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04-17-07 Agenda RegCity of Delray Beach Regular Commission Meeting ~~ . ~'. RULES FOR PUBLIC PARTICIPATION 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 Tuesday, Apri117, 2007 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 Regular Meeting 6:00 p.m. presiding officer has discretion to adjust the amount of time allocated. Public Hearings 7:00 p.m. Commission Chambers A. Public Hearings: Any citizen is entitled to speak on items under this Delray Beach City Hall 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. ADDRE33ING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. 100 NW 1st Avenue Delray Beach, Florida 33444 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, Phone• (561) 243-7000 program, or activity conducted by the City. Contact Doug Randolph at 243- Fax• • (561) 243-3774 7127, 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. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. 5. APPROVAL OF MINUTES: March 20, 2007 -Regular Meeting Apri13, 2007 -Regular Meeting Apri110, 2007 -Workshop Meeting 6. PROCLAMATIONS: A. Municipal Clerk's Week - Apri129 -May 5, 2007 7. PRESENTATIONS: A. 18th Annual Delaire/Defray Citizens for Delray Police Charity Golf Tournament Presentation to Police and Fire-Rescue -Perry DonFrancisco B. City of Delray Beach Residents' Academy Certificates -Janet Meeks 8. CONSENT AGENDA: Ciry Manager Recommends Approval. A. RESOLUTION NO. 27-07: Approve Resolution No. 27-07 assessing costs for abatement action required for the emergency board-up of unsafe structures located at 106 & 108 NW 10~' Avenue, 1127 Miramar Drive and 4869 Pineview Circle. B. HOLD HARMLESS AND LANDSCAPE MAINTENANCE AGREEMENT/OCEAN TERRACE TOWNHOMES: Approve and accept a hold harmless and landscape maintenance agreement associated with the Ocean Terrace Townhomes project for the installation and maintenance of all irrigation, located on the west side of Palm Trail approximately 172 feet north of Bond Way. C. AMENDMENT NO. 2/SERVICE AUTHORIZATION NO. 23/MATHEWS CONSULTING, INC.: Approve Amendment No. 2 to Service Authorization No. 23 to Mathews Consulting, Inc. in the amount of $28,068.00 for professional engineering services related to Homeowner's (HOA's) and property owner's connection to the Reclaimed Water Areas 2 & 3 Transmission Main Project. Funding is available from 441-5181-536-31.90 (Water/Sewer Fund/Other Professional Services). D. AGREEMENT/WIFI SERVICES/DELRAY BEACH WI-FI, INC.: Approve an agreement between the Ciry and Delray Beach WI-FI, Inc. for construction of a wi-fi system through out the entire Ciry. 04-17-2007 -2- E. AGREEMENT/PALM BEACH COUNTY: Approve an agreement between the City and Palm Beach County in order for the City to implement the Disaster Recovery Initiative (DRI) funding in connection with the demolition of Carver Estates. F. HOUSING REHABILITATION GRANT/CONTRACT AWARDS: Approve two (2) Housing Rehabilitation grant/contract awards through the Community Development Division in the amount of $31,962.00 to I.Q. Construction, Inc. for 612 SW 9`~ Street and in the amount of $27,919.50 to South Florida Construction for 32 SW 14d' Avenue. Funding is available from 118-1963-554-49.19 (Community Development Fund/Housing Rehabilitation). G. SUBORDINATION AGREEMENT FOR COMMUNITY DEVELOPMENT FUNDING RECIPIENT: Authorize and approve subordination of the City's second mortgage in the amount of $17,094.00 to allow the applicant to secure new financing. H. INTERLOCAL AGREEMENT/PALM BEACH COUNTY SHERIFF'S OFFICE: Approve an interlocal agreement between the City and the Palm Beach County Sheriff's Office for Urban Area Security Initiative (LTASI) which will provide $13,500.00 to the Delray Beach Police Department for a Viking Dry Suite and Emergency Trailer/Equipment. I. INTERLOCAL AGREEMENT/PALM BEACH COUNTY/MIRACLE LEAGUE FUNDING: Approve an interlocal agreement between the City and Palm Beach County for funding not to exceed $250,000.00 from the 2002 Recreation and Cultural Facilities Bond for the Miracle League diamond at Miller Park. J. SPECIAL EVENT REQUEST/ART AND JAZZ ON THE AVENUE: Approve a special event request for the Art and Jazz on the Avenue to be held on May 10, 2007, from 6:00 p.m. to 10:00 p.m., granting a temporary use permit per LDR Section 2.4.6(F) for street closure of Atlantic Avenue, from Swinton to the west side of N.E./S.E. 7d' Avenue, Railroad Drive from Atlantic Avenue north to the north side of the east/west alley, and to the alleys north and south of Atlantic Avenue on N.E./S.E. ls` Avenue, N.E./S.E. 2"d Avenue, S.E. 3`d Avenue, N.E./S.E. 4`'' Avenue, and the Tennis Center parking lot; authorize staff support for security and traffic control, banner hanging and removal, barricade set up and removal, trash removal and clean up, and EMS assistance. K. SPECIAL EVENT REQUEST/BED RACE: Approve a special event request to allow the 10d' Annual Bed Race and Street Dance to be held on May 18, 2007 from 5:30 p.m. until 10:00 p.m., granting a temporary use permit per LDR Section 2.4.6(F) for the use and closure of N.E. 2"d Avenue between N.E. 1$` Street and N.E. 2"d Street, and N.E. 2"d Street east and west of N.E. 2nd Avenue to the alleys; authorize staff support for security and traffic control, barricading, use and set up of the small stage, and preparation and installation of event signage, and EMS assistance; contingent on the receipt of a hold harmless agreement and receipt of the certificate of liability insurance. 04-17-20(17 -3- L. FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)/TOINT PARTICIPATION AGREEMENT: Approve A Joint Participation Agreement with the Florida Department of Transportation (FDOT) for the adjustment of the City owned and maintained utilities within the US 1 comdor between the C-15 Canal and Tropic Boulevard; the City will be required to pay the Florida Department of Transportation (FDOT) an estimated cost of $18,483.20. Funding will be programmed to the FY 2007 - 2008 Capital Improvement Plan. M. PALM BEACH COUNTY/MATCHING GRANT APPLICATION/KNOWLES PARK SCULPTURE PROTECT: Approve a Palm Beach County Public Art Improves Our Community Matching Grant Application for a proposed sculpture at Knowles Park, subject to receiving a grant from Palm Beach County. The Matching Grant Program is a 50% match and Palm Beach County will reimburse the City in an amount of $25,000.00. Funding is available from the Public Arts Program. N. RESOLUTION NO. 29-07/FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)/LANDSCAPING COSTS: Approve and adopt Resolution No. 29-07 authorizing execution of a Locally Funded Agreement (LFA) with the Florida Department of Transportation (FDOT) fox funding in the amount of $11,000.00 to offset irrigation and landscaping costs for the South Federal Highway Road Reconstruction Project, between the C-15 Canal and Tropic Boulevard. O. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period April 2, 200? through Apri113, 2007. P. AWARD OF BIDS AND CONTRACTS: Purchase award to Duval Ford in the amount of $17,895.00 via the Florida Sheriff's Association Contract #06-14-0821 for the purchase of one (1) Ford F- 250 Pick-up Truck. Funding is available from 501-3312-591-64.20 (Central Garage Fund/Automotive). 9. REGULAR AGENDA: A. APPEAL OF THE HISTORIC PRESERVATION BOARD'S DECISION/238 SOUTHEAST 7TH AVENUE: Appeal of the Historic Preservation Board's decision approving a COA for construction of a two-story garage/guest suite addition at 238 Southeast 7`~ Avenue, located in the Marina Historic District. (Quasi Judicial Heating) B. APPEAL OF THE HISTORIC PRESERVATION BOARD'S DECISION/706 SOUTHEAST 2"'u STREET: Appeal of the Historic Preservation Board's decision approving a COA for construction of a new single-family residence at 706 Southeast 2nd Street, located in the Marina Historic District. (Quasi Judicial Hearing) 04-17-2007 4- C. WAIVER REQUEST/PINEAPPLE GROVE ARTS DISTRICT: Consider a request for waivers of Land Development Regulations (LDR) Sections 4.6.7Q)(1)(a) and Q)(2), "Banners and Wind Signs", prohibiting the use of banners as signs and off- premise signs, pursuant to the request by the agent for the Pineapple Grove Arts District. (Quasi Judicial Hearing) D. RESOLUTION NO. 28-07 (STATE HOUSING INITIATIVES PARTNERSHIP (SHIPI LOCAL HOUSING ASSISTANCE PLANj~ Consider approval of Resolution No. 28-07 adopting the Local Housing Assistance Plan for Fiscal Years 2007-2010 pursuant to the State Housing Initiatives Partnership (SHIP) Program. E. MARKETING/SELLING CITY RETAIL SPACES/OLD SCHOOL SQUARE GARAGE: Discussion regarding three (3) proposals from Coastal Commercial Group, LLC and Re/mar on the sale of the retail space in the Old School Square garage. F. FIRST ANNUAL S.P.I.R.I.T. AWARDS BANQUET: Provide direction regarding the First Annual S.P.I.R.I.T. Awards Banquet. G. A~JTHORIZATION TO FILE A COMPLAINT FOR DECLARATORY AND INTUNCTIVE RELIEF AND/OR PETITION FOR GUARDIANSHIP OF A MINOR/ANTHONY HARRIS, FORMER CITY EMPLOYEE: Consider a request authorizing the City to file a Complaint for Declaratory and Injunctive Relief and/or Petition for Guardianship of a Minor in the Circuit Court of Palm Beach County regarding the death benefit due under the General Employees Pension Plan as a result of the death of Anthony Harris, former City Employee. H. APPOINTMENT TO THE BOARD OF ADTUSTMENT: Appoint one (1) alternate member to the Board of Adjustment for an unexpired term ending August 31, 2007. Based upon the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2). APPOINTMENT TO THE PLANI~TING AND ZONING BOARD: Appoint one (1) regular member to the Planning and Zoning Board for an unexpired term ending August 31, 2007. Based upon the rotation system, the appointment will be made by Commissioner Montague (Seat #4). APPOINTMENT TO THE POLICE AND FIREFIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES: Appoint one (1) regular member to the Police and Firefighters Retirement System Board of Trustees for a two (2) year term ending April 22, 2009. Based upon the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2). 04-17-2007 -5- 10. PUBLIC HEARINGS: A. DEVELOPER'S AGREEMENT/CANNERY ROW, LLC• Consider approval of a development agreement with Cannery Row, LLC regarding the purchase and use of the Community Facility Property and the dedication of the Park Property located in the Cannery Row Development. B. ORDINANCE NO. 15-07: An ordinance amending Chapter 35, "Employee Policies and Benefits", Subheading "Retirement Plan", of the Code of Ordinances of the Ciry of Delray Beach, Florida, by amending Section 35.097, "Retirement Income; Basis, Amount, and Payment", to provide an alternative method for purchasing the optional enhanced multiplier for periods of prior city employment. 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. FIRST READINGS: A. ORDINANCE NO. 14-07: City initiated amendments to the Land Development Regulations Subsections 4.6.7(H)(8), "Residential", to provide additional clarification regarding residential real estate signs, (H)(9), "Window Signs", to provide clarification regarding size of signs, and (I~(10), "Temporary Signs", to prohibit temporary non- commercial signs in public rights of way contiguous to public property, and where allowed, to provide time limits for removal. If passed, a second public hearing will be scheduled for May 1, 2007. B. ORDINANCE NO. 17-07: An ordinance amending Chapter 35, "Employee Policies and Benefits", Subheading "Retirement Plan", of the Code of Ordinances of the City of Delray Beach, Florida, by amending Section 35.097, "Retirement Income; Basis, Amount, and Payment", providing for direct rollovers to an individual retirement account by anon-spouse beneficiary. If passed, a second public hearing will be scheduled for May 1, 2007. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: April 1S, 2007 04-17-2007 -G- MARCH 20, 2007 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, March 20, 2007. 1. Roll call showed: Present - Commissioner Fred Fetzer Commissioner Jon Levinson Commissioner Brenda Montague Mayor Jeff Perlman Absent - Commissioner Ellis Also present were - David T. Harden, City Manager Susan A. Ruby, City Attorney Terrill Barton, Assistant City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Sharon Austin with Cason United Methodist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor Perlman stated Item 9.C., Agreement/Wi-fi Services/Delray Beach Wi-Fi, Inc. is being removed from the Agenda due to the applicant's request. He stated there is additional information for Item 9.D., Capital Proiect Financing Needs. Mayor Perlman noted the addition of Item 9.H., Official Municipal Election Results to the Regular Agenda by addendum. Mrs. Montague moved to approve the Agenda as amended, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Levinson -Yes; Mrs. Montague -Yes; Mayor Perlman -Yes. Said motion passed with a 4 to 0 vote. 03/20/07 5. APPROVAL OF MINUTES: Mr. Fetzer moved to approve the Minutes of the Regular Meeting of March 5, 2007, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Levinson -Yes; Mrs. Montague -Yes; Mayor Perlman -Yes; Mr. Fetzer - Yes. Said motion passed with a 4 to 0 vote. Mrs. Montague moved to approve the SpeciaUWorkshop Meeting of March 15, 2007, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Perlman -Yes; Mr. Fetzer -Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. 6. PROCLAMATIONS: 6.A. Water Conservation Month - Apri12007 Mayor Perlman read and presented a proclamation hereby proclaiming the month of April 2007 as Water Conservation Month. Richard Hasko, Director of Environmental Services came forward to accept the proclamation and gave a few brief comments. 6.B. Commending multiple medal winners -Delray Beach 2007 Senior Games Mayor Perlman read and presented a proclamation hereby proclaiming that CHRIS BURT, HERBERT FURASH, CORING "SNAG" HOLMES, RALPH JOHNSEN, JUSTIN LANGSNER, RAYMOND LEBOWITZ, GEORGE McNEILL, RODGER RIBEIRO, ANN SCHMIDT, RAFFI TOROYAN AND ABE ULANOFF are to be commended for their many triumphs in this competition, and for their spirit and enthusiasm. 6.C. Recognizing and Commending the Delray Rocks Football & Cheerleading Squads Mayor Perlman read and presented a proclamation hereby proclaiming the Delray Rocks Football and Cheerleading participants to be "Champions among Champions and Ambassadors of Good Will and Sportsmanship for the City of Delray Beach, Florida." Coaches and David Ricks, Recreation Supervisor IV came forward to accept the proclamations. 6.D. Recognizing and commending Melissa Kaminiecki Administration/Recreation Division -Parks and Recreation Department Employee of the Year for 2006; Greg Okonski -Ocean Rescue Division and Margaret Johnson - Parks Maintenance Division as Parks and Recreation Ton Emnlovees of the Year for 2006. -2- 03/20/07 Mayor Perlman read and presented a proclamation hereby recognizing and commending MELISSA KAMINIECKI/Parks & Recreation Department Employee of the Year 2006, GREG OKONSKI/Ocean Rescue Division, and MARGARET JOHNSON/Parks Maintenance Division as Top Employees of the Year 2006 for their respective divisions. Joseph Weldon, Director of Parks and Recreation, gave a few brief comments and presented checks to the top employees of the year for 2006. 7. PRESENTATIONS: 7.A. Zion Study Circle -Susan Ruby Susan Ruby, City Attorney, stated it is a great pleasure for her to introduce the members of the Zion Study Circle. The Zion Study Circle is named after this town because in the 1800's the second keeper of the House of Refugee his wife Mrs. Andrews identified the post office address of this town as Zion Florida. One of the meanings of the word Zion is Utopia or a special place. Mrs. Ruby stated her study circle has been meeting since August 2006 in one another's homes and worked on their project which they identified as having a more inclusive history of the City of Delray Beach recognizing everyone who has contributed to this great city. Mrs. Ruby introduced the following Zion Study Circle members: Elizabeth Alpert Pastor Sharon Austin Vickie Blose Arthur Brown Alan Burgess Cory Cassidy Pastor Delpe Charlotte Durante Pastor Evens Jules Susan Ruby Thuy Shutt Pastor Thicklin Shelly Weil Patsy Westall Alice Finst Lori Durante Patsy Westall read a poem regarding R.A.C.E. Relations into the record, Reverend Sharon Austin and Lori Durante spoke briefly regarding their project. S. CONSENT AGENDA: City Manager Recommends Approval. 8.A. ACCEPTANCE OF EASEMENT DEEDBBC, LLC: Accept an easement deed for a five foot sidewalk easement along the north side of the 1100 Block of NW l st Street. S.B. RESOLUTION NO. 22-07/FLORIDA DEPARTMENT OF TRANSPORTATION (FDOTI/OLD GERMANTOWN ROAD SIDEWALKS: Approve and adopt Resolution No. 22-07 authorizing execution of a Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) for the installation of sidewalks on Old Germantown Road between Linton Boulevard and Homewood Boulevard. -3- 03/20/07 The caption of Resolution No. 22-07 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE JOINT PARTICIPATION AGREEMENT FOR THE CONSTRUCTION AND FUNDING OF THE SIDEWALK ALONG OLD GERMANTOWN ROAD BETWEEN LINTON BOULEVARD AND HOMEWOOD BOULEVARD AND AUTHORIZING THE EXECUTION OF THE AGREEMENT. (The official copy of Resolution No. 22-07 is on file in the City Clerk's 8.C. SERVICE AUTHORIZATION NO. 10/MATHEWS CONSULTING, INC.: Approve Service Authorization No. 10 to Mathews Consulting, Inc. in the amount of $39,320.00 for professional services for updating the computerized hydraulic model of the water distribution system. Funding is available from 441-5181-536-31.90 (Water/Sewer Fund/Other Professional Services). 8.D. AGREEMENT/MARLIN ENGINEERING: Approve an agreement with Marlin Engineering in the amount of $20,981.94 to provide professional services for the presentation of a Quiet Zone Study for the CSX Railroad five (5) public and four (4) private crossings of record within Delray Beach. Funding is available from 001-2911- 519-31.30 (General Fund/Engineering/Architect). 8.E. IN')E'ERLOCAL AGREEMENT/PALM BEACH COUNTY/TROMBONE STYLE MAST ARMS/SR AlA AND EAST ATLANTIC AVENUE: Approve an Interlocal Agreement with Palm Beach County for reimbursement in the amount of $46,500.00 for the installation of trombone style mast arms at the intersection of SR AlA and East Atlantic Avenue. 8.F. SPECIAL EVENT REOUEST/EASTER SUNRISE SERVICE: Approve a request to endorse the Easter Sunrise Service to be held on April 8, 2007, to grant a temporary use permit per LDR Section 2.4.6(F) for the closure of South Ocean Boulevard from Atlantic Avenue to Miramar from 6:00 a.m. to 7:30 a.m., grant the use of the pavilion, authorize staff support for traffic control, barricading and EMS presence. 8.G. AGREEMENT/DELRAY BEACH HOUSING AUTHORITY: Approve an agreement between the City and the Delray Beach Housing Authority (DBHA) granting the City permission to access the Carver Estates property in order to demolish the buildings and clear the site. -4- 03/20/07 8.H. AMENDMENT/COMMUNITY DEVELOPMENT DIVISION PROGRAM DESCRIPTION MANUAL: Approve a request to amend the Community Development Division Program Description Manual which specifies the standard operating procedures for Federal, State and Local program administration under the Department of Community Improvement, Community Development. 8.I. REQUEST TO EXCEED HOUSING REHABILITATION GRANT LIMIT: Approve a request to exceed the housing rehab Community Development Block Grant (CDBG) limit of $35,000.00 in order to address unforeseen health and safety concerns for one (1) housing rehabilitation grant located at 102 SW 8`" Avenue. Funding is available from 118-1963-554-49.19 (Community Development Fund/Housing Rehabilitation). 8.J. CONSTRUCTION CONTRACT/HARTZELL CONSTRUCTION, INC.: Approve a construction contract with Hartzell Construction, Inc., in the amount of $98,796.00 for the construction of concrete sidewalks, clearing and grubbing, and sodding swales along SW 4`h Street, SW 11`" Avenue and SW 10`h Avenue. Funding is available from 118-1965-554-63.11 (Community Development Fund/Bikepaths/Sidewalks). 8.K. RESOLUTION NO. 24-07: Approve Resolution No. 24-07 regarding the expenditure of money in support of the proposed amendments to the Palm Beach County Charter. office.) The caption of Resolution No. 24-07 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA (THE "CITY") FINDING THAT THE EXPENDITURE OF MONEY IN SUPPORT OF THE PROPOSED AMENDMENT TO THE PALM BEACH COUNTY CHARTER SERVES A PUBLIC PURPOSE; PROVIDING THAT THE DISSEMINATION OF INFORMATION CONCERNING THE IMPACTS OF THIS AMENDMENT ON THE CITIZENS OF THE COUNTY AND THE CITY IS ESSENTIAL TO THE HEALTH, SAFETY, PROTECTION AND WELFARE OF THE CITY AND ITS CITIZENS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (The official copy of Resolution No. 24-07 is on file in the City Clerk's -5- 03/20/07 8.L. AGREEMENT/SERVICE AUTHORIZATION NO. 1/GLATTING JACKSON KERCHER ANGLIN, INC.: Approve an agreement and Service Authorization No. 1 with Glatting Jackson Kercher Anglin, Inc. for professional consulting services in conjunction with the Old School Square Cultural Arts Center Expansion Project. The proposed fees for Phase 1 total $128,500.00. Funding is available from 334-4151-572-63.59 (Improvements Other/Old School Square Park Improvements). 8.M. SERVICE AUTHORIZATION NO. 6/COASTAL PLANNING & ENGINEERING, INC.: Approve Service Authorization No. 6 to Coastal Planning & Engineering, Inc., in the amount of $26,750.00 for consulting services in developing plans, specifications and providing construction services at the Atlantic Dunes Boardwalk Project. Funding is available from 334-4170-572-63.48 (General Construction Fund/Atlantic Dunes Boardwalk). 8.N. GUARANTEED MAXIMUM PRICE (GMP)/WESTERN/SENIOR COMMUNITY CENTER/WEITZ COMPANY: Approve Phase II of the Guaranteed Maximum Price (GMP) in the amount of $10,123,650.00 to The Weitz Company for the Western/Senior Community Center Project. Funding is available from 380-4150-572- 62.58 (2004 G.O. Bond/Western/Senior Community Center). 8.0. FDOT UTILITY PERMIT & HOLD HARMLESS AGREEMENT/WALGREENS STORE NO. 5489: Authorize the City to act as the utility permit applicant for connecting a fire hydrant to an existing water main in the Florida Department of Transportation (FDOT) right-of--way, located at the intersection of West Atlantic Avenue and Military Trail and approve a hold harmless agreement with the developer (Rockwell Development). 8.P. VIDEO PRODUCTION AGREEMENT/DELRAY YOUTH VOCATIONAL CHARTER SCHOOL: Approve and ratify an agreement with the International City Management Association (ICMA) for the preparation of a video about the Delray Youth Vocational Charter School and authorize the City Manager to execute the attached contract for video production. 8~. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period March 5, 2007 through March 16, 2007. 8.R. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Roof Painting by Hartzell, Inc. in the amount of $24,990.00 for painting interior offices in the Police Department. Funding is available from 001-2111-521-46.10 (General Fund/Building Maintenance). 2. Purchase awards to Duval Ford in the amount of $158,891.00 for the purchase of eight (8) vehicles; and to Classic Chevrolet in the -6- 03/20/07 amount of $25,316.00 for the purchase of two (2) vehicles; via the Sheriffls Association Contract for various departments within the City. Funding is available from 501-3312-591-64.20 (Central Garage Fund/Automotive). 3. Purchase award to Integrian in the amount of $27,870.00 for the purchase of six (6) digital in-car audio/visual recording systems for the Police Department. Funding is available from 001-2117-521- 64.90, 001-2119-521-64.90 and 001-2121-521-64.90 (General Fund/Other Machinery/Bquipment). 4. Purchase award to Tactical Products Group in the amount of $50,180.00 for the purchase of ballistic vests and plates (bulletproof vests) for the Police Department. Funding is available from 115-2132-521-52.27 (Operating Supplies/Equipment <$750) and 115-2132-521-64.90 (Operating Supplies/Other Machinery/Equipment). 5. Contract award to Linetech, Inc. in the amount of $20,989.00 for the installation of 2" water and sewer for the Temporary Fire Station No. 4 facilities located at Barwick Road Baptist Church. Piggybacking on City of Boynton Beach Bid # 02-2821-07/JA. Funding is available from 442-5178-536-63.90 (W&S Renewal & Replacement Fund/Other Improvements). 6. Contract award to Kilbourne & Sons, Inc. in the amount of $21,688.20 for construction of a paved staging area for Temporary Fire Station No. 4 trailer office space. Funding is available from 334-6112-522-49.90 (General Construction Fund/Other Current Charges). Mrs. Montague moved to approve the Consent Agenda, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor Perlman -Yes; Mr. Fetzer -Yes; Mr. Levinson -Yes; Mrs. Montague -Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 6:40 p.m., the Commission moved to Item 9.A. of the Regular Agenda. 9. REGULAR AGENDA: 9.A. APPEAL OF THE HISTORIC PRESERVATION BOARD'S DECISION/20 NORTH SWINTON AVENUE: Appeal of the Historic Preservation Board's decision regarding the relocation of a structure to 20 North Swinton Avenue located in the Old School Square Historic District. (Quasi-Judicial Hearin -7- 03/20/07 Mayor Perlman declared a conflict of interest, passed the gavel to Deputy Vice Mayor Fetzer, and stepped down from the dais. Deputy Vice Mayor Fetzer read into the record the City of Delray Beach procedures for aQuasi-Judicial Hearing for this item and all subsequent quasi judicial items. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Deputy Vice Mayor Fetzer asked the Commission to disclose their ex parte communications. Mr. Levinson stated he received several emails which he forwarded to the City Clerk and spoke with Mr. Michael Weiner. Mrs. Montague stated she received email which she needs to forward to the City Clerk. In addition, Mrs. Montague stated she met with the applicant (CRA) as well as Mr. Joseph. Mr. Fetzer stated he had communication with Michael Weiner and Diane Colonna. The City Attorney stated there may be people present who are speaking on behalf of others. She stated someone can speak for six minutes if they are speaking on behalf of six or more people and these people have to be present. The City Attorney stated before someone speaks they should identify the six individuals they are speaking on behalf of. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2007-100 and #2007-045 into the record. Mr. Dorling stated the site is approximately 100 feet north of Atlantic Avenue (west side of Swinton Avenue) and the development proposal is to relocate the structure to the rear of the existing CRA building. At its meeting of February 21, 2007, the Historic Preservation Board (HPB) considered this item and it was appealed by the City Commission at their March 5, 2007 meeting. The HPB considered the Class IV Site Plan Application and Certificate of Appropriateness and after deliberation recommended denial. In order to justify moving a contributing structure, the Land Development Regulations require the applicant to demonstrate that the structure's preservation on its existing site is not consistent with the intent of LDR Section 4.5.1 or would cause undue economic hardship to the property owner. In the deliberations, HPB was unable to make those required findings and these findings are further explained in the Delray Beach Historic Design Guidelines which specifically note that relocation should be a last resort and this did not meet that criteria. The HPB followed the quasi judicial procedures during their deliberations and recommended against this relocation with a 6 to 0 vote. At its meeting of March 5, 2007, the City Commission agreed to appeal the HPB's decision with a vote of 4 to 0 (Mayor Perlman stepped down) Mr. Dorling stated if the Commission wishes to overturn the appeal staff asked that it be subject to the nine (9) conditions listed on page 2 of the City Commission documentation which were also part of the HPB staff report. -8- 03/20/07 The City Attorney stated there is a party who has been granted "party status" which is the owner of the building. Diane Colonna, Director of the Community Redevelopment Agency (CRAI, stated the CRA moved the home located at 24 North Swinton Avenue from West Palm Beach down the Intracoastal approximately 12 years ago along with the Monterey House. She stated the CRA was in that bungalow for many years until they outgrew it and then they sold it to the current property owner. Michael Weiner, 102 North Swinton Avenue, Delray Beach, speaking on behalf of Mr. Joseph, stated Mr. Joseph made arrangements with the CRA to move the structure to an area behind the CRA. Mr. Weiner stated Mr. Joseph owns two adjoining properties (24 North Swinton Avenue and 30 North Swinton Avenue) and has been considering redeveloping these adjoining properties. At its meeting of February 21, 2007, the Historic Preservation Board (HPB) considered the actual moving of this home. Mr. Weiner stated the major reason for the vote was that Kirk was not the "party" that evening and noted the CRA was making the application. Mr. Weiner stated Kirk could not prove undue economic hardship and noted that economic hardship does not have anything to do with this situation. Mr. Weiner stated he believes Commissioner Montague was correct in granting this appeal because the incorrect standard of law was applied and the correct standard needs to be applied. Mr. Weiner made reference to Section 4.5:1 of the Land Development Regulations and reviewed a few subsections which apply. Deputy Vice Mayor Fetzer stated if anyone from the public would like to speak in favor or in opposition of the appeal of the Historic Preservation Board's decision, to please come forward at this time. Toni Del Fiandra, 14 Dixie Boulevard, Delray Beach, (member of HPB stated Mr. Weiner indicated that this specific house was not part of the deal and the demolition had nothing to do with it. She stated the moving had nothing to do with it yet it is mentioned specifically in this request. Ms. Del Fiandra stated this involved the moving or demolition of property so it could not be not taken into consideration that it was part of the item. Ms. Del Fiandra stated the owner has this property and owns the property next to it and therefore he has lots of room to move things around. Ms. Del Fiandra stated this home was brought to the City for the purpose of adding to the historic element on a historic street. Dan Sloan, 106 S.E. 7th Avenue #1, Delray Beach, entered his credentials into the record and stated it is not appropriate to relocate the historic bungalow from a prominent streetscape location on Swinton Avenue to a back alley location fronting the dumpster behind Dunkin Donuts. Mr. Sloan stated the CRA should be required to protect designated historic structures in any future land sales or transfers. He urged the Commission to not allow the relocation of this building and require the property owner to incorporate it in his future development plans and celebrate it as a prominent component of his site. -9- 03/20/07 Claudia Willis, 160 Marine Way, Delray Beach, read a statement into the record regarding the relocation of the historic structure. She stated it should be noted that several Historic Preservation Board members said at that time they would not support the relocation and pointed out to the applicant that the Board was only considering the variance. On February 21, 2007, the Community Redevelopment Agency (CRA) petitioned the HPB to receive North Swinton onto their property and HPB unanimously denied this relocation. She stated the only justification given in the staff report was the threat of demolition as a result of potential redevelopment. She urged the Commission to support historic preservation and stated their actions this evening will determine the future of all the cottages on Swinton Avenue. Thuy Shutt, 102 N.W. 12T" Street, Delray Beach, 241 Royal Court, Delray Beach (lives in a historic district), stated she is a licensed architect and has been involved for the past 18 years in the city starting with the rehabilitation of Old School Square, Palm Beach Community College (PBCC), and numerous other residential structure throughout the county. She stated if an owner has to be forced to look at relocation that is one of the things that can be considered. However, one of the things she urged the Commission to look at is the adaptive reuse of a historic structure. Mrs. Shutt stated preservation in Florida is not the same as in the northern states where homes are a hundred years old. She stated preservation in Florida needs to be done weighing the cause and also the benefits that could be gained by having adaptive reuse of the property, to prolong the use and to halt the deterioration of that property. Mrs. Shutt urged the Commission to consider supporting Mr. Joseph and stated when the homes were moved from the Hillcrest neighborhood to Delray Beach. There were five specific styles that were anticipated to be moved to Florida Atlantic University (FAU) for an architectural and landscape architectural campus. The architectural village was originally donated at a cost of approximately $1 million to fix this up for the livelihood of the architectural education. She stated FAU could not come up with a matching grant and therefore these homes were scattered throughout. At that time, the Community Redevelopment Agency (CRA) secured two of the homes. She urged the Commission as a last resort to allow this office to remain within the CRA's ownership. Mrs. Shutt stated if this home is moved to the rear of the CRA there would be a very short construction period and it is very cost effective versus trying to build a new building within the area. Joe Snider, speaking on behalf of others present this evening, (entered his credentials into the record), and expressed concern that relocation and demolition appear to be the only possible fates for this property being considered. He stated the house is both contributing in a historic district and individually listed and falls under the relevant sections of the 1987 LDR which reads: "relocation of historic buildings and structures to other sites shall not take place unless it is shown that their preservation on their existing sites is not consistent with the purposes of this section or would cause undo economic hardship to the owner." Mr. Snider stated he does not see how changes in the owner's circumstances qualify as inconsistency with the ordinance. With regard to economic hardship he quoted the following preservation reference: "the hardship must be more drastic than difficulty paying taxes or operating costs. The inability of an owner to maximize the property's economic return is also not sufficient justification. The owner -10- 03/20/07 must prove the property's existing use is economically unfeasible and that sale, rental or rehabilitation of the property is not possible." Mr. Snider stated the house cannot be legally relocated or demolished. Robert W. Ganger, President of the Delray Beach Historical Society, stated next Tuesday the Executive Director of the Delray Beach Historical Society and himself will be meeting in Tallahassee with the Division of Historic Resources and applying for a grant to restore a house they hope to move from 5th Avenue to the Cason Cottage complex. He expressed concern over how the state will look at them if they have received from them money to move a house and restore it and then we take action to defeat the very purpose of what the original grant was intended to be applied for. Mr. Ganger stated Delray Beach has a terrific reputation with the Department of State Division of Historic Resources and they feel Delray Beach is on the forefront of protecting and preserving as much of our landmarks and we possibly can. Mr. Ganger stated the support of the state in what we do is invaluable and we should keep trying to do what is right. Warren Adams, sneaking on behalf of six neonle present this evening, read his credentials into the record, stated with regard to the relocation it has been stated that LDR Section 4.5.1 states: "relocation of historic buildings and structures to other sites shall not take place unless it is shown that the preservation on the existing or original sites is not consistent with the purposes of this section." Mr. Adams stated it is the actual moving or relocating of this building that will not be consistent for the purposes of this section. He stated it is his understanding that if a building is moved to an appropriate site it may still be national register eligible. Mr. Adams stated moving it behind the existing CRA building is not an appropriate site and would most definitely damage any chance at having appeared on the national register. He stated relocating this structure will adversely affect the historic streetscape. This proposal in conjunction with the proposal to demolish the building at 34 Swinton Avenue would leave two vacant lots. He stated out of the five historic buildings on the west side of the block three of them would be adversely affected (one demolished, one moved, and one with an inappropriate addition). Mr. Adams urged the Commission to deny this appeal. Livia Landry, 701 N. Swinton Avenue, Delray Beach, read a statement into the record regarding the relocation of a structure to 20 North Swinton Avenue. In her opinion, Mrs. Landry stated to allow the relocation of this structure means that we ignore the rules and regulations that are in place to safeguard and protect the integrity of these contributing properties located not only inside the historic district but outside as well. In addition, she stated that by ignoring the LDR's and the Secretary of the Interior Standards places every property in all of the historic districts and those designated outside in jeopardy of falling victim to redevelopment. Mrs. Landry stated the property owner knew he was not only buying in a historic district but that he was buying a contributing building that has significant historic value. Mrs. Landry urged the Commission to uphold the LDR's and the Secretary of Interior Standards and not allow the relocation of this building. Furthermore, she urged the Commission to protect the future of the historic districts and the historic buildings. -11- 03/20/07 There was no cross-examination. Paul Dorling stated there was discussion about the variances the HPB granted for this project prior to this relocation coming to the Board. He stated the HPB voiced concerns regarding the relocation and as the relocation was not submitted as part of the application they were inclined to make positive findings with respect to the variance only. Secondly, Mr. Dorling stated the applicant's attorney spoke about the wrong standards of law as it relates to "or" or "and" within the LDR's. Mr. Dorling stated whether it states "or" or "and" is irrelevant because it does not meet the requirements of LDR Section 4.5.1 and does not meet the economic hardship. Mr. Dorling stated there was also reference to demolition and noted there are required findings that need to be made for demolition and the demolition of this structure can be denied by HPB. The Board found that this did not meet the intent of the Secretary of Interior Standards for Rehabilitation or the Delray Beach Historic Preservation Design Guidelines which "call for the relocation of buildings is recommended only as a last resort when there are no alternatives and the destruction of historic property at its present location is eminent." Mr. Dorling stated after listening to the testimony this evening neither of those cases apply. Michael Weiner stated people who purchased in the historic districts knew they were buying within historic districts. He stated people who bought in historic districts also knew that there were 66 partial and complete demolitions and that they had a right to demolish. Mr. Weiner stated the important thing is consistency with the historic ordinances say to preserve them. He stated the applicant and owner agree to protect our historic resources. There being no one else from the public who wished to address the Commission, the public hearing was closed. Brief discussion between Commissioner Montague and staff followed. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Levinson moved to approve the appeal, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Fetzer - No; Mr. Levinson -Yes; Mrs. Montague -Yes. Said motion to approve the appeal with a 2 to 1 vote; therefore no action has been taken according to the City Charter. The Historic Preservation Board (HPB) decision remains. Mrs. Montague moved to approve the Board Order as presented, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson -Yes; Mrs. Montague -Yes; Mr. Fetzer -Yes. Said motion passed with a 3 to 0 vote. -12- 03/20/07 At this point, the time being 7:47 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 59-06 (SECOND READING/SECOND PUBLIC HEARING): Privately sponsored Future Land Use Map amendment (small-scale) from CF (Community Facilities) to LD (Low Density Residential 0-5 du/ac) for an 8.27 acre portion of the Christ the King Monastery of St. Clare and rezoning from CF (Community Facilities} to R-1-AA (Single Family Residential) and associated reduction of lot frontage and lot width requirements for proposed Lots 17 and 22 within the subdivision at Christ the King Monastery of St. Clare, Inc., located at the southeast corner of Sherwood Boulevard and Sutton Place. (Quasi-Judicial Hearing) The caption of Ordinance No. 59-06 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP DESIGNATION AS CONTAINED IN THE COMPREHENSIVE PLAN FROM CF (COMMUNITY FACILITIES); TO LD (LOW DENSITY RESIDENTIAL 0-5 DU/AC); ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND REZONING AND PLACING LAND PRESENTLY ZONED CF (COMMUNITY FACILITIES) TO R-1-AA (SINGLE FAMILY RESIDENTIAL) DISTRICT; PROVIDING FOR A MODIFICATION OF MI]vIMUM LOT REQUIItEMENTS AND SETBACKS FOR CERTAIN LOTS; SAID LAND BEING A PARCEL OF LAND LOCATED 125 FEET SOUTH OF SHERWOOD BOULEVARD, APPROXIMATELY 650 FEET EAST OF MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, MARCH 2006"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 59-06 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. -13- 03/20/07 Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose their ex parte communications. The Commission had no exparte communications in addition to what has been disclosed at this point (everything has been disclosed in the first hearing). Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning project file #2006-393 and #2006-394 into the record. Mr. Dorling stated this petition involves an 8.27 parcel which is part of a larger parcel (10.98 acres) known as Christ the King Monastery of St. Clare site which is located on Sherwood Boulevard. The petition was before the Commission several times before and included a slightly larger parcel where the Priest home was to be located. Mr. Dorling stated the applicant has reduced the development by three lots and has come in with a smaller parcel. The petition now involves a change in the Future Land Use Map from CF (Community Facilities) to LD (Low Density Residential) and a rezoning from CF (Community Facilities) to R-1-AA for this 8.27 parcel. The proposal also includes larger size lots per the R-1-AAA regulations 12,500 square feet for the lots that front along Lakeview Boulevard. Additionally, the proposed access from Sherwood Boulevard has been modified. Previously, atwo-way access was proposed to the existing priest's residence which was narrowed to provide an inbound, one-way access only to the proposed residential development. The modified development plan shows an inbound one-way access only to the proposed residential development. At its meeting of February 27, 2007, the Planning and Zoning Board considered this request and recommended approval subject to adopting the findings of fact contained in the Planning and Zoning staff report. Mr. Dorling stated at that meeting there were four residents that spoke in opposition and their concerns centered around the desire for the entire subdivision to be of the R-1-AAA-B size lots and there was also concern about the traffic impact over this residential development on the adjacent subdivision and there was significant concern about the one-way access from Sherwood Boulevard. The Board voted 3 to 1 to recommend approval and staff recommends approval. Michael Weiner, Attorney with Weiner & Aronson, P.A., 102 North Swinton Avenue, Delray Beach, gave a brief PowerPoint presentation and stated the applicant is requesting an R-1-AA zoning. The City Attorney stated at this time would be the opportunity for Karen Kiselewski and Brian Link to come forward. Ms. Kiselewski and Mr. Link were not present. Mayor Perlman stated if anyone from the public would like to speak in favor or in opposition of Ordinance No. 59-06, to please come forward at this time. -14- 03/20/07 Jess Sowards, Architect, briefly reviewed the aerial site plan of the general area and discussed compatibility. He read a letter into the record from Sister Veronica Butler. Scherazade Alvarez, 3514 Lakeview Boulevard, Delray Beach, stated the developer has come a long way; however, she expressed concern over the one-way entrance (Lakeview Boulevard). She stated although this is probably a plat issue she urged the Commission to consider that the one-way entrance is an unfair burden. Ralph McGovney, 3429 Lakeview Drive, Delray Beach, distributed photographs to the Commission and stated Mr. Weiner referred to these lots as being super sized lots and wanting to make them R-1-AA lots with conditions to make them R- 1-AAA. He asked why these lots cannot just be made R-1-AAA lots instead of R-1-AA with conditions. Mr. McGovney stated if these are R-1-AAA lots they should be R-1- AAA lots. Dr. Jay Alperin, 3130 Lowson Boulevard, Delray Beach, stated people have worked together to try to come up with a compromise and feels this is as good as it is going to get from both sides. He urged the Commission to support this ordinance. There was no cross-examination. Michael Weiner gave a brief rebuttal and stated they meet all the requirements of the Land Development Regulations and the Comprehensive Plan for the City of Delray Beach. He stated having met the burden of proof with respect to a land development change, with respect to rezoning with conditions and knowing that the Code allows conditions for rezoning and knowing that all they need is a justification with respect to a reduction of lot size he urged the Commission to approve this ordinance. Mr. Fetzer moved to adopt Ordinance No. 59-06 on Second and FINAL Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Perlman -Yes; Mr. Fetzer -Yes; Mr. Levinson -Yes. Said motion passed with a 4 to 0 vote. 10.B. ORDINANCE NO. 68-06 (SECOND READING/SECOND PUBLIC HEARING): City initiated amendments to multiple sections of the Land Development Regulations (LDR) Section 1.4.3, "Enforcement", Section 1.4.4, "Penalty", Section 2.2.6, "The Historic Preservation Board", Section 2.4.6, "Procedures for Obtaining Permits and Approvals", Section 3.2.4, "Standards for Specific Areas or Purposes", Section 4.1.4, "Use of Lots of Record", Section 4.3.3, "Special Requirements for Specific Uses", Section 4.4.17, "Residential Office District", Section 4.4.24, "Old School Square Historic Arts District", Section 4.5.1, "Historic Preservation Sites and Districts", and Appendix "A", Definitions, as recommended after a comprehensive review of the Delray Beach Historic Preservation Design guidelines. -15- 03/20/07 The caption of Ordinance No. 68-06 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH BY AMENDING SECTIONS 1.4.3, "ENFORCEMENT" AND 1.4.4, "PENALTY", PROVIDING THAT NEGLECT SHALL CONSTITUTE A NUISANCE AND PROVIDING FOR ENFORCEMENT AND PENALTIES; AMENDING SECTION 2.2.6, "THE HISTORIC PRESERVATION BOARD", SUBSECTION (C), "MEETING AND QUORUM", PROVIDING FOR VOTING; AMENDING SECTION 2.4.6, "PROCEDURES FOR OBTAINING PERMITS", SUBSECTION (H), "CERTIFICATE OF APPROPRIATENESS FOR HISTORIC SITES, STRUCTURES, AND IN HISTORIC DISTRICTS", BY PROVIDING DOCUMENTATION FOR DEMOLITIONS; AMENDING SECTION 3.2.4, "STANDARDS FOR SPECIFIC AREAS OR PURPOSES", SUBSECTION 3.2.4(E), "HISTORIC DISTRICTS AND SITES", PROVIDING FOR AND INCORPORATING THE DELRAY BEACH HISTORIC PRESERVATION DESIGN GUIDELINES AND THE SECRETARY OF THE INTERIOR STANDARDS FOR REHABILITATION; AMENDING SECTION 4.1.4, "USE OF LOTS OF RECORD", SUBSECTION 4.1.4(E), TO PROVIDE FOR VARIANCES; AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", SUBSECTION (Q), "GUEST COTTAGE" TO PROVIDE THAT HEIGHT SHALL NOT EXCEED THAT OF MAIN STRUCTURE IN HISTORIC DISTRICTS; AMENDING SECTION 4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT", SUBSECTIONS 4.4.17(A), "PURPOSE AND INTENT", AND 4.4.17(G), "SUPPLEMENTAL DISTRICT REGULATIONS", PROVIDING FOR CONVERSION OF RESIDENTIAL STRUCTURES INTO OFFICE USE IN HISTORIC DISTRICTS; AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTIONS 4.4.24(D), "CONDITIONAL USES" AND 4.4.24(H), "SPECIAL DISTRICT REGULATIONS", PROVIDING PUBLIC PARKING LOTS NOT ASSOCIATED WITH A USE ARE ALLOWED AS CONDITIONAL USES AND CLARIFYING SPECIAL DISTRICT REGULATIONS; -16- 03/20/07 AMENDING SECTION 4.5.1, "HISTORIC PRESERVATION SITES AND DISTRICTS", SUBSECTION 4.5.1(B), "CRITERIA FOR DESIGNATION OF HISTORIC SITES OR DISTRICTS", 4.5.1(E), "DEVELOPMENT STANDARDS", 4.5.1(F), "RESTRICTIONS ON DEMOLITIONS", 4.5.1(1), "HISTORIC PRESERVATION BOARD TO ACT ON SITE PLANS, LANDSCAPE PLANS AND ARCHITECTURAL ELEVATIONS", AND 4.5.1 (L), "DESIGNATIONOF HISTORIC DISTRICTS", BY PROVIDING CLARIFICATION REGARDING FENCES AND PARKING IN HISTORIC DISTRICTS, COMPATIBILITY STANDARDS, ADDITIONAL REQUIREMENTS FOR DEMOLITION APPLICATIONS AND NAMES OF HISTORIC DISTRICTS; AND AMENDING APPENDIX "A", "DEFINITIONS", TO PROVIDE A NEW DEFINITION FOR "HARDSCAPE" AND AMENDING THE DEFINITIONS FOR "CONTRIBUTING" AND "NON-CONTRIBUTING" STRUCTURES; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 68-06 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. At this point, Mr. Levinson stepped away from the dais. Paul Dorling, Director of Planning and Zoning, stated the primary purpose of the amendments is to provide clarification in an objective manner to evaluate compatibility of new development applications with existing development in the historic districts. Mr. Dorling stated LDR Section 4.5.1(F), Development Standards: Restrictions on Demolition, requires additional information and justification when any structure within a historic district is proposed for demolition. This information has typically been requested from the applicant upon first review by the Historic Preservation Board which then required the applicant to reappear before the Board. The major changes that will help define and promote compatible development include the implementation of four tools such as: Building Height Plane, Angle of Vision, Lot coverage, and Infill Development Compatibility Survey. The Building Height Plane and Angle of Vision tools intend to minimize the impact of development along the streetscape -17- 03/20/07 by providing no-build zones on the front elevation both vertically and horizontally. Maximum lot coverage will be implemented based on either the average lot coverage within the survey area, or the historic district (30% for Del-Ida Park, Marina, Old School Square, and West Settlers and 35% for Nassau Street), whichever is less. The Infill Development Compatibility Survey will compare surrounding properties with proposed infill development to assure compatibility with existing development on adjacent properties within the historic district. Mr. Dorling stated this was brought before the Community Redevelopment Agency (CItA), the Planning and Zoning Board (P&Z), the Downtown Development Authority (DDA), the West Atlantic Redevelopment Coalition (WARC) as well as the Historic Preservation Board (HPB) specifically asked for additional clarification which was provided in the ordinance that was provided to the Commission on first reading. He stated this went back to the HPB at their March 7, 2007 meeting and they recommended approval with a 4 to 2 vote. He stated the Planning and Zoning staff report goes into detail with respect to compatibility of the Comprehensive Plan; it outlines one goal, four objectives, and nine specific policies that these regulations are in fact consistent with. He stated there may be some arguments that the proposed tools were not recommended by the REG's recommendations initially that were brought before the public. He stated all four of these tools including the Infill Development Compatibility Survey were discussed in the REG's /HPB guideline presented in the summer of 2006. Mr. Dorling stated in this document it actually recommended a smaller survey area that is being proposed and referred to it as a streetscape neighborhood evaluation rather than an Infill Compatibility Study. He stated given the positive findings of the Historic Preservation Board (HPB) staff recommends approval. Mayor Perlman declared the public hearing open. Hayden Burrus, 10 N.E. 6~h Street, Delray Beach (historic Del-Ida District stated the historic preservation guidelines are not perfect but they are clear. He urged the Commission to adopt these guidelines. Joseuh Snider, 1198 S.W. 5t'' Court, Boca Raton, entered his credentials into the record and as a professional he urged the Commission to adopt the ordinance. He stated the ordinance is very reasonable and very in-line with many other ordinances in other communities. Mr. Snider read a statement into the record. Michael Weiner, 102 North Swinton Avenue, Delray Beach, stated in his opinion we are ending history of Delray. He urged the Commission to give flexibility and stated this ordinance does not do that. Mr. Weiner stated by not giving that flexibility and making everything a matter of size and not quality, you are ending the history of Delray. -18- 03/20/07 Cheryl Jones, 131 S.E. 7th Avenue, Delray Beach, (owns a 1924 Bungalow) hopes the guidelines are approved and stated these guidelines will help other single family homeowners in all of Delray's historic districts from having to deal with monstrosities like what was built next to and behind her 1924 bungalow. Ms. Jones stated she retrieved a survey for the Marina Bay development and calculated their footprints with the help of Amy Alvarez, Historic Preservation Planner. Ms. Jones stated the 8 unit townhouse structure behind her home has a lot coverage of 35% which is far greater than anon-contributing structure. Ms. Jones stated this lot coverage is less than 26% and with the new guidelines she could add atwo-story addition to the rear of her home and garage which could potentially double the square footage of her home. She stated what these guidelines would not allow would be the monstrosities and urged the Commission to approve these guidelines. Thuy Shutt, 102 N.E. 12th Street, Delray Beach & 241 Royal Court, Delray Beach (Del-Ida Park area), stated she is a registered architect and a homeowner of two historical homes. She stated she has re-done these homes herself and feels that the ordinance should include an environmental sensitive component. Mrs. Shutt stated the historical homes in Delray Beach cannot meet energy codes and feels there needs to be some flexibility to introduce new methods of construction as well as new materials. Mrs. Shutt stated the tax abatement for a homeowner of a historical home to fix up their home versus a contemporary home is minimal. Mrs. Shutt stated there is much to be done on this ordinance to help provide incentives for homeowners to keep up their historical structures as well as address the environmentally sensitive issues. Tom Stanley, 725 Palm Trail, Apt. #17, Delray Beach, urged the Commission to pass the Historic Preservation Design Guidelines and stated it is necessary to take a step forward. He feels that we have accomplished many goals (i.e. actively participate in community planning; work with the owners to identify preservation strategies and to increase the functionality of their homes; identify, anticipate and respond to the preservation). He stated ten months ago we identified the need for preservation and changes had to be made to the national guidelines that we currently had in place (City paid $115,000.00 to Mr. Gonzalez who has made significant revisions). Charles Dortch, 112 S.E. 7th Avenue #2. Delray Beach (Historic Marina District), stated he is a school teacher and feels that the historic areas are under siege both from outside and from developers wanting to make changes inside. He stated the historic districts are being "walled up" by large structures that are surrounding us. Mr. Dortch stated the people at the south end of the Marina Historic District are very unhappy and would like to secede from the Marina Historic District because of what happened. He reiterated that everything is being "walled up" and is a siege of a different kind. He stated instead of trying to tear down the city like as they did in Troy, he reiterated that the Historic Districts are being "walled up". He stated if something is not done to make changes will eventually be all over the place. Mr. Dortch stated if this is what the Commission wants then he urged the Commission to not pass the changes. -19- 03/20/07 Susan Hurlburt, 2030 Vista Del Mar, Delray Beach (speaking on behalf of the Beach Property Owners Association), she read into the record the opening paragraph from the City's web page for Planning and Zoning. She urged the Commission to support this ordinance to protect the integrity of the district. Ellen Kev, 321 S.E. 7th Avenue, Delray Beach, stated as suggested by the Commission she did her own case study (distributed copies to the Commission) for the southern end of S.E. 7th Avenue. She stated the last time she was before the Commission she expressed concern over there being a lack of 40% coverage for aone- story house and does not understand why this would not be put back in to encourage one- story houses. Mrs. Key stated when the City held the first reading of this ordinance the public was going on the version of the ordinance that was dated February 16, 2007 and stated the public did not receive the version that the Commission was voting on which was dated March 1, 2007 until the Historic Preservation Board (HPB) meeting on March 7, 2007. She stated in that version there is a huge change which covers lot coverage and now there are three criteria for lot coverage (one is 30% in the Marina District and the other one is the average lot coverage percentage in the survey area and the average footprint in the survey area). Mrs. Key briefly reviewed the case studies and urged the Commission to not support this ordinance. Chuck Kev, 321 S.E. 7th Avenue, Delray Beach, stated he and his wife have marked from the south boundary of S.E. 7t Avenue (Marina Historic District) all the way to Marina Way. He stated not one house on the Intracoastal can be built based on the new proposed LDR's. Mr. Key stated if he knew the guidelines were going to change dramatically 15 years later from the time he purchased in a historic district he would not have purchased in a district. Mr. Key stated he lives in a single story house and is surrounded by two-story houses and four-story condominiums. Christina Price, 340 S.E. 7th Avenue, Delray Beach, stated she lives in the south end of the Marina Historic District and feels that the original intent of the LDR's was to protect the quality of life and property values. She stated the LDR's will do this for some of the historic areas. She suggested that the people who will benefit from the LDR's are to get them but the people who are going to be negatively impacted by them would not get them. She stated the south end of S.E. 7th Avenue has no more historic value and feels to impose the LDR's will not recapture that but will only take away personal property rights. She stated when the City decided on the Beach Property Owners Association Guidelines they chose to treat the waterfront homes and the interior properties differently and feels the same principle should apply here. Ms. Price stated the neighborhoods within the historic districts could be treated differently and this would make a lot more people happy. Matthew Grabham, 350 S.E. 7th Avenue, Delray Beach (Marina Historic District), stated he grew up in a historic home (120 years old) and owns a 200 year old property elsewhere and noted he passionately supports historic preservation. Mr. Grabham stated the recommending Boards are saying that the ordinance is not ready yet. He stated he is not opposed to historic preservation; however, feels the ordinance needs -20- 03/20/07 more tweaking. Mr. Grahham entered a copy of a quote from the Sun-Sentinel News into the record. He urged people to not demonize the people who are opposing this particular ordinance. He urged the Commission to not pass this ordinance yet. JoAnne Peart, 107 N.W. 9th Street, Delray Beach, stated after the Design Guidelines for the downtown was applied they discovered there were some problems and consequently they were changed. She stated she would hate to see the guidelines not pass just because of the 3ra block of S.E. 7th Avenue. Ms. Peart stated these guidelines are to make an effort to make things more fair and consistent. She urged the Commission to pass this ordinance. Toni Del Fiandra, 14 North Dixie Boulevard, Delray Beach (member of the Historic Preservation Board), stated the Board discussed some issues with their Architect and he seemed to feel that this was something that was viable and set the motion to approve. She asked that the Commission give them their tools and let people get started. Andy Strangler, 115 N.E. 6th Street, Delray Beach (Del-Ida Historic District and owner of a business in Pineatrtrle Grove), supports preservation and stated we have spent a year doing this and feels we need to get it right. He urged the Commission to take another month or six weeks so that this is done right. Shannon Dawson, 527 North Swinton Avenue, Delray Beach (Del-Ida Historic District), stated she does not want to see someone go through what she had to go through with the existing COA process if they have a property that is run down or a property that is a vacant lot. She stated there are so many inconsistencies and now there is even more subjectivity. Mrs. Dawson stated in speaking with some of the architects of this city they seem unclear and it is difficult for them to interpret the LDR's. She stated REG has some great suggestions regarding the guidelines. Mrs. Dawson stated she expressed concern that people are not going to improve their property because the guidelines will be too restrictive and feels the proposed guidelines still need clarification. Craig Valvo, 325 S.E. 7th Avenue, Delray Beach, (has four different businesses in the City, expressed concern over historic preservation. He stated he is in favor of the ordinance approximately 80%; however, some of its flaws are significant. Mr. Valvo entered his case study into the record and distributed photographs to the Commission with the survey area behind it. He urged the Commission to not pass these regulations with the promise of showering the property owners with future incentives or some type of variances. Steve Harsnett, 405 S.E. 7th Avenue, Delray Beach, stated ideally it would be nice if we could look at the five districts individually because they are all unique with their own character, needs and demands. He stated the Marina Historic District is unique in that many of the homes are on the waterfront and their property land values are significantly more than some of the other historic areas. Mr. Harsnett stated he has been attending the Historic Preservation meetings, the Planning and Zoning meetings, -21- 03/20/07 and the City Commission meetings. He urged the Commission to take the extra time to evaluate the situation and do it right the first time. In his opinion, Mr. Harsnett stated to tweak the guidelines down the road is not in the best interest for the residents. Carolyn Patton, 1020 Tamarind Road, Delray Beach (uronerty owner in the Marina Historic District), supports the new LDR's on behalf of many people who have lived in the districts and have taken care of their historic homes for decades. She stated there are five large historic districts in Delray Beach and out of 500 homes and buildings only a few people are objecting to these new guidelines. She urged the Commission to pass these new guidelines for the vast majority who support them. There being no one else from the public who wished to give testimony on this item, the public hearing was closed. The City Manager stated in doing this analysis the one-story incentive was not taken into account. The one-story incentive allows you to cover up to the average lot coverage for aone-story portion of a house which in this particular lot you can cover up to 5,476 square feet since the average coverage for the surveyor is 20 percent of 27,386 square feet which gives you 5,476 square feet on the first floor and you can put at least 1,044 on the second floor. Mrs. Montague asked what happens if someone wants to expand but keep their home asingle-story. Mr. Gonzalez stated if it is a contributing house there is more flexibility because there is an additional 5% for Nassau Street than the other four neighborhoods which is 30-35% then 35%-40%. Mr. Gonzalez stated the design guidelines that he worked on last summer (2006) have not changed. He made reference to page 19 of the ordinance. Mr. Fetzer stated he sees this as an analogy between this and what happened with the new design guidelines a couple of years ago. He suggested that before this ordinance is passed on second reading, that the Commission take another step and bring together a group of our local architects and get the same kind of input in these LDR's similar to what we did on the other design guidelines. Mr. Fetzer suggested that the Commission table this ordinance until this is right. Mrs. Montague expressed concern over the Marina Historic District and stated there are very specific problems there when looking at the waterfront properties versus the west side of S.E. 7th Avenue versus the 300 block. She would like to see some language added particularly where it comes to the waterfront properties. Mrs. Montague commented about the updated survey of all five districts and stated she would like to see a survey of the Marina District immediately because she feels they are at a disadvantage. -22- 03/20/07 Mr. Levinson stated the Design Guidelines taught everyone a very good lesson that issues will come up. He stated he is distressed greatly over the Historic Preservation Board member's comments. Mr. Levinson suggested that staff bring in the local architectural community. Mr. Levinson stated he will not support it. Mayor Perlman commended the public for a great debate and commended Mr. Rick Gonzalez. Mayor Perlman stated he supports these guidelines and believes Thuy Shutt had a great idea with the environmentally sensitive issue and feels if we can build green into our codes that makes sense on many levels. Mayor Perlman stated he does not think we treat all the districts the same in this ordinance because the survey area by nature treats each district differently. Mr. Levinson stated we are very close and we have to deal with some of the issues that have been raised and see how we can improve it. Mr. Levinson moved to approve Ordinance No. 68-06 on Second and FINAL Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor Perlman -Yes; Mr. Fetzer - No; Mr. Levinson - No; Mrs. Montague - No. Said motion was DENIED with a 3 to 1 vote, Mayor Perlman dissenting. At this time, Commissioner Levinson left the dais. 10.C. ORDINANCE NO. 12-07: City initiated amendment to the Land Development Regulations (LDR), enacting Section 2.4.11, "Developer's Agreements", to allow the City to enter into Developer's Agreements, when it is in the best interest of the City. The caption of Ordinance No. 12-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY CREATING SECTION 2.4.11, "DEVELOPER'S AGREEMENTS", TO PROVIDE FOR THE USE OF DEVELOPER'S AGREEMENTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 12-07 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. - 23 - 03/20/07 The City Attorney stated this ordinance allows the City of Delray Beach to have Developer's Agreements in accordance with State Statutes. At its meeting of February 26, 2007, the Planning and Zoning Board recommended approval with a vote of 5 to 0. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 12-07, the public hearing was closed. Mr. Fetzer moved to approve Ordinance No. 12-07 on Second and FINAL Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mrs. Montague -Yes; Mayor Perlman -Yes. Said motion passed with a 3 to 0 vote. 10.D. DEVELOPER'S AGREEMENT/CANNERY ROW, LLC: Consider approval of a development agreement with Cannery Row, LLC regarding the purchase and use of the Community Facility Property and the dedication of the Park Property located in the Cannery Row Development. The City Attorney stated this is a Developer's Agreement for Cannery Row, LLC. Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission regarding the Developer's Agreement for Cannery Row, LLC, the public hearing was closed. Mrs. Montague moved to approve the Developer's Agreement with Cannery Row, LLC, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Perlman -Yes; Mr. Fetzer -Yes. Said motion passed with a 3 to 0 vote. At this point, Mr. Levinson returned to the dais and Mrs. Montague stepped away from the dais. 10.E. ORDINANCE NO. 9-07: Rezoning of a 0.78 acre parcel of land from GC (General Commercial) to Automotive Commercial for Delray Cycle, located on the east side of Dixie Highway, approximately 1,250 feet south of Gulf Stream Boulevard. (Quasi-Judicial Hearin The caption of Ordinance No. 9-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT TO -24- 03/20/07 AC (AUTOMOTIVE COMMERCIAL) DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE EAST SIDE OF DIXIE HIGHWAY, APPROXIMATELY 1,250 FEET SOUTH OF GULF STREAM BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, MARCH 2006"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. office.) (The official copy of Ordinance No. 9-07 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning project file #2006-086 and #2007-087 into the record. The City Attorney stated there will be testimony heard on the ordinance for the rezoning as well as the conditional use all in one; however, there will be separate votes. Mr. Dorling stated this property was originally annexed in 1989 and in 2001 Delray Cycle (a retail shop selling motorcycle parts and accessories) came in for a Class V approval for a motorcycle accessory shop. The facility was constructed and has been operating since. At its meeting of February 26, 2007, the Planning and Zoning Board held a public hearing in conjunction with the AC rezoning request to accommodate motorcycle sales. A conditional use request also accompanied it to do a full service auto repair and is actually a full service motorcycle repair as part of that operation. The Planning and Zoning Board considered it at their February 26, 2007 meeting and there was no public testimony for or against. Staff recommended approval of the conditional use and rezoning with a 4 to 0 vote. Mr. Dorling stated the Board recommended approval subject to the following conditions: (1) the hours of operation would be 9:00 a.m. to 6:00 p.m., and Saturday 9:00 a.m. to 3:00 p.m., (2) that there will be no outdoor sales or display of motorcycle or any materials, products, and industrial equipment sales/lease/rentaUstorage at the subject property driveways or adjacent rights of way, (3) there shall be no testing of new motorcycles or those in for repair on adjacent residential streets. -25- 03/20/07 Bradley Miller, Miller Land Planning Consultants, representing the owner, stated he is present for any questions the Commission may have and noted he does not have a formal presentation. There was no cross-examination or rebuttal. Mr. Levinson stated there was an issue with Delray Cycle for quite some time and asked if this has been dealt with effectively. In response, Mr. Dorling stated there was a problem in the past with Delray Cycle and they were cited by Code Enforcement. Mr. Dorling stated there have been no other issues. Mr. Fetzer moved to approve Ordinance No. 9-07, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Perlman -Yes; Mr. Fetzer -Yes; Mr. Levinson -Yes. Said motion passed with a 3 to 0 vote. 10.E.1 ~ CONDITIONAL USE REOUEST/DELRAY CYCLE: Consider a request to establish a full service vehicle repair facility in conjunction with the sale of motorcycles and motorcycle accessories within the AC (Automotive Commercial) District on a 0.78 acre site located at 2455 N. Old Dixie Highway, approximately 1,250 feet south of Gulf Stream Boulevard. (Quasi-Judicial Hearing) The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Levinson moved to adopt the Board Order (approving the conditional use subject to the conditions listed on page 8 of the Planning and Zoning staff report), seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. Levinson -Yes; Mayor Perlman -Yes. Said motion passed with a 3 to 0 vote. At this point, Mrs. Montague returned to the dais. 10.F. ORDINANCE NO. 10-07: Privately initiated amendment to the Land Development Regulations (LDR), Section 4.4.19, "Mixed Industrial and Commercial District", Section 4.5.15, "The I-95/CSX Railroad Corridor Overlay District"; and Article 4.7, "Family Workforce Housing", to provide regulations associated with the creation of a new Workforce Housing Overlay District. The caption of Ordinance No. 10-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.19, "MIXED INDUSTRIAL AND COMMERCIAL (MIC) DISTRICT"; ENACTING -26- 03/20/07 SECTION 4.5.15, "I-95/CSX RAILROAD CORRIDOR OVERLAY DISTRICT; AMENDING SECTIONS 4.7, FINDINGS: SECTION 4.7.1, "DEFINITIONS", SECTION 4.7.2, "APPLICABILITY", SECTION 4.7.5, "DENSITY BONUS PROGRAM FOR THE SOUTHWEST IOTx STREET OVERLAY DISTRICT", TO PROVIDE FOR THE CREATION OF A NEW WORKFORCE HOUSING OVERLAY DISTRICT; PROVIDING A SAVING CLAUSE A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. office.) (The official copy of Ordinance No. 10-07 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated the current Workforce Housing provides provisions for developers to receive density bonuses in the Southwest Neighborhood Overlay District, Carver Estates Overlay District and Infill Workforce Housing Area. The privately initiated text amendments seek to add an additional Workforce Housing Overlay District within the MIC zoning district on Depot Road, between I-95 and the CSX Railroad. The residential development would be permitted through the conditional use process within the overlay area to a maximum of 24 units per acre with a requirement of 25% of the units be workforce housing, subject to the requirements of Article 4.7, "Family/Workforce Housing." The development standards for residential development within the overlay district will be the same as within the Southwest Neighborhood and Carver Estates Overlay Districts and in the Infill Workforce Housing Area. These development standards were developed to accommodate the higher densities permitted within workforce housing overlay districts. The proposed changes are supported by Comprehensive Plan Amendment 07-1, which was adopted by the City Commission on February 6, 2007. Mr. Dorling stated this would provide a potential for an additiona178 workforce units to be constructed within the City. At its meeting of February 26, 2007, the Planning and Zoning Board held a public hearing regarding the text amendment and no one from the public spoke. The Board discussed the amendment and recommended approval with a 4 to 0 vote (Krall stepped down, Halberg and Zacks absent). Mayor Perlman declared the public hearing open. Charlie Putman (Applicant), stated he is in agreement with staff and urged the Commission to support this ordinance. -27- 03/20/07 There being no one else who wished to address the Commission regarding Ordinance No. 10-07, the public hearing was closed. Mrs. Montague moved to adopt Ordinance No. 10-07 on Second and FINAL Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Levinson -Yes; Mrs. Montague -Yes; Mayor Perlman -Yes; Mr. Fetzer - Yes. Said motion passed with a 4 to 0 vote. 10.G. RESOLUTION NO. 20-07 (FIRST READING/FIRST PUBLIC HEARINGI: Consider approval and adoption of Resolution No. 20-07 designating the area within the boundaries of the Carver Square Redevelopment area of the Community Redevelopment Agency (CRA) as a Brownfield Area for rehabilitative purposes. If passed, a second public hearing will be scheduled for April 10, 2007. The caption of Resolution No. 20-07 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE AREA WITHIN THE BOUNDARIES OF THE CARVER SQUARE REDEVELOPMENT AREA OF THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY (CRA) A BROWNFIELD AREA; AND PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 20-07 is on file in the City Clerk's Mayor Perlman declared a conflict of interest, passed the gavel to Deputy Vice Mayor Fetzer, and stepped down from the dais. Terrill Barton, Assistant City Attorney, explained this has to follow the Statute with regards to two public hearings which is the same as a zoning change would pursuant to the Florida Brownfield Manual. The City Attorney read the caption of the resolution. Deputy Vice Mayor Fetzer declared the public hearing open. There being no one from the public who wished to give testimony on this item, the public hearing was closed. Mr. Levinson moved to approve Resolution No. 20-07, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Deputy Vice Mayor Fetzer -Yes; Mr. Levinson -Yes. Said motion passed with a 3 to 0 vote. -28- 03/20/07 10.H. ORDINANCE NO. 11-07: Privately initiated amendments to the Land Development Regulations (LDR), Article 4.7, "Family Workforce Housing," Section 4.7.2, "Applicability," to allow payment of a fee to the Delray Beach Community Land Trust in lieu of providing Workforce Housing units on site in order to qualify for increased height or density in the CBD (Central Business District). office.) The caption of Ordinance No. 11-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTON 4.7.2, "APPLICABILITY" TO PROVIDE THAT A MONETARY CONTRIBUTION MAY BE MADE RATHER THAN PROVIDING WORKFORCE HOUSING; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 11-07 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Deputy Vice Mayor Fetzer declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 11-07, the public hearing was closed. Mr. Levinson moved to adopt Ordinance No. 11-07 on Second and FINAL Reading, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Deputy Vice Mayor Fetzer -Yes; Mr. Levinson -Yes; Mrs. Montague -Yes. Said motion passed with a 3 to 0 vote. At this point, Mayor Perlman returned to the dais. 10.I. ORDINANCE NO. 8-07 (SECOND READING/SECOND PUBLIC HEARINGI: City initiated amendment to the Land Development Regulations (LDR) Article 4.5 "Overlay and Environmental Management Districts", Section 4.4.9, "General Commercial District" and Section 4.4.12, "Planned Commercial District", to accommodate redevelopment at the intersection of West Atlantic Avenue and Military Trail. -29- 03/20/07 The caption of Ordinance No. 8-07 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES, BY AMENDING SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SECTION 4.4.12, "PLANNED COMMERCIAL (PC) DISTRICT"; ENACTING SECTION 4.5.14, "FOUR CORNERS OVERLAY DISTRICT", TO PROVIDE FOR THE CREATION AND IlVIPLEMENTATION OF THE FOUR CORNERS OVERLAY DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 8-07 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated this City-initiated amendment to the Land Development Regulations are being processed to further the policies in the Comprehensive Plan which call for implementation of innovative development practices and the provision of a variety of housing types including workforce housing opportunities. The Design Institute's report included recommendations that the development mass be increased at the corners and that incentives be implemented to provide mixed-use development, including workforce housing. The primary function of the overlay district is to provide for a mix of office, commercial and residential uses, including workforce housing. Office and General retail uses, including direct support services and other retail uses, would be allowed at 100% of the overall building square footage. Multifamily development, up to a maximum density of 30 units per acre, and limited to a maximum of 75% of total building square footage, is proposed. A minimum of 20% of these residential units are to be workforce housing units; are to be moderately priced units and buildings are permitted to be a maximum height of 60 feet. At its meeting of February 26, 2007, the Planning and Zoning Board considered the LDR amendments and recommended approval on a 5 to 0 vote (Paul Zacks and Chuck Halberg absent). Mayor Perlman declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 8-07, the public hearing was closed. -30- 03/20/07 Prior to the vote, Mayor Perlman thanked staff for getting this done. Mrs. Montague moved to adopt Ordinance No. 8-07 on Second and FINAL Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Levinson -Yes; Mrs. Montague -Yes; Mayor Perlman -Yes; Mr. Fetzer - Yes. Said motion passed with a 4 to 0 vote. 10.J. ORDINANCE NO. 13-07: City initiated amendment to the Land Development Regulations (LDR) Section 8.5.1, "Establishment of Public Arts Program", Subsection 8.5.1(C), "Ownership and Maintenance", and Section 8.5.2, "Public Art Advisory Board", to provide clarification as to the use of funds for the Public Arts Program. The caption of Ordinance No. 13-07 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES, BY AMENDING SECTION 8.5.1, "ESTABLISHMENT OF PUBLIC ARTS PROGRAM", SUBSECTION 8.5.1(C), "OWNERSHIP AND MAINTENANCE"; SECTION 8.5.2, "PUBLIC ART ADVISORY BOARD" TO PROVIDE CLARIFICATION AS TO THE USE OF FUNDS FOR THE PUBLIC ART PROGRAM; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 13-07 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated this is a City- initiated amendment to provide clarification that monies generated by the Public Arts Program maybe used to fund art placed on private as well as public property. At its meeting of February 26, 2007, the Planning and Zoning Board considered the text amendment and no one from the public spoke. After brief discussion the Board recommended approval with a 5 to 0 vote (Halberg and Zacks absent). Mayor Perlman declared the public hearing open. There being no one from the public who wished to address the Commission, the public hearing was closed. -31- 03/20/07 Mr. Levinson moved to adopt Ordinance No. 13-07 on Second and FINAL Reading, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Levinson -Yes; Mayor Perlman -Yes; Mr. Fetzer -Yes. Said motion passed with a 3 to 0 vote. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. 11.A. City Manager's response to prior public comments and inquiries. None. 11.B. From the Public. 11.B.1. Vincent Dole, 245 N.E. 8th Avenue, Delray Beach, thanked Mayor Perlman and Commissioner Levinson for their leadership and for making government fun for many citizens. 11.B.2. Nelson "Woodie" S. McDuffie, 2364 S.W. 35th Avenue, Delray Beach, stated he is honored to have been elected to serve on the City Commission. He stated there has been a very intense debate tonight and noted he has immense shoes to fill. Mr. McDuffie stated both Mayor Perlman and Commissioner Levinson have been a credit to the City of Delray Beach and may God bless them both. At this point, the time being 10:06 p.m., the Commission moved back to Item 9.B. of the Regular Agenda. 9.B. ~ CONDITIONAL USE EXTENSION REQUEST/MIRAFLORES DEVELOPMENT: Consider an extension request to allow for a residential development with height in excess of 48 feet (58'-4" proposed) and to allow for a density in excess of 30 units per acre (38.8 du/ac proposed) within the Central Business District (CBD), for the Miraflores Development located on the east side of SE 1St Avenue approximately 76.5 feet south of SE 1St Street. (Quasi-Judicial Hearing) Chevelle D. Nubin, City Clerk swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose their ex parte communications. Mr. Levinson, Mrs. Montague, Mayor Perlman, and Mr. Fetzer stated they all received ahand-delivery from Mr. Weiner's office. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2005-041 into the record. Mr. Dorling stated this item is to grant a conditional use extension for Miraflores which included building height in excess of 58 feet 4 inches and an increase in density of over 30 units to the acre to 38.8 units to the acre. This involves the -32- 03/20/07 construction of a 46 unit residential development on the subject property located west of the railroad tracks south of Atlantic Avenue between S.E. 2°d and S.E. 1St Street just west of the Milagro Center. The development proposal involves the demolition of four (4) single-family residences, which has already occurred, the construction of two (2) three- story townhouse structures along S.E. lst Avenue consisting of 16 townhomes and the construction of a five-story condominium building consisting of 30 units with the first level of the structure housing a 57 space parking garage as the ground floor. At its meeting of February 15, 2005, the proposed development received Conditional Use approval from the City Commission. At its meeting of May 11, 2005 the Site Plan Review and Appearance Board (SPRAB) recommended approval of a Class V site plan, landscape plan and architectural elevations. The proposal was developed under the approved Downtown Design Guidelines and they have been recently tweaked; however, they are still consistent with those design guidelines (provided more flexibility). Mr. Dorling stated they are being requested to be extended under LDR Section 2.4.4(F)(3) "No Construction" category and the LDR's require that findings be made in accordance with 2.4.4(B) and that they be evaluated pursuant to the existing Land Development Regulations. Staff recommends approval of the request for an extension of the Conditional Use approval for Miraflores. Jason Mankoff, 102 North Swinton Avenue, Delray Beach (Attorney reuresenting the Anplicantl, gave a brief overview of the project. He stated his client purchased this property in December 2005 and has every intention to move forward. Mayor Perlman stated if anyone from the public would like to speak in favor or in opposition of the conditional use extension, to please come forward at this time. There being no one from the public who wished to address the Commission regarding the conditional use extension, the public hearing was closed. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Prior to the vote, Mr. Levinson stated he hopes that subsequent Commissions will use the theory that this Commission has used over the last six months and that is if someone is subject to the new Design Guidelines the Commission has extended them. If they are not, he suggested that the new Commission be reluctant to do that. Mayor Perlman stated this is a beautiful project and he is looking forward to seeing it. Mr. Fetzer moved to approve the request for an extension of the conditional use approval for Miraflores, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Perlman -Yes; Mr. Fetzer -Yes; Mr. Levinson -Yes. Said motion passed with a 4 to 0 vote. -33- 03/20/07 9.C. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA DUE TO THE APPLICANT'S REQUEST. 9.D. CAPITAL PROJECT FINANCING NEEDS: Consider approval of the processing of FY 2007 Utility Tax Bond Issues and provide guidance on either a negotiated sale with our local underwriting firm or an Internet competitive bid sale. Joseph Safford, Finance Director, stated staff is requesting City Commission approval to continue the Bond Issue process ($40 million tax exempt bond issue and a $5 million taxable bond issue). He stated out of the $40 million, $15 million is for capital improvement projects that were approved in the Capital Improvement Plan (CIP) for this year and have yet to be funded so staff is funding it now. This includes the ESD building, City Hall, the IT building, City Hall expansion of the north wing and the Commission Chambers, the Intracoastal Park, replacement of Fire Station #4, Old School Square improvements, park improvements, and Miller Park improvements. Mr. Safford stated the remaining portion of the bond issue is for the projects that were approved by the voters in the 2004 Parks and Recreation Bond. He stated the projects in that Bond Issue were put together. in 2003/2004 and the Bond was sold in 2004 prior to the rapid increase in land and building costs in addition to being impacted by hurricane costs, etc. Mr. Safford stated $22 million in additional funds are needed to complete the fiscal year 2004 General Obligation Bond. Mr. Safford stated the City of Delray Beach has a superb reputation in the market and commented that the City's financial condition and financial statements are good. He stated they are fully aware of what is going on in the State of Florida with regard to the Tax Reform proposals and are aware of the fact that this Bond Issue has nothing to do with property taxes. Mr. Safford stated this Bond Issue has a committed revenue source of utility taxes; however, they will be concerned with what comes from the state and how it impacts the City's budget. Mr. Safford stated there was a concern expressed by the Commission regarding whether or not the City should go negotiated sale with an underwriting firm or should we go competitive. He stated in his perspective he likes to go negotiated if you have a complex issue he would recommend talking with one broker. Mr. Safford stated on a normal bond issue he would recommend a competitive basis. He stated there was no basic difference in the rates and if the Commission has a preference he would seek the approval of one method or the other. Mr. Safford stated the City is currently spending the utility tax monies on operations and now the City is going to take them out of operations and spend them for debt service. Therefore, Mr. Safford stated you have to make up that money and the only place to make up that money is ad valorem operating millage. Mr. Levinson stated he received a spreadsheet from the City Manager with regard to the status of the Parks and Recreation Bond projects. He suggested that the City go negotiated sale, that staff take a look at some of these projects (i.e. City Hall expansion, Fire Station #4, etc.) and consider delaying them a year. -34- 03/20/07 Mrs. Montague asked how quickly staff is looking into doing this and inquired about the change orders. In response, Mr. Safford stated most of these costs are locked in because they are awarded contracts with the exception of the Fire Station, Miller Park, and City Hall. Mayor Perlman expressed concern over the timing of this. He feels it is very difficult to ignore what is going on in the political climate in Tallahassee. Mayor Perlman stated we have to make some tough choices on shifting some capital priorities. He stated he is very uncomfortable about adding on this level of debt with this being his last meeting and also saddling the next Commission particularly when he does not know what the revenue stream is going to be next year. He spoke about the responsibility of making a decision of this magnitude not knowing what the City's cash flow will be next year. Mr. Safford expressed concern that he has to meet with the rating agencies next week on this bond and if they see that the Commission has deferred it because of their concerns of what is going to happen at the state that could have an impact on the rating agencies and how they rate this bond and it could increase the interest rates on the bond and will impact the costs. He stated the City has to take out the temporary debt and pay for it with this full time. debt. Mayor Perlman stated trying to be prudent financially is going to affect the City's bond ratings. Mr. Safford stated it is not that they are faulting the City for being prudent but are faulting the City because now by pledging a revenue source we are not concerned about what the State is going to do to the City of Delray Beach until it happens next year. Mr. Safford stated the City has to pay the bills and noted there are construction invoices that need to be paid which need to be paid with temporary lines of credit or permanent financing. Mr. Safford stated in most cases these are projects that have been approved by the City Commission and in some cases staff had to go out on temporary loans to keep the bills paid and replace the temporary loans with permanent financing. Mayor Perlman suggested that staff review the entire Capital Improvement Plan (CIl') and look at projects that we can defer and do so that we do not have to borrow $41 million. He stated he is not prepared to support this because we do not know what our cash flow will be next year. Mayor Perlman stated there are three labor contracts forthcoming next year and the revenue will be flat or declining. Mr. Safford stated staff is only requesting to proceed with the bond resolutions which will be presented in April. Mr. Levinson moved to approve to proceed with the fiscal year 2007 Utility Tax Bond issues ($40,579,575 Utility Tax Bond -non-taxable and a $5 million Utility Tax Bond -taxable) and that it is a negotiated sale with a broker for terms and conditions, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mayor Perlman - No; Mr. Fetzer -Yes; Mr. Levinson -Yes; Mrs. Montague - Yes. Said motion passed with a 3 to 1 vote, Mayor Perlman dissenting. -35- 03/20/07 9.E. RESOLUTION NO. 23-07/FLORIDA DEPARTMENT OF TRANSPORTATION: Consider approval of Resolution No. 23-07 requesting the Florida Department of Transportation (FDOT) to consider alternative designs to allow the construction of a sidewalk as well as landscaping between the proposed sidewalk and existing walls located along SR AlA in the City limits of Delray Beach. The caption of Resolution No. 23-07 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REQUESTING THE FLORIDA DEPARTMENT OF TRANSPORTAION CONSIDER ALTERNATIVE DESIGNS TO ALLOW THE CONSTRUCTION OF A SIDEWALK AS WELL AS LANDSCAPING BETWEEN THE PROPOSED SIDEWALK AND EXISTING WALLS LOCATED ALONG STATE ROAD AlA; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 23-07 is on file in the City Clerk's office.) The City Attorney stated this is a resolution seeking to have landscaping between the existing walls and the streetscape along A-1-A. Mr. Levinson moved to approve Resolution No. 23-07, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Levinson - Yes; Mrs. Montague -Yes; Mayor Perlman -Yes. Said motion passed with a 4 to 0 vote. 9.F. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint one (1) regular member to the Civil Service Board for a two (2) year term ending April 1, 2009. Based upon the rotation system, the appointment will be made by Commissioner Montague (Seat #4). Mrs. Montague moved to appoint Eric Luckman as a regular member to the Civil Service Board for a two (2) year term ending April 1, 2009, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Levinson -Yes; Mrs. Montague -Yes; Mayor Perlman -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. 9.G. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one (1) alternate member to the Code Enforcement Board for an unexpired term ending January 14, 2010. Based upon the rotation system, the appointment will be made by Commissioner Montague (Seat #4). -36- 03/20/07 Mrs. Montague moved to appoint George Thacker as an alternate member to the Code Enforcement Board for an unexpired term ending January 14, 2010, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Perlman -Yes; Mr. Fetzer -Yes; Mr. Levinson -Yes. Said motion passed with a 4 to 0 vote. 9.H. OFFICIAL MUNICIPAL ELECTION RESULTS: Canvass the returns, and declare the official results of the March 13, 2007 First Nonpartisan Election. The City Attorney stated there has been a modification to the Election results. Gary Eliopoulos has 2,807 votes; Tom Stanley 1,704 votes; Rita Ellis (seat for Mayor) has 3,270 votes; Virginia Snyder 1,249 votes. Mr. Levinson moved to approve these amended and official election results of the March 13, 2007 First Nonpartisan Election declaring the winner to be Gary Eliopoulos for Seat #1 and Rita Ellis for Seat #5, seconded by Mrs. Montague. Upon roll call the Commission voted as follows: Mrs. Montague -Yes; Mayor Perlman -Yes; Mr. Fetzer -Yes; Mr. Levinson -Yes. Said motion passed with a 4 to 0 vote. 12. FIRST READINGS: NONE At this point, the Commission .moved to Item 13, Comments and Inquiries on Non-Agenda Items. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager stated with regard to the Palm Beach County League of Cities, there was $5,250.00 left over from the Citizens Protecting Rights PAC (Political Action Committee) with regard to annexation issue. The Board voted to give these funds to the new Let Us Vote PAC to support the proposed amendment to the County Charter. Secondly, the City Manager stated the League of Cities Installation Banquet is scheduled for June 2, 2007. 13.B. City Attorney The City Attorney had no comments or inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. Fetzer -37- 03/20/07 luck. Mr. Fetzer wished Mayor Perlman and Commissioner Levinson the best of 13.C.2. Mrs. Montague Mrs. Montague commented about the interview of Carolyn Holder done by CBS staff and stated it is video streamed. Secondly, she commended Rita Ellis for having her volunteers pick up all of the signs regardless of whose name was on the sign. Mrs. Montague stated she attended the funeral for Rhonda Williams Young and it was extremely well attended. Lastly, Mrs. Montague stated she will miss Mayor Perlman and Commissioner Levinson. 13.C.3. Mr. Levinson Mr. Levinson commented about Item 9.C. (Agreement/Wi-Fi Services/Delray Beach Wi-Fi, Inc.) and stated it is disappointing that we could not get something like this through the City. Secondly, he stated he received an email from Dale Morrison and commented that the Delray Beach Hot Shots beat Wellington and are ranked 18th in the country for soccer. Mr. Levinson stated he is sorry to hear about the passing of Carolyn Holder's father as well as Rhonda Williams Young. He expressed his condolences to their families. He stated he had the opportunity to meet the Brazilian Ambassador to the United States for the Delray Beach Film Festival. Mr. Levinson stated the restaurateurs stated they did see the impact from the Film Festival. Mr. Levinson stated he had lunch with the staffs of the organizations from the recipient groups of the Roast. He stated it was a good event for Delray Beach. He stated it has been a pleasure being on the City Commission and also being Commissioner Fetzer's neighbor for 23 years. well attended. Lastly, Mr. Levinson stated the Police Volunteer Luncheon was extremely -38- 03/20/07 13.C.4. Manor Perlman Mayor Perlman stated the Carolyn Holder interview on CBS was terrific. He stated she has done a great job of raising awareness through her church, the community, and now nationwide for colon cancer screening. Secondly, Mayor Perlman stated he spent Friday evening attending various viewings including Carolyn's father and Rhonda Williams Young. He stated Rhonda took ill the evening of the Roast. Mayor Perlman stated she ended up in the hospital and then passed away. He stated she will be sorely missed throughout Delray Beach. He stated he has been under the weather and unfortunately missed last week's Literacy Luncheon. Mayor Perlman stated the City of Delray Beach received an award at the luncheon for the Get Caught Reading Initiative. Mayor Perlman stated he spoke to Rita Ellis this evening who is ill and she asked him to pass along her regards. There being no further business, Mayor Perlman declared the meeting adjourned at 11:07 p.m. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on March 20, 2007, which Minutes were formally approved and adopted by the City Commission on City Clerk -39- 03/20/07 NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. -40- 03/20/07 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC. OFFLCERS LAST NAME-FIRSTNAME-MIODI.E NAME NAME OF BOARD. pOUNCIL, COMMISSION. AUT}IpFilTy. pR Ct~AITTEE Perlman, Jeffrey L. Delray-Beach City Commission MAILING ADDRESS THE BOARD. COUNCIL, COMMISSION. AU17iORn'Y OR CAMMRTEE ON' 971 Delray Lakes Drive VYHICHISERVEISAUNITOF: ~TM ~ COUNTY ~~ a couNnr o on~R cOC,AL AGENCY Delia ..Beach .Florida 33444 Palm Beach w~nnEOF~oLmcALSUeDIVISroN: DATE ON WHICH VOTE OCCURRED March. 20, 2007 _ MYPOSmoNLS: - ~ EI-EVE U APPOINFIVE ;, , WHO MUST FILE FORM 8B This forth is for use by any person serving at the county, qty, or other local level of government on an appointed or elected board, counal, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who. are presented with a voting. conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For thin reason,.. please pay dose attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATI~TES A person holding elective or appointive county, municlpal; or other local public office MUST ABSTAIN from voting on a measure which inures to his or her speclal private gain: or loss, Each elected or appointed local officer also is prohibited from knowingly wofirig on a mea- sure which inures to the spedal gain or-loss of a principal (other than a government agency) by whom he or she is retained (i~duding the .parent organization or subsidiary of a .corporate principal by vkhich he or-she is retained); to the: special private gain or loss :of'a relative; or to the speaal private gain or loss of a business associate..Commissioners of community redevelopment agencies under Sec:° 163:356. or 163.357, F.S., and officers of independent speclal tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative' includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, .mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation 'are not listed on any national or regional stock exchange). • f f f f f f f f f f f f f f ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE,000URS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes.- . f f f ~ f f • f f APPOINTED OFFICERS: Aflhough you must abstain from voting in the situations described above, you otherwise may particlpate in these matters. However, you must. disclose the nature of the conflict before making any attempt to influence the declsion, whether orally or in writing and whether made by you w at your direction: IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL.. BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the fonn in the minutes. (Continued on other side) ~~ ..~ . v..n. vv - err. ucvw ITEM 9 . A PAGE ~ . .. APPOINTED .OFi:ICERS ~contilnued~ ~ "~ ~" • d. flf.f~~ form must've prowd~d immediately to the otttiet members cA the" agency. • The form must be read publicly at;the next meetipg after the form is filed. _. _ __ .. IF YOU MAKE NO=ATTEMPT~TO INFLU~IEE THE DECISION ~3CCEPT BY DISCUSSION AT THE MEETING: ~. . • You must; ~,isdo~e :orally: the nature of your_nonflict_in the measure before participating. .. .. • You must complete the forth and file it within 15 days after fhe vote, oa;urs wntli-tMe Rersc~ri ~esponsiisle foc n~oording. the minutes ofthe . meeting, who must incorporate the forth in the- minutes. A:tQpy of the forth must be provided immediately to the other members of the agency, and the=forth must be read publicly ai 1he next meeting after the, forth is filed. 3/20/07 ,_ _ ,A~ Date Filed NOTICE:. UNDER PROVISIONS QF FLQRIDA STATUTES §112,317, A FAILURE TO MAKE ANY REQUIREQ DIS.CLO.SURE.: CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENTr REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY,. REPRIMAND, OR A CIVIL PENALTY NOT'70 EXCEED $10,000. CE FORM $B - EEF. 1/2000 PAGE 2 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This appeal of the denial of a Certificate of Appropriateness for additions and alterations and renovation to the existing structure located at 24 N. Swinton and the relocation of a structure at 24 N. Swinton to 20 N. Swinton Avenue has come before the City Commission on March 20, 2007. 2. The Appellants, Appellee and City staff presented documentary evidence and testimony to the City Commission pertaining to the appeal of the denial of the certificate of appropriateness for additions and alterations and renovation to the existing structure located at 24 N. Swinton and the relocation of a structure at 24 N. Swinton to 20 N. Swinton Avenue. All of the evidence is part of the record in this case. Required findings are made in accordance with Subsections I, II and III. I. LDR REQUIREMENTS a. LDR Section 4.5.1(E)(3), 4.5.1(E)(4), 4.5.1(E)(5) and 4.5.1(E)(8)(a-k), "Development Standards" provides guidelines in evaluating Certificates of Appropriateness for the alteration or addition of exterior architectural features Have the guidelines for LDR Section 4.5.1(E)(3) been met? Yes 3 No 0 Have the guidelines for LDR Section 4.5.1(E)(4) been met? Yes 3 No 0 Have the guidelines for LDR Section 4.5.1(E)(5) been met? Yes 2 No 1 Have the guidelines for LDR Section 4.5.1(E)(8)(a-k) been met? Yes 2 No 1 Hem Q . A Have the overall objectives of the LDR's been met? Yes 2 No 1 11. DELRAY BEACH HISTORIC PRESERVATION DESIGN GUIDELINES: The Delray Beach Historic Preservation Design Guidelines suggest the following which apply with respect to the subject application: • Locate an addition as inconspicuously as possible, usually to the rear or least public side of a building. • In a historic district, consider the surrounding buildings and the compatibility of the addition in terms of size, scale, materials, mass and roof form. • Do not introduce a new architectural style, or too closely mimic the style of the existing building. Additions should be simply and cleanly designed and NOT attempt to replicate the original design. • In order for a property to convey its historic significance, it must possess integrity of location, feeling, design, setting, materials, workmanship and association. • Integrity is an important element in satisfying the integrity requirement. • If a property is moved, it may lose its historic significance unless it can be demonstrated that: • The property was moved prior to its period of significance; • The new location is sufficient in size and character to recall the basic qualities of the original historic environment and setting; • The property is oriented appropriately in relationship to its historic natural and/or manmade surroundings, and; • The relationship between such historic features as landscaping and foundation are maintained. • Relocation of buildings is recommended only a last resort, when there are no other preservation alternatives and the destruction of the historic property at its present location is imminent. Have the overall objectives of the Delray Beach Historic Preservation Design Guidelines been met? Yes 2 No 1 2 III. THE SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION: The Secretary of the Interior's Standards for Rehabilitation recommend: A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment. (Standard 1) Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken. (Standard 3) Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved. (Standard 4) New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. (Standard 9) New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. (Standard 10) Have the overall objectives of the Secretary of the Interior's Standards for Rehabilitation been met? Yes 2 _. No 1 3. The City Commission has applied the LDR requirements in existence at the time the original site plan was submitted. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 3 R 5. Based on the entire record before it, the City Commission votes 2-1 which is insufficient to approve the appeal under the City Charter. The City Charter requires 3 affirmative votes to take any action; therefore, the vote results in no action and the Historic Preservation Board decision to deny the COA stands. The City Commission adopts this Order this 20~h day of March, 2007, by a vote of 3 in favor and 0 opposed. ATTEST: ~~• > Chevelle Nubin City Clerk Je a n, Mayor 4 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA EXTENSION REQUEST FOR CONDITIONAL USE APPROVALS GRANTED TO THE MIRAFLORES DEVELOPMENT FOR HEIGHT AND DENSITY ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The above named conditional use extension request has come before the City Commission on March 20, 2007. 2. This conditional use extension request comports with the future land use element, is concurrent with the Comprehensive Plan and is consistent with the goals, policies and objectives of the City's Comprehensive Plan. 3. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use extension request for the Miraflores Development. All of the evidence is a part of the record in this case. Required findings are made in accordance with LDR Section 2.4.4(F)(1) and (F)(3). 4. Section 2.4.4(F)(1) requires certain preliminary requirements to be met, such as: A written request submitted at least 45 days prior to the expiration date; The request must set forth the basis and reason for the extension; The request must be considered by the same body that granted the approval; The extension, if granted, shall be for a term of 18 months unless otherwise stated. Have the preliminary requirements of Section 2.4.4(F)(1) been met? Yes 4 No 0 5. In making a determination under LDR Section 2.4.4(F)(3) the Commission shall consider the following: (a) The project shall be evaluated pursuant to the land development regulations in effect at the time of consideration of the extension request and shall comply with such current requirements; (b) Additional submittal information including a new application and copies of previously submittal material may be required; ~~em 9~ B (c) The granting body must make findings pursuant to 2.4.4(B); (d) The granting body may impose additional conditions of approval pursuant to 2.4.4(C) to insure compliance with any applicable changes to regulations or changes in circumstances which have occurred since the previous approval. Have the requirements of Section 2.4.4(F)(3) been met? Yes 4 No 0 6. The comments and notes set forth in the staff report are hereby incorporated herein. 7. The City Commission has applied the LDR requirements in existence at the time the conditional use extension request was submitted. 8. 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,. 9. Based on the entire record before it, the City Commission approves X denies the conditional use extension request to allow the previous conditional use approval to be valid until February 15, 2009. The City Commission hereby adopts this Order this 20th day of March, 2007, by a vote 4 i f or nd 0 opposed. e rl an, Mayor ATTEST: Chevelle Nubin ` City Clerk 2 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR DELRAY CYCLE ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request has come before the City Commission on March 20, 2007. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for Delray Cycle. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections 1 and II. I. COMPREHENSIVE PLAN a. Comprehensive Plan -Future Land Use and Map: Is the future use and intensity of the development consistent with the future land use map and comprehensive plan and is it appropriate in terms of soil, topographic, and other applicable physical considerations, complementary to adjacent land uses, and fulfills remaining land use needs? Yes 3 No 0 b. Concurrence: Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes 3 No 0 lp.~.~ II. LDR REQUIREMENTS: a. LDR Section 2.4.5(E) Required Findings: (Conditional Use): Pursuant to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not: i. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; ii. Hinder development or redevelopment of nearby properties. Will Section 2.4.5(E)(5) be met? Yes 3 No 0 3. The comments and notes set forth in the staff report are hereby incorporated herein. 4. The City Comii*,ission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use request was submitted. 5. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 6. Based on the entire record before it, the City Commission approves X denies the conditional use which includes all applicable conditions in the Staff Report including but not limited to limiting operating hours to Monday through Friday from 9:00 a. m. to fi:00 p.m. and Saturday from 9:00 a.m. to 3:00 p.m., no outdoor sales or display of motorcycles or any materials, products, and industrial equipment or sales/lease/rental/storage at the subject property, on driveways or adjacent rights-of- way, and there shall be no testing of new motorcycles or those in for repair on adjacent residential streets. 2 The City Commission hereby adopts this Order this 20th day of March, 2007, by a Chevelle Nubin City Clerk 3 a FORM 8B MEMORANDUM OF VOTING CONFLICT FOB COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST NAME~IRST NAME--MIODI.E NAME Perlman Jeffre L NAME OF BOARD, COUNCIL, (~MMISSION, AUTHORITY, OR CpMMITTEE D l h , y . e ray Beac City Commission MAILING ADDRESS THE. BOARD. COUNCIL, OOMMISSI~J, AUTHORITY OR COMMRT7`E ON - 971 Delray Lakes Drive VNtICHISERVEISAUNIroF: CrrY COUNTY ~ ~pTY O COUNTY- O OTHER COCACAGENCY De.lra :Beach Florida 33444 Palm Beach wuprEOFPa1TIICALSUeonnsloN: DATE ON WHICH VOTE OCCURRED March 20, 2007 ~~ON~' ~ ELECTIVE O APPOINTIVE - . WHO MUST FILE-FORM 8B This form is for use by any person serving at the county, dty, or other local level of government on an appointed or elected board, coundl, commission, authority, or committee. It applies equally to members of advisory and. non-advisory bodies who are presented with, a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in.which you have a conflict of interest will va-ry. greatly depending on whether you hold an elective or appointive position. For this. reason,. please pay dose attention to the instructions on this forth before completing the reverse side and fiNng the form. _ _ - INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3443, FLORIDA STATI~TES :. A person holding elective or appointive county, municlpal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her spedal private gain or loss. Each. elected or appointed local~afficer also: is prohibited from knowirsgiytivoting on a mea- sure which inures to the spedal gain or-loss of a prindpal (other than a government agency) by whom he or she is retained; (inducting the .parent organization. or subsidiary of a corporate principal by which,he orshe is retained); to the special private gain. ocloss :of a relative; or to the speaal private gain or loss of a business associate. Commissioners of community redevelopment agendes under Sec: 163:356.or 163.357, F.S., and officers of independent spedal tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capadty. For purposes of this law, a `relative' includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-iMaw. A "business assocate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation 'are not listed on any national or regional stock exchange). f f f t • f • • • • t • • • f f ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. • • f • • f f ~ • f t f f • • • ". APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may particlpate in these matters. However, you must disclose-the nature of the conflict before making any attdmpt to influence the declsion, whether orally or in writing and whether made by you or at your diredian. 1F YOU INTENO TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this forrn (before making any attempt to influence the declsion) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. {Continued on other side) GE FORM 86 - EFF. 112000 ITEM 10 . G PAGE 1 APPOINT~#y OFFiCE:RS (cQntnued~ . , - ~ ~ ~~ ; • A oa~pyr,of the torin~nwst:be provided immediately to the other members of the agency. • The forrnmust be read publicly at,the next meeting, after the: fcirm is filed. - _ _ ., IF YOU MAIFE NO=ATTEMPT TO INFLUHNEE THE UECISiON F3CCEPT BY DISCUSSION AT THE MEETING: • You musk.disdo$e-a~rally~the nature of yourc~onflid in the measure before particlpating.: - - .:, _>.. • You must complete the form and file it wdhin 1 S days after the vote, occurs with`the person responsible for recording the,minutes of_the `- meefing, who must incorporate the form in the minutes. A:popy Qf ttte form must be provided immediately to the other members of the agency, and the=form must be read publicly af'the next meeting after the form is filed. - DISCLOSURE OE.yLOCAL OFFLCER'S .INTEREST NOi'ICE UNDER PROVISIONS OF FLQRIDA ~STATUTE$ §1.12.317,. A FAILURE TO MAKE. ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:. IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION. IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 88 - EFF. 112000 PAGE 2 APRIL 3, 2007 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Rita Ellis in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, Apri13, 2007. 1. Roll call showed: Present - Commissioner Gary Eliopoulos Commissioner Fred Fetzer Commissioner Woodie McDuffie Mayor Rita Ellis Absent - Commissioner Brenda Montague Also present were - David T. Harden, City Manager Susan A. Ruby, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Kathleen Gannon with St. Paul's Episcopal Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mr. McDuffie requested that Item 8.D., Change Order No. S/Duraclean D/B/A the Principle Group, LLC, of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A. Mr. Fetzer moved to approve the Agenda as amended, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. 5. APPROVAL OF MINUTES: Mr. Eliopoulos moved to approve the Minutes of the Organizational Meeting of March 29, 2007, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. 6. PROCLAMATIONS: 6.A. National Public Works Week - May 20-26, 2007 04/03/07 Mayor Ellis read and presented a proclamation hereby proclaiming the week of May 20 through May 26, 2007 as National Public Works Week in Delray Beach, Florida. Richard Hasko, Director of Environmental Services, came forward to accept the proclamation and gave a few brief comments. 6.B. Delray Beach Medical Center Day -April 3, 2007 Mayor Ellis read and presented a proclamation hereby proclaiming April 3, 2007 as Delray Medical Center Day. Robert Kreiger, CEO of Delray Beach Medical Center, came forward to accept the proclamation and gave a few brief comments. 7. PRESENTATIONS: 7.A. NONE 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. FINAL SUBDIVISION PLAT/GRAMERCY SQUARE -PLAT II: Approve the subdivision plat for Gramercy Square -Plat II, a 57 unit, townhome development located on the west side of Military Trail, approximately 700' south of West Atlantic Avenue. 8.B. REQUEST FOR SIDEWALK DEFERRAL/855 SOUTH OCEAN BOULEVARD: Approve a request to defer the installation of a sidewalk in front of 855 South Ocean Boulevard. 8.C. HOLD HARMLESS AGREEMENT/2492 S CORAL TRACE CIRCLE: Approve and accept a hold harmless agreement to allow the property owner to install a fence across the existing right-of--way, along the west, south and east property lines, located at 2492 S Coral Trace Circle. 8.D. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.E. SERVICE AUTHORIZATION NO. 1.4/CH2M HILL, INC.: Approve Service Authorization No. 1.4 (Amendment 4 to Service Authorization No. 1) to CH2M Hill, Inc. in the amount of $7,500.00 for professional services for meeting with the Florida Department of Environmental Protection (FDEP) and Palm Beach County Health Department (PBCHD) regarding re-permitting the Aquifer Storage and Recovery Well. Funding is available from 442-5178-536-46.90 (Water/Sewer Renewal & Replacement Fund/Other Repair & Maintenance Costs). -2- 04/03/07 8.F. FUNDING AGREEMENT/PALM BEACH COUNTY/DELRAY BEACH STEP TEAM COMPETITION: Approve and accept an agreement between the City and Palm Beach County to allow the Recreation Assistance Program (RAP) District 7 to reimburse the City in an amount up to $4,000.00 for the Delray Beach Step Team Competition for eligible expenses incurred within the time frame of January 1, 2007 through May 25, 2007. 8.G. FUNDING AGREEMENT/PALM BEACH COUNTY/2007 INVITATIONAL FRIENDSHIP TOURNAMENT: Approve and accept an agreement between the City and Palm Beach County to allow the Recreation Assistance Program (RAP) District 7 to reimburse the City in an amount up to $5,000.00 for the 2007 Invitational Friendship Tournament for eligible expenses incurred within the time frame of May 1, 2007 and June 30, 2007. The City will host this baseball and softball tournament on May 25 to May 27, 2007 at Pompey Park in conjunction with the Delray Beach American Little League. 8.H. SPECIAL EVENT REQUEST/2007 EXCLUSIVE SPORTS MARKETING VOLLEYBALL TOURNAMENT: Approve a request from Exclusive Sports Marketing for the 2007 Exclusive Sports Marketing Volleyball Tournament to be held at the municipal beach on May 5 and May 6, 2007 subject to receipt of revised insurance certificate. 8_I. HOUSING REHABILITATION GRANT/CONTRACT AWARDS: Approve two (2) Housing Rehabilitation grant/contract awards through the Community Development Division in the amount of $30,303.00 to Craftsman Plus for 704 SW Stn Court, and in the amount of $36,188.25 to Sun Band Builders Construction, Inc. for 917 SW 3rd Court. Funding is available from 118-1963-554-49.19 (Community Development Fund/Housing Rehabilitation). 8_J. AGREEMENT/NAVARRO SECURITY GROUP: Approve a six (6) month agreement with Navarro Security Group in an estimated cost of $22,048.00 for security services at Pompey Park from April 1, 2007 to September 30, 2007. Funding is available from 001-4127-572-31.90 (General Fund/Other Professional Services). 8.K. AMENDMENT/OFF SITE PARKING AGREEMENT: Approve an amendment to the Off Site Parking Agreement between the City, 60 %2 LLC and DHBH Atlantic LLC associated with the preliminary/final DHBH #1 Plat. The amendment is due to the discovery of an extra parking space on one of the parcels subject to the agreement. 8.L. AWARD OF BIDS AND CONTRACTS: 1. Purchase award to Chaz Equipment Company, Inc. in the amount of $25,000.00 for Sanitary Sewer Manhole Rehabilitation under the terms and conditions of the current annual contract. Funding is available from 442-5178-536-63.82 (Water/Sewer Renewal & -3- 04/03/07 Replacement Fund/Sanitary Sewer Manhole Rehabilitation). 2. Contract award to Hartzell Construction, Inc. in the amount of $24,565.00 for the exterior and interior renovation of the concession stand building at the old Atlantic High School. Funding is available from 001-4149-572-63.40 (General Fund/Recreation Improvements). 3. Purchase award to Line-Tec, Inc. in the amount of $25,000.00 via the City of Boynton Beach, Bid #027-2821-07/JA for the Water Service Relocation Program. Funding is available from 442-5178- 536-65.17 (Water/Sewer Renewal & Replacement FundlWater Service Relocations). 4. Contract award to South Florida Construction Services, Inc. in the amount of $24,920.00 for Fire Station #3 Officer Quarters Remodeling Project. Funding is available from 001-2311-522- 62.10 (General Fund/Buildings). 5. Contract award to Sports Turf One, Inc. in the amount of $37,610.33 for the renovation of the south athletic field of the former Atlantic High School football field. Funding is available from 380-4150-572-63.49 (2004 G.O. Bond/Improvements Other/Soccer Complex). 6. Purchase award to Wesco Turf Supply, Inc. in the amount of $31,396.18 for the purchase of two (2) Model #30361 Toro Groundsmaster 7200 Heavy Duty Zero Turn Mowers with 72" Recycler Deck via the Florida State Contract #515-630-06-1 for the Parks and Recreation Department. Funding is available from 501-3312-591-64.20 (Central Garage Fund/Automotive). 7. Purchase award to Duval Ford in the amount of $107,029.00 via the Florida Sheriff's Association Contract #06-14-0821 for the purchase of four (4) vehicles for various departments. Funding is available from 501-3312-591-64.20 (Central Garage Fund/Automotive). 8. Purchase award to Metron-Farmer, L.L.C. in the amount of $34,492.77 for the purchase of 39 refurbished 3" Spectrum 175 Water Meters. Funding is available from 442-5178-536-61.81 (Water/Sewer Renewal & Replacement Fund/Water Meter Replacement Program). 9. Purchase award to Zoll Medical Corporation in the amount of $26,184.00 for one (1) Zoll E Series Defibrillator/Monitor. Funding is available from 001-2315-526-64.90 (General Fund/Other Machinery/Equipment). -4- 04/03/07 Mr. Fetzer moved to approve the Consent Agenda as amended, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote. 9. REGULAR AGENDA: 9.A.A. CHANGE ORDER NO. 5/DURACLEAN D/B/A THE PRINCIPLE GROUP, LLC: Approve Change Order No. 5 to the original contract in the amount of $9,454.31 to Duraclean d/b/a The Principle Group, LLC for additional water damage and microbial remediation at the Municipal Golf Course Clubhouse. Funding is available from 551-1575-591-45.50 (Business Insurance Fund/Property Claims). Richard Hasko, Director of Environmental Services, stated this is a change order for continuing mold remediation of water damage at the golf course. Prior to the vote, Mr. Eliopoulos asked how it normally works with the consultant and asked if the consultant recommends certain qualified contractors to do this work or does this go out to a regular bid. Mr. Hasko stated the consultant gave the City of Delray Beach a list of 3 or 4 qualified consultants that have the appropriate credentials and licenses to do the remediation and on the basis of what the consultant provided staff solicited quotes for the initial contract. Mr. McDuffie moved to approve Change Order No. 5 to Duraclean D/B/A The Principle Group, LLC for additional water damage and microbial remediation at the Municipal Golf Course Clubhouse, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote. 9.A. CONDITIONAL USE REQUEST/JAY PUTNAM ENTERPRISES: Consider a request to establish a vehicle services and repair shop in conjunction with the manufacturing of automotive parts for Jay Putnam Enterprises. The facility is to be located in two bays (Bays 5 and 6) totaling 1,800 square foot in the central portion of the existing Depot Warehouse Building located at 1700 Depot Avenue. (Quasi-Judicial Hearing) Mayor Ellis read into the record the City of Delray Beach procedures for a Quasi-Judicial Hearing for this item and all subsequent items. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Ellis asked the .Commission to disclose their ex parte communications. Mr. McDuffie and Mr. Eliopoulos both stated they saw this item when they were members on the Planning and Zoning Board. Mr. Fetzer and Mayor Ellis stated they had no ex parte communications to disclose. -5- 04/03/07 Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2007-061 into the record. Mr. Dorling stated this is a 0.85 acre parcel that contains an existing 12, 403 square foot warehouse. The Depot Warehouse contains seven (7) bays occupied by five (5) tenants. The applicant, Jay Putnam Enterprises, rents two (2) combined bays for purposes of manufacturing parts and associated components of Porsche race car vehicles. Mr. Putnam is now seeking to expand the use to include service and repair of Porsche vehicles. The vehicle service and repair use requires conditional use approval in the MIC zoning district. The business will occupy 1,800 square feet within two bays (Bays 5 & 6) in the central portion of the existing building. Business hours will be Monday through Friday, 8:00 a.m. to 5:00 p.m. There will be one employee and no customer waiting area. All vehicles will be dropped off and all vehicle storage will be retained inside the two bays for security purposes overnight. During the day, vehicles requiring repair will also be stored within internal bays. Additional outside parking spaces are also being provided. At its meeting of March 19, 2007, the Planning and Zoning Board held a public hearing in conjunction with review of the request. The owner of the Depot Warehouse and a prior customer of Jay Putnam Enterprises spoke on the item. After discussing the proposal, the Board voted 7 to 0 to recommend approval of the Conditional Use request subject to the four (4) conditions as outlined on page 2 of the City Commission documentation. Mr. Dorling stated the Planning and Zoning Board did not require a fourth condition recommended by staff which included processing of a Class I site plan modification application for approval of the existing billboard on the southern end of the property and related modification of the affected parking. Upon further research, staff confirmed that the billboard sign was permitted. However, a Class I site plan modification should be processed to note these parking modifications and related landscaping improvements and the location of an approved billboard (located on the south end of this property). Mr. Dorling stated this did get a permit but did not go through any site plan approval. Staff is requesting that this be added as a Class I site plan modification that can be approved administratively. Jav Putnam, 326 N.W. 6th Avenue, Delrav Beach (Jav Putnam Enterprises), stated he is present for any questions the Commission may have. Mayor Ellis stated if anyone from the public would like to speak in favor or in opposition of the Conditional Use request, to please come forward at this time. Chuck >EIalberg, 4870 S. Classical Boulevard, Delrav Beach (member of the Planning and Zoning Board), stated the reasons of the Planning .and Zoning Board behind the billboard and the landscaping is that this really should have been handled through Code Enforcement. Mr. Halberg stated to place this cost on someone who is renting the space he did not believe is fair and commented that the owner of the facility should be handling that separately. -6- 04/03/07 John Toen, 43 Lake Eden Drive, Boynton Beach, stated approximately six months ago he had trouble with his Porsche and could not find anyone to remedy the problem. Mr. Toen stated he found Jay Putnam's advertisement in a Porsche Magazine and stated Mr. Putnam is very professional and rectified all his problems. There being no one else from the public who wished to give testimony on this item, the public hearing was closed. Mr. Dorling stated when staff applies conditions like this to a conditional use it is usually not the intent to straddle the lessee with that. The assumption is that if the lessee wants to lease this property, he would go back to the property owner and the property owner would take the responsibility for the property. Mr. Dorling stated they do not envision that this applicant bear that cost. The owner needs to know that if they do not work it out then the Code Enforcement division will make it happen. Mr. McDuffie stated having been on the Planning and Zoning Board when this item came before them, they felt it was somewhat egregious to require a lessee to go through a Class I site plan modification. Mr. Dorling stated the Class I modification would be for the overall site so it would be appropriate for the owner to submit it as a minor fee and administratively approved. Mr. Eliopoulos asked if the applicant will have to wait on the owner getting everything approved first. In response, Mr. Dorling stated as part of this the owner will need to show where he is going to provide his parking. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Fetzer moved to adopt the Board Order subject to the four (4) conditions of approval as listed on page two of the staff report, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. 9.B. WAIVER REQUEST/LOT DIMENSION: Consider a request for waiver of Land Development Regulations (LDR) Section 4.1.4, "Use of Lots of Record", which requires aggregation of lots under the same ownership if the lot area is less than that required by the Zoning District Regulations. The waiver is requested for property located at 213 SE 7th Avenue, within the Marina Historic District. (Quasi-Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. -7- 04/03/07 Mayor Ellis asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2007-069 into the record. Mr. Dorling stated on March 21, 2007, the Historic Preservation Board approved a demolition of a 1,571 square foot one-story non-contributing structure at 213 S.E. 7th Avenue and approved a new construction of a two-story 2,737 square foot single- family residence. The development proposal included a waiver request to LDR Section 4.1.4 (Use of Lots of Record) which states that except for single family residences subject to the R-1-A (Single Family Residential) zoning district standards, if two (2) or more adjoining lots (or combination of lots and portions of lots) of record are under the same ownership and if the total frontage and the total area is equal to or greater than that which is required by the zoning district regulations, said property shall not. be developed except in accordance with the minimum frontage and lot area requirements of the district. The lot area of the subject property is 8,409 square feet whereas 9,500 square feet is required. A waiver to this requirement may be granted by the City Commission pursuant to the provisions of LDR Section 2.4.7(B). The lot area of the subject property is 8,409 square feet whereas 9,500 square feet is required. However, the property located at 706 S.E. 2"d Street, directly to the rear (east) is under the same ownership as the subject property. Thus, the applicant is seeking relief from the requirement to aggregate the parcels via this waiver request. Francisco Perez-Azua, speaking on behalf of the applicant, stated the waiver was recommended by the Historic Preservation Board and he has been working with staff since October 2006. He is present to answer any questions the Commission may have. Mayor Ellis stated if anyone from the public would like to speak in favor or in opposition of the waiver request, to please come forward at this time. There being no one from the public who wished to address the Commission regarding the waiver request, the public hearing was closed. There was no rebuttal or cross-examination. Mr. Eliopoulos stated it does meet the setbacks and all the requirements with the way the lot is. Mr. McDuffie stated he too is comfortable with it. Mr. McDuffie moved to adopt the Board Order as presented (approving the waiver request), seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mayor Ellis -Yes; Mr. Eliopoulos - Yes. Said motion passed with a 4 to 0 vote. -8- 04/03/07 9.C. RESOLUTION NO. 25-07: Consider approval of Resolution No. 25-07 supporting Senate Bill 606 as proposed in the 2007 Legislative Session concerning authorization of local option $2.00 rental car surcharge for the South Florida Regional Transportation Authority (SFRTA) as a recurring funding source for SFRTA and urging Governor Charlie Crist to sign the proposed legislation, if adopted, in order to provide for needed additional revenues for SFRTA. office.) The caption of Resolution No. 25-07 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, SUPPORTING SENATE BILL 606 PROPOSED IN THE 2007 LEGISLATIVE SESSION CONCERNING AUTHORIZATION FOR A LOCAL OPTION $2.00 RENTAL CAR SURCHARGE AS A RECURRING FUNDING SOURCE FOR THE SOUTH FLORIDA REGIONAL TRANSPORTATION AUTHORITY ("SFRTA"); URGING GOVERNOR CHARLIE CRIST TO SIGN THE PROPOSED LEGISLATION, IF ADOPTED, IN ORDER TO PROVIDE FOR NEEDED ADDITIONAL REVENUES FOR SFRTA WITH REGARD TO ITS OPERATING AND MAINTENANCE EXPENSES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. (The official copy of Resolution No. 25-07 is on file in the City Clerk's The City Manager stated he received a request from the South Florida Regional Transportation Authority (SFRTA) that we support their efforts to expand and upgrade their service. He stated one of the reasons that the Regional Transportation Authority is seeking additional funding is to get additional federal funding. The City Manager stated they do not have enough local matches available to claim all the federal funding they could get. The City Manager stated a Bill passed last year authorizing the $2.00 rental car surcharge in Dade, Broward, and Palm Beach Counties but it was vetoed by the Governor. Therefore, the Regional Transportation Authority is asking for the support of local governments in considering this again this year. Mr. Eliopoulos moved to approve Resolution No. 25-07, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. 9.D. RESOLUTION NO. 26-07: Consider approval of Resolution No. 26-07 supporting the Florida Department of Transportation and its affiliated regional transportation agencies to recommend strategic investment in the .Florida East Coast -9- 04/03/07 (FEC) Corridor areas to expand local and regional passenger service in that area to meet the growth transit needs and complement freight industry growth in the Southeast Florida area. office.) The caption of Resolution No. 26-07 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, IN SUPPORT OF THE FLORIDA DEPARTMENT OF TRANSPORTATION AND ITS AFFILIATED REGIONAL TRANSPORTATION AGENCIES TO RECOMMEND STRATEGIC INVESTMENT IN THE FLORIDA EAST COAST CORRIDOR AREAS TO EXPAND LOCAL AND REGIONAL PASSENGER SERVICE IN THAT AREA TO MEET THE GROWING TRANSIT NEEDS AND COMPLEMENT FREIGHT INDUSTRY GROWTH IN THE SOUTHEAST FLORIDA AREA. (The official copy of Resolution No. 26-07 is on file in the City Clerk's The City Manager stated this resolution deals with regional transportation issues. He stated there has been a study underway for quite some time for the Florida East Coast Corridor regarding establishing passenger service as well as looking at the freight transportation in the corridor. The City Manager stated the City of Delray Beach has been asked to consider a resolution which would support continuation of those studies. Mr. Fetzer moved to approve Resolution No. 26-07, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote. 9.E. BID AWARD/E.C. STOKES MECHANICAL CONTRACTORS. INC./FARMER & IRWIN CORPORATION: Consider approval of a bid award to E.C. Stokes Mechanical Contractor Inc., second low bidder, as primary contractor and Farmer & Irwin Corporation, third low bidder, as secondary (back-up) contractor in an estimated annual cost of $25,500.00 for plumbing services and repairs for various city buildings located in the City of Delray Beach. Funding from various departmental operating budgets. Richard Hasko, Director of Environmental Services, stated this is an annual contract for plumbing services and noted that Gray Plumbing & Mechanical as the low bidder, E.C. Stokes Mechanical as the second low bidder, and Farmers & Irwin Corporation as the third low bidder. -10- 04/03/07 Mr. Hasko stated Gray Plumbing & Mechanical (low bidder) works out of Miami, E.C. Stokes Mechanical is located in Lake Worth, and Farmers & Irwin Corporation is in Riviera Beach. Under performance, the specification requires the contractor to give prompt and convenient response to the City's needs. Mr. Hasko stated in the specification it is a door-to-door charge so even though the hourly rate for the second low bidder is higher than the low bidder. However, the second low bidder is coming from Lake Worth whereas the low .bidder would be coming from Miami. Therefore, staff recommends approval of E.C. Stokes (second low bidder). Mr. Fetzer moved to approve the Bid Award to E.C. Stokes Mechanical Contractors Inc. (second low bidder) as primary contractor and Farmer & Irwin Corporation (third low bidder) as secondary (backup) contractor, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mayor Ellis -Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. RESOLUTION NO. 20-07 (SECOND READING/SECOND PUBLIC HEARING): Consider approval and adoption of Resolution No. 20-07 designating the area within the boundaries of the Carver Square Redevelopment area of the Community Redevelopment Agency (CRA) as a Brownfield Area for rehabilitative purposes. The caption of Resolution No. 20-07 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE AREA WITHIN THE BOUNDARIES OF THE CARVER SQUARE REDEVELOPMENT AREA OF THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY (CRA) A BROWNFIELD AREA; AND PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 20-07 is on file in the City Clerk's A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated this is a resolution that is necessary to declare the area within the Carver Square Redevelopment Area. -11- 04/03/07 Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission, the public hearing was closed. Mr. McDuffie moved to approve Resolution No. 20-07 on Second Reading/Second Public Hearing, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. 11.A. City Manager's response to prior public comments and inquiries. None. 11.B. From the Public. None. At this point, the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 14-07: City initiated amendments to the Land Development Regulations Subsections 4.6.7(H)(8), "Residential", to provide additional clarification regarding residential real estate signs, (H)(9), "Window Signs", to provide clarification regarding size of signs, and (H)(10), "Temporary Signs", to prohibit temporary non-commercial signs in public rights of way contiguous to public property, and where allowed, to provide time limits for removal. If passed, a second public hearing will be scheduled for April 17, 2007. The caption of Ordinance No. 14-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE 78-06 BY AMENDING SUBSECTIONS 4.6.7(H)(8), "RESIDENTIAL", TO PROVIDE ADDITIONAL CLARIFICATION REGARDING RESIDENTIAL REAL ESTATE SIGNS, (H)(9), "WINDOW SIGNS" TO PROVIDE CLARIFICATION REGARDING SIZE OF SIGNS, (H)(10), "TEMPORARY SIGNS", TO PROHIBIT TEMPORARY NON-COMMERCIAL SIGNS IN PUBLIC RIGHTS OF WAY CONTIGUOUS TO PUBLIC PROPERTY AND PROVIDE TIME LIMITS FOR REMOVAL; PROVIDING A SAVING CLAUSE. A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE -12- 04/03/07 DATE. office.) (The official copy of Ordinance No. 14-07 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated this is a City- initiated amendment to the Land Development Regulations to provide clarification to the code provisions for residential real estate signs, window signs and temporary signs. These types of signs do not require a permit. Residential real estate signs are limited to one sign per street frontage and shall not be illuminated. In addition to being allowed on private property, temporary non-commercial signs are also allowed in public rights-of- way when placed adjacent to private property. They are not permitted to be placed in medians or on portions of rights-of--way contiguous to public property. When located within public rights-of--way, these signs are limited to 3 square feet in size and must be removed within 10 days after the date of the event, election or referendum. At its meeting of March 19, 2007, the Planning and Zoning Board considered the text amendment and no one from the public spoke. The Board discussed the Ordinance and recommended approval with a 7 to 0 vote. Mr. Dorling stated he and the City Attorney spoke with Commissioner Montague today and she expressed concerns with respect to the clause that indicates that all real estate signs shall be non-illuminated. Mr. Dorling stated this was in the code when staff did the sign changes approximately three months ago and was taken out. He noted this action would reinstate it. There was discussion with respect to what illuminated meant and whether it be internally lit or externally lit and the definition of illuminated sign includes both. The City Manager suggested to table this item to the April 17, 2007 City Commission meeting to allow staff the opportunity to speak to the Realtors Association and see if this is something that we can address either by changing this requirement on non-illuminated signs or changing the definition so that these kind of information devices would not be considered part of the sign itself and would take the place of the printed flyers. Mayor Ellis stated she has seen this technology but it is normally in a real estate office where you can bring up a particular piece of property and take a tour through the rooms, etc. The City Manager stated apparently their developing the technology so that it is actually out on site. Mr. Fetzer moved to approve to table Ordinance No. 14-07 to the Regular City Commission meeting of April 17, 2007 as a First Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. -13- 04/03/07 12.B. ORDINANCE NO. 15-07: An ordinance amending Chapter 35, "Employee Policies and Benefits", Subheading "Retirement Plan", of the Code of Ordinances of the City of Delray Beach, Florida, by amending Section 35.097, "Retirement Income; Basis, Amount, and Payment", to provide an alternative method for purchasing the optional enhanced multiplier for periods of prior city employment. If passed, a second public hearing will be scheduled for April 17, 2007. office.) The caption of Ordinance No. 15-07 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS", SUBHEADING "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 35.097, "RETIREMENT INCOME; BASIS, AMOUNT, AND PAYMENT", TO PROVIDE AN ALTERNATIVE METHOD FOR PURCHASING THE OPTIONAL ENHANCED MULTIl'LIER FOR PERIODS OF PRIOR CITY EMPLOYMENT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A VALIDITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 15-07 is on file in the City Clerk's The City Attorney read the caption of the ordinance. She stated previously there is an enhanced multiplier that general employees are able to buy which has to be actuarially sound and this ordinance deals with the mechanism of the funding source for that. Previously, the IRS ruling stated that you could not purchase the enhanced multiplier from the 457 Plan but you could purchase it from 401A Plans, etc. The IRS has changed the ruling stating that you can purchase it from a 457 Plan under a sort of fiction that your previous City employment can be purchased back and it would act as "air time" that could equal this 3% enhanced multiplier. The City Attorney stated this is no cost to the. City but is a mechanism for general employees who would like to take advantage of it. Mr. Eliopoulos moved to approve the Ordinance No. 15-07 on FIRST Reading, seconded by McDuffie. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote. At this time, the Commission moved to Item 9.F. of the Regular Agenda. -14- 04/03/07 9.F. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period March 19, 2007 through March 30, 2007. Mr. Eliopoulos declared a conflict of interest on Item #2 under the Historic Preservation Board because he is the architect. Paul Dorling, Director of Planning and Zoning, stated staff has concerns with respect to the approval of two items by the Historic Preservation Board. The first item being 706 S.E. 2"d Street. This is a proposed 11,709 square foot house which is far larger than any single family home in the Marina Historic District and approaches twice the size of the next largest home. Staff is concerned that the Historic Preservation Board made a finding that it is compatible in terms of mass and scale. Staff believes a home of this size would set a precedent for future development in the district. The second item is the proposed addition for 238 S.E. 7th Avenue (one of the test sites that REG showed on their test studies). Mr. Dorling stated REG actually showed an addition to the rear of the historic structure. He stated with this addition to the rear, there would be some waivers and variances required that could be granted by the Historic Preservation Board in the interest of maintaining the visibility of the historic structure from the street preserving both the streetscape and the historic front elevation of the property. Mr. Dorling stated that property has had previous additions which have covered a significant amount of the front elevation. Mr. Dorling stated this new addition would totally cover that historic structure from the street and staff feels it would be inappropriate. Mr. Fetzer moved to approve the appeal of the Certificate of Appropriateness for 706 S.E. 2"d Street, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos - No; Mr. Fetzer - Yes; Mr. McDuffie - No. Said motion was a 2 to 2 vote (no action). Mr. Fetzer moved to approve the appeal of the Certificate of Appropriateness for 238 S.E. 7th Avenue, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mayor Ellis - Yes. Said motion passed with a 3 to 0 vote. Mr. McDuffie moved to approve to receive and file the report, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 0 vote. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager stated with regard to the Goal Setting session next Wednesday, he and the Mayor had a conflict that was not caught until late last week. The City Manager stated there is a fundraiser luncheon for the Boy Scouts at the Golf Course. -15- 04/03/07 He stated they were able to move the Goal Setting session from the Delray Beach Library to the Golf Course and it will now begin at 8:00 a.m. versus 9:00 a.m. Secondly, he stated there was a comment made about staff not keeping the Commission informed about the status of the Parks and Recreation Bond Issue from a financial standpoint. The City Manager briefly reviewed the status of the Parks and Recreation Bond Issue (from a financial standpoint). The City Manager stated he normally receives the monthly reports around the 15`h of the following month. The City Manager stated the Commission is receiving regular monthly reports on the financial status of these projects. He stated there have been changes since then which he will go over at the Workshop meeting. Mrs. Ellis stated she saw the report on a regular monthly basis and was taken aback by the claims that this information was not made available to the City Commission. She stated she appreciates the information and stated there will be additional opportunities to discuss this. The City Manager stated at the Workshop meeting next week staff plans to go through in more detail exactly how we got to where we are, the status of the capital projects, review the capital program so we can make decisions about whether we want to go forward with the program, postpone certain parts of it or scale back certain parts. 13.B. City Attorney The City Attorney had no comments or inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. Fetzer Mr. Fetzer stated he personally is looking forward to the Workshop meeting next week to address the capital projects and determine where the City goes from here. He is personally disappointed in the level of communication that was given to the Commission from the City Manager on this issue. Mr. Fetzer stated he was not given the big picture and does not feel that it is the Commission's responsibility to add the individual projects up to determine the overall extent of the financing that was required. Therefore, Mr. Fetzer stated he disagrees that this was communicated effectively to the Commission. Secondly, Mr. Fetzer stated he is pleased with the overall method of the video streaming and noted it is very effective to be able to go into the agenda and click on a particular item and it takes you right to that item. However, he expressed concern over the quality of the sound and some of the camera effects are a little awkward. Mr. Fetzer asked if there are any plans to improve the system from its initial set-up. -16- 04/03/07 The City Manager stated the camera use is a matter of getting accustomed to it. He stated staff has concerns about the sound system and the microphones may have to be changed (i.e. upgrade to the sound system) as part of the work that has been discussed for the Commission Chambers. The City Manager stated staff recognizes that there is more work that has to be done. 13.C.2. Mr. Eliopoulos Mr. Eliopoulos stated he spoke with the City Manager last Friday and noted there was a list that former Commissioner Levinson made with regard to some of his closing remarks. Mr. Eliopoulos stated he wanted to get more background to find out where we have been, if we did drop the ball how we can pick it back up, and make sure to keep the open communication. Mr. Eliopoulos stated since it seemed to be put on record he thought we should try to obtain more information on these items. He thanked the City Manager for the information he distributed to the Commission this evening. Secondly, he spoke to the City Attorney and some Department Heads regarding the construction costs. Mr. Eliopoulos stated he will need more background with regard to some of these items especially with regard to change orders. He stated he would like to have a closer look at things in the near future with regard to construction budgets to ensure we have the best prices possible and the best qualified contractors. 13.C.3. Mr. McDuffie Mr. McDuffie stated the reason he pulled the Consent Agenda item this evening was his concern with the change orders. He stated being a new commissioner he does not completely understand the change order process. In his opinion, Mr. McDuffie stated there is some polarization that existed here prior to the change in this Commission and suggested to open communications as much as possible. Mr. McDuffie expressed concern over who is managing these projects and how the change orders are being managed. Mr. McDuffie stated the easier that staff can make these projects the better so that the Commission can make a determination very early on so that if something is getting out of control, they can stop it before it ever reaches a point that it appears to have been reached at this time. Mr. McDuffie expressed concern over how something such as Old School Square parking garage could increase by 60% since the original bid. Mr. McDuffie encouraged everyone to get together and find out how managing these projects can be made as simple as possible so that we do not end up with a polarization we recently had. He stated he is thrilled to be here and stated Delray Beach is a wonderful city. 13.C.4. Manor Ellis Mayor Ellis welcomed Commissioner McDuffie and Commissioner Eliopoulos and stated she is very excited about a relatively new and young Commission -17- 04/03/07 and the opportunities they have for change, progress and renewed communication. She stated in a perfect world everyone would look at the same piece of paper and understand it in the same way. However, Mrs. Ellis stated everyone has different interpretations and different expertise. She stated the Commission has many opportunities to share their expertise with one another. Mrs. Ellis stated she is excited about the Workshop meeting next week so the Commission can look at exactly what the situation is and come to a consensus and prioritize the items and issues they feel are very important. She encouraged everyone to move forward and work as a true team. Mrs. Ellis stated the City of Delray Beach is successful and has one of the best financial statements in the state if not in the country and there are so many things that we are leading in that are truly important to the citizens including workforce housing, the Delray Beach Housing Authority, transit oriented development, and historic preservation. Mrs. Ellis stated she looks forward to hearing and working with everyone. There being no further business, Mayor Ellis declared the meeting adjourned at 7:38 p.m. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on April 3, 2007, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. -18- 04/03/07 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMtSS10N, AUTHORITY, OR COMMITTEE Eliopoulos, Gary P. Delray Beach ::City Commission MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 2o5 George Bush Boulevard WHICFIISERVEISAUNROF: mTY COUNTY ~ CnY ~ COUNTY O OTHER LOCAL AGENCY Delray Beach, Florida 33444 Palm Beach NAME OFPOLmcal-suaavlsloN: D4~3~0 voTf occuRREo MY POSITION IS: ~ ELECTIVE O APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, dty, or other local level of govemment on an appointed or elected board, coundl, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest wql vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay dose attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, munidpal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her spedal private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure-which inures to the spedal gain or loss of a princlpal (other than a govemment agency) by whom he or she is retained (inducting the parent organization or subsidiary of a corporate princlpai by which he or she is retained); to the speclal private gain or loss of a relative; or to the spedal private gain or loss of a business assodate. Commissioners of community redevelopment agencles under Sec. 163.356 or 163.357, F.S., and officers of independent spedal tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this taw, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-taw. A "business assodate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, ooowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible fw recording the min- utes of the meeting, who sharid incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you othervvise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the derision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL SE TAKEN: • You must complete and fife this form (before making any attempt to influence the derision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) C:E FvRM S8 - EFF. 1/2000 L irri y . r , No . G unaer HYIi PAGE 1 APPOINTED OFFICERS (continued) • A Dopy of the form must be provided immediately to the other members of the agency. • Tt~e form .must be read publicly at the next meeting after the form is"filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your cxu~flid in the measure before participating. • You must complete the form and file it within 15 days..after the vote oaxus with the person responsible-for recxxding the minutes of the meeting, wtw must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, (;ary P . E1 i opoul os ,hereby disclose that On April 3 , 20 07 (a) A nieasuFe came or will Dome before my agency which (check. one) inured to my special private gain or loss; i _ inured to the: special gain or loss of my business associate. _, inured,to the special gain or loss of my relative, inured. to the speclal gain or loss of , by whom I am retained: or inured.b the special gain or k~.ss of which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my "oonfiiclirig interest in the measure is as follows: .,A~iri 1 3._207 Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:. IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED 510,000. CE FORM t>8 - EFF. 1!2000 PAGE 2 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR JAY PUTNAM ENTERPRISES ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request has come before the City Commission on April 3, 2007. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for Jay Putnam Enterprises. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and II. 1. COMPREHENSIVE PLAN a. Comprehensive Plan -Future Land Use and Map: Is the future use and intensity of the development consistent with the future land use map and comprehensive plan and is it appropriate in terms of soil, topographic, and other applicable physical considerations, complementary to adjacent land uses, and fulfills remaining land use needs? Yes 4 No 0 b. Concurrence: Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes 4 No 0 I~em q.R II. LDR REQUIREMENTS: a. LDR Section 2.4.5(E) Required Findings: (Conditional Use): Pursuant to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not: i. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; ii. Hinder development or redevelopment of nearby properties. Will Section 2.4.5(E}(5) be met? Yes 5 No 0 3. The comments and notes set forth in the staff report are hereby incorporated herein. 4. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use request was submitted. 5. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 6. Based on the entire record before it, the City Commission approves X denies the conditional use request subject to the following conditions: • Subject to restriping the east parking lot to include the addition of three (3) parallel parking spaces and two horizontally striped spaces along the east property line prior to issuance of an occupational license for auto repair and service. • Subject to upgrading the landscaping for the site, particularly along the east property line which is visible from the I-95 right-of-way, to include, but not be limited to replacement of existing trees where appropriate and other requirements deemed necessary via attached Landscaping technical comments. • Subject to a minimum of eight spaces being provided and retained for vehicle parking within the bays. • Subject to processing of a Class I site plan application for the approval of the parking modifications and related landscaping improvements. 2 The City Commission hereby adopts this Order this 3~d day of April, 2007, by a vote of 4 in favor and 0 oppos Rita Ellis, Mayor ATTEST: Chevelle Nubin Ci#y Clerk 3 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR 213 SE 7th Avenue ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This waiver request has come before the City Commission on April 3, 2007. 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 213 SE 7th Avenue. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER: LDR Section 4.1.4(C) provides that except for single family residences subject to the R- 1-A (Single Family Residential) zoning district standards, if two (2) or more adjoining lots (or combination of lots and portions of lots) of record were under the same ownership as of October 18, 1994, and if the total frontage and the total area is equal to or greater than that which is required by the zoning district regulations, said property shall not be developed except in accordance with the minimum frontage and lot area requirements of the district. Ownership shall be determined by the property tax rolls on file in the Palm Beach County Property Appraiser's Office as of October 18, 1994. The Applicant has requested a waiver from this requirement. Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (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(6)(5)? Yes 4 No 0 Should any conditions be imposed regarding lot size? Yes 0 No 4 Item q.~ 3. The City Commission has applied the Comprehensive Plan and LDR 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 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 X denies 0 the waiver request to LDR Section 4.1.4(C). 6. Based on the entire record before it, the City Commission hereby adopts this Order this 3rd day of April, 2007, b o f 4 in favor a d 0 opposed. ATTEST: ita Ellis, Mayor ~._ _ Chevelle Nubin, Cifi~r Clerk 2 WORKSHOP MEETING APRIL 10, 2007 A Workshop Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Rita Ellis in the First Floor Conference Room at City Hall at 6:00 p.m., on Tuesday, Apri110, 2007. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Woodie McDuffie Commissioner Brenda B. Montague Mayor Rita Ellis Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Douglas Smith, Assistant City Manager Susan A. Ruby, City Attorney Chevelle D. Nubin, City Clerk Mayor Ellis called the meeting to order and announced that it had been called for the purpose of considering the following items: WORKSHOP AGENDA 1. Update on Delray Beach Historical Society Archives Relocation Project. Robert W. Ganger, President of the Dekay Beach Historical Society, and Dottie Patterson, Archivist for the Delray Beach Historical Society, were present to update the City Commission on plans for relocating the Archives out of Old School Square, and to secure a go ahead approval, and indication of support, for the $50,000 grant request to relocate and restore the Hunt House Learning Centex, which will be the new home for the City of Delray Beach's Archives. The Historical Society's fifteen (15) year lease at the Cornell Museum at Old School Square will be expiring soon and a new home for the Archives will be needed. In 2006, Delray Beach developer Microliviano International, Inc. bought the 1908 Hunt House and four neighboring bungalows on NE 5`'' Avenue and made plans to demolish the homes to make way for condominiums. The unoccupied Hunt House was donated to the Dekay Beach Historical Society by Madison At Delray, L.L.C., and will be moved to a City of Delray Beach owned piece of property located at 3 NE 1s1 Street, as soon as possible. The cost for the moving and "situating" of the house will be approximately $500,000. The City of Delray Beach has committed to match all raised funds. After the City matches the $50,000 grant the balance will be $400,000. Palm Beach County Commissioner Mary McCarty has committed $200,000, through a Parks and Recreation Bond for the restoration of the windowless bunker. There is proposed Federal grant funding of $200,000 which will be used to reimburse the City for the $200,000 contribution used for matching Palm Beach County Commissioner Mary McCarty's commitment. A concrete bunker will be connected by a roof in the back of the house to accommodate the Archives, and will be constructed to look like it has always belonged to the house. It will be built to withstand fire, flooding, and hurricanes. Spady Museum will have access to the bunker for storage of their archives during an eminent storm. It was the consensus of the Commission to move forward with the project, they were looking forward to working with the Historical Society, and to exploring additional grant options. The Commission extended their full support. 2. Discussion regarding a contract for Wi-Fi Services. Carol Roberts, former Mayor of West Palm Beach, longtime Palm Beach County Commissioner, and leading The Vision Team, LLC, introduced one of her partners, Stephen Gaskill; Vincent J. Vento, Chief Executive Officer (CEO) of ATC International Inc.; Joseph A. Tortoretti, Founder, President and Chief Executive Officer (CEO) of e-Path Communications, Inc.; Attorney Steven Wallace of Ruden Mc Closky Law Firm; and her other partner Linda Hennessee. Susan Ruby, City Attorney noted all aspects of the Wireless Broadband (Wi-Fi) Agreement had been worked through, and she introduced Ila Felds who had helped immensely and who specializes in communications, tele-communications and cable television. The agreement is a ten (10) year agreement with two (2) five (5) year renewal terms. Ms. Ruby felt great level of service standards had been established with this agreement. Linda Hennessee provided background information conceming the installation and maintenance of the Delray Beach WiFi System. The WiFi is a wireless system that enables communications through a wireless network using the Network without the need for cable or wire lines connecting the peripheral equipment to the Network. It was the consensus of the Commission that they were pleased with the system, looked forward to working with Delray Beach WiFi, Inc., and thanked them for the presentation. 2 APRII,10, 2007 3. Discussion regarding the current Capital Improvement Program. David T. Harden, City Manager, presented the item and stated this overview presentation was only to provide information and that he was not asking for any decisions, at this time, but wanted to provide ample time for the Commission to ask questions over the next few weeks. Mr. Harden suggested that sometime in May, possibly the May Work Session, when the Commission is ready to deal with the issues, they can make some decisions at that point. Mr. Harden reviewed the additional costs in the Parks Bonds Projects, and asked Environmental Services to present the Capital Program beginning with the Parks Bonds Projects not under construction yet, and to review the Capital Projects that are in the general fund this year, in order for the Commission to explore the entire scope of the projects. At that point, the Commission will ultimately be informed and decide as to whether to proceed, delay, and/or change the scope of any of the projects. The additional cost in the Parks Bond Issue, which had been identified in the handouts to the Commission at the last Work Session on March 13, 2007, was $22,258,175.00. Almost all of that amount could be attributed to two projects, the Family Recreation and Fitness Center, and the Old School Square Parking Garage. Richard Hasko, Director of Environmental Services, presented information concerning the change order process history on various City projects. It was the consensus of the Commission that staff had presented a tremendous amount of information, and that they were very thorough in their research. Each Commissioner will make arrangements to meet with the City Manager, or staff, to propose any questions they feel may need to be addressed. Mayor Ellis adjourned the Workshop Meeting at 8:29 p.m. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Workshop Meeting of the City Commission held on Tuesday, April 10, 2007, which Minutes were formally approved and adopted by the City Commission on 3 APRIL 10, 2007 City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. 4 APRIL 10, 2007 WHEREAS, the Office of the Municipal Clerk, a time honored and vital part of local government exists throughout the world; and WHEREAS, the Office of the Municipal Clerk is the oldest among public servants; and WHEREAS, the Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels; and WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all; and WHEREAS, the Municipal Clerk serves as the information center on functions of local government and community; and WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops, and the annual meetings of their state, province, county, and international professional organizations; and WHEREAS, it is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk. NOW, THEREFORE, I, RITA ELLIS, Mayor of the City of Dekay Beach, Florida, on behalf of the Ciry Commission, do hereby proclaim April 29, 2007 through May 5, 2007 as MUNICIPAL CLERKS WEEK in Delray Beach, Florida and extend appreciation to our Municipal Clerk, Chevelle D. Nubia and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. 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 17s' day of April, 2007. RITA ELLIS MAYOR b.A MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER DATE: APRII. 13, 2007 SUBJECT: AGENDA ITEM # U • ~ -REGULAR MEETING OF APRIL 17, 2007 RESOLUTION N0.27-07 ITEM BEFORE COMMISSION This is a resolution assessing costs for abatement action required for the emergency board-up of unsafe structures located at: 106 & 108 NW 10~' Avenue, 1127 Miramar Drive and 4869 Pineview Circle. BACKGROUND The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the properties in the event the assessment remains unpaid. FUNDING SOURCE N/A RECOMMENDATION Recommend approval of Resolution No. 27-07. S:\City Clerk\LIEN PROCESS\AGMEMOS\Resolution Memos 2007\RES NO. 27-07.doc RESOLUTION NO. 27-07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTNE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. WHEREAS, the Building Official or his designated representative has, pursuant to Article 7.8 of the Land Development Regulations, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code of Ordinances; and, WHEREAS, pursuant to Article 7.8 of the Land Development Regulations of the City of Delray Beach, the Building Official or his designated representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set forth in Article 7.8 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestly unsafe and is considered a hazard to life and public welfare pursuant to Article 7.8 of the Land Development Regulations, describing the nature of the violations and sent notices that the building was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and upon failure to file an appeal or to make the repairs required that the Building Official would have the authority to have the building demolished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Article 7.8 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Article 7.8 of the Land Development Regulations the Building Official caused the abatement action to be done; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Section 7.8.21 of the Land Development Regulations of the City of Delray Beach, submitted to the Ciry Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the Ciry of Delray Beach, pursuant to Article 7.8 of the Land Development Regulations desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the amount of as shown by the report of the City Manager of the Ciry of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 7.8.21 become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assessment against said property for the cost of abatement action regarding an unsafe building within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of eight percent (8%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective immediately upon adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing 2 Res. No. 27-07 date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of eight percent (8%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of eight (8%), and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this day of 2007. MAYOR ATTEST: City Clerk This instrument was prepared by: Susan A. Ruby, City Attorney 200 N.W. 1" Avenue Delray Beach, Florida 33444 3 Res. No. 27-07 CITY OF DELRAY BEACH UNSAFE BUILDING/STRUCTURE NOTICE OF ASSESSMENT TO: CARMINE K. DELLAPITETRO MAILING ADDRESS: 1127 MIRAMAR DRIVE DELRAY BEACH, FLORIDA 33483 PROPERTY ADDRESS: 1127 MIRAMAR DRIVE LEGAL DESCRIPTION: THE WILLIAMSON DEIBEL SUB LT 17 PCN: 12-43-46-16-29-000-0170 You, as the record owner, of, or holder of an interest in, the above described property are hereby advised that a cost of $ 7, 660.62 by resolution of the City Commission of the City of Delray Beach, Florida, dated ( ), 2007 has been levied against the above described property. The costs were incurred as a result of an abatement action regarding the above described property. You were given notice on that the Chief Building official had determined that abuilding/structure located on the above described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated by the City if you failed to act. X You failed to appeal the decision of the Chief Building Official to the Board of Construction Appeals. You were informed of your right to an appeal and of the procedures for obtaining an appeal. You have also failed to take the corrective action required in the Notice of Unsafe Building/Structure. You appealed the decision of the Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board Construction Appeals. You appealed the decision of the Building Official to the Board of Construction Appeals on .The Board of Construction upheld the decision of the Building Official. The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above described property on 1127 Miramar Drive; Delray Beach at a cost of $7, 660.62 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost plus additional administrative and recording costs shall be recorded in the official Records of Palm Beach County, Florida against the above-described property. Res. No. 27-07 THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST . AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT, COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING MORTGAGES. Copies of all notices referred to in this notice are available in the office of the Chief Building Official. BY ORDER OF THE CITY COMMISSION City Clerk Res. No. 27-07 CITY OF DELRAY BEACH UNSAFE BUILDING/STRUCTURE NOTICE OF ASSESSMENT TO: ROBERT M. OPPENHEIlVIER MAILING ADDRESS: 4869 PINEVIEW CIRCLE DELRAY BEACH, FLORIDA 33445-4318 PROPERTY ADDRESS: 4869 PINEVIEW CIRCLE LEGAL DESCRIPTION: EVERGREENE LTS 17 & 17A BLK 3, ORB 17392/PG 160 PCN: 12-42-46-24-10-003-0170 You, as the record owner, of, or holder of an interest in, the above described property are hereby advised that a cost of $ 328.02 by resolution of the City Commission of the City of Delray Beach, Florida, dated ( ), 2007 has been levied against the above described property. The costs were incurred as a result of an abatement action regarding the above described property. You were given notice on that the Chief Building official had determined that abuilding/structure located on the above described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated by the City if you failed to act. X You failed to appeal the decision of the Chief Building Official to the Board of Construction Appeals. You were informed of your right to an appeal and of the procedures for obtaining an appeal. You have also failed to take the corrective action required in the Notice of Unsafe Building/Structure. You appealed the decision of the Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board Construction Appeals. You appealed the decision of the Building Official to the Board of Construction Appeals on .The Board of Construction upheld the decision of the Building Official. The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above described property on 4869 Pineview Circle; Delray Beach at a cost of 328.02 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost plus additional administrative and recording costs shall be recorded in the official Records of Palm Beach County, Florida against the above-described property. Res. No. 27-07 THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT, COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING MORTGAGES. Copies of all notices referred to in this notice are available in the office of the Chief Building Official. BY ORDER OF THE CITY COMMISSION City Clerk Res. No. 27-07 CITY OF DELRAY BEACH UNSAFE BUILDING/STRUCTURE NOTICE OF ASSESSMENT TO• MAGGIE ROLLE MAILING ADDRESS: 106 NW 10TH AVENUE DELRAY BEACH, FLORIDA 33444 PROPERTY ADDRESS: 106 & 108 NW 10TH AVENUE LEGAL DESCRIPTION: 17-46-43, E 135 FT (LESS N 150 FT, S 50 FT & E 25 FT RD R/VV) & W 15 FT OF E 150 FT AS IN ORB 06254 PG 898-899 PCN: 12-43-46-17-42-006-0240 You, as the record owner, of, or holder of an interest in, the above described property are hereby advised that a cost of $ 2.786.30 by resolution of the City Commission of the City of Delray Beach, Florida, dated Lam, 2007 has been levied against the above described property. The costs were incurred as a result of an abatement action regarding the above described property. You were given notice on that the Chief Building official had determined that abuilding/structure located on the above described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated by the City if you failed to act. X You failed to appeal the decision of the Chief Building Official to the Board of Construction Appeals. You were informed of your right to an appeal and of the procedures for obtaining an appeal. You have also failed to take the corrective action required in the Notice of Unsafe Building/Structure. You appealed the decision of the Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action required by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board Construction Appeals. You appealed the decision of the Building Official to the Board of Construction Appeals on .The Board of Construction upheld the decision of the Building Official. The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above described property on 106 NW 10`h Avenue; Delray Beach at a cost of 2 786.30 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost plus additional administrative and recording costs shall be recorded in the official Records of Palm Beach County, Florida against the above-described property. 4 Res. No. 27-07 THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE RATE OF 8% FROM THE DATE OF ASSESSMENT, COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING MORTGAGES. Copies of all notices referred to in this notice are available in the office of the Chief Building Official. BY ORDER OF THE CITY COMMISSION City Clerk, CMC 5 Res. No. 27-07 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: SCOTT PAPE, AICP, SENIOR PLANNE ~~ ~ PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING~~ THROUGH: CITY MANAGER~~~ DATE: APRIL 11, 2007 SUBJECT: AGENDA ITEM # U •~ -REGULAR MEETING OF APRIL 17.2007 ACCEPTANCE OF A HOLD HARMLESS AND LANDSCAPE MAINTENANCE AGREEMENT ASSOCIATED WITH THE OCEAN TERRACE TOWNHOMES CLASS V SITE PLAN APPROVAL. ITEM BEFORE COMMISSION The action requested of the City Commission is acceptance of a hold harmless and landscape maintenance agreement associated with the Ocean Terrace Townhomes project located on the west side of Palm Trail, approximately 172' north of Bond Way. BACKGROUND The subject property consists of Lots 28-31, Block 1, Kenmont subdivision and contains 1.04 acres. The property contained a 1,927 square foot single family home that was built in 1955, which has subsequently been demolished. At its meeting of March 23, 2005, the Site Plan Review and Appearance Board approved a Class V Site Plan application for the demolition of the existing single family dwelling and the construction of six townhouses. The development proposal included eight landscape nodes within the Palm Trail right-of-way with each node planted with a Royal Palm. A condition of approval was attached that the applicant submit a hold harmless and landscape maintenance agreement for the landscaping within the Palm Trail right-of-way. The landscape maintenance agreement has been reviewed and approved by the City Attorney's Office for legal form and sufficiency and is now before the City Commission for approval. RECOMMENDATION Accept the hold harmless and landscape maintenance agreement associated with the Ocean Terrace Townhomes for the installation and maintenance of all irrigation and landscaping material located within the Palm Trail right-of-way. Attachment: ^ Location Map ^ Landscape maintenance agreement ~ i 3 >-- _~ ~ ALLEN AVE. ~' ~ _ ~ J ~ O Q Q a ~ a ~ ~ Q W I U S A Y yypy ~ Q a ,.~, THE J EASTVIEW AVE. 0 ESTUARY Q W LAKE AVENUE N. w z N.E. 14TH ST. (LAKE AVE.) O J Z LAKE AVENUE S. r 3 ~' ~ _~ N ~ 2 ~ ~ v DENERY LANE Q ~ J O Q w ~ U X ~ Q BOND WAY ~ ~ ~ a ~ "' o w a Q a z WITHERSPOON LANE w McKEE LN. Z x = ~ ~ ~ ~ ~; a J_ Q S ~ w ,,; ~ INLET z z a COVE CONDO a GEORGE BUSH BOULEVARD N ~ OCEAN TERRACE TOWNHOMES CITY OF DELRAY BEACH, FL PLANNING do ZONING DEPARTMENT - D/CITAL BASF MAP SYSTEM -- MAP REF: LM826 LANDSCAPE MAINTENANCE AGREEMENT THIS AGREEMENT is made this 9~' day of April, 2007 by and between the City of Delray Beach, Florida ("City") and OCEAN TERRACES AT DELRAY BEACH, LLC ("Owner"). WITNESSETH: WHEREAS, in order to provide landscaping in the City, the City Commission has adopted ordinances setting forth requirements for landscaping; and, WHEREAS, in order to comply with the City's landscape Ordinance the Owner shall be allowed to install landscaping material in the right-of--way of PALM TRAIL pursuant to the terms of this Agreement; and, WHEREAS, this Agreement shall in no way be deemed an actual, constructive or any other type of abandonment by the City of the publicright-of--way of PALM TRAIL; and, WHEREAS, the City reserves the right at any time to utilize the right-of--way for right-of- way purposes; and, WHEREAS, the public will benefit from the beautification of areas along its streets by the addition of landscaping; and, WHEREAS, this Agreement is not effective unless the Owner has submitted a landscape plan and it has been approved by the City; and, WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. The Parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them in this Agreement. 2. The Owner shall perform all conditions as required by the City or any Board of the City in conjunction with the site plan and review process for the required installation and maintenance of the landscaping. The subject property, further described in Exhibit "A", shall have an approved landscape plan, Exhibit "B", attached hereto and incorporated herein by reference. 3. The Owner shall be responsible for purchasing and installing all plant, tree, hedge or grass material or any other material as required by the Owner's approved landscaping plan. 4. The Owner hereby agrees to maintain the plantings in the right-of--way in accordance with the City's Ordinances and the terms and conditions of this Agreement. The Owner shall be responsible to maintain, which means the proper watering and proper fertilization of all plants and keeping them as free as practicable from disease and harmful insects; to properly mulch the plant beds; to keep the premises free of weeds; to mow and/or cut the grass to a proper height; to properly prune all plants which includes (1) removing dead or diseased parts of plants, or (2) pruning such parts thereof which present a visual hazard for those using the roadway. To maintain also means removing or replacing dead or diseased plants in their entirety, or removing or replacing those that fall below original project standards. All plants removed for whatever reason shall be replaced by plants of the same grade, not necessarily the same plant but of acceptable quality to the City and the Owner, as specified in the original plans and specifications and of a size comparable to those existing at the time of replacement. To maintain also means to keep litter removed from the landscaped areas in the right-of--way. Plants shall be those items which would be scientifically classified as plants and include but are not limited to trees, grass, or shrubs. 5. If at any time after the execution of this Agreement by the Owner, it shall come to the attention of the City that the landscaping is not properly maintained pursuant to the terms and conditions of this Agreement then the City may at its option issue a written notice that a deficiency or deficiencies exist, by sending a certified letter to the Owner. Thereafter, the Owner shall have a period of thirty calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the City may at its option, proceed as follows: (a) Maintain the landscaping or part thereof, and invoice the Owner for expenses incurred. (b) Terminate this Agreement and require the Owner to comply with the City's current Ordinance on landscaping. (c) Cite the Owner for failure to comply with the City's Ordinances. 6. At all times hereto, the Owner shall own and maintain all landscaping installed in the right-of--way by the Owner. 7. If for any reason the City decides that it needs the right-of--way of PALM TRAIL or for any other public purpose this Agreement shall terminate, and the Owner shall be required to comply with the City's current Code of Ordinances regarding landscape requirements. Owner shall remove all landscaping from the right-of--way within 20 days of such notification, if so requested by the City. 8. The Owner shall indemnify and hold harmless the City, its officers and employees from all suits, actions, claims and liability arising solely out of the Owner's installation and maintenance of landscaping in the City's right-of--way. 9. This Agreement shall constitute the entire Agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 10. This Agreement may not be assigned or transferred by the Owner, in whole or part without the written consent of the City. 11. This Agreement shall be binding on the Parties, their respective heirs, successors, legal representatives, and permitted assigns and shall be recorded in the Public Records of Palm Beach County and shall run with the land. 12. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this day of March 2007. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Rita Ellis, Mayor Approved as to legal form and sufficiency: City Attorney ~'' a WITNESSES: y, t ~ /, Maureen DeLaunay ~,~ .~, t~U" °, r , ~. Knsti Boyles STATE OF FLORIDA COUNTY OF PALM BEACH OCEAN TERRACES AT DELRAY BEACH, LLC (OWNER) Josh S. Grenadier, Managing Member ~~ The foregoing instrument was acknowledged before me this ~ day of March 2007 by Joseph Grenadier, as Managing Member of OCEAN TERRACES AT DELRAY BEACH, LLC , a Florida limited liability company, on behalf of the LLC. He is personally known to me or has produced identification. (type of identification) as Notary Public -State Of Florida ~~~ ,,... -' ~'~"'^~''~., M,.,~u,,,, '~ ~ ~~'• S ~ ~4~~„yer lr ~.~ • ~~° '~~ N * ; -~ ~.• :* An ony Min o, Person Taking Acknowledgment EXHIBIT "A" The legal description of The Properties as submitted by this Declaration: Lots 28, 29, 30 and 31, Block 1 KENMONT, according to the Plat thereof as recorded in Plat Book 20, Page 65, of the Public Records of Palm Beach County, Florida ~ a ~ ~ old ad2~spueZ ~ a ~ e ~~5 m~~ z3 EPu~134~Eag~iei~aQ €~ C~1 Ego ix a ~ ~ ~ ~ ~~a ~ ~5° ~~ ~iei1 uc~ed r ~gLL sauzouunnoZ aa~~zaZ u~aap a~ ~ - ~ W ~ ~, - x ,. ~~ ~ dal w ~ V d I ~ i ~ ~~ ~ i i. i i A i ° a - ~ i i - ~ ~ ~~( ~ I I ~ I I j I i I I :r,` j ~ I j I i i *. .i..+..i.. I I I i t ~l i• • j ~. .~ +- -+ ~' '~ ~' -+ F- -t ~. ....~, ~~ ~ \ ~ ~ ~~~ I I I I I I ~ I I I I ~ I I I I I ~-----------~ ~ ~-------------a I ~~R~ I I I ~~~ I I I ~ I I I I ~ I I I I I I I I ~ I I I I ~ I I I I I I I I ~ I I I I I I i ~ ~ ~ i MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: VICTOR MAJTENYI, DEPUTY DIlZECTOR OF PUBLIC UTILITIES THROUGH: CITY MANAGER DATE: APRIL 9, 2007 SUBJECT: AGENDA ITEM # -REGULAR MEETING OF APRIL 17~, 2007 Service Authorization #23.2 to Mathews Consulting, Inc. Reclaimed Water Areas 2 and 3, HOA and Property Owners Connections ITEM BEFORE COMMISSION Amendment #2 to Service Authorization #23 to Mathews Consulting, Inc. in the amount of $28,068 for professional engineering services required to connect individual Homeowner's (HOA's)/property owner's associations and golf courses to the Area 2 and 3 Reclaimed Water systems. BACKGROUND Amendment #1 to Service Authorization #23 was approved in January 2006, for professional services in general evaluation of individual HOA irrigation systems in regards to layout, flow, and pressure requirements for providing the proper size metered connection from the reclaimed transmission main at the right-of--way. In order to complete the designs, as-builts information, pump data, and system operations is required. Research has proved that this information is non-existent from the communities, as their records are deficient. Amendment #2 (under consideration) is for evaluating the customer's entire system to ensure that their system will be operational upon connection to the City's reclaimed distribution main. Scope of services include but not limited to providing an analysis of the existing HOA's on-site irrigation system for usage/application rates, pumping requirements, pump station manufacturer/model, pump location, and methodology of system fimctions/operations. FUNDING SOURCE Funding is proposed from account #441-5181-536-31.90, Water & Sewer Fund/Other Professional Services after a budget transfer. RECOMMENDATION Staff recommends approval of Amendment #2 to Service Authorization #23 to Mathews Consulting, Inc. for professional services relating to Homeowner's and property owner's connection to the City's Area 2 & 3 reclaimed water distribution system. F:\WorklAgnd Memo SA 23 2 Mathews 04 17 07RV.doc /~ CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION AMENDMENT N0.2 DATE: SERVICE AUTHORIZATION NO. 23 FOR CONSULTING SERVICES CITY P.O. NO. 624687 CITY EXPENSE CODE: CITY PROJECT N0.2004-020 MATHEWS CONSULT. PROJECT NO. 1292 TITLE:___ Area 2 & 3 Reclaimed Water Systems This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract, dated March 16, 2004 between the City of Delray Beach and Mathews Consulting, Inc. TITLE: Agreement for General Consulting En 'ng~ Bering Services I. PROJECT DESCRIPTION This Amendment No. 2 covers additional engineering services for providing attendance at meetings, coordination, field investigations and preparation of construction drawings for the connection of individual Homeowners' and Property Owners' Associations and golf courses to be served with reclaimed water within Area 2 and 3 of the City of Delray Beach's Reclaimed Water Service Area. The original scope of work provided for engineering design of the connections required from the ROW meter vault to the customer irrigation system. This scope of work encompasses evaluating the customer's irrigation system to ensure the entire system will be operational upon connection to the City's reclaimed water distribution main. The following reclaimed water customers are anticipated to be evaluated under this scope amendment: • Clearbrook • Woodlake • Lago Delray Condo Association • Lago Delray North • Lakeview Condo Association • Lakeview Golf Course • Pines of Delray East • Pines of Delray West • Shady Woods Area 2&3 Reclaimed Connections4/12/2007 1 MATHEWS CONSULTING II. SCOPE OF SERVICES Task 1-Meetings & Coordination Consultant shall attend up to two meetings with each of the Area 2 and 3 customers listed above to discuss the requirements of their specific irrigation system and to identify the requirements for proper connection and operation of the system using reclaimed water as the irrigation water source. Task 2 -Operation and Field Verification Consultant shall furnish the services of a professional engineering company experienced in irrigation system design and operation, to provide a review and general analysis of the existing on-site irrigation systems. The analysis will consist of a minimum of one site visit for each customer to review the system pump(s), controls and general distribution configuration system. The system will be evaluated to determine current irrigation usage/application rates, pumping requirements, pump station manufacturer/model and location, methodology of system functions control and operation. A memorandum will be prepared describing the recommendations to ensure that the existing system will be operational following the connection to the reclaimed water system. Task 3 -Design Plans Consultant shall prepare construction plans and details for the irrigation system improvements required for the Lakeview Golf Course. The scope includes improvements from the ROW, to and including the meter vault and irrigation pumps. The scope does not include redesign or improvements to the irrigation distribution system downstream of the irrigation pumps (these improvements will be addressed separately by the Golf Course). The required specifications shall be provided on the plan sheets (no separate specification manual will be prepared). It is our understanding that it is the intent of the City to utilize their own construction crews to install the improvements from the Area 2 & 3 distribution main, to the customer's existing irrigation pump or main distribution header. Therefore, the plans will be prepared for the use of the City of Delray Beach crews and are not intended to be documents issued for competitive bid. Consultant shall provide recommendations for the easement requirements to encompass the improvements, if necessary, but preparation of the legal sketch and description is not included herein. It is assumed that the golf course will grant the City a temporary construction easement in order to install the required improvements beyond the meter. Area 2&3 Reclaimed Connections4/12/2007 2 MATHEWS CONSULTING III. TIME OF PERFORMANCE We anticipate that the draft construction plans will be completed within 8 weeks of the initial meeting with the customer representatives and the receipt of all requested in formation required for the design. Upon receipt of comments from the City on the draft plans, the final plans will be completed within 4 weeks. COMPENSATION The compensation for services provided in Task 1, 2 and 3 shall be billed on an hourly basis plus reimbursable expenses in accordance with Article VII, Method II, up to the following not to exceed cost. Refer to Attachment A -Budget Summary. Services Estimated Fees Task 1 -Meetings and Coordination $ 5,510.00 Task 2 -Operation & Field Verification $ 2,277.00 Task 3 -Design Plans $ 8,656.00 Irrigation Subconsultant $11,425.00 Out-of-Pocket Expenses ~ 200.00~1~ TOTAL PROJECT COST $28,068.00 Notes: ~l~0ut-of-Pocket Expenses include the following: printing/reproduction and postage. Area 2&3 Reclaimed Connections4/12/2007 3 MATHEWS CONSULTING This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT may commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH: CONSULTANT: Mathews Consulting, Inc. Date Date By: Name Rene L. Mathews, P.E., President (Seal) Title Witness Witness Attest: Attest: Approved as to Legal Sufficiency and Form BEFORE ME, the foregoing instrument, this day of , 2007, was acknowledged by Rene L. Mathews on behalf of the Corporation and said person executed the same free and voluntarily for the purpose there-in expressed. Witness my hand and seal in the County and State aforesaid this day of , 2007. Notary Public State of Florida My Commission Expires: Area 2&3 Reclaimed Connections4/12/2007 4 ~ MATHEWS CONSULTING Q H Z W V H' Q h r ti W C w ^~ 0 1 m >y, i w ovi ~i M °~ N i v Obi i d 0 V C y (p N O O i ', O O ~ 7 O U O N ~ y ~ N ~ O ~ ~ i t!) O ~ i ~ ..0.. ~ O ~ ~ i 0~0 IM O ~ O M I •G ~ ~ O O ' N N ' I U ~ ~ ' a m •~ ° ~ o ,C N ~ O i69 N ~ ' O 2 I C ~ ~ ~ c 0 ~ O p l O ~ o V ~o i ~ := p ~ ~ c~ ~, w ai o ~ ' co - :. o O U i j U O 2m o 0 ' O •n y y ~ C ~ ~ J C FR i U t c~ o °~ w ~ ~i _ ~o 0 0 o ~ I N C B O ~ Cn I I C ~ W m o 'v ~ ~ i w ~ o ° ~n ao p ° ao 0 o ~ o ao ~ ~ r > v ~ c 0 C A N ~' ch ~ 1~ i v7 ~ ~ i N N N o0 d W 64 !, ~! v- H) ~ 6T4 ~ O i I o ' w ' c +~ :°. m `` / LL r L y ~ N Q - w 0 o O ~' i 0 = ~ V w O U ~ w W °i~ I c' c coo ~ •~ ,~ is ~ ' ~ g o y ;a m . I~ :°. Ci a ~ w y I D ~ '~ c c~ t~ H 0 0 c 0 ~ ~ .. v y N i d y O ~ O .0 O ~ i U ~ U a U ~ E m. p ~ Q. d 0 Z Y r iN M j (C H i~ i U C O C w 7 N C O U 3 m L ..+ f0 AGENDA REQUEST Request to be placed on: --X--Regular Agenda Special Agenda Workshop Agenda A ends Item No. ~~ 9 Date April 10, 2007 When: April 17, 2007 Description of item (who, what, where, how much): Approval of Amendment 2 to Service Authorization #23 to Mathews Consulting, Inc. (Service Authorization #23.2) in the amount of $28,068 for professional services relating to the connection of individual Homeowner's (HOA's)/property owner's associations and golf courses to the Area 2 and 3 Reclaimed Water systems. Amendment #2 (under consideration) is for evaluating the customer's entire system to ensure that their system will be operational upon connection to the City's reclaimed distribution main. Scope of services include but not limited to providing an analysis of the existing HOA's on-site irrigation system for usage/application rates, pumping requirements, pump station manufacturer/model, pump location, and methodology of system functions/operations. Funding is proposed from Account #441-5181-536-31.90, Water and Sewer Fund/ Other Professional Services after a budget transfer (attached). ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends award of Service Authorization #23.2 to Mathews Consulting, Inc. for professional services relating to Homeownerproperty owner's connection to the City's Area 2 & 3 reclaimed water distribution system, P/N 20 00 .2. ^ _ ~, Department head signature: ~ ~r~~v ~i' 1 L- 07 Determination of Consistency with Comprehensive Plan: City Attorney ReviewJRecommendation if applicable): Budget Director Review (re it on all i . involving expenditure of funds): Funding available: S/ O ~~(see above) Funding alternative pplicable): _ Account No. & Description ~l - S' - 3 _ do ~Sf ~~< Account Balance S ~~ ~ /~~ ~ t..( ~ t a-,c S City Manager Review: Approved for agenda: ~/NO Hold Until: ~ Agenda Coordinator Review: Received: Placed on Agenda: _ Action: ApprovedJDisapproved S:\EngAdmin\Projects12004\2004-020.2\OFFICIAL\Agnda Req SA 23.2 Mathews 04.17.07.doc cK MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS {~.~ FROM: Brian Shutt, Assistant City Attorney THROUGH: CITY ATTORNEY DATE: April 12, 2007 SUBJECT: AGENDA ITEM # ~~~- REGULAR MEETING OF APRIL 17.2007 PROPOSED WIFI AGREEMENT ITEM BEFORE COMMISSION Approval of the Agreement between the City and Delray Beach WiFi regarding wife. BACKGROUND - This item was discussed at the April 10, 2007 Commission workshop meeting. At that meeting it was suggested that the Agreement provide more information regarding "ongoing training". That language has been clarified, see paragraph 13 of the attached agreement. FUNDING SOURCE N/A RECOMMENDATION Approval WIRELESS BROADBAND AGREEMENT THIS WIRELESS BROADBAND AGREEMENT ("Agreement"), dated for purposes of identification only this day of 2007 ("Effective Date") is entered between the CITY OF DELRAY BEACH, a municipal corporation ("City") and DELRAY BEACH ~-EIWIFI, l~L~ ("Delray Beach Wi-Fi")-i~erpe~te~e state-e€~ Delaware limited liability company. Capitalized terms shall have the meaning ascribed in the body of the Agreement or as set forth in the attached Exhibit A. WHEREAS, City sought proposals through an Invitation to Negotiate dated October 17, 2006 for municipal wireless broadband; WHEREAS, following evaluation, ATC International, Inc. ("ATCI") was selected as the most qualified responder; WHEREAS, ATCI, E-Path Communications, Inc. ("E-Path") or their respective affiliates, as the current principals of Delray Beach Wi-Fi, desire to provide its Services (as hereinafter defined), through Delray Beach Wi-Fi, consistent with its proposal made to the City Commission in the City; WHEREAS, in connection with the provision of Services hereunder Delray Beach Wi-Fi desires to mount, install, operate and maintain certain of its equipment on certain City- owned Assets, and on streetlights, traffic signal poles, and other structures owned and controlled by third parties, in accordance with the terms, provisions and conditions contained in this Agreement and subject to any agreement with third party owners, if any ("Network"); WHEREAS, City has requested and Delray Beach Wi-Fi shall provide Free Service, as defined in Exhibit A in the Free Service Zone, as defined in Exhibit A; WHEREAS, City recognizes the benefits of a citywide deployment of a wireless broadband network and Delray Beach Wi-Fi agrees to provide same for the entire City with the Free Service Zone as the first priority; WHEREAS, ATCI has established a new and separate entity, Delray Beach Wi-Fi, to meet the terms and conditions of this Agreement and to accommodate its stockholders and investors; and WHEREAS, City desires to have the Services provided by Delray Beach Wi-Fi available for use by City and its citizens, businesses and guests in accordance with applicable law, and the terms, provisions, and conditions contained in this Agreement. NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS SET FORTH ABOVE AND AS FOLLOWS: FTL:2153222:2$ 1. TERM OF AGREEMENT -The Term of this Agreement shall be for ten (10) years and will upon approval of City it may be renewed for two additional renewal terms of five (5) years each (collectively "Term"). In the event both parties desire to extend the Term, City and Delray Beach Wi-Fi shall execute a written extension of this Agreement no later than ninety (90) days prior to the expiration date of the term. 2. PLANS AND SPECIFICATIONS-Delray Beach Wi-Fi will obtain from City approvals of the plans and specifications for the Network prior to any installation under this Agreement, including without limitation any upgrades or enhancements, which approval will not be unreasonably withheld, conditioned or delayed; provided, however, that any review or comment by City shall in no way relieve Delray Beach Wi-Fi of any duties or obligations set forth in this Agreement, or limit Delray Beach Wi-Fi's ability to provide the Services in accordance with applicable law. City will notify Dekay Beach Wi-Fi in writing of any objection and the evidence for such objection within sixty (60) calendar days of Delray Beach Wi-Fi's submission of any plans or specifications (including expansions and upgrades to the network). Delray Beach Wi-Fi is not obligated to expend any funds on the Network until all necessary City approvals have occurred (collectively the "Approvals"), and it has obtained all Underlying Rights. If any Approval is in legal dispute or revoked then Delray Beach Wi-Fi will be entitled to suspend performance of all Services dependent on such Approval at its option, until all Approvals are reinstated or no longer in legal dispute. If City does not approve the Plans and Specifications for the Network within sixty (60) calendar days of delivery to the City, or if all Approvals necessary for Delray Beach Wi-Fi to perform under this Agreement are not obtained within ninety (90) calendar days of such delivery, then Delray Beach Wi-Fi and the City shall each, respectfully, be entitled to terminate this Agreement, subject to all applicable law, without any Default or further liability by either Party of any kind. 3. SCHEDULE OF PERFORMANCE -All work to be performed under this Agreement shall be commenced and completed in accordance with the time schedule set forth in Exhibit C, entitled Schedule of Performance and coordinated through the City representative assigned to oversee the City's obligations under this Agreement. 4. DESCRIPTION OF WORK - During the Term of this Agreement, Delray Beach Wi-Fi is authorized and required to mount, install, operate, repair and maintain at Delray Beach Wi-Fi's sole cost and expense, equipment, radios and antennas, or such other comparable equipment. Subject to City's prior approval and all applicable Federal, State, and local ordinances, laws and regulations Delray Beach Wi-Fi may use City owned buildings and towers as each shall be individually approved by City; provided, however, the use is subject to current agreements the City has extended with other parties and any other lawful preexisting communications facilities and must not interfere with any public FTL:2153222:2~ 2 safety communications system, and the City's computer network. In addition, if required, the City agrees to cooperate with Delray Beach Wi-Fi's attempts to obtain pole mounting agreements with Palm Beach County, Florida Power and Light and any other entity with mounting assets required to deploy a network that meets the necessary standards. Notwithstanding anything to the contrary, the City shall have no obligation to obtain such rights from third parties for the benefit of Delray Wi-Fi. For the Term of this Agreement, Delray Beach Wi-Fi is authorized to use public rights of way owned by City for access to poles, buildings and towers as individually approved by the City to which communications equipment is or will be attached pursuant to this Agreement. Such access shall be twenty- four (24) hours per day, every day, subject to applicable restrictions and regulations relating to traffic, noise, public safety and other requirements. City agrees to reasonably cooperate with Delray Beach Wi-Fi without cost or obligation to City in obtaining all necessary permissions or permits required to facilitate the installation and maintenance of radios that require the use of right- of-ways that maybe controlled by the County or State. Upon completion of each task, installation and phase of work to be performed under this Agreement, Delray Beach Wi-Fi shall promptly restore all work site areas to a clean and safe condition as described in the Statement of Work. City will cooperate with Delray Beach Wi-Fi to identify City-owned assets that maybe utilized for the Network. If the City refuses to provide the necessary rights to City assets in any location without reasonable cause, then Delray Beach Wi-Fi will not be responsible to include coverage for such affected location. Delray Beach Wi-Fi's obligations to provide the Network and the Coverage Level are dependent upon Dekay Beach Wi-Fi's obtaining the Underlying Rights from the City and Delray Beach Wi-Fi obtaining the necessary approvals from applicable third parties. If Delray Beach Wi-Fi is unable to obtain the Underlying Rights from third parties, including without limitation any pole attachment rights from any utility or other third party, then Delray Beach Wi-Fi's performance obligations may be reduced to the extent the Coverage Level cannot be obtained for a given location. However, in the event of any such reduction in coverage level, the City may declare a Default of this Agreement immediately upon written notice to Delray Beach Wi-Fi. Notwithstanding the foregoing, this Agreement shall in no way limit or interfere with apre-existing provider's rights nor the network owned and operated by the City. In addition, notwithstanding anything in this Agreement, nothing in this Agreement is intended to diminish Delray Beach Wi-Fi's rights to provide wireless broadband services apart from this Agreement under any state or federal law. 5. WORK SCHEDULE DELAYS - If City requests in writing for a delay in performance of the installation by Delray Beach Wi-Fi and its contractors then such delay shall not be unreasonable in length and all milestones and deadlines shall be extended by the same number of days as the number of days in the delay. 6. CHANGE IN SERVICES. If Delray Beach Wi-Fi intends to reduce services then, after reasonable prior notice to the City of Delray Beach Wi-Fi's intentions, City FTL:2153222:2$ 3 will either, (1) accept the proposed change in service on such terms and conditions as the parties find mutually agreeable in which case Exhibit F shall be revised appropriately and be substituted for the then current version of Exhibit F, (2) require that the then-existing service levels, to the extent not beyond the reasonable control of Delray Beach Wi-Fi, continue to be provided as contemplated in the then current version of the Exhibit F (Service Level Agreement), or (3) declare a Default of this Agreement. This Section 6 shall only apply to Material Changes of Service which shall require the consent of the City whose consent shall not be unreasonably withheld, conditioned, or delayed. Notwithstanding the foregoing, Delray Beach Wi-Fi shall not be required to obtain consent from the City for any non Material Change of Services. The term "Material Change of Service" as used in this Section 6 means (1) a reduction in broadband Internet access bandwidth by Delray Beach Wi-Fi to speeds consistently below 512 Kbps or (2) a reduction in the coverage level as set forth in Exhibit C. 7. AVAILABILITY OF POWER -City and Delray Beach Wi-Fi acknowledge that the Network requires a 24 hour, reliable source of power. In the instances where the Network will be mounted on City assets, the City agrees to provide reasonable access to its power sources in a manner authorized by City where power is currently available. Notwithstanding the foregoing, City has no obligation under this Agreement to provide new power source to Delray Beach Wi-Fi. The cost of any and all power required by Delray Wi-Fi shall be the sole responsibility of Dekay Wi-Fi. 8. SERVICE LEVEL AGREEMENT AND CUSTOMER SERVICE GUIDELINES. a. Delray Beach Wi-Fi shall perform in accordance with the Service Level Agreement ("SLA") set forth in Exhibit F. City will appoint a person with whom Delray Beach Wi-Fi will interact with respect to technical, maintenance and service issues with respect to this Agreement, including the Service Levels set forth in Exhibit F. Delray Beach Wi-Fi will provide the name and contact information for the project manager, regular status reports, and updates to the City in a manner to be determined. b. Delray Beach Wi-Fi further acknowledges the importance of quality customer service and ongoing Network monitoring and performance review. Delray Beach Wi-Fi thus shall make customer service representatives available 24 hours per day, 7 days per week and shall monitor Network performance and respond to customer service inquiries in accordance with the requirements set forth on Exhibit F-1. Delray Beach Wi-Fi shall further provide City with monthly summary reports outlining its compliance with each of the reporting metrics in accordance with the SLA attached as Exhibit F. 9. MARKETING COOPERATION -Delray Beach Wi-Fi will be responsible for marketing and administering the operations of the Network. City will cooperate, FTL:2153222:2$ 4 as determined by the City, in marketing, advertising and promotional plans, schedules and materials regarding the Network. City will appoint a person designated to work with Delray Beach Wi-Fi's designated marketing coordinator. 10. PERMITS. -Delray Beach Wi-Fi and City further agree as follows: a. Delray Beach Wi-Fi shall obtain, with City's reasonable assistance, all applicable permits, licenses, and authorizations as are required for Delray Beach Wi-Fi to comply with applicable laws, regulations and ordinances. b. In consideration for the free services provided to non-business users for a cumulative four (4) hours per day in the Free Service Zone subject to the restrictions under this Agreement, the City agrees to waive any and all permit fees charged by the City in connection with this Agreement. This waiver of permit fees shall not apply to regulatory fees or taxes. 11. WORK STANDARDS -Delray Beach Wi-Fi agrees to perform the Services in accordance with all applicable ordinances, laws and regulations, including all traffic laws and regulations (including, without limitation, those set forth as Florida DOT standards) and in accordance with the Plans and Specifications and Schedule of Performance. Delray Beach Wi-Fi will comply with applicable laws, ordinances and regulations. Delray Beach Wi-Fi will use commercially reasonable efforts to notify affected residents, property owners and businesses prior to commencement of work that can be reasonably anticipated to adversely affect the quiet enjoyment of their property. Delray Beach Wi-Fi acknowledges that City has made no warranties or representations regarding the fitness, safety, or suitability of any of City's property for the installation of Delray Beach Wi- Fi's equipment or for this Network and that any performance of work or costs incurred by Delray Beach Wi-Fi or provision of Services contemplated under this Agreement by Delray Beach Wi-Fi is at Delray Beach Wi-Fi's sole risk. Further, Delray Beach Wi-Fi's work under this Agreement will be fully in compliance with the requirements set forth in Exhibit G. 12. EMERGENCY/HURRICANE - In order to properly prepare for humcanes or other emergencies, Delray Beach Wi-Fi and the City may form a working group within a reasonable period of time after the execution of this Agreement that will determine ways in which, if possible, the Network can be used to support the City. If feasible, and if expressly permitted by the City, the Network will utilize the City's alternative energy sources to ensure that the Network stays operational subject to prior approval which may be withheld in the City's sole and absolute discretion. 13. DIGITAL DIVIDE -The City wishes to utilize the Network to reach residents who may not be able to afford commercial high speed Internet access. Delray Beach Wi-Fi agrees to work with the City, the City's CRA and interested parties to establish a model program for the City that includes "ongoing training" (to FTL:2153222:2~ those receiving free computers), computers and Internet access to families who fall below the federal poverty level with school-age children, in accordance with terms below. Such "ongoing training" shall at minimum consist of: (a) an introductory class conducted at located in the City within 10 days of installation, (b) followed by at least one class per year and (c) 24/7 telephone support throughout the Term of the Agreement. Additional training shall be provided by Delray Beach Wi-Fi upon the reasonable request of the City. Delray Beach Wi-Fi agrees to provide: a. 100 free, new, or reconditioned computers, provided all reconditioned computers are of a quality, and provided with warranties, reasonably equivalent to new computers, containing at a minimum, a Windows OS, 512 MB RAM, and Pentium III processors. For purposes of the foregoing commitment by Delray Beach Wi-Fi, the provision of computers shall also include the respective provision of monitors, printers, and required cabling; b. 200 households with free high speed Internet access at a minimum rate of 512 kbs ("Free Digital Divide Households"); c. all households that fall below the federal poverty rate with school- age children, high speed Internet access at a minimum rate of 512 kbs at a special rate of $9.99 per month for a minimum of a one-year period, with any increases thereafter limited to no more than 5% per annum, provided however, the group of households required to pay the special rate shall not include the Free Digital Divide Households referenced in subsection b. above, which are to receive free high speed Internet access. The families which are entitled to receive the free computers set forth in subsection a. above, and free Internet access set forth in subsection b. above, shall be selected by the City in its sole discretion and promptly communicated to Delray Beach Wi-Fi prior to the Free Service going active. The City and Delray Beach Wi-Fi will formulate a process of selecting families entitled to the Digital Divide special rate. Delray Beach Wi-Fi shall provide a report to the city monthly detailing the number of families taking advantage of the special rate. 14. REMOVAL OF EQUIPMENT -Unless City and Delray Beach Wi-Fi enter into an agreement that provides otherwise, upon the expiration, completion or earlier termination of the Term of this Agreement, Delray Beach Wi-Fi shall promptly, safely and carefully remove all equipment installed by Delray Beach Wi-Fi from all City property and return City property to the condition in which the property existed immediately prior to Delray Beach Wi-Fi's installation. Delray Beach Wi-Fi acknowledges and agrees that it bears all risk of loss or damage of its equipment and materials installed on City property or in City's public rights of way, except for damages arising from the negligence or wrongful acts of City or its employees, agents or contractors. The removal will be according to a mutually FTL:2153222:2~ 6 agreed schedule over a time period that shall not exceed two (2) months from the earlier of the expiration, completion or earlier termination of this Agreement, provided however, that the Parties shall work together to ensure a smooth transition of any affected customers on the Network. The foregoing notwithstanding, nothing in this Agreement is intended to modify or limit Delray Wi-Fi's rights to provide the Services pursuant to any applicable state of federal law or regulation. 15. RELOCATION OF NETWORK -City may from time to time require Delray Beach Wi-Fi to remove or relocate a Network element installed on City property, and at City's direction, remove or relocate the specified piece of equipment upon a request from City based on the specific configuration or re-configuration of the right of way or roads in the right of way, including for example a removal or relocation caused by widening of the road, provided that where a removal or relocation is required the City shall reasonably assist to locate a suitable alternative for Delray Beach Wi-Fi to re-locate the equipment of Delray Beach Wi-Fi, and Delray Beach Wi-Fi shall not be considered in Default of this Agreement or Service Levels to extent any customers are so affected by the removal or relocation of equipment. City shall notify Delray Beach Wi-Fi immediately of any Underlying Rights known to City related to the City owned assets that may interfere with the Network or Delray Beach Wi-Fi's obligations in connection with this Agreement. Upon the expiration, non-recognition or other termination of an Underlying Right of which the City has been given notice in writing that is necessary in order to grant, continue or maintain an Underlying Right required for any portion of the Network or provision of the Services, City will use its best efforts to notify Delray Beach Wi-Fi in writing. 16. PAYMENT OF TAXES -Subject to all provisions of this Agreement, Dekay Beach Wi-Fi will pay all taxes, assessments and fees applicable to Delray Beach Wi-Fi's installation and operation of the Network. Delray Beach Wi-Fi will pay any and all taxes, assessments and fees which maybe levied against Delray Beach Wi-Fi by any tax authority or other governmental or quasi-governmental authority. 17. Il~IDEPENDENT CONTRACTOR - To the extent applicable, Delray Beach Wi- Fi, in the performance of the work and Services agreed to be performed pursuant to this Agreement, shall act as and be an independent contractor and not an agent or employee of City. Delray Beach Wi-Fi shall operate the Network as Delray Beach Wi-Fi determines, in its sole discretion, provided that such operation shall at all times be in accordance with the requirements of this Agreement. 18. FORCE MAJEURE -Neither Party shall be responsible for any of its obligations under this Agreement prevented or delayed by reasons which are not reasonably foreseeable, not reasonably avoidable, or otherwise outside the reasonable control of the Parties, including but not limited to Acts of God, floods, fires, hurricanes, tornadoes, earthquakes or other unavoidable casualty, acts of public enemy, FTL:2153222:2$ _ 7 insurrection, war, riot, sabotage, act of terrorism, epidemic, strike, freight embargoes, severe weather conditions, concealed and unknown conditions below the surface of the ground differing materially from those ordinarily encountered and generally recognized as inherent in construction work or which are not reflected on current maps or drawings of underground conditions, wrongful physical obstruction by any Person at any installation site, any law, order, regulation, direction, action, or request of the United States government or of any governmental, judicial, regulatory, or civil or military authority having jurisdiction over the Parties; national emergencies; or failure of any common carrier or third party facility not affiliated with Delray Beach Wi-Fi ("Force Majeure Event"). The time within which any obligation must be performed under the terms of this Agreement shall be extended for a reasonable period to be determined jointly by the City and Delray Beach Wi-Fi where timely performance is prevented due to a Force Majeure Event. Delray Beach Wi-Fi or the City shall promptly notify in writing the other Party of any Force Majeure event described in this Section and, in such notice, shall indicate the anticipated extent of such delay and shall indicate whether, and to what extent, if any, the delayed Party anticipates that such event shall affect the timely performance of such Party's obligations under this Agreement. 19. ASSIGNABILITY -Neither Party shall have the right to assign or otherwise transfer this Agreement, in whole or in part, without the prior, written consent of the other Party which consent shall not be unreasonably withheld, conditioned or delayed, provided however, that after the Network is operating then Delray Beach Wi-Fi will be entitled to transfer the Network and its operations to entities in the future, provided the City determines in its sole and reasonable discretion that the transferee is sufficiently capitalized in order to perform the Services hereunder and will in the City's reasonable discretion be able to promptly provide services hereunder. Notwithstanding the foregoing, Delray Beach Wi-Fi may assign this Agreement as part of any financing arrangement, or otherwise in connection with a restructuring of Delray Beach Wi-Fi upon approval by the City, which approval shall not be unreasonably withheld, conditioned, or delayed, that the assignment is to an entity that can perform, has experience to perform, and the financial wherewithal to perform the Services hereunder to the reasonable satisfaction of the City. This Agreement shall be binding upon and inure to the benefit of the Parties and their successors and permitted assigns. In addition, Delray Beach Wi- Fi shall have the right to subcontract Services provided any and all such subcontractors are approved by the City prior to the commencement of work. 20. INDEMNIFICATION - As respects bodily injury, death, personal injury, or third-party property damage, Delray Beach Wi-Fi agrees to indemnify, defend, and hold harmless City, its officials, officers, employees, agents, and representatives from and against any and all claims, losses, damages, defense costs, or liability, of any kind or nature (collectively referred to hereinafter as "Claims"), arising out of or in connection with Delray Beach Wi-Fi's (or Delray Beach Wi-Fi's contractors' or subcontractors', if any) (i) acts, errors, omissions, FTL:2153222:~ _ $ or unsafe acts, or (ii) work performed by, or on behalf of, Delray Beach Wi-Fi, relative to this Agreement; except for those Claims which arise out of the sole negligence or willful misconduct of City. As respects any damage or loss which does not arise out of bodily injury, death, personal injury, or third-party property damage, Delray Beach Wi-Fi agrees to indemnify, defend, and hold harmless City, its officials, officers, employees, agents, and representatives from and against any and all claims, losses, damages, defense costs, or liability, of any kind or nature (collectively referred to hereinafter as "Claims"), arising out of or in connection with Delray Beach Wi-Fi's (or Delray Beach Wi-Fi's contractors' or subcontractors', if any) negligent or wrongful performance under this Agreement; except to the extent that such Claims arise out of the sole negligence of City. The obligations set forth in this Indemnification provision (i) shall be in effect without regard to whether or not City, Delray Beach Wi-Fi, or any other person maintains, or fails to maintain, insurance coverage, or aself-insurance program, for any such Claims; and (ii) shall survive the termination of this Agreement. Nothing herein shall prevent Delray Beach Wi-Fi's insurer(s) from satisfying Delray Beach Wi- Fi's obligations under this Section. This Section shall survive the termination of this Agreement. 21.OWNERSHIP -Notwithstanding any provision of this Agreement or any attachment, in all circumstances, Delray Beach Wi-Fi shall retain title to the Network and each device and components thereof. No portion of the Network shall become a fixture unless Delray Beach Wi-Fi expressly agrees otherwise in writing. In no event shall City gain any ownership rights in or to the Network in whole or in part, pursuant to this Agreement or otherwise. In no event will City translate, modify, disassemble, or reverse engineer the Network or create derivative works based on any portion of the Network or the Design Control Documents or authorize others to do so. The Agreement in no way establishes any ownership rights in the City's network. 22. INSURANCE- Without limiting City's right to indemnification, it is agreed that Delray Beach Wi-Fi shall secure, prior to commencing any activities under this Agreement, and maintain, during the term of this Agreement, insurance coverage as follows: Workers' Compensation Insurance as required by State statutes and Employers Liability in an amount not less than $500,000 per occurrence. Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products/Completed Operations Liability, and Independent Contractor's Liability (if applicable), in an amount not less than One Million Dollars ($1,000,000) per occurrence, Two Million Dollars ($2,000,000) annual aggregate, written on an occurrence form, provided this coverage may be maintained by Delray Beach Wi-Fi combining primary and excess policies to meet these requirements. FTL:2153222:2$ 9 Comprehensive Automobile Liability Coverage including - as applicable - owned, non-owned and hired autos, in an amount not less than One Million Dollars ($1,000,000) per occurrence, combined single limit, provided this coverage may be maintained by Delray Beach Wi-Fi combining primary and excess policies to meet these requirements. City's Risk Manager is hereby authorized to reduce the requirements set forth herein in the event he/she determines that such reduction is in City's best interest. Each insurance policy required by this Agreement shall contain the following clause or shall otherwise provide for the following conditions: "This insurance policy shall not be cancelled until after thirty (30) days prior written notice has been given to the City Clerk, City in the event of cancellation for non-payment of premium." Each insurance policy required by this Agreement, except policies for Workers' Compensation, shall contain the following clauses or shall otherwise provide for the following conditions: "It is agreed that insurance provided by this policy shall be primary to, and not contribute with, any insurance or self-insurance maintained by the City." "The City its officers, agents, employees, and representatives are added as additional insureds as respects the acts, omissions, operations, and activities of, or on behalf of, the named insured, in regard to products supplied, or work or services performed for, or under an agreement with the City." Prior to commencing any work under this Agreement, Delray Beach Wi-Fi shall deliver to City insurance certificates confirming the existence of the insurance required under this Agreement, including the applicable clauses and/or provisions referenced above. Also, within thirty (30) days of the execution date of this Agreement, Delray Beach Wi-Fi shall provide City (i) endorsements to the insurance policies which add to these policies the applicable clauses referenced above, or (ii) in lieu of said endorsements, documentation reasonably acceptable to City evidencing that the coverage, terms, and conditions set forth in the above- referenced clauses are otherwise provided for in said insurance policies. Said endorsements shall be signed by an authorized representative of the insurance company and shall include the signatory's company affiliation and title. Should it be deemed necessary by City, it shall be Delray Beach Wi-Fi's responsibility to see that City receives documentation acceptable to City which evidences that the individual signing said endorsements is indeed authorized to do so by the insurance company. Insurance required hereunder shall be placed with insurers (i) admitted to write insurance in the State of Florida and (ii) possessing an A. M. Best's rating of A-VII or higher, or (iii) otherwise acceptable to City, with prior written permission from City. Also, in the event that (i) a claim is filed against City, or its officers, employees, agents, or representatives, for which City FTL:2153222:2$ 10 believes, in good faith, there maybe coverage under an insurance policy required by this Agreement, and (ii) City has tendered such claim to the insurer that issued such policy, and (iii) such insurer has not agreed, within ninety (90) days, to cover such claim, including defense and indemnity, without reservation, then City has the right to demand of Delray Beach Wi-Fi, and to receive within thirty (30) days, a copy of such insurance policy. In addition to other remedies City may have if Delray Beach Wi-Fi fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, declare a Default hereunder, until Delray Beach Wi-Fi demonstrates compliance with the requirements hereof. Exercise of any of the above remedies, however, in addition to other remedies City may have and is not the exclusive remedy for Dekay Beach Wi-Fi's failure to maintain insurance or secure appropriate endorsements. Delray Beach Wi-Fi shall list the City as an additional insured under all of the insurance policies referenced in Section 22 herein. 23. GOVERNING LAW -This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Florida, without regard to the conflict of law provisions thereof. Any action brought relating to the interpretation or enforcement of this Agreement may be brought in any court located in Palm Beach County, Florida, unless otherwise required by law. 24. COMPLIANCE WITH LAWS -Delray Beach Wi-Fi and the City each agree to comply with all applicable laws, ordinances and regulations, including the recent Declaratory Ruling issued by the Federal Communications Commission, dated March 23, 2007, entitled In the Matter of Appropriate Regulatory Treatment for Broadband Access to the Internet Over Wireless Networks, WT Docket No. 07- 53, ("Wireless Broadband Order"), which among other things, declares wireless broadband Internet access services, which would include the Service, as Information Services pursuant to 47 U.S.C. § 153(20), preserves the applicability of 47 U.S.C. § 332(c)(7) regarding local zoning and land use decisions to wireless broadband information service providers that utilize the same infrastructure to provide personal wireless services, and determines that wireless broadband information services are jurisdictionally interstate. Notwithstanding any obligation or agreement made in this Agreement, each Party hereto agrees to comply with all requirements of the Wireless Broadband Order, and in all applicable law, and nothing in this Agreement is intended, nor shall be interpreted, to modify each of the respective Party's rights and obligations under the Wireless Broadband Order, or other applicable law. In addition, City agrees to facilitate the process of approvals by departments of City to ensure that the obtaining of such approvals in no way creates delays inconsistent with the implementation timeframes set forth in Exhibit C, and the Service Level Agreement in Exhibit F. FTL:2153222:23_ 11 25. APPROVAL - If the approval or consent of any Party is required under this Agreement, such approval or consent may only be given in writing, and shall not be unreasonably withheld, conditioned or delayed. 26. MISCELLANEOUS -The failure of a Party at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. No waiver by a Party of any condition or of any breach of any term, covenant, representation or warranty contained in this Agreement shall be effective unless in writing, and no waiver in any one or more instances shall be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, covenant, representation or warranty. The headings preceding the text of articles and sections included in this Agreement and the headings to schedules attached to this Agreement are for convenience only and shall not be deemed part of this Agreement or be given any effect in interpreting this Agreement. Unless otherwise indicated, words describing the singular number shall include the plural and vice versa, and words denoting each gender shall include the other gender and words denoting natural persons shall include corporations and partnerships and vice versa. The use of the terms "including" or "includes" shall in all cases herein mean "including, without limitation" or "include, without limitation," respectively. Unless otherwise indicated, references to articles, sections, subsections or schedules shall refer to those portions of this Agreement. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the Party drafting or causing any instrument to be drafted. 27. Intentionally Deleted. 28. RESERVATION OF RIGHTS -This Agreement grants Delray Beach Wi-Fi the non-exclusive right to use poles, buildings, towers, other assets identified by the City and rights-of--way owned by City in the manner provided herein, for the Services utilizing the Network during the Term and to mount approved devices as set forth in Exhibit D for use in connection with creating and maintaining the Network for the provision of the Services at the expense of Delray Beach Wi-Fi. In recognition of the considerable financial investment made to service the businesses and residents of the City and its commitment to provide discounted service to certain low income residents of the City, the City will grant to Delray Beach Wi-Fi the non-exclusive opportunity to provide the Services, including, without limitation, Internet connectivity and other communications services to the City, as requested by the City. The City will negotiate with Delray Beach Wi-Fi for services at the time the service is desired or requested provided, however, if the City determines in its sole discretion that such services are better performed by others for no reason or any reason, the City shall not be required to grant Dekay Beach Wi Fi the privilege or right to provide such services. City may grant to any other Party during the Term the right to use of City poles, buildings, FTL:2153222:2~ 12 towers or other approved mounting assets for the provision of services competitive with the Services authorized by this Agreement, provided such third- party's mounting assets and services do not interfere with the Services. In the event City enters into a subsequent agreement with any other third party concerning offering Wi-Fi services to residents of the City ("Competitive Agreement") on or after the date hereof that has the effect of establishing rights or otherwise benefits in a manner more favorable in any respect (other than for build out) than the rights and benefits established in favor of Delray Beach Wi-Fi in this Agreement, then Delray Beach Wi-Fi shall submit to the City a request for modification of this Agreement to incorporate benefits and obligations comparable to those in the Competitive Agreement. Except as provided herein, City and Delray Beach Wi-Fi agree that nothing contained in or contemplated by this Agreement is intended to confer, convey, create or grant to Delray Beach Wi- Fi any perpetual real property interest in any City property or in any of City's public rights of way or easements. Nothing in this Agreement shall restrict Delray Beach Wi-Fi from providing the Services in all ways permitted by applicable law. The foregoing general reservation is not intended in any way to diminish Delray Beach Wi-Fi's obligations under the Service Level Agreement set forth on Exhibit F. 29. FREE SERVICE ZONE. City and Delray Beach Wi-Fi acknowledge and agree that a condition precedent for a Person to obtain password access necessary to utilize the Free Service offered in the Free Service Zone shall be the electronic or written acknowledgement and execution of a user access agreement in a form and content prepared by Delray Beach Wi-Fi in its sole and absolute discretion, which shall at a minimum include appropriate limitations of liability and indemnification protections for the benefit of Delray Beach Wi-Fi (the "User Services Agreement"). No Person shall be able to utilize the Free Service under this Agreement without the acknowledgement and execution of a User Services Agreement. Notwithstanding the foregoing, the City expressly reserves the right to review the User Service Agreement to ensure the Services described therein comply with this Agreement. 30. NO WARRANTIES -THE ONLY WARRANTIES CONCERNING THE SERVICES, SYSTEM AND OTHER DELIVERABLES PROVIDED UNDER THIS AGREEMENT ARE THOSE CONTAINED HEREIN, AND ARE MADE FOR THE BENEFIT OF CITY ONLY IN LIEU OF ALL OTHER WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. DELRAY BEACH WI-FI ALSO SPECIFICALLY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS RELATED TO THE INTERNET; SECURITY-RELATED FEATURES OF THE SYSTEM AND/OR SERVICES CANNOT GUARANTEE COMPLETE SECURITY VIA THE INTERNET OR WIRELESS SERVICES AND DELRAY BEACH WI-FI SHALL NOT BE LIABLE FOR BREACHES OF SUCH SECURITY OR ANY FTL:2153222:2$ 13 OTHER RELATED WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, INTERNET FUNCTION AND/OR PERFORMANCE WARRANTIES. DELRAY BEACH WI-FI SHALL HAVE NO LIABILITY FOR THE CONDUCT OF SUBSCRIBERS USING OR ACCESSING THE SYSTEM OR SERVICES. 31. CONFIDENTIALITY -The City is bound by the State Public Records Act which provides for the mandatory disclosure of certain records to the public upon request. Any disclosure by the City pursuant to the Public Records Act shall be exempt from the provisions of this paragraph. The City shall not provide any trade secret that is exempt under the Public Records Act for so long as such information qualifies as a trade secret under applicable law and for three (3) years following the termination of this Agreement. 32. NOTICES -Any notice, request, instruction or other document to be given hereunder by a Party pursuant to this Agreement shall be in writing and shall be deemed to have been given: (a) when received if given in person or by courier or a courier service; (b) on the date of transmission if sent by, facsimile, email or other wire transmission; or (c) three (3) business days after being deposited in the U.S. mail, certified or registered mail, postage prepaid. If to City: City Clerk with a copy to: City Manager If to Dekay Beach Wi-Fi: With a copy to: or to such other individual or address as a Party may designate for itself by notice given as herein provided. FTL:2153222:23 14 33. PRIOR AGREEMENTS AND AMENDMENTS -This Agreement, including all attachments hereto, constitutes the entire agreement between the Parties. Except as set forth herein, there are no promises, representations or understandings between the Parties of any kind or nature whatsoever. Modifications to this Agreement shall be valid only if provided in a separate writing signed by an authorized representative of each Party. 34. EFFECTIVE DATE AND AUTHORITY -This Agreement shall become effective as of the Effective Date of this Agreement upon the authorized execution on behalf of both Parties provided, however, this Agreement shall become effective only upon acceptance by the City as provided in the City's Charter and if signed by the Mayor of the City of Delray Beach. a. This Agreement and other agreements, easements, permits and leases between the Parties as contemplated in this Agreement must be agreed upon by both the City and Delray Beach Wi-Fi and fully authorized and signed on paper by both Parties within 90 days after the date of this Agreement. b. As of the Effective Date of this Agreement, City is not aware of any court actions, City Council ordinances or pending actions, civil actions, challenges, laws, regulations or claims asserted or threatened, that if successful, would result in Delray Beach Wi-Fi not having all of the rights to perform as described in this Agreement. If after 120 days after the effective date of this Agreement, the City or Delray Beach Wi-Fi determines that sufficient progress has not been made or the conditions above have not been satisfied, then either Party may immediately terminate this Agreement, subject to all applicable law, upon written notice to the other. If the Network for Free Service is not operational within 180 days from the Effective Date of this Agreement, the City has the option to immediately terminate this Agreement. 35. DISPUTE RESOLUTION PROCESS Prior to termination of this Agreement or any litigation occurring between the Parties, each party agrees to attempt to informally resolve their dispute by mediation between authorized representatives of each Party. Such mediation shall not be less than two (2) hours in duration, and the Parties shall each act in good faith in attempt to so resolve their dispute. Such costs of mediation shall be equally divided among Delray Beach Wi-Fi and the City. 36. Intentionally deleted. 37. NETWORK UPGRADE. Delray Beach Wi-Fi shall upgrade the Network from time to time in its sole discretion and at its sole expense in order to take advantage FTL:2153222:2~ 15 of technology improvements and to ensure that its service offerings are competitive in the consumer marketplace. The Parties note that one of Delray Beach Wi-Fi's vendors, Cisco Systems, routinely provides software upgrades; these will be installed timely by Delray Beach Wi-Fi as such upgrades become available, but in no event greater than 90 days after the date such upgrades are made available to Delray Beach Wi-Fi by Cisco Systems. Delray Beach Wi-Fi acknowledges that it is its intent to upgrade its system speeds as necessary to compete with similarly situated wireless broadband service providers in the market to ensure its end users have competitive product offerings, as determined in Delray Beach Wi-Fi's sole discretion. Delray Beach Wi-Fi agrees that it shall upgrade the Network providing both (i) free high speed Internet Access to the Free Digital Divide Households, and (ii) Free Service in the Free Service Zone on the same basis as it upgrades its remaining Network. 38. DEFAULT/RIGHT TO CURE. In the event Delray Beach Wi-Fi fails to fulfill a material obligation under this Agreement within the time period otherwise provided herein ("Default"), and has received a written notice of Default from the City, then, within thirty (30) days of receipt of such notice, Delray Beach Wi-Fi shall cure such Default, provided however, if such Default is unable to be cured within such third (30) day period, and Delray Beach Wi-Fi is undertaking reasonable efforts to effectuate a prompt cure, then Delray Beach Wi-Fi shall be afforded a period of time, up to an additional thirty (30) days, to complete its cure. If Delray Beach Wi-Fi does not complete its cure in accordance with the foregoing, or to the extent otherwise permitted in this Agreement, City may immediately terminate this Agreement, provided however, that any such termination shall in no way affect Delray Beach Wi-Fi's ability to continue provide, or the manner in which it provides, its Services to users apart from this Agreement. 39. AGREEMENT WITH FLORIDA POWER AND LIGHT. The City and Delray Beach Wi-Fi agree and acknowledge that Delray Beach Wi-Fi shall negotiate and enter into the Pole Sharing Agreements directly with FPL. Within ninety (90) from the Effective Date of this Agreement, Delray Beach Wi-Fi shall provide the City with: (a) evidence that no assets owned by third parties are required for Delray Beach Wi-Fi to perform under this Agreement; or (b) fully executed Pole Sharing Agreements. In the event Delray Beach Wi-Fi is unable to satisfy the requirements under this Section 39, then the City has the right to terminate this Agreement immediately upon delivery of written notice to Delray Wi-Fi. Termination by the City pursuant to this Section 39 shall not be subject to Sections 35 and 38. [Remainder of Page Left Blank Intentionally.] FTL:2153222:2$ 16 IN WITNESS WHEREOF, the Parties acknowledge and accept the terms, conditions and obligations of this Agreement as evidenced by the following signatures of their duly authorized representatives. It is the intent of the Parties that this Agreement shall become operative on the Effective Date. CITY By: _ Name: Title: DELRAY BEACH ~'IE~, I~ELLC By: _ Name: Title: FTL:2153222:23_ 17 EXHIBITS EXHIBIT A: Definitions Defined terms not otherwise defined in this Agreement will have the meanings set forth below. a. "Commission" or "City Commission" means the City Council of City. b. "Deliverable(s)" means the work and result of the implementation, installation or consulting services that are provided to the City under this Agreement resulting in a component of the Network or the Services. c. "Delray Beach Wi-Fi" is a elaware limited liability comnanv whose majority stee~~ehle~owner is a-Path Communications, Inc. and whose minority stesl~ielderowner is ATC International, Inc. d. "Design Control Documents" means the documents that describe the design of the Network and location of devices in the City that is mutually agreed upon by City and Delray Beach Wi-Fi. e. "Digital Divide" means the supplying of high speed internet access at a minimum rate of 512 kps. f. "Free Digital Divide Households" means those households entitled to receive free high speed Internet access in accordance with Section 13 of the Agreement. The Free Digital Divide Households are not subject to the Service restrictions applicable to the Free Service in the Free Service Zone as those terms are defined herein. g. "Free Service" means up to four (4) hours of free public access outdoors per day per user for high speed Internet access in the Free Service Zone. h. "Free Service Zone" means the Atlantic Avenue corridor which shall span three (3) blocks north and three (3) blocks south along Atlantic Avenue from I-95 to the ocean. i. "Material Change of Service" as used in Section 6 means (1) a reduction in broadband internet access bandwidth by Dekay Beach Wi-Fi to speeds consistently below 512 Kbps or (2) a reduction in the coverage level as set forth in Exhibit C. j. "Party" means either of City or Delray Beach Wi-Fi. k. "Parties" means both City and Delray Beach Wi-Fi. FTL:2153222:2$ 18 1. "Person" means any individual natural person, firm, partnership, joint venture, entity, society, organization, club, association, trustee, trust, corporation, company or organization of any kind. m. "Services" means the voice, data, broadband, video and mobile communications and related products and services offered by Delray Beach Wi-Fi, including those described in any Statement of Work, including without limitation the Wireless Services made available to Subscribers, and the consulting, design, installation, implementation and maintenance services. n. "Schedule of Performance" means any event described in the Schedule of Performance Exhibit. o. "Subscribers" means any Person, that subscribes and pays for the Wireless Services provided pursuant to the Network. p. "Subscriber Access Agreement" means the agreement Delray Beach Wi-Fi requires Subscribers to accept or agree to in order to access and utilize the Services via the Network, a form of which is attached as Exhibit H. q. "Network" is defined on the first page of this Agreement, including the equipment installed by or on behalf of Delray Beach Wi-Fi in the City used to provide the Services described in this Agreement. r. "Underlying Rights" means all deeds, leases, easements, rights-of--way agreements, licenses, franchises, permits, grants and other rights, titles and interests that are necessary for the construction, installation, maintenance, operation, use or repair of the Network. s. "Users" means the individual computers authorized by a Subscriber to access or use the Wireless Services. t. "Wireless Services" means the services that enable communication through a wireless network using the Network without the need for cable or wire lines connecting the peripheral equipment to the Network. FTL:2153222:23_ 19 Exhibit B Network Description The Network shall consist of Wireless nodes, apoint-to-multipoint fixed wireless backhaul network and microwave point-to-point high capacity backhaul links and the Delray Beach Wi-Fi backbone POP and Internet backbone connectivity. The Wireless layer shall initially be in a point to point and mesh configuration and shall include up to 30 mesh Wireless router nodes per square mile which shall be compatible with standard 802.11 b/g networking devices. Nothing herein shall prevent Delray Beach Wi-Fi from upgrading the Network to include emerging industry standards and specifications to meet market demands. Delray Beach Wi-Fi shall specify use of 200 mW 802.11 b/g Wi-Fi equipment with 12 dBi high gain directional antenna in order to achieve indoor coverage. The point to multipoint backhaul connectivity shall include devices that operate in 5.7 GHz, 5.2 GHz, and 900 MHz unlicensed spectrum. Delray Beach Wi-Fi may utilize devices that operate in other unlicensed spectrum bands in order to meet the SLAB in Exhibit F and market demands, provided such use does not cause interference with any pre-existing users. FTL:2153222:2~ 20 Exhibit C-Schedule of Performance Delray Beach Wi-Fi shall 1) Complete construction of the Free Service in the Free Service Zone, which shall be operational within 180 days of the Effective Date of this Agreement; 2) Build, activate portion of City east of I95 - 60 days thereafter; 3) Build, activate portion of City that is west of I95 - 60 days thereafter. Free Service Delray Beach Wi-Fi shall offer Free Service outdoors only for up to 4 hours daily per user in the Free Service Zone, as designated in the Agreement. Users enjoying the Free Service shall receive minimum prescribed speeds of 512 kbs and an availability rate of not less 90%. It is Delray Beach Wi-Fi's intention to provide such users with the same quality and excellence in user experience and customer support as other users of the Network. FTL:2153222:2,3 21 EXHIBIT D -City-Owned Assets Delray Beach Wi-fi shall be entitled to use City-owned Assets, upon the prior approval of the City, as determined by the City in its sole discretion, and where there are no other conflicting uses. City-owned Assets are defined as City structures that are able to be used for installation of Wi-Fi equipment, including such things as buildings, poles, and retractable towers, but do not include any City network. If there is no asset available, whether a City-owned Asset or third-party asset, to which it is technically or economically feasible for Delray Beach Wi-Fi to attach, which is necessary for the provision of Free Service in the Free Service Zone, then Delray Beach Wi-Fi shall have no obligation to provide the Free Services in those areas where coverage is affected by Delray Beach Wi-Fi's inability to attach its equipment, without any liability or additional obligation to Dekay Beach Wi-Fi. FTL:2153222:~ 22 Exhibit F-Service Level Agreement If necessary, the Parties shall work together in good faith to develop and agree upon additional service level agreements as are reasonable and advisable. Such SLAB, if determined necessary, shall be finalized on a schedule to be agreed and appended to this Agreement by Delray Beach Wi-Fi and the City. Targeted SLAB for Wireless Broadband Network Operation CATEGORY DEFINITION SERVICE LEVEL MEASUREMENT Network Coverage FREE SERVICE ZONE Indoor coverage as 90% outdoor coverage measured on ground floor of building in a ALL OTHER AREAS room on outer edge of 70% indoor and outdoor building facing the coverage Access Point utilizing a 12 dBi high gain antenna and 200 mW CPE radio etwork Reliability a reliability of the 5% uptime esh Layer onnection from the etwork Interface evices, such as mesh Wi i router nodes to Delra each Wi-Fi certifie ustomer premises quipment (CPE) etwork Reliability - e reliability of the 5 % uptime easure daily and repo ackhaul onnection from the onthly. Tool: Remedy etwork Interface etwork Managemen evices, such as mesh Wi- System. i router nodes or Point t ultipoint Tower Access oint equipment, to th elray Beach Wi-F' ystem Facilities. etwork Outages of to exceed 4 continuous o be defined ours i-Fi Broadban 0% of outdoor locations roducts Performance or FREE SERVICE riteria ONE, and 70% o utdoor and indoo ocations for ALL OTHE REAS within coverage rea capable of achievin inimum 1 Mbp pstream / 1 Mbp ownstream connection. P Address Pool vailabili of IP =70% utilization er oo D - will determine FTL:2153222:2~ 23 ddresses wit ' esignated IP Addres ools r such lower utilizatio ate resulting from ARIN's llocation of IP addresses. ethodology aintenance can Time to Response ritical <= 3 hours easure daily and repo ajor <= 6 hours onthly. inor <= 24 hours [TBD] days advanc ritical: The conditio otification for schedule ' pacts approximatel intenance activity. 10% of Service o be defined Subscribers. ajor: The conditio acts approximately 5% r more (up to Critics evel) Service Subscribers. inor: The conditio 'mpacts less than 1% ervice Subscribers. ustomer Care verage Speed to Answe 80% of all inbound calls t easure daily and repo ASA) Calls fro Service Provider Tier 1 onthly. Tools: ACD Subscribers to Service Tie ill be answered wit ' Switch Reporting. 1 Agents. 180 seconds Note: All percentages and numbers of performance are subject to Force Majeure Reporting/ Right to Cure. Unless otherwise specified, all Service Levels referenced above shall be calculated and reported on a monthly basis. To the extent Delray Beach Wi-Fi is unable to meet the specified Service Level(s) during more than 25% of the applicable reporting period ("Minimum Performance Threshold"), then Delray Beach Wi-Fi shall cure such deficiency within 30 days of the last reporting period. If Delray Beach Wi-Fi is unable to cure such deficiency within the 30 day period, or if Delray Beach Wi-Fi fails to meet the Minimum Performance Threshold for a given Service Level during two (2) reporting periods (each reporting period is monthly) within any six (6) month period, then City may immediately terminate this Agreement upon written notice to Delray Beach Wi-Fi. The Service Level obligations of Delray Beach Wi-Fi, and the rights of City granted under this Section are fully subject to all Force Majeure Events and the provisions of Section 18 of the Agreement. FTL:2153222:23_ 24 EXHIBIT F-1 -- Continuous and Centralized Network monitoring/performance management and Costumer Care Using WCS Software network managers design, control, and monitor wireless mesh networks from a centralized network operations center. With the WCS Software, administrators have a solution for RF prediction, policy provisioning, network optimization, troubleshooting, user tracking, security monitoring, and WLAN systems management. Graphical interfaces make wireless LAN deployment and operations simple and cost-effective. The NOC will have the tools to monitor all aspects of the System in real-time, with the tools that will be available to maintain the health of the System. Logs and Reports Pertinent information will be logged, such as who is connected to which node, the amount of traffic any client is transferring, System bandwidth utilization, failed login attempts, etc. • This information will be readily available to System management at all times. • Designated personnel will have access to reports and statistics on the entire System and its use. • Automated reporting is expected, outlining both the state of the equipment (operational and non-operational elements) as well as the full log of customer support issues (no connectivity, low signal, slow speed, blocked ports, etc.), component utilization. • Proactive Capacity Planning, Modeling, and Reporting - Overall System `health' - POP - Network Backhaul - Wireless Broadband Network - Service Models Use and Consumption Alarm and Error Management Support for error/fault prediction, prevention, and correction capabilities. The network devices will be able to send alarms to a central management station and monitoring personnel. Whenever possible, self-healing capabilities are highly desirable to keep the System running healthy. The solution is able to isolate defective components in order to keep the rest of the System operational. • Support for Simple Network Management Protocol (SNMP) industry standards. • Identify and remove abusive nodes and/or consumer • Rogue Access Point or Base Station • Denial of Service Attacks • Attempts to continuously capture/use excessive bandwidth • Failed and failing equipment FTL:2153222:23 25 Network administrators will use the Cisco Wireless Mesh Networking Solution with access to dynamic, system wide RF management, including a host of features for smooth wireless operations, such as dynamic channel assignment, transmit power control, and load balancing. A single graphical interface is used for system-wide policies, including VLANs, security, and QoS. Delray Beach Wi-Fi engineers can also use Cisco WCS Software to perform wireless mesh planning, configuration, and management. Using WCS Software network managers design, control, and monitor wireless mesh networks from a centralized network operations center. With the Cisco WCS Software, administrators have a solution for RF prediction, policy provisioning, network optimization, troubleshooting, user tracking, security monitoring, and WLAN systems management. NOC Operational Support Services The OSS will perform branded Tier 1 call center services in support of the Delray Beach Wireless Network. Call Center will accept inbound end-user telephone calls to the Call Center 24x7x365. Each customer will be provided with Call Center telephone number for use for end-user related calls. The Call Center provides Level 1 end-user related technical support and addresses customer service issues such as difficulty with sign-up, SSID configuration, log in difficulties and password resets. If the end-user has other questions or his or her questions are outside of the scope of the Call Center, the Call Center staff will direct end-users to the NOC to obtain their answers. Call Center calls will be logged with information on call center tickets including open and closed tickets as well as new user tickets. Best effort is made to resolve any customer concerns immediately. Guaranteed response time is within 6 hours for a residential client and 3 hours for a commercial client. Technical Support: Basic WiFi card driver help The Call Center will attempt to determine if the end-user has a working WiFi Card that is locating a Wireless Signal by using guidelines set for the most common types of WiFi Cards. SSID configuration The Call Center will verify what the correct SSID is for the location that an end user is accessing. The Call Center will attempt to verify that the end-user has the correct SSID set in their Network Connection, using a basic guideline developed for the most common operating systems, and the most common WiFi cards. FTL:2153222:2$ 26 Login difficulties The Call Center will review with the end-user the correct format for the username on the log in pages. The Call Center will attempt to verify that the correct settings are enabled in the end-user's browser, and verify that the end-user is not using security software that maybe blocking access. Network outage notification The Call Center will email a notice to the network operator if they are unable to ascertain that a location is functioning. This notice will be sent via the system using the trouble ticket system and only after three instances have been received, by the Call Center, on the same issue from the same location. If a network operator is going to be taking a location offline or otherwise is aware of a location not functioning, it is their responsibility to contact Call Center of this outage. Location specific coverage issues The Call Center will verify the Location details of the Hotspot that the end-user is accessing, and will direct the end-user to any specific coverage Location that is listed on the providers directory. E-mail The Call Center will provide the end-user with the settings needed to send and receive email over a wireless connection using the most common email programs. If end-user has any other questions, hey will be directed to the network operator/service provider to obtain their answers. All end-user questions will be directed to the network operator/service provider via an email. Basic Support General questions regarding Service & Locations: The Call Center will answer general questions about how WiFi Service works. For example, "Do I need a wireless card" or "How do I use the service," or "Is my connection secure?" The Call Center will access the network operator/service provider's sign-up page to answer questions about service. The Call Center will also verify for the caller where service is available by accessing the directory. New account sign-up The Call Center will encourage the end-user to access the network operator's sign-up pages to create a new account. The Call Center will determine which sign-up pages to use based on the phone number dialed into by the end-user. The Call Center will only sign-up users that can get to the login page (either by re-direct or entering the direct URL), but are having problems with the sign-up process itself. Password changes The Call Center will reset a password on an existing end-user's account. Usage and roaming questions: FTL:2153222:2$_ 27 The Call Center will relay any information that they have available to them via the Web Interface regarding the end-user's historical usage. If end-user has any other questions they will be directed to the network operator/service provider to obtain their answers. All end-user questions will be directed to the network operator/service provider via an email sent by the Call Center. Delray Beach Wi-Fi customer care is built from the ground up using service orientated architecture (SOA). Our 24/7/364 call center is United States based. Our customer care representatives have extensive training. They know the answers to our customers' requests and solutions occur quickly. Ease and speed, caring for and responding to our customer's questions, comments and concerns, is the company's high priority. When a customer concern cannot be answered in the initial call, the customer care representative will file a report with the System Administrator within 6 business hours. By way of example: when a member of our Customer Care team (call center) is unable to address the concern, ticket number will be issued and logged. Customer Care member will forward the ticket number to NOC Team and they will work with the client on resolving the issue and closing the ticket. Guaranteed response time is within 6 hours for residential and within 3 hours for a commercial client. Software solutions will be remedied through the Network Operating Center. Hardware issues will be handled on-site by the maintenance team. A service desk that acts proactively is critical to any business customer with e-services. Delray Beach Wi-Fi utilizes the Service Oriented Architecture (SOA) approach as our customer support and Fulfillment OSS standards to ensure prompt response and call tracking. Delray Beach Wi-fi utilizes a comprehensive, scalable IT service desk solution based on a unified configuration management foundation. We can easily streamline IT service processes as well as manage the IT service life cycle through comprehensive service level management capabilities. Built on ITIL principles and leveraging industry best practices, our process enables us to manage IT services and provide effective controls for our critical service support and service delivery processes. Features include: • Complete Help Desk Management solution handles end user calls as well as automated alerts and events from infrastructure management solutions • Comprehensive Change Management solution to control IT infrastructure change and improve service availability FTL:2153222:23 28 Exhibit G -Additional Work and Safety Requirements This Exhibit G contains minimum requirements and specifications governing use and occupancy of City's mounting assets or those of third parties. Delray Beach Wi-Fi's facilities shall be placed and maintained in accordance with the requirements and specifications of the rules and regulations of the Public Utilities Commission, including General Order No. 95 (G.O. 95), the National Electrical Code (NEC), the National Electrical Safety Code (N.E.S.C.), the rules and regulations of the Occupational Safety and Health Act (OSHA), all of which are incorporated by reference into this Exhibit G, and of any governing authority having jurisdiction over the subject matter. Where difference in specifications may exist, the more stringent shall apply. All requirements of the National Electrical Safety Code referred to in this Agreement shall mean the current edition of such code and shall include any additional requirements of any applicable Federal, State, County or Municipal Code or regulatory body, including the State Public Utilities Commission, with jurisdiction over City. Reference to either the Safety Code, or to N.E.S.C., have the same meaning. Upon completion of work, Delray Beach Wi-Fi shall remove all of its tools, unused materials, wire clippings, cable sheathing and any other similar matter. All of Delray Beach Wi-Fi's wiring, cables, equipment and facilities shall be firmly secured and supported to the satisfaction of City's authorized representative or applicable South Florida Building Code requirements. All of Delray Beach Wi-Fi's cables, equipment and facilities shall be plainly identified with a firmly affixed tag of a type and wording satisfactory to City. Delray Beach Wi-Fi shall require that all its work crews or any of its contractors and subcontractors: (i) are familiar with all power line rules, requirements, regulations, standards and guidelines under G.O. 95 and N.E.S.C.; (ii) survey the area in which work is to be performed before commencing such work and make a determination that the required work can be completed safely; (iii) survey the area in which work is to be performed before commencing work and make a determination that any electrical power lines are in conformance with G.O. 95 and N.E.S.C.; and (iv) proceed with such work only upon making such determinations. If the work crew determines that such work cannot proceed safely, or if such electrical power lines are not in compliance with either G.O. 95 or N.E.S.C., Delray Beach Wi-Fi shall immediately notify City of such condition, in detail, and shall not commence work at such location until so directed by City. It is understood and agreed by Delray Beach Wi-Fi that there is no instance in which it is safe or proper for a Delray Beach Wi-Fi worker (whether working for or on behalf of Delray Beach Wi- Fi), or a worker's equipment, to come into contact with the electrical current from an energized electrical power line. FTL:2153222:23 29 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: LULA BUTLER, DIRECTOR OF COMMUNTY IlVIPROVEMENT ELIZABETH ALPERT, COMMUNITY DEVELOPMENT ADMINISTRATOR THROUGH: CITY MANAGER~~~ DATE: April 12, 2007 SUBJECT: AGENDA ITEM # ~ • ~ -REGULAR MEETING OF APRIL 17.2007 AGREEMENT BETWEEN CITY AND PALM BEACH COUNTY FOR THE DEMOLITION OF CARVER ESTATES ITEM BEFORE COMMISSION Approval of an Agreement between the City and Palm Beach County in order for the City to implement Disaster Recovery Initiative (DRI) funding in connection with the Demolition of Carver Estates. BACKGROUND At the July 11, 2006 meeting, City Commission approved a request for staff to apply through Palm Beach County Housing and Community Development for funds to assist in disaster relief, long term recovery, restoration of housing and infrastructure funding under the 2005 Department of Community Affairs Disaster Recovery Initiative (DR17. Under this initiative the City was granted $900,000 in funding to demolish 200 units within Carver Estates as well as the administrative buildings/offices of the Delray Beach Housing Authority. Palm Beach County has entered into a Contract with the State of Florida, Department of Community Affairs, in connection with the State's 2005 DRI program, allowing the City to now be allocated the $900,000 in funding to begin project implementation for the Demolition of Carver Estates. FUNDING SOURCE Staff recommends transferring funds from General Fund prior year surplus to provide upfront funding to be reimbursed by the Disaster Recovery Initiative allocation. RECOMMENDATION Staff recommends approval of the Agreement between the City and Palm Beach County so that the City may move forward in its implementation of the Demolition of Carver Estates project through the Disaster Recovery Initiative (DRI) program. AGREEMENT BETWEEN PALM BEACH COUNTY AND CITY OF DELRAY BEACH THIS AGREEMENT, entered into this day of , 20_, by and between Palm Beach County, a political subdivision of the State of Florida, and the City of Delray Beach, a municipality duly organized and existing by virtue of the laws of the State of Florida, having its principal office at 100 NW 1st Avenue. Delrav Beach. FL 33444. WHEREAS, Palm Beach County has entered into a Contract (number 07DB-3V-10-60-01-Z07) with the State of Florida, Department of Community Affairs, in connection with the State's 2005 Disaster Recovery Initiative Program which the State is implementing forthe use ofgrantfunds provided by the United States Department of Housing and Urban Development under its Community Development Block Grant Program; and WHEREAS, the City of Delrav Beach was allocated certain funds under said Contract to implement specified activities under the 2005 Disaster Recovery Initiative Program; and WHEREAS, Palm Beach County desires to engage the Citv of Delrav Beach to implement the activities associated with the funds allocated to it. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed as follows: PARTI DEFINITIONS. PURPOSE AND APPLICABLE CONDITIONS DEFINITIONS (1) "County" means Palm Beach County. (2) "CDBG" means the Community Development Block Grant Program of the United States Department of Housing and Urban Development. (3) "HCD" means Palm Beach County Housing and Community Development. (4) "Municipality" means the City of Delrav Beach. (5) "State" means the State of Florida, Department of Community Affairs. (6) "Contract" means contract number 07DB-3V-10-60-01-Z07 between Palm Beach County and the State of Florida, Department of Community Affairs. (7) "HCD Approval" means the written approval of the HCD Director or his designee. (8) "U.S. HUD" means the Secretary of Housing and Urban Development or a person authorized to act on its behalf. PURPOSE The purpose of this Agreement is to state the covenants and conditions under which the Municipality will implement the Scope of Services set forth in Part II of this Agreement. IIaye 1 0¢ 17 City of Delray Beach APPLICABLE CONDITIONS The Municipality shall be bound by the Contract to the extent applicable to this Agreement. Furthermore, the conditions applicable to the activities undertaken in connection with this Agreement shall include but not be limited to those listed below (as they may be amended from time to time). Palm Beach County's failure to list verbatim or make reference to a regulation, statute, ordinance, reference, or any other document affecting the Municipality, shall not relieve the Municipality of compliance with any applicable regulation, statute, ordinance, or any other document not listed below. The County reserves the right, but not the obligation, to inform the Municipality of any such applicable regulation, statute, ordinance, or any other document, and to require the Municipality to comply with the same. Community Development Block Grant, Final Rule, 24 C.F.R., Part 570; Florida Small and Minority Business Act, s 288.702-288.714, F.S.; Florida Coastal Zone Protection Act, s 161.52-161.58, F.S.; Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, F.S.; Title I of the Housing and Community Development Act of 1974, as amended; Treasury Circular 1075 regarding drawdown of CDBG funds; Sections 290.0401-290.049, F.S.; Rule Chapter 96-43, Fla Admin. Code.; Department of Community Affairs Technical Memorandums; HUD Circular Memorandums applicable to the Small Cities CDBG Program; Single Audit Act of 1984; National Environmental Policy Act of 1969 and other provisions of law which further the purpose of this Act; National Historic Preservation Act of 1966 (Public Law 89-665) as amended and Protection of Historic Properties (24 C.F.R., part 800); Preservation of Archaeological and Historical Data Act of 1966; Executive Order 11593 -Protection and Enhancement of Cultural Environment; Reservoir Salvage Act; Safe Drinking Water Act of 1974, as amended; Endangered Species Act of 1958, as amended; Executive Order 12898 -Environmental Justice Executive Order 11988 and 24 C.F.R. Part 55- Floodplain Management; The Federal Water Pollution Control Act of 1972, as amended (33 U.S.C., s 1251 et. seq.); Executive Order 11990 -Protection of Wetlands; Coastal Zone Management Act of 1968, as amended; Wild and Scenic Rivers Act of 1968, as amended; Clean Air Act of 1977; HUD Environmental Standards (24 C.F.R. Part 58); Farmland Protection Policy Act of 1981; Clean Water Act of 1977; Davis -Bacon Act; Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. s. 327 et. seq.; The Wildlife Coordination Act of 1958, as amended; The Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1975 (42 U.S.C., s. 6901 et. seq.; Noise Abatement and Control: Departmental Policy Implementation, Responsibilities and Standards, 24 C.F.R. Part 51, Subpart B; Flood Disaster Protection Act of 1973, P.L. 92-234; Protection of Historic and Cultural Properties under HUD Programs, 24 C.F.R. Part 59; Coastal Zone Management Act of 1972, P.L. 92-583; Architectural and Construction Standards; Architectural Barriers Act of 1968, 42 U.S.C. 4151; Executive Order 11296, relating to the evaluation of flood hazards; Executive Order 11288, relating to prevention, control and abatement of water pollution; Cost-Effective Energy Conservation Standards, 24 C.F.R., Part 39; Section 8 Existing Housing Quality Standards, 24 C.F.R., Part 882; Coastal Barrier Resource Act of 1982; Federal Fair Labor Standards Act, 29 U.S.C. s. 201 et. seq.; Title VI of the Civil Rights Act of 1964 - Non-discrimination; Title VII of the Civil Rights Act of 1968 - Non-discrimination in housing; Age Discrimination Act of 1975; Executive Order 12892 -Fair Housing; Section 109 of the Housing and Community Development Act of 1974, Non-discrimination; Section 504 of the Rehabilitation Act of 1973 and 24 C.F.R., Part 8; Executive Order 11063 - Equal Opportunity in Housing; Executive Order 11246 - Non- discrimination; Section 3 of the Housing and Urban Development Act of 1968, as amended - Employment /Training of Lower Income Residents and Local Business Contracting; Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, P.L. 100-17, and 49 C.F.R. Part 24; Copeland AntiOKickback Act of 1924; Hatch Act; Title IV Lead-Based Paint Poisoning Prevention Act (42 U.S.C. s. 1251 et. Hays 2 0~ 17 City of Delray Beach seq.); OMB Circulars A-87, A-122 and A-133, as revised; Administrative Requirements for Grants, 24 C.F.R. Part 85; Section 102 of the Department of Housing and Urban Development Reform Act of 1989 and 24 C.F.R. Part 12; Emergency Rule 9BER05-2, CDBG Disaster Recovery Funds; HUD program requirements for disaster recovery projects as published in Federal Register, Vol. 69, No. 237 (December 10, 2004) [Docket No. FR- 4959 - N-01]. Hays 3 0~ 17 City of Delray Beach PART II SCOPE OF SERVICES The Municipality shall, in a satisfactory and proper manner as determined by HCD, perform the tasks necessary to conduct the program outlined in Exhibit "A" as attached hereto and made a part hereof. PART III COMPENSATION, TIME OF PERFORMANCE. METHOD. AND CONDITIONS OF PAYMENT MAXIMUM COMPENSATION The Municipality agrees to accept as full payment for services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and HCD Director ordesignee-approved expenditures and encumbrances made by the Municipality under this Agreement, which shall not be unreasonably withheld. Said services shall be performed in a manner satisfactory to HCD. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of 900 000 (as more specifically detailed in Exhibit A hereto) for the period of Aoril 15.2007 through and including December 31.2007. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the County. TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds forthis project under State Contract number 07D6- 3V-10-60-01-Z07. The effective date shall be the date of execution of this Agreement, and the services of the Municipality shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the Municipality prior to December 31, 2007. 3. METHOD OF PAYMENT The County agrees to make payments and to reimburse the Municipality for all budgeted costs permitted by Federal, State, and County guidelines. The Municipality shall not request reimbursement for payments made by the Municipality before the effective date of this Agreement, nor shall it request reimbursement for payments made after the expiration date of this Agreement, and in no event shall the County provide advance funding to the Municipality or any subcontractors hereunder. The Municipality shall request payments or reimbursements from the County by submitting to HCD proper documentation of expenditures consisting of originals of invoices, receipts, or other evidence of indebtedness, and when original documents cannot be presented, the Municipality may furnish copies if deemed acceptable by HCD. Payment shall be made by the Palm Beach County Finance Department upon presentation of the aforesaid proper documentation of expenditures as approved by HCD. The Municipality may at any time after the expiration of this agreement request from the County reimbursement for payments made by the Municipality during the term of this Agreement by submitting to HCD the aforesaid proper documentation of expenditures, and the Palm Beach County Finance Department shall make payment as stated above, provided that HCD has determined that the funds allocated to the Municipality through this agreement are still available for payment, and provided that HCD approves such payment. 4. CONDITIONS ON WHICH PAYMENT IS CONTINGENT (1) IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The Municipality shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in HCD Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by HCD. No payments for projects funded by more than one funding source will be made until a cost allocation plan has been approved by the HCD Director or designee. Should a project receive additional funding after the commencement of this Agreement, the Municipality shall notify HCD in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by the HCD Director or designee within forty-five (45) days of said official notification. (2) FINANCIAL ACCOUNTABILITY The County may have a financial systems analysis and/or an audit of the Municipality, or of any of its subcontractors, by an independent auditing firm employed by the County IIaye 4 0~ 17 City of Delray Beach or by the County Internal Audit Department at any time the County deems necessary to determine if the project is being managed in accordance with Federal, State, and County requirements. (3) SUBCONTRACTS Any work or services subcontracted hereunder shall be specifically by written contract, written agreement, or purchase order. All subcontracts shall be submitted by the Municipality to HCD and approved by HCD prior to execution of any subcontract hereunder. All subcontracts shall be subject to Federal, State and County laws and regulations. This includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Palm Beach County Engineering Department and U.S. HUD. Contracts for architecture, engineering, survey, and planning shall be fixed fee contracts. All additional services shall have prior written approval with support documentation detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justify the "Fixed Fee Contract." Reimbursables will be at cost. None of the work or services covered by this Agreement, including, but not limited to, consultant work or services, shall be subcontracted or reimbursed without prior written approval of the HCD Director or his designee. (4) PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Palm Beach County Purchasing Code, as well as Federal Manage- ment Circulars A-87, A-102, A-128, and 24CFR Part 85 (also known as the Common Rule), which are incorporated herein by reference. (5) REPORTS. AUDITS. AND EVALUATIONS Payment will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. (6) ADDITIONAL HCD. COUNTY. AND U.S. HUD REQUIREMENTS HCD shall have the right under this Agreement to suspend or terminate payments if after 15 days written notice the Municipality has not complied with any additional conditions that may be imposed, at any time, by HCD, the County, the State, or U.S. HUD. (7) PRIOR WRITTEN APPROVALS-SUMMARY The following activities among others require the prior written approval of the HCD Director or designee to be eligible for reimbursement or payment: (a) All subcontracts and agreements pursuant to this Agreement; (b) All change orders; (c) All requests to utilize uncommitted funds after the expiration of this Agreement for programs described in Exhibit A. (8) PROGRAM-GENERATED INCOME All income earned by the Municipality from activities financed in whole or in part by funds provided hereunder must be reported to HCD. Such income would include, but not be limited to, income from service fees, sale of commodities, and rental or usage fees. The Municipality shall report its plan to utilize such income to HCD, and said plan shall require the prior written approval of the HCD Director or designee. Accounting and disbursement of such income shall comply with OMB Circular A-110 and other applicable regulations incorporated herein by reference. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a), may be retained by the Municipality. Program Income shall be utilized to undertake activities specified in Exhibit A of this Agreement, and all provisions of this Agreement shall apply to said activities. Any Program Income on hand at, or received after, the expiration of this Agreement shall be returned to the County. Hays 5 0~ 17 City of Delray Beach PART IV GENERAL CONDITIONS OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The Municipality agrees that no person shall on the ground of race, color, disability, national origin, religion, age, financial status, or sex be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the County shall have the right to terminate this Agreement. To the greatest extent feasible, 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. The Municipality shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. 2. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Municipality shall make a positive effort to utilize small business and minority/women-owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extentfeasible these small business and minority/women- owned business enterprises shall be located in or owned by residents of the CDBG areas designated by Palm Beach County in the CDBG Annual Consolidated Plan approved by U.S. HUD. 3. PROGRAM BENEFICIARIES At least fifty-one percent (51 %) of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons. The project funded under this Agreement shall assist beneficiaries as defined above for the time period designated in this Agreement. The Municipality shall provide written verification of compliance to HCD upon HCD's request. 4. EVALUATION AND MONITORING The Municipality agrees that HCD will carry out periodic monitoring and evaluation activities as determined necessary by HCD or the County and that payment, reimbursement, or the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement. The Municipality agrees to furnish upon request to HCD, the County, or the County's designees copies of transcriptions of such records and information as is determined necessary by HCD or the County. The Municipality shall submit status reports required under this Agreement on forms approved by HCD to enable HCD to evaluate progress. The Municipality shall provide information as requested by HCD to enable HCD to complete reports required by the County or HUD. The Municipality shall allow HCD, the County, the State, or HUD to monitorthe Municipality on site. Such visits may be scheduled or unscheduled as determined by HCD, the State, or HUD. 5. AUDITS AND INSPECTIONS At any time during normal business hours and as often as HCD, the County, the State, U.S. HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the Municipality to HCD, the County, the State, U.S. HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Municipality agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement. The Municipality shall submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-87, A-102, A-133, and other applicable regulations within one hundred and eighty (180) days after the end of any fiscal year covered by this Agreement in which Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the Municipality's choosing, subject to the County's approval. In the event the Municipality anticipates a delay in producing such audit or audited financial statements, the Municipality shall request an extension in advance of the deadline. The cost of said audit shall be borne by the Municipality. In the event the Municipality is exempt from having an audit conducted under A-133, the Municipality shall submit audited financial statements and/or the County reserves the right to conduct a "limited scope audit" of the Municipality as defined by A- 133. The County will be responsible for providing technical assistance to the Municipality, as deemed necessary by the County. Hays 6 0~ 17 City of Delray Beach 6. DATA BECOMES COUNTY PROPERTY All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the Municipality for the purpose of this Agreement shall be made available to the County by the Municipality at any time upon request by the County or HCD. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HCD if requested. In any event the Municipality shall keep all documents and records for five (5) years after expiration of this Agreement. INDEMNIFICATION Each party to this Agreement shall be liable for its own actions and negligence and, to the extent permitted bylaw, the County shall indemnify, defend, and hold harmless the Municipality against any actions, claims, or damages arising out of the County's negligence in connection with this Agreement, and the Municipality shall indemnify, defend, and hold harmless the County against any actions, claims, or damages arising out of the Municipality's negligence in connection with this Agreement. The Municipality shall also hold the State harmless against all claims of whatever nature arising out of the Municipality's performance of work under this Agreement, to extent allowed and required by law. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statute, section 768.28, nor shall the same be construed to constitute agreement by either party to indemnify the other party for such other party's negligent, willful or intentional acts or omissions. The Municipality shall hold the County harmless and shall indemnify the County for funds which the County is obligated to refund the State or the Federal Government arising out of the conduct of activities and administration of the Municipality. The provisions of this indemnification clause shall survive the termination of this Agreement. 8. INSURANCE Without waiving the right to sovereign immunity as provided by Florida Statute, Chapter 768.28, the Municipality reserves the right to self-insure for General Liability and Automobile Liability under Florida's sovereign immunity statute with coverage limits of $100,000 Per Person and $200,000 Per Occurrence; or such monetary waiver limits that may change and be set forth by the legislature. In the event the Municipality maintains Commercial General Liability or Business Auto Liability, the Municipality agrees to maintain said insurance policies at limits not less than $100,000 Per Person and $200,000 Per Occurrence. The Municipality agrees to endorse Palm Beach Countv Board of Countv Commissioners as an "Additional Insured" to the Commercial General Liability, but only with respect to negligence other than County's negligence arising out of this project or Agreement. This paragraph does not apply to liability policies which afford only indemnity based claims-bill coverage. The Municipality agrees to maintain, or self-insure, Worker's Compensation & Employer's Liability insurance in accordance with Florida Statute, Chapter 440. The Municipality agrees to provide a statement, or Certificate of Insurance, evidencing insurance or self-insurance for the above required coverages, which the Municipality shall deliver to HCD at its office at 160 Australian Avenue, Suite 500, West Palm Beach, Florida 33406. The Municipality agrees its self-insurance or insurance shall be primary as respects to any coverage afforded to or maintained by County. The Municipality agrees compliance with the foregoing insurance requirements is not intended to nor construed to relieve the Municipality of its liability and obligations under this Agreement. 9. MAINTENANCE OF EFFORT The intent and purpose of this Agreement is to increase the availability of the Municipality's services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Municipality. The Municipality agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. 10. CONFLICT OF INTEREST The Municipality covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Municipality. Any possible conflict of interest on the part of the Municipality or its employees shall be disclosed in vyriting to HCD provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate-income residents of the project area. 11. CITIZEN PARTICIPATION IIays 7 0~ 17 City of Delray Beach The Municipality shall cooperate with HCD in the implementation of the Citizen Participation Plan by establishing a citizen participation process to keep residents informed of the activities the Municipality is undertaking in carrying out the provisions of this Agreement. Representatives of the Municipality shall attend meetings and assist HCD in the implementation of the Citizen Participation Plan, as requested by HCD. 12. RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The Municipality will include a reference to the financial support herein provided by HCD in all publications and publicity. In addition, the Municipality will make a good faith effort to recognize HCD's support for all activities made possible with funds made available under this Agreement. 13. AGREEMENT DOCUMENTS The following documents are herein incorporated by reference and made a part hereof, and shall constitute and be referred to as the Agreement; and all of said documents taken as a whole constitute the Agreement between the parties hereto and are as fully a part of the Agreement as if they were set forth verbatim and at length herein: (1) This Agreement, including its Exhibits; (2) Office of Management and Budget Circulars A-87, A-102, A-133, and 24CFR Part 85; (3) Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975, and Title II of the Americans with Disabilities Act of 1990; (4) Executive Orders 11246,11478, 11625,12432, the Davis Bacon Act,. and Section 3 of the Housing and Community Development Act of 1968, and the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended; (5) Executive Orders 11063,12259, 12892, the Fair Housing Act of 1988, and Section 109 of the Housing and Community Development Act of 1974, as amended; (6) Florida Statutes, Chapter 112; (7) Palm Beach County Purchasing Code; (8) Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended; (9) The Municipality's personnel policies and job descriptions; and (10) The Municipality's Certificate of Insurance. (11) Contract number 07D6-3V-10-60-01-Z07 between Palm Beach County and the State of Florida, Department of Community Affairs. All of these documents will be maintained on file at HCD. The Municipality shall keep an original of this Agreement, including its Exhibits, and all amendments thereto, on file at its principal office.. 14. TERMINATION In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the Municipality with funds under this Agreement shall be returned to HCD or the County. In the event of termination, the Municipality shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Agreement by the Municipality, and the County may withhold any payment to the Municipality for set-off purposes until such time as the exact amount of damages due to the County from the Municipality is determined. (1) TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in a 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 in whole or part by giving a fifteen (15) working day written notice of such termination to the other party and specifying therein the effective date of termination. (2) TERMINATION DUE TO CESSATION In the event the grant to the County under the Contract is suspended or terminated, this Agreement shall be suspended or terminated effective on the date the Sate specifies. Hays 8 0~ 17 City of Delray Beach 15. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby it such remainder would then continue to conform to the terms and requirements of applicable law. 16. AMENDMENTS The County may, at its discretion, amend this Agreement to conform with changes required by Federal, State, County, or U.S. HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of the Palm Beach County Board of County Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the Board of County Commissioners and the governing body of the Municipality, and signed by both parties. 17. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to HCD at its office at 160 Australian Avenue, Suite 500, West Palm Beach, Florida 33406, and to the Municipality when delivered to its address on page one (1) of this Agreement. 18. INDEPENDENT AGENT AND EMPLOYEES The Municipality agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not Palm Beach County employees and are not subject to the County provisions of the law applicable to County employees relative to employ- ment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. 19. NO FORFEITURE The rights of the County under this Agreement shall be cumulative and failure on the part of the County to exercise promptly any rights given hereunder shall not operate to forfeit or waive any of the said rights. 20. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance hereof, the Municipality certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a). 21. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of nineteen (19) enumerated pages which include the exhibits referenced herein, shall be executed in three (3) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. THIS SPACE LEFT BLANK INTENTIONALLY IIaye 9 0~ 17 City of Delray Beach 22. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings otherthan those expressly set forth herein. WITNESS our Hands and Seals on this (MUNICIPALITY SEAL BELOW) day of , 20_ BY: By: Approved as to Form and Legal Sufficiency CITY OF DELRAY BEACH Jeff Perlman, Mayor Chevelle D. Nubin, City Clerk BY: Attorney for Municipality (Signature Optional) PALM BEACH COUNTY, FLORIDA, a Political Subdivision of the State of Florida FOR ITS BOARD OF COUNTY COMMISSIONERS By: Robert Weisman, County Administrator Approved as to Terms and Conditions Dept. of Housing and Community Development By: By: Tammy K. Fields Amin Houry, Manager Senior Assistant County Attorney Housing and Capital Improvements S:1Capl mprv12005Disastert2ecoverylnitiativelDelrayBeach_CarverEStateslAgmtMuni.wpd clays 10 0~ 17 City of Delray Beach EXHIBIT A WORK PROGRAM NARRATIVE THE MUNICIPALITY AGREES TO: A. PROFESSIONAL SERVICES: The Municipality shall retain the services of an engineering consultant for this project to provide engineering services to create specifications for the below described demolition of Carver Estates located in the City of Delray Beach. The consultant shall also prepare, obtain and review bids, prepare contract documents, inspect work in progress, recommend payment to contractor and provide other professional services customarily provided by similar professionals on this type of project. The consultant shall also coordinate the design and construction work with the asbestos abatement contractor, should such abatement become necessary. The Municipality's engineering consultantforthis project shall also provide the below described certification upon completion of the project. Alternatively, the Municipality shall have the option of performing any portion of the consultant's services described above by its own engineering staff provided such staff possesses the necessary competency to do so. All costs associated with the above services shall be paid for by the Municipality. B. PROJECT SCOPE :The scope of this project subject to funding availability shall include the following: Demolition of certain buildings (and their appurtenances) known as Carver Estates, as more specifically described below, and as owned by the Delray Beach Housing Authority. Scope of Work: Demolish all buildings, foundations and slabs and dispose of .all materials. Utilizing appropriate engineering controls, (wet methods), that prevent disturbance of possible Category I and Category Ilnon-friable asbestos containing materials. Demolish and dispose of driveways, driveway aprons and materials. Demolish wall and/or fences and dispose of all materials. Remove and cap all water, sewer and drainage facilities pursuant to the location maps and instructions included in the bid packet. The site shall be completely cleared of all demolition debris. The site shall be brought to a level grade, fill shall be provided if necessary, in order to provide a smooth, aesthetically pleasing condition, free of any hazards. Demolish a total of 17 buildings (15 residential and 2 administration buildings), with the following addresses: Bldg A - 791 SW 12th Terrace, Delray Beach, Florida Bldg B - 781 SW 12th Terrace, Delray Beach, Florida Bldg C - 770 SW 12th Terrace, Delray Beach, Florida Bldg D - 760 SW 12th Terrace, Delray Beach, Florida Bldg E - 1220 SW 7th Street, Delray Beach, Florida Bldg F - 1200 SW 7th Street, Delray Beach, Florida Bldg G - 1160 SW 7th Street, Delray Beach, Florida Bldg H - 1140 SW 7th Street, Delray Beach, Florida Bldg J - 1120 SW 7th Street, Delray Beach, Florida Bldg K - 1100 SW 7th Street, Delray Beach, Florida Bldg L - 760 SW 10th Avenue, Delray Beach, Florida Bldg M - 770 SW 10th Avenue, Delray Beach, Florida Bldg N - 780 SW 10th Avenue, Delray Beach, Florida Bldg P - 790 SW 10th Avenue, Delray Beach, Florida Bldg Q - 1111 SW 7th Court, Delray Beach, Florida Bldg R - 1131 SW 7th Court, Delray Beach, Florida Bldg S - 1161 SW 7th Court, Delray Beach, Florida NOTE 1: Cost Allocation -The total amount of $900,000 funded through this Agreement shall be allocated as follows: An amount not to exceed $900,000 for construction expenses associated with the demolition of Carver Estates. The Municipality shall pay all construction costs which exceed the above stated amount. Hays 11 0~ 17 City of Delray Beach NOTE 2: The parties acknowledge that the Municipality provided HCD with a copy of an asbestos survey of the above described buildings to be demolished as prepared in January 2006, by GLE Associates, Inc. (GLE). The Municipality hereby warrants to the County that, at the time of signing of this Agreement, the materials in the buildings to be demolished are in relatively the same condition as in January 2006 when the asbestos survey was conducted by GLE. After the signing of this Agreement, the Municipality shall notify HCD should there be a change in the condition of the materials in the buildings to be demolished. HCD shall then assess the effect on the project of any such changes related to the presence of asbestos in such materials and inform the Municipality of its findings. The Municipality shall delay the demolition while HCD performs its aforementioned assessment, and Municipality shall comply with HCD's determination resulting from its assessment. The parties acknowledge that the asbestos survey report prepared by GLE recommends that the demolition be undertaken using the wet demolition method in compliance with NESHAP (National Emission Standards for Hazardous Air Pollutants) requirements. Accordingly, the Municipality shall include in its bid documents and contract for the demolition work a requirement imposing such wet demolition method (also see Exhibit D attached hereto). The parties acknowledge that based on the aforesaid asbestos survey report, the flooring and mastics in the buildings to be demolished cannot be crushed, abraded, or dissolved during the demolition, nor can these materials and substrates be recycled or salvaged. Accordingly, the Municipality shall include in its bid documents and contract for the demolition work a requirement prohibiting the flooring and associated mastics from being crushed, abraded, or dissolved during the demolition, as well as a prohibition from recycling or salvaging these materials and substrates. NOTE 3: The Municipality shall submit its bid package/drawings/specifications, and an itemized opinion of probable construction cost prepared by its consultant, to HCD and obtain a letter of approval prior to bidding the construction work. The Municipality recognizes that HCD must obtain the approval of the State before it is able to provide such letter, and the Municipality hereby covenants that it shall plan its bid process to allow for the necessary time to fully accomplish this approval process. NOTE 4: Construction work that has been approved for bidding by HCD shall be advertised for bid for a period of not less than twelve (12) days. NOTE 5: The Municipality shall prioritize the work in the, project, and shall bid such work in a manner that would allow the receipt of itemized costs from bidders which would then allow the award of items that can be funded by the budget provided that the extent of work awarded will result in a functioning facility in the opinion of HCD. NOTE 6: The Municipality shall not award the construction contract for the project until sufficient funding is available to complete the established scope of work. All construction work shall be included in one contract. The Municipality shall obtain HCD approval prior to awarding the construction contract to be funded through this Agreement. The Municipality recognizes that HCD must obtain the approval of the State before HCD is able to approve the award of the construction contract, and the Municipality hereby covenants that it shall plan its contract award process to allow for the necessary time to fully accomplish this approval process. After awarding such contract, the Municipality shall obtain HCD approval prior to executing any change orders to such contract. Furthermore, after awarding the construction contract, the Municipality shall provide HCD with a copy of the executed contract, and within thirty (30) days from the execution of the construction contract, the Municipality shall provide HCD with a copy of the prime contractor's schedule for the completion of the construction work under the contract. NOTE 7: Should the construction contract amount for this project exceed the amount to be funded by the County for construction costs through this Agreement, then the Municipality shall fund all amounts in excess of the amount to be funded by the County. The Municipality shall not request the County for reimbursement of any of the County's funds for construction costs until after it has expended all amounts in excess of the amount to be funded by the County. NOTE 8: The Municipality shall not request reimbursement from HCD for materials or equipment received and stored on the project site or elsewhere. IIaye 12 0~ 17 City of Delray Beach NOTE 9: Upon completion of the project, the Municipality shall cause its engineering consultant to provide HCD a written certification. Such certification shall indicate that the project has met the specifications of the design, as may have been amended by change order, and the date of completion of construction. The Municipality further agrees that HCD, in consultation with any parties it deems necessary, shall be the final arbiter on the Municipality's compliance with the above. C. ASBESTOS REQUIREMENTS: The Municipality shall comply with all applicable requirements contained in Exhibit D, attached hereto, for construction work in connection with the project funded through this Agreement. D. DAVIS-BACON ACT: The Municipality shall request the County toobtain aDavis-Bacon wage decision for the project prior to advertising the construction work. The Municipality shall incorporate a copy of the Davis-Bacon wage decision and disclose the requirements of the Davis-Bacon Act in its construction bid solicitation and contract. E. BONDING REQUIREMENTS: The Municipality shall comply with the requirements of 24CFR Part 85 in regard to bid guarantees, performance bonds, and payment bonds. F. CONSTRUCTION PAYMENT RETAINAGE: The Municipality shall apply a retainage of at least 5% on all construction draws which retainages shall be released in conjunction with the final draw upon satisfactory completion of the project. The Municipality agrees not to release such retainages until it has obtained approval from the County that the contractor and subcontractors have complied with the requirements of the Davis-Bacon Act. G. FORMER PROJECTS: The Municipality shall maintain all previously completed CDBG funded projects. Failure to do so will result in forfeiture of future CDBG funds and will delayfunding for ongoing activities. H. WORK SCHEDULE: The time frame forcompletion of the outlined activities shall be December 31.2007. Complete Design & Bid Documents by XX, 2007 Advertise & Accept Bids by XX, 2007 Award Contract by XX, 2007 Start Construction by XX, 2007 Complete Construction by XX, 2007 Submit Final Invoice by Dec 31, 2007 REPORTS: The Municipality shall submit to HCD detailed monthly and semi-annual reports as described below: (a) MONTHLY REPORT: The Municipality shall submit to HCD detailed monthly progress reports in the from provided as Exhibit B to this Agreement. Each report must account for the total activity for which the Municipality is funded under this Agreement. The progress reports may be used by HCD as an additional basis for invoice reimbursement. (b) SEMI-ANNUAL REPORT: The Municipality shall submit to HCD detailed semi-annual reports in the from provided as Exhibit C to this Agreement. During the term of this Agreement, the Municipality shall each 315` day of March submit such report for the prior six month period beginning on the preceding 15c day of October, and ending on said 3155 day of March. In addition, during the term of this Agreement, the Municipality shall each 30"' day of September submit such report for the prior six month period beginning on the preceding 155 day of April, and ending on said 30"' day of September. IIays 13 0~ 17 City of Delray Beach USE OF THE PROJECT FACILITY: The Municipality agrees in regard to the use of the facility/property whose acquisition or improvements are being funded in part or in whole by CDBG funds as provided by this Agreement, that for a period of ten (10) years after the expi- ration date of this Agreement (as may be amended from time to time): (a) The Municipality may not change the use or planned use, or discontinue use, of the facility/property (including the beneficiaries of such use) from that for which the acquisition or improvements are made, unless the Municipality provides affected citizens with reasonable notice of, and opportunity to comment on, any such proposed change and either: 1. The new use of the facility/property qualifies as meeting one of the national objectives defined in the regulations governing the CDBG program, and is not a building for the general conduct of government; or 2. The requirements of paragraph (b) of this section are met. (b) If the Municipality determines after consultation with affected citizens, that it is appropriate to change the use of the facility/property to a use which does not qualify under paragraph (a) (1) of this section or discontinue the use of the facility/property, it may retain or dispose of the facility for such use if the County is reimbursed in the amount of the current fair market value of the facility/property less any portion thereof attributable to expenditures of non-CDBG funds for acquisition of, or improvements to the facilitylproperty. The final determination of the amount of any such reimbursement to the County under this paragraph shall be made by the County. (c) Following the reimbursement of CDBG funds by the Municipality to the County pursuant to paragraph (b) above, the facility/property will then no longer be subject to any CDBG requirements. The provisions of this clause shall survive the expiration of this Agreement. K. SECTION 3 REQUIREMENTS: The Municipality agrees to comply with all Section 3 requirements applicable to contracts funded through this Agreement. Information on Section 3 is available at HCD upon request. The Municipality 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 contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U. S.C. 1701 u (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 contract agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract 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 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. IIays 14 0~ 17 City of Delray Beach (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 obligations 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. THE COUNTY AGREES TO: A. Provide funding for the above specified improvements as described above in "Project Scope", during the term of this Agreement, in the amount of $900,000. However, the County shall not provide any funding for the construction work until the Municipality provides documentation showing that sufficient funds are available to complete the project. B. Provide project administration and inspection to the Municipality to ensure compliance with U.S. HUD and the Department of Labor, and applicable State, Federal and County laws and regulations. C. Monitor the Municipality at any time during the term of this Agreement. Visits may be announced or unannounced as determined by HCD and will serve to ensure compliance with State and U.S. Department of HUD regulations, that planned activities are conducted in a timely manner, and to verify the accuracy of reporting to HCD on program activities. D. The County shall perform an environmental review of the project, and review and approve project design and bids submitted for the work. The County shall also perform Davis Bacon Act Labor Standards monitoring and enforcement. Environmental review costs incurred by the County may be charged to the project budget identified above. E. Allowable costs that may be paid by the County under this Agreement in addition to those stated in II.A above: (a) Costs of asbestos surveys, asbestos abatement, and abatement monitoring. (d) Casts of any other services customarily associated with projects of the nature of the project contemplated by this Agreement. The County shall review requests by the Municipality for expenditures on the above items prior to undertaking the services associated with them, and approve any such expenditures it deems appropriate for this project. IIaye 15 0~ 17 City of Delray Beach EXHIBIT B PALM BEACH COUNTY HOUSING 8r COMMUNITY DEVELOPMENT MONTHLY NARRATIVE REPORT Report For: Month: Year: Subrecipient Name: City of Delray Beach Project Name: Demolition of Carver Estates Report Prepared By: Name Signature Date BUDGETING AND EXPENDITURES Amounts Expended this Reporting Period: CDBG Funds:$ Other Funds:$ Amnirnte Frnanrlarl to r)atp~ lllllllllllll111llllllllllllllllllllllllllllll BUDGETED EXPENDED PERCENTAGE CDBG Funds: $ $ Other Funds: $ $ Other Funds: $ $ TOTAL: $ $ Describe any changes in budgeted amounts during this reporting period and the source of funds: Describe your efforts to obtain any additional funds for the project during this reporting period (if your project is underfunded): PROJECT ACTIVITIES Describe your accomplishments during the reporting period: Describe any problems encountered during this reporting period: Other comments: Send report to: Amin Haury Department fo Housing and Community Development 160 Australian Avenue, Suite 500, West Palm Beach, FL 33406 S:1Capl m prv12005 DisasterRecoveryl nitiativelD e I rayBeach_CarverEstateslAgmtM uni.wpd IIayE 16 0~ 17 U H m 2 X W 9 0 ti w ~." L V R d m T l0 d w O v t. Agenda Item No.: ~~ AGENDA REQUEST Request to be placed on: Date: April 12, 2007 Regular Agenda Special Agenda Workshop Agenda x Consent Agenda When: April 17, 2007 ORDINANCE/RESOLUTION REQUIRED: YES/NO Draft attached: YES/NO ITEM BEFORE THE COMMISSION: Approval of an Agreement between the City and Palm Beach County in order for the City to implement Disaster Recovery Initiative (DRI) funding in connection with the Demolition of Carver Estates. RECOMMENDATION Staff recommends approval of the Agreement between the City and Palm Beach County so that the City may move forward in its implementation of the Demolition of Carver Estates project through the Disaster Recovery Initiative (DRI) program. DRI Total: $ 900,000 Number: Department Head Signature: City Attorney Review/Recommendation if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: 'YE /NO ~ ~ ~ Fna~~ F ~ '~ ~S ~ ~ ~` ~~' ~~' V cLS ~ Funding Alternatives: (if applicable) Account No. & Description: R~ ~~.~,... C~-v .,~ ~sY.s 2'i ~t Sv t~-P~ Account Balance: -;-suer P ~, ~0 3 ',~ ~t ~i--v +~ City Manager Review: Approved for Agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: LULA BUTLER, COMMUNITY IMPROVEMENT DIRECTOR ~~~ ELIZABETH B. ALPERT, CD. PROGRAM ADMINISTRATOR THROUGH: CITY MANAGER DATE: APRIL 10, 2007 SUBJECT: AGENDA ITEM # 0. I -REGULAR MEETING OF APRIL 17.2007 HOUSING REHABILITATION GRANT AWARDS ITEM BEFORE COMMISSION Approval is requested for two (2) Housing Rehabilitation grant award(s) to the lowest responsive bidder(s). This request is in accordance with the City's Community Development Division's approved Policies and Procedures. BACKGROUND The grant awards are based on the actual cost of the rehabilitation, as determined by the low responsive bidder(s), plus a 5% contingency. The contingency may be used for change orders and all unused funds will remain with the Housing Rehabilitation grant program. Inspection of work is done by the Department of Community Improvement's Building Inspection and Community Development Division. Contracts are executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor, ensuring compliance according to specifications and program guidelines. Pay request forms require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activities will bring the homes to minimum code requirements by repairing the roof, electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual case files are available for review in the Community Development Division Office. The Community Development Division is responsible for ensuring that the housing rehabilitation contracts are awarded to the lowest responsive bidder, as a result of a formal bid process. Therefore, an in-house policy was created to limit awards to the lowest responsive bidder as it relates to the Division's professional in-house estimate. This serves to disqualify unreasonably low bids and therefore protect against the resulting change order requests. This policy further assists the Division with its goals of completing each rehabilitation activity utilizing the estimated amount of funding required. In addition, the in-house policy allows the City to award rehabilitation contracts to another responsive bidder in the event that the lowest responsive bidder's performance on the current job is proceeding unsatisfactorily and/or the contractor has more than three (3) open projects at any given time. FUNDING SOURCE Community Development Block Grant RECOMMENDATION Staff recommends awarding the bid for two (2) Housing Rehabilitation project(s) to the verified responsible low bidder(s). CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION HOUSING REHABILITATION PROGRAM BID/QUOTATION INFORMATION SHEET BID/QUOTATION #: APPLICANT: 2007-33 Jacquelyn Elder PROJECT ADDRESS: 612 SW 9th Street DATE OF BID LETTERS: DATE OF BID OPENING: 03/21/07 04/09/07 GENERAL CONTRACTORS Abisset Corporation Alpha South Construction,lnc Cordoba Construction Co., Inc. Craftsman Plus,lnc. Gadsden Property Investment, Inc. Haywood Construction I.Q. Construction Inc. Joines Construction & Development, LLC. M & A Builders, LLC Morra Construction Ray Graeve & Sons Construction, LLC South Florida Construction Services, Inc. StarMark Properties Sun Band Builders Construction, Inc. In-House Estimate CONTRACTOR AWARDED CONTRACT: BID/CONTRACT AMOUNT 5% Contingency 30,440.00 $1,522.00 31,962.00 FUNDING SOURCE: Community Development Block Grant Account # 118-1963-554-49.19 COMMENTS: Lowest bidder within in-house range BID AMOUNT $31,285.00 $30,440.00 No Bid $34,428.00 No Bid $36,104.82 $36,487,00 $31,603.33 I. Q. Construction S:renpgrm/biddocs/bid infosheet CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION HOUSING REHABILITATION PROGRAM BID/QUOTATION INFORMATION SHEET BID/QUOTATION #: 2007-33 APPLICANT: PROJECT ADDRESS: DATE OF BID LETTERS: Blondell Anthony 32 SW 14th Avenue 03/21/07 DATE OF BID OPENING: 04/09/07 GENERAL CONTRACTORS Abisset Corporation Alpha South Construction,lnc Cordoba Construction Co., Inc. Craftsman Plus,lnc. Gadsden Property Investment, Inc. Haywood Construction I.Q. Construction Inc. Joines Construction & Development, LLC. M & A Builders, LLC Morra Construction Ray Graeve & Sons Construction, LLC South Florida Construction Services, Inc. StarMark Properties Sun Band Builders Construction, Inc. In-House Estimate CONTRACTOR AWARDED CONTRACT: BID/CONTRACT AMOUNT 5% Contingency 26,590.00 $1,329.50 27,919.50 FUNDING SOURCE: Community Development Block Grant Account # 118-1963-554-49.19 COMMENTS: Lowest bidder within in-house range BID AMOUNT $28,445.00 $27,725.00 $27,891.60 No Bid $32,902.00 $31,665.00 $26,590.00 $27,019.77 $32,132.00 $28,022.32 South Florida Construction S:renpgrm/biddocs/bid infosheet g Agenda Item No.: AGENDA REQUEST Request to be placed on: Date: April 10, 2007 Regular Agenda Special Agenda Workshop Agenda X Consent Agenda When: April 17, 2007 Description of item: (who what where, how much): File Number Address Contractor Grant Amount 05-111 05-085 612 SW 9th Street ~ I.Q. Construction Inc. I $ 31,962.00 32 SW 14th Avenue ORDINANCElRESOLUTION REQUIRED: YES/NO Draft attached: YESlNO Recommendation: Staff recommends approval of two (2) Community Development Block Grant Housing Rehabilitation Grants in the amount listed above for a total award of $59,881.50. CDBG Total: $ 59,881.50 Account Number: 118-1963-554-49.19 Department Head Signature: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: YE NO Funding Alternatives: (if applipable) ~ ~'I~ ~~ Account No. & Descr~tion: it ~ ~ _.~ ~~ ~ ( Account Balance: 2 ~~~~~ ~ City Manager Review: Approved for Agenda: ~NO Hold Until: South Florida Construction ~ ~ l~,y~y.5u Agenda Coordinator Review: Received: Placed on Agenda: MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: LULA BUTLER, COMMUNITY IMPROVEMENT DIRECTOR IMP / ELIZABETH ALPERT, COMMUNITY DEVELOPMENT ADMIN. THROUGH: CITY MANAGER ~/f~ DATE: APRIL 11, 2007 SUBJECT: AGENDA ITEM # u ~ ~ -REGULAR MEETING OF APRIL l SUBORDINATION REQUEST -HANNA ITEM BEFORE COMMISSION City Commission authorization and approval to subordinate its second mortgage position in the amount of $17,094.00 to allow the homeowners, Samuel and Ellen Major-Hanna, to refinance their first mortgage due to special mitigating circumstances and to avoid foreclosure. BACKGROUND The Hanna's are homeowners within the Delray Shores Subdivision. In August of 2000, they participated in the Owner-Occupied Housing Rehabilitation Program. The Hanna's were assisted with funds from the SHIP Program. At the February 20, 2007 meeting, City Commission approved a request to subordinate on the first mortgage loan of Mr. and Mrs. Samuel and Ellen Major-Hanna. Ultimately, the prospective loan for which the City was subordinating fell through, as the Hanna's ultimately did not qualify. March 28, 2007 a second request from a different lender was received to once again subordinate its second mortgage position in the amount of $17,094.00. Subordination will allow for the Hanna's to obtain a new first mortgage to become current with severely delinquent mortgage payments, regain comprehensive insurance policy and disburse closing and title costs. Subordination to this loan is the only measure to prevent foreclosure under these circumstances. The normal terms of the City's lien will remain the same which is as follows: owner-occupied housing rehabilitation assistance is secured with a lien agreement and will be forgiven on a pro-rated basis specific to the duration of the note. Grant amounts less than $15,000 per unit are forgiven at a rate of 20% per year for a period of five years and grant amount equal to or greater than $15,000, but less than $25,000 per unit are forgiven at a rate of 10% per year for ten (10) years. Therefore, the current agreement will remain recorded as a covenant to the property until June 2010. FUNDING SOURCE Not Applicable RECOMMENDATION City Commission authorization and approval to subordinate its second mortgage position in the amount of $17,094.00 to allow the homeowners, Samuel and Ellen Major-Hanna, to avoid foreclose and refinance their first mortgage. Prepared by and Return to: Community Development City of Delray Beach 100 NW 15` Avenue Delray Beach, FL 33444 SUBORDINATION AGREEMENT WHEREAS, undersigned is the owner and holder of that certain mortgage executed by Ellen Hanna to CITY OF DELRAY BEACH, Florida to secure an original indebtedness of $17,094.00, said, promissory note being dated the 2"d of August 2000, and recorded on September 1, 2000 in Official Record Book 11990 Pages 88 in the Public Records of PALM BEACH County, Florida said Mortgage encumbering the following described lands situate in PALM BEACH County, Florida: Lot 11, Block 14, DELRAY SHORES, First Addition, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 28, Page 2. WHEREAS, a portion or all and aforedescribed have been mortgaged by Ellen Hanna to , (hereinafter called the LENDER) to secure a mortgage loan of said mortgage to the lender being dated and filed in Official Record Book ,Page ,Public Records of Pahn Beach County, Florida. WHERAS, the LENDER would not close its mortgage loan and disburse the proceeds thereof unless its mortgage were a first lien, superior in right and dignity to the lien of the Mortgage held by the undersigned: NOW, THEREFORE, For and in consideration of One Dollar, in hand paid by the LENDER, receipt whereof is hereby acknowledged, and to induce the LENDER to disburse the proceeds of its mortgage loan aforedescribed, the undersigned do hereby represent, warrant, covenant and agree as follows: 1. That the Mortgage held by the undersigned and described in the first paragraph of the preamble of this Indenture, together with the indebtedness secured thereby, is owned by the undersigned and that neither said mortgage nor said indebtedness has been assigned, transferred, or pledged to any person whomsoever, so that the undersigned have full right, and authority to execute this SUBORDINATION AGREEMENT. 2. That the Mortgage held by the undersigned and described in the first paragraph of the preamble of this Indenture, and the same hereby is declared to be for all times inferior and subordinate in lien, right and dignity to the mortgage held by the LENDER hereinabove described, just as though said mortgage to the LENDER were executed, recorded and closed prior to the execution of the mortgage held by the undersigned and herein subordinated. ITNESS WHEREOF, the undersigned have hereunto set their hands and seals this ~ day of 2007. Signed seale and delivered in the presence of: ~Q~,~~K ~~,~.p~ CITY OF DELRAY BE Witness (Print) ..-.. ~U~ I'f CL~Q~~ By: Witness (Print) Print: Address: 00 NW 15` A, Florida 33444 State: FLORIDA County of PALM BEACH The foregoing instrument was acknowledged before me this ~ ~ day of ~ 1'1~ 2007 by Y- yvldh as, MaXor of City Delray Beach, He/She is personally known to me or h produced a driver's licen as identification ~Ltic,,v~-""' C~ • ~ Approved as to form and Public GI ~ S legal sufficiency: Print My Ex ire: ELDA By; ~ m'l~axl p Nota'~11P~- (SE ~~i° ,`~'~ ~ ..City Att ey / j ~ +-7 * My Commission Expires ,lun 5, 2009 ~SS °~/ ~ ! =~P;= Commission # DD 433063 A enda Item No.: 9 Request to be placed on: Regular Agenda Special Agenda Workshop Agenda Consent Agenda AGENDA REQUEST Date: April 11, 2007 When: April 17, 2007 Description of item: Authorization and approval to subordinate the City's second mortgage position in the amount of $17,094 to allow Samuel and Ellen Major-Hanna to refinance their mortgage due to special mitigating circumstances to avoid foreclosure. Recommendation: Staff recommends approval and execution of the subordination agreement. Department Head Signature: ~/~~~^~ ---~ City Attorney ReviewlRecommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: YESINO Funding Alternatives: Account No. & Description: Account Balance: City Manager Review: Approved for Agenda: ~IN Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: applicable) ~l Joseph L. Schroeder Chief of Police Delray Beach DEIw-Y BEACH ' Police Department A~~.~ 300 West Atlantic Avenue ~ ~ I Delray Beach, Florida 33444-3695 (561) 243-7888 Fax (561) 243-7816 <i~t~ t MErsoRANnuM TO: MAYOR AND CITY COMMISSIONERS FROM: Sharon L'Herrou, Administrative Ofl'ic THROUGH: Chief Joseph L. Schroeder, Delray Beach Police Department DATE: April 13, 2007 SUBJECT: AGENDA ITEM # D• ~ -REGULAR MEETING OF Aari117.2d07 Interlocal Agreement betwreen the Sheriff's Office of Palm Beach County, Florida and the Delray Beach Pollee Department ITEM BEFORE COMMISSION Interlocal Agreement between the Palm Beach County Sheriff s Office and the City of Delray Beach for the Urban Area Security Initiative (UASn. BACKGROUND This Interlocal Agreement will provide funding in the amount of $13,500.00 to the City's Police Department ($10,000 for a Viking Dry Suit and $3,500 for an Emergency Trailer and Equipment). The Dry suit enables members of the Police Department's underwater search and recovery team to operate safely in contaminated waters. The trailer is to be used to transport HAZMAT suits and equipment for use during critical incidents. FUNDING SOURCE N/A The Police Department recommends approval. Serving with P.R.I.D.E. Professionalism, Respect, Integrity, Diversity and Excellence AN INTERLOCAL AGREEMENT BETWEEN THE SHERIFF'S OFFICE OF PALM BEACH COUNTY, FLORIDA, HEREIN REFERRED TO AS "SHERIFF" AND DELRAY BEACH PD OF PALM BEACH COUNTY, FLORIDA, HEREIN REFERRED TO AS "AGENCY". WHEREAS, Part 1 of Chapter 163 of the Florida Statutes permits public agencies as defined therein to enter into interlocal agreements with each other to exercise jointly any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, the federal government created the Ft. Lauderdale Urban Area Security Initiative (UASI) which consists of the core cities of Fort Lauderdale, Miramar, Hollywood, Pembroke Pines, and Miami Gardens; and WHEREAS, the Ft. Lauderdale UASI invited the Palm Beach County Board of County Commissioners and the Sheriff of Palm Beach County to participate in the Ft. Lauderdale UASI as equal partners with its core cities; and WHEREAS, the Ft. Lauderdale UASI has identified the City of Miramar as its fiscal agent in all dealings related to the UASI; and WHEREAS, the Ft. Lauderdale UASI, through the City of Miramar, will provide $1,684,487 (One Million Six Hundred Eighty-Four Thousand Four Hundred Eighty-Seven Dollars) as a portion of the UASI funds to the SHERIFF as asub-grantee; and WHEREAS, DELRAY BEACH PD has been identified as a recipient of $13,500.00 of the funds granted to the Sheriff. NOW, THEREFORE, in consideration of the foregoing, the parties agree as follows: Article 1. Purpose This agreement delineates the responsibilities of the AGENCY for activities under FY2006 Urban Area Security Initiative (UASI) which was made available by the U.S. Department of Homeland Security, through the Office for Domestic Preparedness and the State of Florida. Article 2. Scone The provisions of this agreement apply to FY2006 UASI activities to be performed at the request of the federal government, and in conjunction with, preparation for, or in anticipation of, a terrorist event. No provisions of this agreement limit the activities of AGENCY ip performing local and state functions. Article 3. DELRAY BEACH PD agrees to: A. Submit a detailed budget conforming to the Scope of Work (Attachment 1) prior to initiating any work or purchase of equipment, goods, or services. B. Submit a Resolution from the AGENCY that the AGENCY complies with the requirements identified/established by the National Incident Management System (NIMS) and the National Response Plan (NRP). C. Comply with reporting requirements identified in Attachment 2. D. Maintain the items purchased in working order for the life of the items. E. If appropriate, provide the purchased items to the UASI for mutual aid allocation to other governmental agencies within the UASI region. F. Complete the project as soon as possible and no later than the termination date set forth herein. G. Submit a Final Invoice. In order for both parties to close their books and records, the AGENCY will clearly state "final invoice" on the AGENCY'S final/last billing to the SHERIFF. This shall constitute AGENCY's certification that all services have been properly performed and all charges and costs have been invoiced to Palm Beach County. Any other charges not properly included on this final invoice are waived by the AGENCY. H. Not pledge the SHERIFF's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The AGENCY further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. I. Maintain adequate records to justify alI charges, expenses, and costs incurred in estimating and performing the work for at least three (3) years after completion or termination of this Agreement. The SHERIFF shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours, at the AGENCY's place of business. J. Comply with the requirements of the UASI Grant Program FY 20Q6 and the terms, conditions, certifications and other requirements contained in the Federally- Funded Subgrant Agreement between the State of Florida, Division of Emergency 2 Management, and the City of Miramar, attached hereto as "Attachment 3", including but not limited to budget authorizations, required accounting and reporting on fund usage, use of funds only for the intended purpose, and tracking of federally funded assets. Article 4. PaLn Beach County agrees to: A. Review invoices received from the AGENCY to verify that services have been rendered in conformity with the Agreement. Approved invoices will then be sent to the UASI fiscal agent for review and approval. Upon approval by the UASI, the SHERIFF will send the AGENCY's approved invoice to the SHERIFF's Finance Department far payment. Invoices will normally be paid within thirty (30) days following the SHERIFF representative's submittal. Invoices not approved will be returned to AGENCY for correction and resubmittal. B. Reimburse AGENCY an amount not to exceed $13,500.00 when properly invoiced requests have been approved by the UASI. Article 5. Term of Agreement and Obliation to Pay A. The term of this agreement commences upon execution by the AGENCY and SHERIFF and terminates on January 31, 2008 unless otherwise extended upon the written agreement of each party. B. The SHERIFF's performance and obligation to pay under this Agreement for subsequent fiscal years is contingent upon annual appropriations for its purpose by the foregoing shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, or of any defense available to either parry. Article 6. Liability Each party to this Agreement shall be liable far its own actions and negligence and, to the extent permitted by law, SHERIFF shall be responsible to the AGENCY for any actions, claims or damages arising out of SHERIFF's negligence in connection with this Agreement, and AGENCY shall be responsible to SHERRFF for any actions, claims, or damages arising out of AGENCY's negligence in connection with this Agreement. The foregoing shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, or of any defense available to either party. Article 7. Indemnification The SHERIFF recognizes its liability for certain tortuous acts of its agents, officers, and employees to the extent and limit in 768.28 Florida Statutes, the State of Florida's partial waiver of sovereign immunity. Provided, however, this provision shall not be construed as a 3 waiver of any right of defense that the SHERIFF may possess and SHERIFF reserves all such rights as against any and all claims that may be brought under this Agreement. The AGENCY recognizes its liability far certain tortuous acts of its agents, officers, and employees to the extent and limit in 768.28 Florida Statutes, the State of Florida's partial waiver of sovereign immunity. Provided, however, this provision shall not be construed as a waiver of any right of defense that the AGENCY may possess and AGENCY reserves all such rights as against any and alI claims that may be brought under this Agreement. Article 8. Insurance The Parties will maintain the following insurance policies during the term of this Agreement: The Parties warrant that they are self-insured and agree to maintain general liability insurance as required by law. The AGENCY further agrees to provide the SHERIFF with a copy of said insurance certificate. Article 9. Non-Discrimination The Parties shall not discriminate on the basis of race, age, religion, color, gender, national origin, marital status, disability or sexual orientation. Article 10. Modifications of Work This Agreement or the Scope of Work may be modified or amended only by mutual written consent of the AGENCY, SHERIFF, and the UASI fiscal agent. Article 11. Relationship of the Parties The Parties hereto acknowledge that their relationship is that of independent contractors. No employee of either party shall be deemed an employee of the other parry. Nothing contained herein shall be construed to create a partnership or joint venture between the Parties. Article 12. No Third Party 13eneftciaries This Agreement and the provisions hereof are for the exch~sive benefit of the Parties hereto and their affiliates and not for the benefit of any third person, nor shall this Agreement be deemed to confer or have conferred any rights, express or implied, upon any other third person. 4 Article 13. Notices Any notices to be provided hereunder shall be in writing and given by personal service, mailing the same by United States certified mail, return receipt requested, and postage prepaid or a nationally recognized overnight carrier, addressed as follows: If to SHERIFF to: Ric L. Bradshaw Palm Beach County Sheriff s Office 3228 Gun Club Road West Palm Beach, Florida 33406 With a copy to: Colonel Joe Bradshaw, Esq. Department of Legal Affairs Palm Beach County Sheriff's Office 3228 Gun Club Road West Palm Beach, Florida 33406 If to AGENCY to: David T. Harden, City Manager City of Delray Beach 100 N.W. 1~` Avenue Delray Beach, Florida 33444 Article 14. Severability The invalidity or unenforceability of any provision or clause hereof shall in no way effect the validity or enforceability of any other clause or provision hereof. Article 15. Waiver and Delay No waiver or delay of any provision of this Agreement at any time will be deemed a waiver of any other provision of this Agreement at such time or will be deemed a waiver of such provision at any other tune. Article 16. Assignment; Binding Agreement Neither party shall assign this Agreement without the written consent of the other party, which consent shall not be unreasonably withheld or delayed. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and permitted assigns. Article 17. Governing Law and Venue This Agreement shall be construed in accordance with the laws of the State of Florida. Any dispute arising with respect to this Agreement is subject to the laws of Florida. Venue shall lie in Palm Beach County, Florida. Article 18. Entirety of Contractual Agreement The SHERIFF and AGENCY agree that this Agreement sets forth the entire agreement between the parties, and that there are no promises or u~erstandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto in accordance with Article 10-Modifications of Work. Article 19. Termination This Agreement may be terminated without cause by either party to the Agreement upon sixty (60) days written notice to the other party. IN WITNESS WHEREOF, the AGENCY has caused this Agreement to be executed by its Board of Commissioners and the SHERIFF has caused the Agreement to be executed by its Board of County Commissioners. ATTEST: By: CITY OF DELRAY BEACH, FLORIDA By: Chevelle Nubin, City Clerk Rita Ellis, Mayor Dated: APPROVED AS TO FORM AND LEGAL SUFFICIENCY:. B Y• Terrill Barton, Assistant City Attorney 6 ATTEST: BY= Dated: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: SHERIFF OF PALM BEACH COUNTY By: Ric L. Bradshaw Colonel Joe Bradshaw, Esq. ~' '1 RESOLUTION NO. 51-05 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE NATTONAL INCIDENT MANAGEMENT SYSTEM (NIMS) AS THE CTTY'S INCIDENT MANAGEMENT STANDARD FOR EMF~tGENCIES OCCURRING WITHIN THE CITY. WHEREAS, the President of the United States has directed the Secretary of the Departmcat of Homeland Security to develop and administer a National Incident Management System (NII~, in order to provide a consistent nationwide approach for federal, state, and local govemmeats to work together more effectively and efficiently to prevent, Prepare for, respond oo, and recover fiom domestic incidents, regardless of cause, size or complexity; and WHEREAS, the collective input and guidance fiom all federal, state, and kx~l homeland security partners has been, and will continue to be, vital to the development, effective implementation and ut~7ization of a comprehensive National Incident Management System {NIMS); and WHEREAS, it is necessary that all federal, state, and bcal emergency management agenaes and personnel coordinate their efforts to effectively and efficiently provide the highest levels of inddent management; and WHEREAS, to facilitste the most efl~cient and effective incident nuaasgemertt; it is critical that federal, state and local organizations utilize standardized termitwlogy, sts~adardized organizational structures, uniform personnel qualification standards, uniform standards for planaux& training, and exerdsing, comgrehensive resource management, and designaoed incident facilities duang emergencies or disasters; and V~:H[EREAS, the National Incident Management System's (NIMS) standardized procedures for msnag~ag personnel, commuaicationa, fadlities and resources will improve the City's ability in utilize federal funding to enhance local and City agency readiness, maintain first responder safety, and streamline incident management psooesses; and WHEREAS, the Incident Command System campoaeats of fire National Iacidmt Management System (NIMS) are already as integral pan of various incident management activities throughout the City, including public safety and anergeary response organizations through their ~g Pml~s• NOW, Z~-IEREFORE, BE TT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, THAT: ~~ j,. The City Commission of the City of Delray Beach, Florida, adopts and incorporates, as if fully set forth herein, the recitations set forth above. The City Commission of the City of Dehnp Beach, Florida, supports the direction of the President of the United States and the Secretary of the Department of Homeland Security regarding the development and administration of the National Incident Management System (NIMS}, in order to provide a consistent nationwide approach for federal, state and loaf governtncats to work together more effectively and efficiently to prevent, Prepare for, respond to and recover from domestic incidents. The City Commission of the City of Delray Beach, Florida, designaoes the National Incident Management System (NIIuIS) to be utilized as the standard for emergenry incident management in the City of Delray Beach. If nay section, subsection, clause or provision of this resolution is held invalid, the remainder shall not be affecxed by such i~aliditq. All resolutions oz part of resolutions in conflict herewith shall be and hereby are repealed ,¢. This resolution shall take effort immediately upon adoption. PASSED AND ADOPTED in regular session on second and final reading on this the day of~~_ .2005. Z~ MAYOR ATTEST: ~ ~ ~ Acting City Clerk 2 Res. No. Sl-0S Attachment 1 Palm Beach County Sheriff's Office Urban Area Security Initiative Partner Organizations Agreement #07DS-SN-11-16-02-259 Delray Beach PD Viking Dry Suit $ 10,000 Delray Beach PD Emergency Trailer and Equip $ 3,500 Jupiter Inlet Colony PD All terrain vehicle $ 6,000 N Palm Beach Public Safety 16 Hour WMD training course $ 8,000 Palm Beach Gardens PD Night Vision System $ 12,000 Palm Beach Shores PD Video Surveillance System $ 3,500 Palm Beach PD HAL Bomb Tech rigging system $ 13,800 Port of Palm Beach Harbor Security Software $100,000 Part of Palm Beach CCTV w/Intrusion detection $ 50,000 Port of Palm Beach Control 8 Monitoring Equipment $100,000 Riviera Beach PD Camera's 8 Monitors $ 17,000 S Palm Beach PD Security Camera's $ 10,000 West Palm Beach PD Protective Equip Training $ 10,000 West Palm Beach PD 8 Oceanic Mask w/Communications $ 4,800 PBSO Vehicle for perimeter transport $ 85,000 PBSO Workstations 8 Coplink Software $ 180,000 PBSO Fusion Center Servers $ 20,000 PBSO Fusion Center Communications $ 40,000 PESO Fusion Center Equipment $ 25,000 Award Total $ 698,600 _ Ft. Lauderdale UASI Grant Program Reimbursement Request Packet To: Steve Hynes From: Dale Sisson, Contract/Grants Manager Date: January 9, 2007 Subject: Delray Beach PD The attached documentation is provided as support for the enclosed request for reimbursement for the Viking Dry Suit and Emergency Trailer and Equipment totaling $ 13,500.00. The Viking Dry Suit, Emergency Trailer and Equipment is related to the Urban Area Security Initiative for fiscal year 2006/2007, grant award number 07DS-5N-11-16-02- 259. The following documentation is enclosed for your review: • List all documentation that applies that is referenced on the "Grant Reimbursement Request Checklist' Please note that the enclosed documents are copies, the originals will be maintained and are available for audit in our (insert the list of iocation(s) within your agency that maintains grant records, ie: Finance, Grants, Purchasing). As per our interlocal agreement, MOA, or other sub- award agreement, all records will be monitored for compliance with the current UASI Federally-Funded Subgrant Agreement, Office of Management and Budget (OMB) circulars A-133 (Single Audit), A-102 (Uniform Administrative Requirements), and the Code of Federal Regulation (CFR), 2 CFR part 225 (Cost Principles). Should you have any questions or require further clarification, please contact: Financial ~ Reimbussment Issues Marta Rodriguez Palm Beach Sheriffs Office Grants Department 3228 Gun Club Rd. West Palm Beach, FL 33406 (561) 688-3136 RodriauezmiCa~abso.orp For Programmatic Issues Dale Sisson Palm Beach Sheriffs Office Grants Department 3228 Gun Club Rd. West Palm Beach, FL 33406 (561)688-3248 Sissond@pbso.org Ft. Lauderdale UASI Grant Program Reimbursement Request Packet Grant Reimbursement Request Checklist In an effort to establish consistency and transparency in the reimbursement claim process the Grant Reimbursement Request Checklist has been created. The Grant Reimbursement Request Check/ist should be included with all reimbursement claims as a guide for reviewers and to ensure that all required paperwork is enclosed with the claim. Each item that applies to the claim should be circled on the checklist. ^ Cover Letter/Memo -Cover letters must reference the funding agency award number and the County award number and that the OMB Circular requirements have been assessed for compliance. ^ Reimbursement Request Spreadsheet -must list all required and pertinent claim information. At minimum the reimbursement Request Spread Sheet must include the funding agency award number and the associated County award number, the description, vendor, purchase order number, and date paid, invoice and/or reference number, and reimbursement amount. D Programmatic Quarterly Status Report Source Documentation -must include any of the following that apply to the reimbursement request being submitted: ^ Purchase Orders ^ Purchase Requests Memos (must include a statement that no administrative fees are applied) ^ Invoices ^ Bids/RFQ's/RFP's O Memorandum of Understanding, Memorandum of Agreement, or Sub Award Agreements ^ Packing slips ^ Travel request memos -with approval signatures ^ Travel itineraries ^ Travel boarding passes ^ Travel Advance Check copies ^ Receipts (must be signed by authorized purchaser and agency official) ^ Training workshop sign-in sheets (when conducted by MDFR or OEM) ^ Overtime sheets with all required signatures ^ FAMIS Payroll Reports (payroll, proof of payment for purchases) ^ Labor Distribution Report ^ Payroll Report ^ Training certificates for proof of completion '~E~57 F(Oi~ r ~~~ w ~ v .~ . ., + ~' t r Ft. Lauderdale UASI Grant Program Reimbursement Request Packet All reimbursement claims should be forwarded electronically to: RodriguezmiQpbso.org. A signed, original claim form should be forwarded to: Attn: Marta Rodriguez Palm Beach Sheriff s Office Grants Department 3228 Gun Club Rd. West Paim Beach, FL 33406 (561) 688-3136 Reimbursement will not be processed until the signed claim form is received in this office. R d v~ ~ a a C H /L~ ~ V Q N ~ a -~ ~ c m ~ R m ~ ~ ~ ~ ~ E OF Y H O '''. e. . ~ ~ ~.: 4 ...' J .l f s * ,,: ~~ O a.+ d ~' d •J w= W N L '~ N N r Ii ~ N N O ti O Z mZ L 0 W 0 ~ L ~a LL. ~ 'a m ~; Yz 0 . ~ ~ 3 E m O: ~'. o' __ m ~`z _m ~,o c` '-: m A V "'~ g. Q. a Q. ~- ~` ~ L . ~ ' Z G ~ ~'. Q ~~ c ~ ~, Q v m 0' z f- ~. ~,. C: ~i Attachment 2 Reporting Requirements A. quarterly Programmatic Reporting: The Quarterly Programmatic Report is due within 10 days after the end of the reporting periods (March 30, June 30, September 30 and December 30) for the life of this contract. If a report(s) is delinquent, fu~re financial reimbursements will be withheld until the Recipient's reporting is current. Programmatic Reporting Schedule Reporting Period Report due to PBC DEM no later than Janua 1 thro h March 31 Aril 10, 2007 A ril 1 throw h June 30 Jul 10, 2007 Jul 1 throw h Se tember 30 October 10, 2007 October 1 throw h December 31 Janua 10, 2008 Final Februa 15, 2008 B. Reimbursement Requests: Reimbursement requests shall be submitted quarterly in conjunction with the programmatic reporting schedule. Requests for reimbursement should be sent to Palm Beach County Division of Emergency Management for review and approval. For each reimbursement request, agencies must submit a completed "Grant Reimbursement Request Checklist' which shall include the standardized cover letter and the reimbursement spreadsheet request form. The final reimbursement request must be clearly marked as "final". C. Close-out Programmatic Reporting: The Close-out Report is due to the Palm Beach County Division of Emergency Management no later than 15 days after the contract with the county is either completed or the contract has expired. The Close-out Report must be clearly marked as "final". [IT4 OF DEIRli4 ~~~!~°' DELRAY BEACH 0 All-America City ~11~® 1993 2001 TO: FROM: THROUGH: DATE: ,, ; Gi VV ~ . , .. -_ s MEMORANDUM ,c,ti ~~~?~^ c~7 z~a-;ooo Mayor and City Commissioners Joe Weldon,; irector of Parks and Recreation David Harden, City Manager April 11, 2007 SUBJECT: AGENDA ITEM # V•~ REGULAR MEETING OF APRIL 17, 2007 FUNDING FOR MIRACLE LEAGUE DIAMOND AT MILLER PARK ITEM BEFORE COMMISSION Attached is a draft of an agreement for funding not to exceed $250,000 from the 2002 Recreation and Cultural Facilities Bond for the Miracle League diamond at Miller Park. The City Attorney's office has reviewed and approved this draft for legal sufficiency and form. This funding precludes the $10,000 previously allocated for this project from the Recreation Assistance Program. On February 27, 2007, the Board of County Commissioners approved an allocation in an amount not to exceed $250,000 from the $50 million Recreation and Cultural Facilities Bond for construction of the Delray Beach Miracle Field. The County has sent a draft of an agreement containing "boiler plate" terms for bond funding. FUNDING SOURCE Not applicable. RECONIl~NDAT I ON Approval to proceed. Ref:agendamemo THE EFFOR? A~w;-lY;, M~,?_?~_~~<; ® Printed on Recycled Paper ~.: ~ DELRAY BEACH All-America City 1993 2001 i0v ~~.~Jd. lst FV~f`:!UE a C)EL(-~Al' i3ERCN, FLGFtIL~A 33444 e 561/243-7000 MEMORANDUM a 3 3~/ ~~ ~ ~ _ .~ T Susan Ruby City Attorney F M:?'~ Joe Weldon Director of Parks and Recreation E~S~~`9 SUBJECT: Agreement for 2002 Recreation and Cultural Facilities and Bond - Funding for Miracle League Diamond at Miller Park DATE: March 29, 2007 Attached please find a draft agreement for 2002 Recreation and Cultural Facilities Bond for funding of the Miracle League diamond at Miller Park. Please review for legal sufficiency and advise me of your comments. Jo eldon Di r' for of Parks and Recreation Attachment Ref:srlglsuf ~~ ",_. ~~~~ ~~ ~ ~~ CITY A~`l"~R~I~~ _, Panted on Recycled raper r~, c~e l//[,tee ~~~ ~ ~~, RECEIVED MAR ~ - 2007 Department of CITY MANAGER Parks and Recreation March 5, 2007 2700 6th Avenue South Lake Worth, FL 33461 Mr. David Harden, City Manager City of Delray Beach (561) 966-6600 ~ 100 N.W. 1$ Avenue Fax: (56l) 963-6734 Delray Beach, FL 33444 www pbcparks.com RE: 2002 Recreation and Cultural Facilities Bond Dear Mr. Harden: ^ On February 27, 2007, the Board of County Commissioners approved an allocation in an amount not-to-exceed $250,000 from the $50 Million Recreational and Cultural Facilities Palm Beach County Bond for construction of the Delray Beach Miracle Field. This funding precludes the $10,000 Board of County previously allocated for this project from the Recreation Assistance Program (RAP); i.e., Commissioners since the RAP Agreement for the $10,000 lapses on March 31, 2007, that amount is voided out from the overall County allocation to this project. Addie L. Greene, Chairperson The disbursement of bond funding for your project will be accomplished through a funding Jeff Koons, Vice Chair Agreement with the County, which we will develop with you after we have received and Karen T. Marcus discussed the following required exhibits that will become part of the funding Agreement: • Project Description Warren H. Newell • Project Cost Estimate • Conceptual Plan Mme' M`me' Legal Description of Property Burt Aaronson • Pre-Agreement Cost List if Applicable Jess R. santamaria .Toward this end, we are sending you a draft Agreement that contains general "boiler plate" terms for the bond funding. After you have reviewed this draft, please contact us to set up a meeting time to review the Agreement and your Exhibits and to discuss the project scope and proposed project time frame. County Administrator We are pleased to be providing funding for your project, and look forward to meeting with your staff in the near future to discuss the specific details needed to prepare the funding Robert Weisman Agreement for your project. Please call me at 966-6685 at your earliest convenience to arrange a meeting time and date. Since Dennis L. Eshleman, Director Parks and Recreation Department DLE:SWY AnEqua/Opporhm:Yy Attachmenf - Boiler Plate of Bond Agreement ~I„~Frriranve Action Employer' Copy to: Commissioner Mary McGarry; District 4 Jon Van Arnam, Assistant County Administrator Paul King, Assistant County Attorney p,;,,t~a,,,,~~~r Joe Weldon, Park and Recreation Director , ` t _` ~. ~ _~ •- y ,.y ~~ INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE (NAME OF MUNICIPALITY} FOR FUNDING OF (NAME OF PROJECT) THIS INTERLOCAL AGREEMENT is made and entered into on , by and between PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", and (Name of Municipality), a Florida municipal corporation, hereinafter referred to as "MUNICIPALITY ". WITNESSETH: WHEREAS, MUNICIPALITY owns property located at (Address) in (City); and WHEREAS, MUNICIPALITY desires to (acquire,/construct) (Name of Project at (Name of Facility ), hereinafter referred to as."the Project" at said location; and WHEREAS, MUNICIPALITY has asked COUNTY to financially participate in the (acquisition/construction} of said project; and WHEREAS, on November 5, 2002, 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 certain recreation and cultural facilities, in the principal amount of $50 Million ("the $50 Million Recreation and Cultural Facilities Bond"); and WHEREAS, the COUNTY has approved a recreation and cultural facilities project list and.proposed funding allocations forthe $ 50 Million Recreation and Cultural Facilities Bond; and WHEREAS, the Project represents one such recreation/cultural project; and WHEREAS, MUNICIPALITY desires to operate and maintain the Project upon its completion; and WHEREAS, the Project shall be open to and benefit all residents of Palm Beach County; and WHEREAS, Section 163.01, Florida Statutes, permits public agencies to enter into Interlocal Agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, both parties desire to increase the recreational and cultural opportunities for residents of Palm Beach County and to enter into this Interlocal Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, the parties hereto agree as follows: ARTICLE 1: GENERAL Section 1.01 The foregoing recitals are true and correct and. are incorporated herein as if fully set forth. Section 1.02 The purpose of this Interlocal Agreement is to enhance recreational and cultural opportunities for use by the public and thereby provide a mechanism for COUNTY to assist MUNICIPALITY in the funding of the Project. Section 1.03 COUNTY will pay to MUNICIPALITY a total amount not to exceed ($ Amount) for the (acquisition, design, 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". MUNICIPALITY recognizes that COUNTY's funding of the Project is being paid from the proceeds of tax-exempt bonds issued by COUNTY. MUNICIPALITY agrees to provide COUNTY with a certification, in a form acceptable to the COUNTY, from MUNICIPALITY's chief financial officer or independent accountant that each cost item for which COUNTY funding is requested under Article 3 of this Interlocal Agreement constitutes a capital expenditure. In that regard, an item is considered a capital expenditure where the item has a useful life and benefit beyond one year or extends the Project's use beyond one year. ' Section 1.04 MUNICIPALITY agrees to provide funding in an amount of ($ Amount) or greater to complete the Project. The parties agree that COUNTY shall provide its portion of the funding only after MUNICIPALITY has expended ($Amount). Section 1.05 COUNTY's representative during the design and construction of the Project shall be the Director of Parks and Recreation, Palm Beach County Parks and Recreation Department, telephone no. (561) 966-6685. MUNICIPALITY's representative during the (acquisition/design/construction) of the Project shall be (Person's Name, Title, City, 561- Number). Section 1.06 MUNICIPALITY shall (acquire/design/construct) the Project upon property owned by MUNICIPALITY as more fully described in Exhibit "B" attached hereto and made a part hereof. Section1.07 MUNICIPALITY shall utilize its procurement process for all (acquisition/design/construction) services required for the Project. Said procurement process shall be consistent with all federal, state and local laws, rules and regulations. 2 COUNTY shall have no contractual obligation to any person retained by MUNICIPALITY with regard to the Project. Any dispute, claim, or liability that may arise as a result of MUNICIPALITY's procurement is solely the responsibility of MUNICIPALITY and MUNICIPALITY hereby holds COUNTY harmless for same to the extent permitted by law and subject to the limitations of Section 768.28, Florida Statutes. ARTICLE 2: DESIGN AND CONSTRUCTION Section 2.01 MUNICIPALITY shall be responsible for the design and construction of the Project. MUNICIPALITY shall design and construct the Project in accordance with Exhibit "A", attached hereto and made a part hereof, and with all applicable federal, state and local laws, rules and regulations. Section 2.02 Prior to or upon execution of this Interlocal Agreement by the parties hereto, MUNICIPALITY shall initiate its procurement process to select the necessary professional engineer and/or architect to perform all engineering and/or architectural design work, including, but not limited to, the preparation of plans, permits and specifications necessary for the design and construction of the Project. Section 2:03 MUNICIPALITY shall provide a copy of the engineer's and/or architect's programming phase documents (i.e., site plan, floor plan, elevations, etc.) to COUNTY's Representative for review. COUNTY's Representative shall review said programming phase documents to ensure consistency with the intent of this Interlocal Agreement. Section 2.04 MUNICIPALITY shall be responsible for securing all permits and approvals necessary to construct the Project. Section 2.05 Prior , to MUNICIPALITY commencing construction of the Project, MUNICIPALITY shall provide a copy of all plans and specifications, along with the associated costs thereof, to COUNTY'S Representative for review to ensure consistency with the intent of this Interlocal Agreement. Section 2.06 MUNICIPALITY agrees to totally complete the Project and open same to the public for its intended use within thirty six (36) months from the date of execution of this Interlocal Agreement by the parties hereto. Upon notification to COUNTY at least ninety (90) days prior to that date, MUNICIPALITY may request an extension beyond this period for the purpose of completing the Project. COUNTY shall not unreasonably deny MUNICIPALITY's request for said extension. Section 2.07 MUNICIPALITY shall submit quarterly project status reports to COUNTY's Representative on or before January 10, Aprii 10, July 10, and October 10 during the design and construction of the Project. These Quarterly reports shall include but not be limited to, a summary of the work accomplished, problems encountered, percentage of .completion, and other information as deemed appropriate by COUNTY's Representative. 3 ARTICLE 3: FUNDING Section 3.01 The total not to exceed amount as set forth in Section 1.03 hereinabove shall be paid by COUNTY to MUNICIPALITY on a reimbursable basis. Any costs incurred in connection with the Project in excess of that amount shall be the sole responsibility of MUNICIPALITY. Should the total cost of-the Project exceed the amount as projected by MUNICIPALITY, MUNICIPALITY shall appropriate and expend the excess funds required for completion of the Project. COUNTY shall not dispense any funds to MUNICIPALITY for the Project until MUNICIPALITY has appropriated and expended said excess funds for the Project. Section 3.02 COUNTY shall reimburse project costs under the terms of this Interlocal Agreement to MUNICIPALITY on a quarterly basis from the date of execution of this Interlocal Agreement; however, should the need arise for MUNICIPALITY to be reimbursed on a more frequent basis, then COUNTY will, at MUNICIPALITY 's specific request for each instance, make its best efforts to reimburse MUNICIPALITY within forty five (45) days of such special request. For each requested payment, MUNICIPALITY shall provide to COUNTY's Representative a fully completed and executed Contract Payment Request Form and a Contractual Services Purchase Schedule Form, attached hereto and made a part hereof as Exhibit "C". Said forms shall .include information listing each invoice as paid by MUNICIPALITY and shall include the vendor invoice number; invoice date; and the amount paid by MUNICIPALITY along with the number and date of the respective check or proof of payment for said payment. MUNICIPALITY shall attach a copy of each vendor invoice paid by MUNICIPALITY along with a copy of each respective check or proof of payment and shall make reference thereof to the applicable item listed on the Contractual Services Purchase Schedule Form. Further, MUNICIPALITY's Project Administrator and Project Financial Officer shall certify the total funds spent by MUNICIPALITY on the Project and shall also certify that. each vendor invoice as listed on the Contractual Services Purchase Schedule Form was paid by MUNICIPALITY as indicated. Section 3.03 COUNTY shall retain not less than ten percent (10%) of the total amount allocated to MUNICIPALITY for the Project until MUNICIPALITY completes the Project and provides COUNTY with either a Certificate of Occupancy or a Project Completion Certification as determined by COUNTY, and COUNTY receives and approves all documentation as required in accordance with this Interlocal Agreement. COUNTY'S representative shall •visit the Project site to verify and approve said final reimbursement. Sec#ion 3.04 MUNICIPALITY shall provide a request for final reimbursement to COUNTY no later than ninety (90) days following completion of the Project and provision of either a Certificate of Occupancy or Project Completion Certification to COUNTY. Section 3.05 County agrees to reimburse MUNICIPALITY an amount not to exceed $(Amount) for those approved pre-agreement costs accruing to the Project subsequent to November 5, 2002, as more fully described in Exhibit "D", Pre-Agreement Cost List. 4 Section 3.06 For construction projects fully funded by COUNTY, no more than 10% of COUNTY's funding for the project shall be used for design and engineering costs for the project and be eligible for reimbursement under this Interlocal Agreement. For construction projects not fully funded by COUNTY, all design and engineering costs associated with the project shall be borne by the MUNICIPALITY, and will not be eligible for reimbursement from COUNTY. Section 3.07 COUNTY shall reimburse Project costs only after MUNICIPALITY has expended its share of Project funding in its entirety. MUNICIPALITY shall provide COUNTY with a certification, in a form acceptable to COUNTY, from MUNICIPALITY'S Chief Financial Officer or an independent auditor that MUNICIPALITY has complied with this Project funding provision. COUNTY will be entitled to rely on that certification in reimbursing Project costs to MUNICIPALITY under this Interlocal Agreement. ARTICLE 4: OWNERSFIIP, OPERATION AND MAINTENANCE OF THE PROJECT Section 4.01 Upon completion, the Project shall remain • the property of the MUNICIPALITY. COUNTY shall not be required to pay MUNICIPALITY any additional funds for any other capital improvement required by or of MUNICIPALITY. Section 4.02 MUNICIPALITY hereby warrants and represents that it has full legal authority and financial ability to operate and maintain said Project. MUNICIPALITY shall be responsible for all costs, expenses, fees and charges, and liability related to the operation and maintenance of the Project. Section 4.03 MUNICIPALITY shall operate and maintain the Project for its intended use by the general public for a term of thirty (30) years from the execution of this Interlocal Agreement by the parties hereto. MUNICIPALITY shall maintain the Project in accordance with industry standards for such facilities to prevent undue deterioration and to encourage public use. Section 4.04 The rights and duties arising under this Interlocal Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. MUNICIPALITY may not assign this Interlocal Agreement or any interest hereunder without the express prior written consent of COUNTY. Section 4.05 It is the intent of COUNTY to issue this funding assistance to MUNICIPALITY for the purpose set forth hereinabove. In the event MUNICIPALITY transfers ownership of the Project to a party or parties not now a part of this Interlocal Agreement, other than another governmental entity that agrees to assume, in writing, MUNICIPALITY 's obligations hereunder, COUNTY retains the right to reimbursement from MUNICIPALITY for its participation to the full extent of the funding assistance awarded to accomplish the Project. Should MUNICIPALITY transfer management of the project to a party or parties not now a part of this Interlocal Agreement, MUNICIPALITY shall continue 5 to be responsible for the liabilities and obligations as set forth herein. Further, MUNICIPALITY shall not transfer management of the Project to a third party without the written consent of COUNTY. ARTICLE 5: USE OF THE PROJECT Section 5.01 MUNICIPALITY warrants that the Project shall serve a public recreational or cultural purpose and be open to and benefit all residents of Palm Beach County and shall be available thereto on the same cost and availability basis as to residents of MUNICIPALITY. MUNICIPALITY shall not discriminate on the basis of race, color, sex, national origin, age, disability, religion, ancestry, marital status or sexual orientation with respect to use of the Project. Section 5.02 The term of this Interlocal Agreement shall be for a period of thirty (30} years commencing upon the date of execution of this Interlocal Agreement by the parties hereto. MUNICIPALITY shall restrict its use of the Project to recreational, cultural, civic, community and social purposes only unless otherwise agreed to in writing by the parties hereto. Section 5.03 MUNICIPALITY shall affix a permanent plaque or marker in a prominent location at the completed Project indicating .that COUNTY was a contributor to the development of the Project. Said plaque or marker shall include the County seal and a list of County Commissioners, unless otherwise directed by COUNTY's Representative. ARTICLE 6: ACCESS AND AUDITS MUNICIPALITY shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the (acquisition/design/construction) of the Project for at least five (5) years after the end of the fiscal year in which the final payment is released by COUNTY, except that such records shall be retained by MUNICIPALITY until final resolution of matters resulting from any litigation, claim, or special audit that starts prior to the expiration of the five (5) year period. COUNTY reserves the right, upon reasonable request and during normal business hours, to inspect said Project and shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit. ARTICLE 7: NOTICES Any notice given pursuant to the terms of this Interlocal Agreement shall be in writing and hand delivered or sent by Certified Mail, Return Receipt Requested. All notices shall be addressed to the following: As to COUNTY: Director of Parks and Recreation Palm Beach County Parks .and Recreation Department 6 2700 Sixth Avenue South Lake Worth, FL 33461 With a copy to: County Attorney 301 North Olive Avenue, Suite 601 West Palm Beach, FL 33401 As to MUNICIPALITY: Title Name of City City Hall Address City, Florida Zip ARTICLE 8: TERMINATION FOR NON-COMPLIANCE COUNTY may terminate this Interlocal Agreement upon written notice to MUNICIPALITY for non-compliance by MUNICIPALITY in the performance of any of the terms and conditions as set forth herein and where MUNICIPALITY does not cure said non- compliance within ninety (90) days of receipt of written notice from COUNTY to do so. Further, if MUNICIPALITY does -not cure said non-compliance within the time frame specified above, then upon written notice, COUNTY may require MUNICIPALITY to reimburse any funds provided to MUNICIPALITY pursuant to this Interlocal Agreement either in whole or in part once COUNTY has reasonably determined that no other remedy is available. ARTICLE 9: REMEDIES This Interlocal Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Interlocal Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy .shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. The parties hereto may pursue any and all actions available under law to enforce this Interlocal Agreement including, but not limited to, actions arising from the breach of any provision set forth herein. ARTICLE 10: FILING A copy of this Interlocal Agreement shall be filed with the Clerk of the Circuit Courtin and for Palm Beach County. 7 ARTICLE 11: INDEMNIFICATION It is understood and agreed that MUNICIPALITY is merely a recipient of COUNTY funding and is an independent contractor and is not an agent, servant or emp{oyee of COUNTY or its Board of County Commissioners. It is further acknowledged that COUNTY only contributes funding under this Interlocal Agreement and operates no control over the Project. In the event a claim or lawsuit is brought against COUNTY or any of its.officers, agents or employees, MUNICIPALITY shall indemnify, save and hold harmless and defend COUNTY, its officers, agents, and/or employees. from and against any and all claims, liabilities, losses, judgements, and/or causes of action of any type arising out of or relating to any intentional or negligent act or omission of MUNICIPALITY, its agents, servants and/or employees in the performance of this Interlocal Agreement. The foregoing indemnification shall survive termination of this Interlocal Agreement. In consideration for reimbursement of costs incurred prior to the term of this Interlocal Agreement, the foregoing indemnification shall apply not only during the term of this Interlocal Agreement but also apply for the period prior to the Interlocal Agreement for which MUNICIPALITY is eligible to receive reimbursement from COUNTY. ARTICLE 12: INSURANCE Without waiving the right to sovereign immunity as provided by Section 768.28, Florida Statutes, MUNICIPALITY acknowledges to be either insured or self-insured for General Liability and Automobile Liability under Florida sovereign immunity statutes with coverage limits of $100,000 Per Person and $200,000 Per Occurrence; or such monetary waiver limits that may change and be set forth by the legislature. MUNICIPALITY agrees to maintain or to be self-insured for Workers' Compensation and Employer's Liability insurance in accordance with Florida Statutes Chapter 440. MUNICIPALITY agrees to maintain or acknowledges to be self-insured for property insurance, which would include builder's risk insurance while the project is in the course of construction in an amount at least equal to the estimated completed project value as well as subsequent modifications of that sum; thereafter, A11-Risk property insurance for adequate limits based on MUNICIPALITY's replacement cost or probable maximum loss estimates for the perils of either fire, wind, or flood. MUNICIPALITY shall agree to be fully responsible for any deductible or self-insured retention. MUNICIPALITY shall agree to provide a statement or Certificate of Insurance evidencing insurance, self-insurance; and/or sovereign immunity status, which COUNTY agrees to recognize as acceptable for the-above mentioned coverages. Compliance with the foregoing requirements shall not relieve MUNICIPALITY of its liability and obligations under this Interlocal. Agreement. MUNICIPALITY shall require each Contractor engaged by MUNICIPALITY for work associated with this Interlocal Agreement to maintain: 8 Workers' Compensation coverage in accordance with Florida Statutes including endorsements for U.S. Longshore and Harbor Workers Compensation Act and the Merchant Marine Act (Jones Act) in the event any portion of the scope of services/work occurs over, near, or contiguous to any navigable bodies of water. 2. Commercial General Liability coverage at limits of not less than $1,000,000 Each Occurrence. The COUNTY shall be added an "Additional Insured". 3. Business Auto Insurance with limits of not less than $1,000,000 Each Accident. 4. If the construction work being performed exceeds $200,000, a payment and performance bond for the total amount of their construction contract, in accordance with Florida Statute 255.05. ARTICLE 13: PUBLIC ENTITY CRIMES As provided in Section 287.132-133, Florida Statutes, by entering into this contract or performing any work in furtherance hereof, MUNICIPALITY certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by Section 287.133 (3)(a), Florida Statutes. ARTICLE 14: CAPTIONS The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. ARTICLE 15: SEVERABILITY If any term or provision- of this Interlocal Agreement, or the application thereof to any person or circumstance, shall to any extent be held invalid or unenforceable, the remainder of this Interlocal Agreement, or the application of such term or provision, to any person or circumstance other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Interlocal Agreement shall be deemed valid and enforceable to the extent permitted by law. 9 ARTICLE 16: ENTIRETY OF AGREEMENT This Interlocal Agreement represents the entire understanding between COUNTY and MUNICIPALITY, and supersedes all other negotiations, representations or agreements, either written or oral, relating to this Interlocal Agreement. None ofi the provisions, terms and conditions contained in this Interlocal Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. ARTICLE 17: THIRD PARTY BENEFICIARIES This Interlocal Agreement is made solely and specifically among and for the benefit. of the parties hereto, and their respective successors and assigns subject to the express provisions hereof relating to 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 Interlocal Agreement as a third-party beneficiary or otherwise. IN WITNESS WHEREOF, the parties have caused this Interlocal Agreement to be executed on the day and year first above written. ATTEST: SHARON R. BOCK CLERK & COMPTROLLER By: Deputy Clerk ATTEST: By: Clerk PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: (Name of Municipality) By: Mayor APPROVED AS TO TERMS AND CONDITIONS: By: Dennis L. Eshleman, Director Parks and Recreation Department APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: County Attorney By: Tony Masilotti, Chairman Municipality Attorney 10 LIST OF EXHIBITS EXHIBIT A Project Description, Conceptual Site Plan, and Cost Estimate EXHIBIT B Legal Description of Property EXHIBIT. C Contract Payment Request Form (Page 1 of 2} and Contractual Services Purchase Schedule Form) (Page 2 of 2) EXHIBIT D Pre-Agreement Cost List (If Applicable) 11 EXHIBIT A PROJECT DESCRIPTION, CONCEPTUAL SITE PLAN, AND COST ESTIMATE 12 EXHIBIT B LEGAL DESCRIPTION OF PROPERTY 13 EXHIBIT C CONTRACT PAYMENT REQUEST FORM AND CONTRACTUAL SERVICES PURCHASE SCHEDULE FORM 14 EXH{BIT D PRE-AGREEMENT COST LIST Note: Costs must be for eligible project expenses incurred subsequent to November 5, 2002 15 Date: April 11, 2007 AGENDA ITEM NUMBER: .~ ~; AGENDA REQUEST Request to be placed on: x Consent Agenda -Regular Agenda Workshop Agenda -Special Agenda When: April 17, 2007 Description of Agenda Item (who, what, where, how much): Request approval of draft of agreement with Palm Beach County for funding in an amount not to exceed $250,000 from the 2002 Recreation and Cultural Facilities Bond for the , Miracle League diamond at Miller Park. This funding precludes the $10,000 previously allocated for this project from the Recreation Assistance Program. Department H d Signature: City Attorney' view/Recommendation (if applicable): _ Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: Account Number Description Account Balance: Funding Alternatives: City Manager Review: Approved for Agenda: e / No Initials: Hold Until: Agenda Coordinator Review: (if applicable) Received: MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: City Manager DATE: April 11, 2007 Q _.. SUBJECT: AGENDA ITEM # v • ~ -Regular Meeting of Apri117, 2007 Special Event Reguest/Art and Jazz on the Avenue ITEM BEFORE COMMISSION City Commission is requested to endorse the next Art & Jazz on the Avenue scheduled for May 10, 2007 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue from Swinton to the west side of NE/SE 7th Avenue, Railroad Drive from Atlantic north to north side of the east/west alley, and to the alleys north and south of Atlantic on NE/SE ls` Avenue, NE/SE 2°d Avenue, SE 3`d Avenue, NE/SE 4~' Avenue, and the Tennis Center Parking lot and to authorize staff support for security and traffic control, banner hanging and removal, barricade set up and removal, trash removal and clean up. BACKGROUND Attached aze the special event permit request, budget, site plan, Hold Harmless Agreement, and Certificate of Insurance for this event received from Marjorie Ferrer. Although we are not asking to close Atlantic Avenue west of Swinton, the event boundary will extend to NW/SW 5~' Avenue. Entertainment will be located in the library, in front of Atlantic Grove and in Clay Widemans Pazking lot. The estimate of overtime cost for this event is $9,345. Cost for the barricade rental is estimated at $420. Although EMS assistance was not requested, staff is recommending it be required. Based on the event agreement, the Downtown Marketing Cooperative is to pay the City 20% for all costs over $1,000. The estimated charges for this event aze $2,190. This event is sponsored by the Sun Sentinel. RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit and street closure, staff support as requested, including barricades with payment of costs to the City per the agreement between the City and the Downtown Marking Cooperative. RAB/db Attachments F:\WoricWgenda Memo special Event Request Art Jazz on the AveRV.doc QELRAY BEACH ~ t!yi k t t! 3 ~~, City of Delray Beach ~'~~~~ Special Event Permit Application PLEASE PRINT 1 ~Jt33 2{01 Event Approved/Denied Date of Approval/Denial Approved/Denied by Title 1. Event Name/Title: Art & Jazz; 2. Event Date(s):, Event Time(s): May 10, 2007 6-10 pm 3. Event Sponsor/Producer: Downtown Marketing Cooperative 4. Event Contact/Coordinator: Marjorie Ferrer 5. Address: 64 A SE 5th Avenue Delray Beach FL 33483 6. Telephone Number: 561-279-1380 ext 17 Cellular Number: 561-271-3168 7. E-mail Address: Mariorie(a~delraybeach.com 8. Event Description Art & Jazz is an event that brings thousands of people to our downtown area The purpose is to provide the setting for an open house for merchants (If neighborhood block party, then please skip questions #10-35 and go to question #36) 9. Sponsor Category: (please check) City XNon-Profit/Charitable ^ Private ^ Co- Sponsor -Non-Profit/Private ^ (If Non-profit attach proof of 501 c(3), c(4), c(6), c(10) or c~19)) 10. Event Location/Address: Atlantic Avenue from NW/SW 5` Avenue to SE/NE 7`h ~--~ Avenue Street sur s are as follows: Atlantic Avenue from Swinton to NE/SE 7t Avenue Railroad rom Atlantic Avenue to North side of alleyway NE 2" Avenue from Atlantic Avenue to south side of Alleyway Alleyway between NE 2nd Ave and Railroad Way; Site plan attached: yes X_ no (Site plan required for entire event site) 12. Event budget attached: yes X_ no (Required for all events) 13. Serving or selling alcoholic beverages: yes no X_ (If yes, copy of license and alcohol liability insurance required two (2) weeks priorto event) 14. Event certificate of insurance attached: yes X_ no (Required two (Z) weeks prior to event naming the City as additional insured, alsorequired for vendors) 15. Playing of amplified music: yes _x_no (Waiver required) * Request Waiver of Noise Ordinance 16. Requesting Police assistance: yes X no (Traffic control/security) 17. Will supplement with private security: yes no X (!f yes, need plan attached) 18. Requesting Emergency Medical assistance: yes no X_ 19. Requesting barricade assistance :yes X no 20. Requesting trash removal/clean up assistance: yes X no 21. Requesting trash boxes and liners: yes X no 22. Requesting stage use: yes no X (!f yes, check type) Larae staae covered X Large stage no cover ^ Small stage ^ Half small stage ^ 23. Requesting signage :yes X no Type: Event sign (4'x4') Directional signs Banner hanging _yes Indicate dates required 1 week prior (Waiver required if more than one (7) week proior X event) 24. Food and beverage vendors: yes If yes, please provide the approximate number, as well as the name, address, and contact phone number of each vendor which is due no later than one week prior to the event 25. Health Department approval: (see attached) yeno o X 26. Other vendors: -Sponsors only yes_________ 27. Tents: yes X no (If yes, tent permits and fire inspections maybe needed) 28. Will the event include amusement rides? requiring state approval? Yes no X (If yes, type and location and copy of liability insurance required)(Also, please provide the name, address and contact phone number for each amusement provider along with copies of their liability insurance) 29. Will the event be gated? Yes no X (Show on-site map) 30. Will there be fireworks or other pyrotechnics? Yes no X (!f yes, contact Fire Marshall) 31. Will there be cooking with compressed gas? Yes no _X (If yes, contact Fire Marshall) 32. Will you be providing port-a-lets for the event? Yes X no (If yes, locate on-site map. If no, indicate how you wil! handle restroom needs) 33. Will there be a charge for the event? Yes no X (If yes, indicate ticket prices) 34. Is reserved parking requested? Yes no _X (If yes, indicate locations) 2 35. Neighborhood Block Parties (Neighborhood block parties only) • Is event sponsored by the Homeowner's Association? yes no (If not, then individual(s) submitting permit application must also submit a petition signed by 51 % of the homeowners who live on the block) • Please note the following:1) Approvals will only be given for a one (1) block area 2) Permit applications must be received in writing by the City Manager's Office at least thirty (30) days prior to the event.3) Consumption or sale of alcohol on City rights-of-way will not be permitted.4) Structures other than barricades are not allowed in City rights-of-way.5) Homeo be incurred as anreslulbof City staff inpvolveld in the overtime costs that may event. ~~N/~ ~~a~ d~ Event Contracto?llCoordinator Please print: uate Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 1S-Avenue, Delray Beach, Florida 33444. For Staff Use Only 100.00 Date Received Application fee received $ Site map Budget Certificate of insurance Hold Harmless agreement Security plan Waiver alcoholic beverage Railroad approval Coast Guard approval 501 c(3) or (d) certificate or letter Health Department approval Fire Inspector approval Police Department approval Public Works approval Parks and Recreation approval City Commission approval 3 From: Certificate Dept. At: Plastridge Ins.Agency FaxID: To: Robin Cox Date: 4/132007 03:57 PM Page: 2 of 2 OP ID ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) _ DELRA-2 04/13/07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE The Plastridge Agency, Inc . HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 820 N.E. 6th Avenue ALTER THE COVERAGEAFFORDED BY THE POLICIES BELOW. Delray Beach FL 33483 Phone:561-276-5221 Fax: 561-2?6-5244 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Maryland Casualty Company 09315 Delray Beach Chamber of INSURER B AmCOmp Preferred Ins . Co . of Commerce Commerce INSURER C: 64-76 5. E. 5th Avenue Beach FL 33483 Delra INSURER D: y 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 ANV CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAV BE ISSLIED OR MAY PERTAIN, THE INSURANCE AFFORDED BV THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BV PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE (MMIDD/Y1'I DATE (MM/DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 A X X COMMERCIAL GENERAL LIABILITY PAS42076597 04/20/06 04/20/07 pREMISES(Eaoccurence) $ looooo CLAIMS MADE X^ OCCUR MED EXP (Any one person) $ 10000 PERSONAL 8 ADV INJURY $ 1000000 GENERAL AGGREGATE $ 2000UOO GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS-COMP/OPAGG $ 2OOD000 X POLICY jE0. LOC AUT OMOBILE LIABILrrY COMBINED SINGLE LIMIT 1000000 A ANVAUTO PA542076597 04/20/06 04/20/07 (Ea accident) $ ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) }{ HIRED AUTOS BODILY INJURY }{ NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANV AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ SOOOOOO A occuR ~ cLAIMSMADE PA542076597 04/20/06 04/20/07 AGGREGATE $ 5000000 $ DEDUCTIBLE $ X RETENTION $ 10000 $ WORKERS COMPENSATION AND 70RV LIMITS ER B EMPLOYERS'LIABILrrY ANY PROPRIETOR/PARTNER/EXECLITIVE WCV7000562 06/24/06 U6/24/07 E.L. EACH ACCIDENT $ 1UU,000 OFFICER/MEMBER EXCLUDED? E.L. DISEASE-EA EMPLOYEE $ 100,000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ 500 , 000 A OTHER Equipment Floater PAS42076597 04/20/06 04/20/07 DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS Certificate holder is named additional insured on the above stated GL Policy Event:Art 6 Jazz on the Avenue, event held on May 10,2007 CERTIFICATE HOLDER CANCELLATION CITYD-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of Delray Beach IMPOSE NO OBLIGATION OR LIABILnv OF ANY KIND UPON THE INSURER, ITS AGENTS OR Attn: Doug Smith 100 N.W. 1st Avenue REPRESENTATIVES. Delray Beach FL 33444 I AUTHORIZED REPRESENTATIVE ^ ^w ~ // i D CORPORATION 1988 SPECIAL EVENT HOLD HARMLESS AGREEMENT p...~ The Delray Beach Downtown Marketing Cooperative (comprised of the Community Redevelopment Agency, Downtown Development Authority Chamber of Commerce and the City of Delray Beach) agrees to indemnify, hold harmless and defend the City of Delray Beach, its agents and employees from alf suits, actions and claims including attorney's fees and costs attendant to any claim, litigation, administrative proceeding, appeal and judgment of every name and description brought against the City as a result of loss, damage or injury to person or property arising from and in exchange for the Delray Beach Downtown Marketing Cooperative use of City Facilities or property for the special event of * '~? ~ ?.f~~- DrY T/~ Y~'.tiuE and hereby releases the City of Delray Beach, its agents and employees from all suits, actions and claims including attorney's fees and costs attendant to any claim, litigation, administrative. proceedings, appeal and judgment of every name and description brought against the City as a result of loss, damage or injury to person or property arising from the special even# of ~ i¢r ~iYO ~i¢22 DAN Tint ,td~ ~vd~r * This Indemnification and Hold Harmless and Defend Agreement is only to the extent of insurance maintained by the Delray Beach Downtown Marketing Cooperative as covered under Scottsdale Insurance Company Policy number CLS 133446fi G~ Frank Wheat, Chairman Community Redev~iopment Agency Louis Carl76ne, ~ Chairman Downtown Development Authority William Wood, Presi nt Chamber of Commerce Robert Barcinski, Assistant City Manager City of Delray Beach Revised 4/21!0& March 26, 2007 Mr. Robert A. Barcinski City of Delray Beach 100 N.W. 1St Avenue Delray Beach, FL 33444 RE: WAIVER -NOISE ORDINANCE AND ALCOHOL WAIVER ART & JAZZ ON THE AVENUE Dear Mr. Barcinski: The Downtown Marketing Coophursda IsMa u10t12007 from therhou solof 6 OOIt n10:00 the Art & Jazz being held on T Y, Y p.m. (1) Waiver of amplified music, per Chapter 99 (C) of the City Code of Ordinances, Section 99.30. (2) Waiver of alcoholic beverages on public property per City Code 113.02(b) with the condition that only plastic and paper cups are used for beverages, not glass or bottles. The event will cover the areas of Atlantic Avenue from NW/SW 5th Avenue to SE/NE 7th Avenue and includes Railroad Wa{ fsouthtsadel of Alleyway;NAl Byway between NE 2E 2"d Avenue from Atlantic Avenue Avenue and Railroad Way. Thank you for your consideration of this request. S' ce I M RJORIE FERRER !sk cc: Lt. John Battiloro David T. Harden DELRAY BEACH DOWNTOWN MARKETING COOPERATIVE • City of Delray Beach • Community Redevelopment Agency • Downtown Development Authoriry • Greater Delray Beach Chamber of Commerce 64-A SE Fifth Avenue, Delray Beach, FL 33483 • Tel: 561.279.1380, ext 16 • Fax: 561.278.0555 www. DowntownDelrayBeach. coin e b~ March 22, 2007 Mr. Charles Lynch Vice President, Transportation P.O. Box 1048 St. Augustine, FL 32084 Dear Mr. Lynch: r -' ~~ ~`~: F p e b~ 1~~p ~. L __ ~l+~ ~©~'~ The Downtown Marketing Cooperative will hold Art and Jazz an the Avenue in the City of Delray Beach on Thursday, Mal 10, 2007. This event closes off the street to Atlantic Avenue from Swinton to NE/SE 7 Avenue and SE 3ro Avenue from Atlantic Avenue to Alley and NE 3`~ Avenue from Atlantic to Alley. This encompasses the area of the FEC railroad tracks. The street will be closed from 6:00 p.m. to 10:00 p.m. To ensure the safety of the public we are requesting that during this event the Florida East Coast. Railway Company agree to slow down the train speed to 30 MPH over the Atlantic Avenue crossing from 6:00 p.m. to 10:00 p.m. Since you can no longer provide a representative from your Police & Special Services Department to be stationed at the railroad tracks, we are alerting our Police Department to station an officer at that crossing. We are also passing on the emergency number you gave us (800-342-1131-0}, if there is a problem. We would appreciate a conf~ of the above request to slow down the trains during this event. Please reply to Marjorie Ferrer, Executive Director, 64 S.E. 5 Avenue, Delray Beach, FL 33483. As always, we appreciate your cooperation. Sincerely, MARJORIE FERRER, Executive Director cc: Robert A. Barcinski DELRAY BEACH DOWNTOWN MARKETING COOPERATIVE • Ciry of Delray Beach • Community Redevelopment Agenry • Downtown Development Authority • Greater Delray Beach Chamber of Commerce 64-A SE Fifth Avenue, Delray Beach, FL 33483 • Tel: 561.279.1380, ext 16 • Fax: 561.278.0555 www.DowntownDelravBeach.com b t o0 v G o 0 ° o0 00 ° ~ °o Oo °o ~ °o °c °o °o ~ °o o °o ' ~I WF - 0 o 0 o p o " n oa o ~ o ; y m ~n~ o V r r N Wti r v O^ " N ~ of ri m o t 0 r N M a ~ N i a m l j j N a x ' ~ I o ~ I W N i o c m 3 c 3 a10 I N m t Q c C ~ C E r O y N E y ~, j ~ ~ ur E C~ i ~ ¢ m m d a ~ _ y W otf m ~ ~ Q in ~ ~ ~ o r' O o o ~ r N C7 I Q c, a~ ~ a 2 a ~ o o a>' > > ~ ~ ~ a 3 v m d r °O m ~ c ` _ ~' a 'm o i c m r ~ w so ~ o fq O U W ~ o 2 ~ ~ j w U > a m U = te a ~ U ~t A m n. ~ 0 I o O 0 O 0 O 0 O 0 O 0 0 0 0 0 0 O 0 O 0 N 0 O O O O O O O O O O O O O O N ~Of! M b M W, f. O O 0 0 0 O O M ao f~ N I O Ni y~ I N CA r O N N 0 ~ 67 M r CD I f D ~ O (' O N N t 0 I N ~ ~ m a H F M OD 10 N O N O N O N O M N O O r n I CD O W Q O N M C W C9 t0 h N v ~ I N ~ O O O ` ' V ... M' ... .... O N . . P .... Oa _ O ~ . m . ~ m ~ W F O O 0 0 Q X 0 O 0 O O M O a t00 h 0 W 0 O 0 N p 0 N 0 N 0 O 0 r 0 N ~ M M w ~ 0 0 O O O O F W } M M D1 M 0 r {O p I 07 m Q N r N N N O er [ +1 I O O ~ m r i ~ O ~ m LL O O O CA CO O N r M N p ~ N O ~ N 10 M O Oil -~ r of r O ~ M O O ~ O N O ~ ~ N r ~ N N C D ~ N r i ~ ~ W r 0 I I O O d' N n M ~ C D j Q I^ r ~ M cV 1 f 0 N i N j ~' Z ' ~ O O ~0C5 ~O CO I O i O O ~ O ~ M f+J N ~"' i G N ~ r nj M r O 0~0 W 1~(J O V O N O) N O O O f0 M M r O j_ " O) ~ Ir r ~ 7 Q N 100 0 O O i~ ~ N d0' ~ (p r M N j 61 ~ H = ~ r i r Of ' W i 3 I D ~ m o!j i0 ! O ~ t00 o O CN9 O ~ 0' N ~O M ~O M ~ N d f D 7 p T CO r N C I a r i ~ ~ t0 O ~ C7 M O ~ X11 'I~ CO OD C7 I~ O rn ~O ~ f~ M ~ O O DD M O ~ N W V N J Q l0' O N O O O O 0 M ~ O 0 M b d > t0 ~ ~ ~ t0 M i r M N M ~ ~ ~ ~. O O N O ~ M . N ~ M ,, r ~ ~ O N ~ Q Q~ N N O D ~O y ~ I a ~ ~ ~ ~ c Q o N a i ~ 2 N ~ ~ .N. N ? N U ~ Q H m ~ rn ur •+ w . m c o y (WA w j J ~ ~ ~ ~ ~ ~ ~ v a y i c ~ c rn ~ c ,E A ~ Q ~ c m ot s m n r o c m 0 U ai ° = ~ E y d E O ° s f ~ ~ E E o r i o c c m c o U o 0 a x ~ ~o 5 o a ' ~ X DD ~- a ~ w, °° o rn . n a v ? ~ w y Z a ~ m ~ y i +I~ m o as d ~ m F 3 o '~ v a `-° m c rn m ~ °~"-~ . W 06 y atJ w J ~ Q ~ a3 ~ ? fi r cp Q ° ' ~ r o a p N t U rn Q d u. .Q c a = Q 9 $ m < Z `` I G' V 7 L O 0 0 0 X 'O O l ~ O C 'T ' O O O ~ Q d ~ ' m N m L 0 ~ ~A 3 d K t a0. O W Z li Q ? VJ fA ~ ~ S H W Q (A (~ U W U lg d m U 2 O ~ ~ ~ D_ U F U ~ y d F F ti 0 0 N N N M '~ d ~+ d C. O V 4 a° d L !"' f+ Z J 1. L ~ 0 c a ~ '~'' ` O J •~ ~ ~ _ J y .~ a i ' ~ c a, Y w a a ~~ v ~ V ~- ~Mi' F1,l1 ~~ k°. ~,,.,; . ~. .., ~~- --- ,,. r ~r.a~n* ~~ ~~~~. ~.. .. ,_._,„~ . P~;~~ ~ ~~ ~~ .~ ~ ~~~. ~j-+ 't * t ht ~ ~ e r MEMORANDUM TO: Mayor and City Commissioners FROM: Bert A. Barcinski, Assistant City Manager THROUGH: City Manager DATE: April 12, 2007 SUBJECT: er~Fwna r SPECIAL EVENT REQUEST/BED RACE ITEM BEFORE COMMISSION City Commission is requested to endorse the l Otl' Annual Bed Race and Street Dance proposed to be held on May 18, 2007 from 5:30 p.m. until 10:00 p.m., to grant a temporary use permit per LDR's Section 2.4.6.(F) for the use and closure of NE 2nd Avenue between NE 1St Street and NE 2nd Street and NE 2nd Street east and west of NE 2°d Avenue to the alleys, and to authorize staff support for traffic control and security, EMS assistance, trash removal and clean up, barricading, use and set up of the small stage, and preparation and installation of event signage. BACKGROUND Attached are an event permit request, site plan and budget received from Sue Keleher, Program Manager for Pineapple Grove Mainstreet, Inc. for this event. Over the last few years this event has been part of the Summer Nights event. Since the Downtown Marketing Cooperative has decided not to hold anymore Summer Nights events, Pineapple Grove Mainstreet, Inc. is assuming sponsorship for the event. Staff assistance is being requested as stated above. Estimated overtime costs are $3,000 and stage rental cost is $535 for a total cost of $3535. Based on event policies and procedures the charge for City services will be approximately $1,015. RECOMMENDATION Staff recommends approval of the event, the temporary use permit and staff assistance as requested contingent on the sponsor providing a Certificate of General Event Liability Insurance and Hold Harmless Agreement. RAB/db Attachments U:lwwdatalEventslBed RacelAgenda Memo Special Event Request Bed Race 2007.doc .." a pl i! ~ AE ~ ~DriRAY ~~ City of Delray Beach . A_ F ~ Special Event Permit Application y- . x - ~ ~~ " PLEASE PRINT 1993 ' 2001 Event Approved/Denied Date of Approval/Denial Approved/Denied by Title 1. Event Name/Title: ~~ 2. Event Date(s): Event Time(s): 3. 5. 6. 7. 8. 9. 10. Event Sponsor/Producer:_ f~ ~~~~i~C~ Event Cvntact/Coordinat r = ~~' ~ = Q- Telephone Number: 5L /. ~~9 ~e-~. Cellular N E-mail Address: ~~•vG/)i~pGE ~/~ c~ D1 ~l,~ Event Description: ~ ~ ,~IJL . L ~/ GUl.4~1"j C<d~# T " /~,/1-IyUG'.1' / O"./Z,~ ~,1 7o OUP /~/1-~~-; f /Cs~'t U'<~s.! (!f neighborhood block party, then-please skip questions #10.35 and $o b questioon #36) DF' G-w ~• Sponsor Category: (please check) City ~~IQon-Profit/Charitable ate ^ Co- Sponsor -Non-Profit/Private ^ (If Non profit attach proof of 501c(3), c(4), c(6), c(10) or c(19)) Event Location/Address: ~ ~ ©/!l/L'gle/~~c-i 2v ltT Lrf/~t1 7 -•v7/[i 7 2 2..• d ux Site plan attached: v yes / no `~ '~ (Site plan required lbr entice event site) 12. Event budget attached: yes ~ no Re aired for all events) 13. ruin or s~ig alcoholic beverages: •n~iO`~y s ~ no (If yes, copy of l/cense and alcohol liability Insurance required two (2) weeks prior b event) 14. Event certificate of insurance attached: yes no (Requ/red two (2) weeks prior b event nam/ng the Clty as additional insured, also requirged for vendors) ~ ~r ~j ~ peo C9r~~ 15. Playing of ampl~ed music: yes no (Waiver r~equlned) /d-`Qt~d > !vim v'c~2 ,rr c' ~U~i ~.: p.~i ~r/~ ~(J C~ 16. Requesting Police assistance: yes r/ no (Tratgc controUsecurlty) 1 17. Will supplement with private security: yes no (If yes, need plan at~cheaf) 18. Requesting Emergency Medical assistance: yes no ~ 19. Requesting barricade assistance : yeses no 20. Requesting trash removal/clean up assistance: yes-~~ no 21. Requesting trash boxes and liners: yes-~~ no 22. Requesting stage use: yes-~~ no (If yes, check fype) ~.S2t~yl-~ Large stage covered ^ Large stage no cover r3YSmall stage ^ Half small stage ^ / 23. Requesting signage : yes r/ no Type: Event sign (4'x4'1 Directional signs Banner hanging ~t.S Indicate dates required u// • ~ v2 (Waiver required rf more than one (7) week prior to even ) 24. Food and beverage vendors: yes ~ no If yes, please provide the approximate number, as well as the name, address, and contact phone number of each vendor which is due no later than one week prior to the event ~~ 25. Health Department approval: (see attached) yes no 26. Other vendors: yes~~ no~ 27. Tents: yes~~ no (Jf yes, tent permlts and fire inspections maybe needed) 28. Will the event include amusement Hdes? requiring state approval? ~~- . yes no (/f yes, type and /oca#ion and copy of Ilabilffy insurance required)(Also, please provide the name, address and contact phone number for each amusement provider along with copies of their liability insurance) 29. Wilt the event be gated? yes no (Show on-site map) 30. Witl there be fireworks or other pyrotechnics? yes no ~~ 31 (If yes, contact Fire Marshal!) Will h . t ere be cooking with compressed gas? yes no 32 (If yes, contact F/re Marshall) Will v ~ . you be pro iding port-a-lets for the event? yes no (!f yes, locate on-site map. ff no, indicate how you will handle restroom needs) / 33. Will there be a charge for the event? yes ~ no (lf yes, indicate ticket prices) - 34. Is reserved parking requested? yes no / (If yes, indicate locations) 2 35. Neighborhood Block Parties (Neighborhood block • Is event sponsored by the Homeowner's Association? yes no (If not, then individual(s) submitting permit application must also submit a petition signed by 51 % of the homeowners who live on the block) • Please note the following:1) Approvals will only be given for a one (1) block area 2) Permit applications must be received in writing by the City Manager's Office at least thirty (30) days prior to the event.3) Consumption or sale of alcohol on City rights-of-way will not be permitted.4) Structures other than barricades are not allowed in City rights-of-way.5) Homeowners Association will be required to pay all overtime costs that may be incurred as a result of City staff involved in the ~ ,/ o ~ 1Ev r4~ Contractor/Coordinator Date Please prints S'1/a=~-~~ ~ - ~~-c/~~ Please enclose the appropriate non-refundable application fee payable to the City of Defray Beach, 100 N.W. 1 Avenue, Delray Beach, Florida 33444. For Staff Use Only . Date Received ~~~~ ~_ Application fee received ~- ~ Site map Budget Certificate of insurance Hold Harmless agreement Security plan Waiver alcoholic beverage Railroad approval Coast Guard approval 501c(3) or (d) certificate or letter Health Department approval Fire Inspector approval Police Department approval Public Works approval Parks and Recreation approval City Commission approval 10th A N NUALBED RAC E REVENUE: Ent Fees 4 150 $ 600 Vendor Fees 3 100 $ 300 Bead Sales 50 $3.00 $ 150 S nsorshi s: Fain9ekl Resorts $ 1,500 Ocean Ci Pro erties $ 1,500 DDA $ 750 CRA $ 750 Ironwood Pro rties $ 500 Comcast $ 500 Ci Limiffi $ 250 Ci Mattress $ 1,500 Louts Carbone $ 250 Paradise Saton and S a $ 250 Automotive L ends $ 250 Pinea le Grove Villa a 500 Porten Com anies $ 500 Coca Cola $ 200 FPL $ 500 US I Stora e $ 250 TOTAL REVENUE $ 11,000 EXPENSES: Ci Fees Includ es $100 S vial .Fee $ 750 Banner & Si ns $ 50 Grass Skirts 8~ Leis $ 500 Tr hies $ 150 Prizes $ 1,100 Water,ice Gatorade for Runners $ 100 Insurance $ 1,000 Band- $ 350 Punch $ 30 . Decorations $ 80 Posta a TlYous $10.00 Gas - P/M r. $ 40 TOTAL EXPENSES $ 4160 NET INCOMEILOS3 (~ ~ 6,840 } 3 0 ~` c~3 ±~e a VV °d ti z n`. 1 lll\I l'\IA \I7C 133b15 1St '3'N Y ~ ~ ~ r ~~J I -•---.-.~._._._.J V ~ g ~\ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: RANDAL L. KREJCAREK, P.E. THROUGH: CITY MANAGER DATE: 13 APRIL 2007 SUBJECT: AGENDA ITEM # -REGULAR MEETING OF 17 APRIL 2007 FDOT JOINT PARTICIPATION AGREEMENT US 1 FROM C-15 CANAL TO TROPIC BLVD PROJECT # 2004-069 ITEM BEFORE COMMISSION The attached agenda item is a request for Commission approvaUauthorization for Mayor to execute a Joint Participation Agreement (JPA) with Florida Department of Transportation (FDOT) for the adjustment of City owned and maintained utilities within the US 1 corridor between the C-15 Canal and Tropic Blvd. BACKGROUND The FDOT will be resurfacing, adding sidewalks and creating swales on US 1 between the C-15 Canal and Tropic Blvd. As part of this work the water and sewer will need to be adjusted. The utility owner is responsible for all costs associated with utility adjustments. The JPA will allow FDOT to include all utility adjustment work in their contract. This project is anticipated to begin in the second half of 2008. The City Project number is 2004-069. FUNDING SOURCE The cost to the City, based on FDOT historical costs, is estimated to be $18,483.20. FDOT will require payment prior to advertising this project. It is anticipated that payment will be required in January 2008 therefore funds will be programmed to the FY 2007-2008 CIP for this JPA. RECOMMENDATION Staff recommends approval of JPA with FDOT. Enc Cc File 2004-069 (E) Agenda File S. U STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710-010-57 UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTILITIES (LUMP SUM) 10/04 Financial Project ID: 413839-1-52-01 Federal Project ID: County: PALM BEACH State Road No.: 5 District Document No: 1 Utility Agency/Owner (UAO): CITY OF DELRAY BEACH THIS AGREEMENT, entered into this day of , year of , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "FDOT, and CITY OF DELRAY BEACH, hereinafter referred to as the "UAO"; WITNESSETH: WHEREAS, the UAO owns certain utility facilities which are located on the public road or publicly owned rail corridor identified below, hereinafter referred to as the "Facilities" (said term shall be deemed to include utilityfacilities as the same may be relocated, adjusted, or placed out of service); and WHEREAS, the FDOT, is currently engaging in a project which involves constructing, reconstructing, or otherwise changing a public road and other improvements located on a public road or publicly owned rail corridor identified as US 1 From S. of C-15 Canal To Tropic Blvd., State Road No. 5, hereinafter referred to as the "Project' ; and WHEREAS, the Project requires minor modifications to the Facilities or the FDOT's design more particularly described in Exhibit A attached hereto and by this reference made a part hereof, hereinafter referred to as "Utility Work, and full plans and technical specifications for the Utility Work are not required; and WHEREAS, the FDOT will perform the Utility Work as part of the Project; and WHEREAS, the UAO, pursuant to the terms and conditions hereof, will bear certain costs associated with the Utility Work; and WHEREAS, the FDOT and the UAO desire to enter into an agreement which establishes the terms and conditions applicable to the Utility Work; NOW, THEREFORE, inconsideration of the premises and the mutual covenants contained herein, the FDOT and the UAO hereby agree as follows: 1. Performance of Utility Work a. The FDOT will include the Utility Work in its plans and specifications for the Project and will include the Utility Work as part of the FDOT's construction of the Project. The preparation of the plans and specifications and the construction of the Project will be performed in such manner as the FDOT, in its discretion, deemed appropriate. b. All location, protection, relocation, adjustment, or removal of the UAO's Facilities which is not listed in Exhibit A shall be performed pursuant to a separate agreement. 2. Cost of Utility Work a. The UAO will, at least 7 (Seven) calendar days prior to the date on which the FDOT advertises the Project for bids, pay the FDOT the amount of $ 18.483.20 for the cost of the Utility Work. Said amount will be deposited into the State Transportation Trust Fund. b. The FDOT and the UAO acknowledge and agree that the amount stated above includes an additional ten percent (10%) to cover the UAO's obligation for the cost of the Utility Work as set forth in Section 337.403(1)(b), Florida Statutes. Page 1 of 5 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710-010-57 UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTILITIES (LUMP SUM) 10/04 c. Except for costs associated with any changes or additions to the Utility Work, the FDOT and the UAO agree that the deposit shall be an asset of the FDOT and that it constitutes a full and final lump sum payment for the cost of the Utility Work, without any requirement for a subsequent accounting for the use of the deposit. d. Pursuant to Section 337.403(1)(b), Florida Statutes, no changes or additions to the Utility Work will be made during the construction of the Project unless the UAO has made an additional deposit to cover the cost of the changes or additions. To the extent that the amount stated in Subparagraph 2.a. above exceeds the amount of the FDOT contractor's bid that applies to the Utility Work, such excess may be applied to cover the cost of the changes or additions. All changes or additions shall be subject to the limitations on supplemental agreements and change orders contained in Section 337.11(8), Florida Statutes. 3. Default a. In the event that the UAO breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in this Agreement, the FDOT may exercise one or more of the following options, provided that at no time shall the FDOT be entitled to receive double recovery of damages: (1) Terminate this Agreement if the breach is material and has not been cured within 60 days from written notice thereof from the FDOT. (2) Pursue a claim for damages suffered by the FDOT. (3) Suspend the issuance of further permits to the UAO for the placement of Facilities on FDOT property if the breach is material and has not been cured within 60 days from written notice thereof from FDOT until such time as the breach is cured. (4) Pursue any other remedies legally available. (5) Perform any work with its own forces or through contractors and seek repayment for the cost thereof under Section 337.403(3), Florida Statutes. In the event that the FDOT breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in the Agreement, the UAO may exercise one or more of the following options: (1) Terminate this Agreement if the breach is material and has not been cured within 60 days from written notice thereof from the UAO. (2) Pursue any other remedies legally available. Termination of this Agreement shall not relieve either party from any obligations it has pursuant to other agreements between the parties and from any statutory obligations that either party may have with regard to the subject matter hereof. 4. Indemnification FOR GOVERNMENT-OWNED UTILITIES: To the extent provided by law, the UAO shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties Page 2 of 5 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710-010-57 UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTILITIES (LUMP SUM) 1004 may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any of its officers, agents, or employees during the performance of this Agreement. When the FDOT receives a notice of claim for damages that may have been caused by the UAO in the performance of services required under this Agreement, the FDOT will immediately forward the claim to the UAO. The UAO and the FDOT will evaluate the claim and report theirfindings to each otherwithin fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the FDOT will determine whether to require the participation of the UAO in the defense of the claim or to require the UAO to defend the FDOT in such claim as described in this section. The FDOT's failure to notify the UAO of a claim shall not release the UAO from any of the requirements of this section. The FDOT and the UAO will pay their own costs for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all costs. FOR NON-GOVERNMENT-OWNED UTILITIES: The UAO shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any of its officers, agents, or employees during the performance of this Agreement. The UAO's obligation to indemnify, defend, and pay for the defense or at the FDOT's option, to participate and associate with the FDOT in the defense and trial of any damage claim or suit and any related settlement negotiations, shall arise within fourteen (14) days of receipt by the UAO of the FDOT's notice of claim for indemnification to the UAO. The notice of claim for indemnification shall be served by certified mail. The UAO's obligation to defend and indemnify within fourteen (14) days of such notice shall not be excused because of the UAO's inability to evaluate liability or because the UAO evaluates liability and determines the UAO is not liable or determines the FDOT is solely negligent. Only a final adjudication or judgment finding the FDOT solely negligent shall excuse performance of this provision by the UAO. The UAO shall pay all costs and fees related to this obligation and its enforcement by the FDOT. The FDOT's delay in notifying the UAO of a claim shall not release UAO of the above duty to defend. 5. Force Majeure Neither the UAO nor the FDOT shall be liable to the other for any failure to perform under this Agreement to the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other event beyond the control of the non-performing party and which could not have been avoided or overcome by the exercise of due diligence; provided that the party claiming the excuse from performance has (a) promptly notified the other party of the occurrence and its estimate duration, (b) promptly remedied or mitigated the effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible. 6. Miscellaneous a. To the Facilities shall at all times remain the property of and be properly protected and maintained by the UAO in accordance with the then current Utility Accommodation Manual and the current utility permit for the Facilities. b. Pursuant to Section 287.058, Florida Statutes, the FDOT may unilaterally cancel this Agreement for refusal by the UAO to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the UAO in conjunction with this Agreement. Page 3 of 5 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710-010-57 UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTILITIES (LUMP SUM) 10/04 c. This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto, except that the parties understand and agree that the FDOT has manuals and written policies and procedures which shall be applicable at the time of the Project and the relocation of the Facilities and except that the UAO and the FDOT may have entered into other agreements for work not included in Exhibit A for Facilities located within the limits of the Project. Copies of FDOT manuals, policies, and procedures will be provided to the UAO upon request. d. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining portions hereof. e. Time is of essence in the performance of all obligations under this Agreement. f. All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile transmission, hand delivery, or express mail and shall be deemed to have been received by the end of five business days from the proper sending thereof unless proof of prior actual receipt is provided. The UAO shall have a continuing obligation to notify each District of the FDOT of the appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in writing, notices shall be sent to the following addresses: If to the UAO: Randal L. Kre'carek, P.E. Ci of Delra Beach 434 South Swinton Avenue Delra Beach, FL 33444 If to the FDOT: Rocky Deprimo FDOT District 4 Utilities 3400 W. Commercial Blvd. Ft. lauderdale, FL 33309-3421 7. Certification This document is a printout of an FDOT form maintained in an electronic format and all revisions thereto by the UAO in the form of additions, deletions, or substitutions are reflected only in an Appendix entitled Changes to Form Document and no change is made in the text of the document itself. Hand notations on affected portions of this document may refer to changes reflected in the above-named Appendix but are for reference purposes only and do not change the terms of the document. By signing this document, the UAO hereby represents that no change has been made to the text of this document except through the terms of the appendix entitled Changes to Form Document." You MUST signify by selecting or checking which of the following applies: ® No changes have been made to this Form Document and no Appendix entitled "Changes to Form Document" is attached. ^ No changes have been made to this Form Document, but changes are included on the attached Appendix entitled "Changes to Form Document." Page 4 of 5 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710-010-57 UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTILITIES (LUMP SUM) 10/04 IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written. UTILITY: CITY OF DELRAY BEACH BY: (Sislnature) DATE: (Typed Name: ~ (Typed Title: ~ Recommend Approval by the District Utility Office BY: (Sisanaturel DATE: FDOT Legal review BY: Si nature) DATE: District Counsel STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: (Sis~nature) DATE: (Typed Name: ~ (Typed Title: ~ FEDERAL HIGHWAY ADMINISTRATION (if applicable) BY (Typed Name: ~ (Typed Title: ~ DATE: Page 5 of 5 0 0 0 0 0 0 0 ~~010 0 0 0 0 0 0 0 0 oIo 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 !0l0 0 0 0 0 o o o ooio o o o o 0 0 0 0 o N o o N 0 w m 0 o v 0 o v 0 o v 0 w m 0 o v 0 o v 1010 lolco v'm 0 co lm 0 co m 0 o v 0 o v o ao m c o v o w c 0 010 ololo v'v'v 0 ao c 0 co 0 o v 0 ao 0 o v 0 co 0 oo 0 oo o ~ ui in v v v v ai ao i o c m m co m m ~ r v v_ T v ~ r Q F O VI vi vi fsa v~ u9 u3 v- ea ~ en ra ~n ~ rss u~ Fss fss II fss fa I ca I v- s~ vi vi vi v~s vs fsa v- ra v- v- w Z 0 0 0 0 0 0 0 o iolo 0 0 0 0 0 0 0 0 00 10 0 0 0 0 0 0 p 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O io 0 0 IOIO 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o OO io IO lo 0 O 0 0 0 0 0 0 0 0 0 J IL H V H 00 <c 0 v 0 c 10 v 0O cc O v O v O v ICD ~O CO lm,co m O v O v OO m O v OO m O v O v OCO v m IC0 'co 10 [O lvm O v CO m CD m CO m a ~ ~ ~p I I ' O ~ ~ y V II I ? 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W ww .N. d a W I c ~ l ~'~.'c ~ ~ ~ ~ c 'c 'c ~ ~ c'~''c'~ ~' ~ c 'c ~ 'c ~ 'c 'c 'c ~ ~ m cn H ~~I HIH'cnIH H H m V7 m to m N H-l- m, m tglF-CIF- ~ ~ m cn m cn F m Cn F mca Cncn m to V O JI J O J Q'~ J M I J 10 Q_' ~ l J J J ~~ ~. ~ J 10 J V J J J O J J O J J J ~ LL H I I O I 01 O ~ ~ 1n I C t1') 0 ~O - - O O ~O ~ I[l J O JIO - (O '~ f0 ~ t0 CO i In tC1 Q W F Z K) ~ O I O O 11~'~ I ~ 1n O ~ ~ ~ '7 O O ~O ~ M O '71~ O N to ~ n ~ O O ~ O O Sri ~~ O R d J W ~ O + IM IN } O'} f`7 } ~ } N ~T O _ }+ C7 IO O +'0 ~,+ ~ t M t 0 0 'cT t O l0 t i0 O M H Z W }y m Q f0 + O r c+> ~ th '7 O IO cnr>+'v ~ ~ CD 1~ O v ~ O v ~ N + ~ ~ + N 1~ + N M O vv ~ ~ O O~ ~~ +v+ u> fD I~ N ~ M ~n ~ f0 ~n ~ (O + <O O + O ~ co 1~ ~ + a O co ~ O ~ + + l0 O n + O O (/~ m t7 h a F- iM a'a f~ a H I H a a ~ 1~ ~ n ~ ~ a a ~ ~A 1~ a'~ ~'a ' a ~ s ~ ~ ~ CO ~ a ~ ~O ~ a ~ CO CO ~~ f0 r ~ WO ~ a f- tn F tncna,tn ~ H tn F- rn a a a ~ F- F- cncn I I- I- alcna~<n u~ w a a u~ a cn aa a r J ~ ' IN~ ~ ~ ~ ~ ~ ~ ~, ~ NI. ~ ~ ~ ~ r ~ ~~ ~ ~ ~ ~ ~'' ' ~~ J F I I ~ ~ ' ~I F u'> ~ ~ ~ ~ u7 fO l , tO O i r ~ ~ u) ~ u'> O tO ~ ~n tO ~ ~n fO ID I O ~ ~ ~ ui O ~ ui ~ ~n t[') ui ~ ~ N ~ N M N ~ N ~ N ~I NI ~ ~ NO ~ ~ N l M N M N O N u> N ~ N ~ N ~ N M N ~~ N ~I Ni ~ N ~O N ~!'f N N N ~ N O N ~ N N N ~ N Q v ~ ~ .~ v er tT ef v v v ~ ~ v ~ v ~ ~~ ~ v v ~{ v ~{ v v v a I Date: 04 Apri12007 AGENDA ITEM NUMBER: l~ AGENDA REQUEST Request to be placed on: X Consent Agenda -Regular Agenda Workshop Agenda -Special Agenda When: 17 Apri12007 Description of Agenda Item (who, what, where, how much): Request for Commission approvallauthorization for Mayor to execute Joint Participation Agreement (JPA) with Florida Department of Transportation (FDOT) for the adjustment of City owned and maintained utilities within the US 1 corridor between the C-15 to Tropic Blvd. The current cost estimate is $18,483.20. It is anticipated that payment will be required in January 2008. Staff Recommendation: Department Head Signa City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: To be ProgLammed in 2007-08 CIP Account Number Description Account Balance: Funding Alternatives: City Manager Review: Approved for Agenda: ~ / No Initials: Hold Until: Agenda Coordinator Review: Received: (if applicable) S:\EngAdmin\Projects\2004\2004-069\OFFICIAL\2007-04-17 agenda request.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: RANDAL L. KREJCAREK, P.E. THROUGH: CITY MANAGER~~ DATE: 12 APRIL 2007 SUBJECT: KNOWLES PARK SCULPTURE PROJECT PALM BEACH COUNTY PUBLIC ART IMPROVES OUR COMMUNITY MATCHING GRANT APPLICATION PROJECT # 2007-012 ITEM BEFORE COMMISSION The attached agenda item is for Commission approval of proposed sculpture for Knowles Pazk subject to receiving a grant from Palm Beach County and to submit the Knowles Pazk Sculpture Project grant application to Palm Beach County "Public Art Improves Our Community" matching grant program. The matching grant program is a 50% match. BACKGROUND The Palm Beach County Public Art Committee has issued a request for proposals to municipalities to design, fabricate and install public art that complements public buildings, pazks and/or plazas; creates a sense of place; enhances community identity and improves the design quality of public infrastructure in outdoor locations. In response to the request the City Art in Public Places Board issued a Call to Artists for a sculpture to be placed in Knowles Pazk. The chosen artist is Mr. John Clements and the attached picture represents the sculpture chosen by the Art in Public Places Board. The grant application is due by 27 April 2007. The County will make their selection on 17 May 2007 and the notice to proceed from the County is expected in late July 2007. A draft copy of the application to be submitted is attached. FUNDING SOURCE The total cost is $50,000.00 and the grant will reimburse the City $25,000.00. Funding is available in the Public Arts Program fund. RECOMMENDATION Staff recommends approval. Enc Cc City Clerk Agenda File File 2007-012 (E) F:lwork~2007-04-17 agenda memo kpsp grantRV.I)OC ~+ ^V W .O ^^L 1..~ -F~ U Cn CCS O ~_ (~ U m 0 ti 0 0 N N Palm Beach County Public Art Improves Our Community Grant Application KNOWLES PARK SCULTURE PROJECT Submitted by City of Delray Beach Project Description The City of Delray Beach Art in Public Places Advisory Board (Board) has identified several needs for strategically located public art throughout the City. One prominent location which the Board feels acts as a gateway into the City is Knowles Park. Knowles Park is one of only two city parks located along the Intracoastal Waterway. Knowles Park is the only park in Delray Beach that directly links a major north-south corridor, US 1, with the Intracoastal Waterway. Knowles Park is located on the east side of US 1 approximately'/2 mile north of the intersection of Linton Blvd and US 1. US 1 not only serves as the southern gateway into the City but carries approximately 15,000 vehicles daily past Knowles Park. The Call to Artists asked that proposals consider the location, as well as that the public art will be part of the welcome and entrance to the City of Delray Beach. The proposed large scale abstract sculpture will be titled "Whirl Wave". The proposed art is an eight inch coiled and welded steel pipe that will incorporate three or four intersecting loops and arced sections. The art piece will stand a minimum of twelve feet tall, ten feet wide and fourteen feet in length. Delray Beach's Comprehensive Plan calls for Knowles Park provides one of the few public access ways to the Intra-coastal Waterway, provides an ideal location for the installation of a public work of contemporary sculpture. Serving as a picnic area, playground, fishing and boat ramp location, the park daily accommodates a high volume of diverse citizenry. The proposed sculpture will add another unique and wonderful element to the park goers' experience. Facing East, the sculpture will frame the sunrise at dawn, and will continue to function throughout the day, acting as a landmark, meeting place, quit spot for reflection or simply as an object to ponder and play on, opening up the doors of imagination within the mind. The implied movement of the coiled steel, bearing great similarity to a swirling or breaking wave, will directly correspond to the body of water adjacent the park, the Intra-Coastal, and the rich waterfront history of the City. The durable nature of the welded and brightly painted steel provides a highly visible, safe and secure structure, while acknowledging the great history and tradition of American industry. For a work of contemporary public sculpture, there could not be a more fitting site than Knowles Park, situated on a beautiful stretch of land within the dynamic, diverse and growing community of Delray Beach. Project Schedule April 27, 2007 - 5:00 p.m. May 17, 2007 July 2007 July 2007 Nov 2007 Team Organizational Chart Delray Beach City Commission Deadline -Grant Application submittals Finalists selected and notified Recommendation submitted to Board of County Commissioners for approval Contract Execution and "Notice to Proceed" Art Installation Art in Public Places Advisory Board Randal Krejcarek, P.E. City Engineer John Clement Artist Resume JOHN CLEMENT C/O FIREHOUSE STUDIOS 1196 METROPOLITAN AVE BROOKLYN, NY, 11237 www. firehousestudio.com 917 400 0877 Education 1992 BA University of Pennsylvania, Philadelphia, PA 1992 - 93 School of Visual Arts, New York, NY Public Installations 2007 "Squeeze", "Butch", "Ithiel", "Palm Springs Public Art Program", Palm Springs, CA 2006 "Tiller", Hudson River Sculpture Trail, Haverstraw, NY. 2006 "Art on the Outside", Public Installation, West Hollywood, CA 2006 "Jasper", Public Installation, Vancouver, BC 2006 "Chewey", Macon Arts Festival, Macon, GA 2005 "Kini's Playground", Vancouver Sculpture Biennale, Vancouver, BC 2004 "Youngjoo", Bridgeport, CT "Blame Physics", 18~' Annual Rosen Sculpture Competition, Boone, NC "New Anatomy", The Morris Museum, Morristown, NJ "Fe", Pittsfield Public Sculpture Project, Pittsfield, MA 2003 "Fe", Lakeland, FLA. 2002 "Running Numbers", Lakeland, FLA "As Pure as Math", Portland, ME 2001 "Intervals of Prime # 3", The Heckscher Museum, Huntington, NY "Intervals of Prime", Seaside Park, Bridgeport, CT "New Anatomy", Lafayette Park, Bridgeport, CT 2000 "As Pure as Math", Washburn University, Topeka, KS "Blame Physics", Russo Park, Bridgeport, CT 1999 "The Future of Science", Harbor Park, Middleton, CT "Mathematical Time" , CT Sculpture Park, Washington, CT "Site Specific", Nelson Galvanizing, L.I.C. , NY 1998 "Ozma", Great Barrington, MA Solo exhibitions 2005 "John Clement ", Buschlen Mowatt Fine Arts, Palm Desert, CA 1999 "Poetics of Space ", Tricia Collins Contemporary Art, New York, NY 1997 "T Zero", Larvae Art Space, Brooklyn, NY 1996 "John Clement", The Westenberg Gallery, Great Barrington, MA Group Exhibitions 2007 Buschlen Mowatt Fine Art, Palm Desert, CA 2006 Chi Contemporary Fine Art, Brooklyn, NY 2006 Buschlen Mowatt Fine Art, Palm Desert, CA 2006 Ube Sculpture Biennale, Ube, Japan 2006 Zhengzhou International Sculpture Exhibition, Zhengzhou, China 2006 Vancouver Sculpture Biennale, Vancouver, BC. 2004 Chattanooga State Sculpture Show, Chattanooga, TN Chasing Rainbows Sculpture Show, Fulton Ferry Park, Brooklyn, NY 2002 Sculptor's Drawing, Studio Fachetti, Brooklyn, NY 2001 Pier Walk 2001, Navy Pier, Chicago, ILL. Triangle Artist Workshop, New York, NY 1999 Pier Walk 1999 1998 Pier Walk 1998 Black and Blue, Tricia Collins Contemporary Art, New York, NY 1997 Reunion, Salena Gallery, Long Island University, Brooklyn, NY Roundout Sculpture Biennial, Kingston, NY Art Exchange, TM Projects, New York, NY Rising Tides, Rush Fine Arts, New York, NY 1996 Six Sculptors, The Sculpture Center, Brooklyn, NY Socrates Sculpture Park, L.I.C., NY Franconian Sculpture Park, Shafer, MN 1995 Klenova Sculpture Symposium, Prague, Czech Republic 1994 Across the River and into the Trees, Collins and Millazo, The Rushmore Festival, Woodbury, NY Bibliog_raphy The New York Times, "Sculpture on the Trail", September, 2006 The Hollywood Independent, "Beautifying West Hollywood with Sculpture" April, 2006 The New York Times, "These Artists Find Inspiration Afloat", August 10 2003 The New York Times, "Three Dimensions of Beauty", May 2003 Offshore Magazine, "Sculpture by the Sea", August 2002 The Lakeland Ledger, "Artists Think Big in Contest" Apri12002 The Lakeland Ledger, "Visions on Lemon Street", Apri12002 The Heckscher Museum of Art, "New Sculpture for Heckscher Park", July 2000 NYArts Magazine, "Studio Visit with John Clement", January 1999 Mark di Suvero, "John Clement's Poetics of Space", catalogue forward, Nov 1999 Jeremy Sigler, "John Clement's "Poetics of Space", catalogue essay, Nov 1999 The New York Times, "Sculpture That Basks in Summer", August 1996 The New York Times, "Where Once a Dump Stood, Sculptors Cavort", June 1996 Awards/Commissions 2006 "Yawl", Commission for The Robinson Collection, Houston, TX 2004 "Intervals of Prime", Commission for Starr Industries, Philadelphia, PA 2004 "Cojo", Commission for Starr Industries, Philadelphia, PA 2004 "Tailspin", Commission for Starr Industries, Philadelphia, PA 2003 New York City Certified Artist, The Department of Cultural Affairs 2002 "Running Numbers", 2°d Place, Lakeland Outdoor Sculpture Comp., FLA 2000- "Distance of the Moon", Commission for Mixed Greens, New York, NY 1998 "New Spirit", Commission for SEI Investments, Oaks, PA 1998 Vermont Studio Center, Full Fellowship 1998 "We Set Out Early, Visibility was Poor", design credit, Bill T. Jones/Arnie Zane Dance Company References Jennifer Henning Public Arts & Special Projects Coordinator Community & Economic Development City of Palm Springs Tel: 760.778.8408 Fax: 760.322.8325 Jennifer.henninq(c~palmsprings-ca.gov Lynn Cass Director Macon Arts PO Box 972 Macon, GA 31202 478 743 6940 lynn(a~maconarts.orq Ray Renyolds Economic Development Director City Of West Hollywood Arts Commission 8300 Santa Monica Blvd West Hollywood, CA 90069 323 848 6464 rrenyolds _weho.org Images of Past Projects See attached An annotated image list See attached Concept drawings of proposed Project See attached Material list Steel, Concrete, paint Community Interaction The following is proposed public involvement activities that will be associated with this project: Two public lectures with images geared towards introducing the artist and the artist's work to the community, followed by question and answer sessions. A hands on sculptural workshop for children where the children will have the opportunity to make small objects out of miscellaneous soft materials, such as cardboard tubes, popsicle sticks, recyclables etc. A community interactive 'Name the Sculpture' contest. Proof of property Municipal oVvnership /control for proposed Project location Proof of matching funds. (Must submit within 30 days of recommended grant award. Proof includes appropriation approved by municipality or by agreement for private funding/donation. If unable, the grant may be reassigned to another applicant.) Will provide within 30 days of recommended grant award. PCN # 12-43-46-21-09-002-0091 Owner: City of Delray Beach "Public Art Improves Our Community" Matching Grant Application ADMINISTRATIVE INFORMATION Project Title: Knowles Park Sculature Proiect Contact Person: Randal L. Kreicarek, P.E. Contact Title: City Engineer Contact Agency: City of Delrav Beach Artist(s) Name: John Clement Contact Mailing Address: C/O/ Firehousestudios. 1196 Metropolitan Ave City: Brooklyn State: FL Zip: 11237 Contact Phone: 917-400-0877 Contact E-mail: firehousesculpture@verizon.net PROJECT INFORMATION 1. Amount of Grant Request: $25,000.00 Total Project Cost: $50,000.00 Amount of Matching Funds: $25,000.00 2. Describe the specific source of the matching funds: City of Delrav Beach Capital Improvement Program Budget (1.5% of Construction cost is earmarked for Public Art) 3. Funding source for long-term Project maintenance: City of Delrav Beach Capital Improvement Program Budget (1.5% of Construction cost is earmarked for Public Art) 4. Proposed Project location: Knowles Park which is location on the ea_ st side of US 1 lust north of Linton Blvd. See attached location map and photos. (please enclose photos of location) Describe Project location, nearest cross streets, facility type and property use. 5. Estimated Project Start Date: Will begin upon execution of agreement with PBCo Estimated Project Completion Date: Nov 2007 Proiect Budget Provide a proposed budget indicating how grant funds will be utilized and where the matching funds will be allocated. CATEGORY OF EXPENDITURE GRANT AMOUNT MATCHING FUNDS Design (maximum 10% of Project budget) $2,500.00 $2,500.00 Fabrication $15,000.00 $15,000.00 Installation $7 000.00 $7 000.00 Other $500.00 $500.00 TOTAL REQUESTED $25,000.00 $25,000.00 TOTAL GRANT AGREEMENT (GRANT AMOUNT + MATCHING FUNDS) $50,000.00 ATTEST: `1 .~ ._ City Cler Name (Type or Print) Mayor Name (Type or Print) • ~1. APPLICATION FORM: • ~2. CONCEPT SKETCH • ~ 3. WRITTEN PROPOSAL: • ~ 4. PHOTOS: • ~, 5. PHOTO LIST • ~] 9. SELF-ADDRESSED STAMPED ENVELOPE: Send materials to: City of Deiray Beach Purchasing Office City Haft 100 N.W. 1st Avenue Deiray Beach, Fiorida 33444 CONTACT RANDAL KREJCAREK, P.E. FOR MORE INFORMATION AT 561-243-7322 • ~ 6. MAINTENANCE REQUIREMENTS: • ~7. BUDGET: • ~8. RESUME: 3. PROPOSAL: Artist(s) shall submit a project statement describing their concept and its relationship to the sketch (one page maximum). 4. PHOTOS: To be considered for this project, artist(s) must submit up to ten printed photos per artist of previously completed artwork. Do no# submit CDs or slides. All pho#os should be numbered and labeled with artist's name, 5. PHOTO LEST: Support your image documentation with a corresponding numbered list indicating the artist's name, title of work, Location, medium, dimensions and date. 6. MAINTENANCE REQUIREMENTS: The artwork must be tow maintenance, durable, appropria#e to a seaside location, and able to withstand the effects of sun, rain, salt spray, and wind. Attach a list of maintenance requirements and specify haw your proposal wilt deter vandalism. 7. BUDGET: tnctude an itemized budget list for the project, including all aspects of design, for example, artist(s) fee, tandscaping, base requirements, lighting, fabrication and installation. The City's anticipated budget for this project is approximately $50,000. 8. RESUME: Submit a current resume. Catalogs and reviews may be included up to 6 pages for each artist(s). 9. SELF-ADDRESSED STAMPED ENVELOPE: Supply an envelope with sufficient postage for the return of pho#os and sketch, or materials cannot not be returned. Delray Beach Art in Public Places Art Opportunity KPSP Call to Artists Application Form: Attach this form to the tap of each application copy Date: ~ • 1L~~ O'~ Lead Artist Name: '~o1~N GLFrMEN`r Artist Team Names: Address: ~~! Mear~e~rsel;}puz_ p~yE. City:$Itoo 1 State: N ~ Zip: t I ~ 3'~- Country: USA Phone Dav: at !~ koc oF,~~i ~ phone Cetl: . Fax: ~ 1$ ti11~k '^'~~oy Email: ~'~R,e~rwub~~culn~ct.~,~ V'~~'~N Website: ~ M Signature of Appticant(s}: ~ KPSP SUBMISSION CHECKLIST . n~ ~ ~l f ;~ :/ ti.J ~~ _nt V ~'3 .* ... {/ ~?~ V 1tr1~ J. __ ~xU Y r y.~_ .,' r ~= yr .~ ~~ ~ x ~ ~.. r.r .. ~ ~ . 'l- ~ ~ i~ < ~ a Q C' . s? 1 ~'_y . '6, 3~ohn Clement C/4 Firehouse Studios 1196 Metropolitan Ave. Brooklyn, NY 11237 917 400 0877 www.tirehousestudi o.con~ Proposal for Knowles Park Sculpture Project To the Selection Committee, Thank yvu for considering my work for the Knowles Park Sculpture Project. For aver a decade I have been focusing on the creation and installation of large- scale public sculpture, bringing my work to public settings across North America and Europe. For Knowles Park Ipropose alarge- scale abstract sculpture created from coiled and welded S" diameter steel pipe. The piece will be titled "Whirl" and will incorporate three or four intersecting loops and. arced sections of coi.ted 8" diameter pipe. At its apex "Whirl" will stand 12' tall, have a width of 10' and an overall length of 14'. The lower sections of the scupture become natural areas for sitting and climbing, allowing the viewers to explore and experience the sculpture .from within the form. The coils of steel will. seemingly leap from the ground, giving the work a sense of weightlessness and implied movement. The line, form, positive and negative space of the sculpture will continuously frame a new visual dialogue with the adjacent surroundings. As the viewers approach, enter and czrele the work, the form of the sculpture will open and close, elongate and for-shorten, creating a different visual dynamic with each. perspective. The surface of.'the work will be painted with the Benjamin Moore Industrial Application paint `New Holland Red', a vibrant, rich color with a high gloss fuxish. The sculpture's hue will stand out against the lush greenery of the coastal Florida landscape by day, and possess a soft glow when illuminated at night. The welded and painted steel of "Whirl" will create an extremely stable structure with a durable surface. The worl~ will easily withstand the harshness of the coastal Florida weather while requiring minimal maintenance. "I'he overall weight of the sculpture, in excess of 3500 lbs, will help to insure its structural stability while deterring mild vandalism and theft. Finally, "Whirl" will be anchored to a poured concrete footing, meeting all state and local building codes. The anchoring system will increase the sculpture's overall structural integrity while insuring its safety for decades of continuous viewer interaction. 1'he proposed budget of $50,000.00 will cover all costs of the fabrication, transportation and installation of the work. Please see attached budget for details. Public Art is an invaluable service to our communities and an integral part of our cultural tradition. If brought to fruition, "Whirl" will became a vital component of the cultural life and artistic traditi.an of the Delray Beach. Community, for present and future generations. Thank you for your consideration, John Clement Sohn Clement ~/~ Firehouse Studios 1196 Metropoiitart Ave. Brooklyn, NY 11237 917 400 0877 W Ww.~3Tl;hOUSCStCIdip,COV7S. Knowles Park Sculpture Project Photo List 1. "Kim's Playground" 2005 8" Steel Pipe, Paint 9h' x $w' x 16d' 2. "Kim's Playground" 2005 8" Steel Pipe, Paint 9h' x 8w' x 16d' 3. "Ithiel" 2005 8" Steel Pipe, Faint l Oh' x 9w' x 9d' 4. "Chewey" 2006 Steel Pipe, Paint 12h' x 9w' x 9d' S. "Scoop" 2006 8" Steel Pipe, Paint 12h'x12w'x10d' 6. "Tiller'' 2006 8" Steel Pipe, Paint 9'h' x 8w' x 14'd' 7. "Squeeze" 2005 8" Steel Pipe, Paint 10'h x 9w' x 12d' 8. "Squeeze" 2005 8" Steel Pipe, Paint 10'h x 9w' x 12d' 9. "Butch" 2005 8" Steel Pipe, Paint 10'hx9'wx8d' 10. ".Iasper" 2006 8" Steel Pipe, Paint 9h'x9w'xI3'd e.~iN. `J' _ ~ 'q~C.T I X ~ ~fi 5 ~t~ ~- + ~ ~ .¢r F y~' t:. ~ i '2 ~Y ~ I~ ~ ~ ~~ ~ 4 ~ F _~~: ~~f. ~4 ~~~ ~~. 7: ~ _'~. ~~ # 2 John C6emen~ tt f .JC1Itil t.rfCiFE~it~ ~: ~:.. F;.. ~' ..- Sr; ~, r,x ~ .. ~. ~. ~, -~ ~. ~~ ~~ ~~~ r ;`, Jahn Clement # 4 Jahn Clement ~- ~" ~y~; ,- ;, ,., d~. r ~oaL' t`~~ i s. John Clement :h:v Y3:J~~~ ~,` .~ `, ~:4 w"'""` °u #6 r BUG-ruai;f John Clement # 8 Jahn #7 .~~~~ ~;Iement ~~ ,1c~hn Gle~ner~t #1Q JUflft u1~~1~~t John Clement CIO Firehouse Studios 1196 Metropolitan Ave. Brooklyn, NY 11237 91 7 400 0877 www. f ~rehousesttidio. com. Knowles Park Sculpture Project Sculpture Maintenance Requirements The durable nature of the welded and painted steel. will require minimal regular maintenance. The following is the annual maintenance regiment: Yearly light sanding and repainting of entire sculpture: 100 -grit sandpaper Lint-free slim paint roller 1" paintbrush with oil base bristles (A five year supply of paint, rollers and brushes will be included and delivered upon installation) Vandalism: "Whin"' will, be .strong enough to withstand any and all forms of serious vandalism. There are no moving parts or weak points where the work can be damaged. Graffiti can be painted over easily and quickly. John Clement C/(}Firehouse Studios 1196 Metropolitan Ave. Brooklyn, NY 11237 917 400 0877 www.tireh.ausestudio.eam Knowles Park Sculpture Project Budget Fabrication of Work: $15,000.00 Artist Fee $10,000.00 Shipping Costs 1250 miles x $1.70-mile $2,200.OU Landscaping $2,000.00 Concrete Footing Installation $7,000.00 Crane Rental $1,000.00 Site Visits $1,000.00 Lighting Installation $5,000.00 Insurance-Licenses $2,500.00 Soft Costs $4,500.00 Total: $50,000.00 JOHN CLEMENT C/O FIREHOUSE STUDIOS 1196 METROPOLITAN AVE BROOKLYN, NY, 1 ].237 www.firehousestudio.co m 917 400 0$77 Education 1992 BA University of Pennsylvania, Philadelphia, PA 1992 - 93 School of Visual Arts, New York, NY Public Installations 2007 "Squeeze", "Butch", "Ithiel", "Palm Springs Public Art Program", Palm. Springs, CA 2006 "Tiller", Hudson River Sculpture Trail., Haverstraw, NY. 2006 "Art on the Outside", :Public Installation, West Hollywood, CA 2006 "Jasper", Public Installation, Vancouver, BC 2006 "Chewey", Macon Arts Festival, Macon, GA 2005 "Kim's Playground", Vancouvet Sculpture Biennale, Vancouver, BC 2004 "Youngjoo", Bridgeport, CT "Blame Physics", 18a' Annual Rosen Sculpture Competition, Boone, NC "New Anatomy", The Morris Museum, Morristown, NJ "Fe", Pittsfield Public Sculpture Project, Pittsfield, MA 2003 "Fe", Lakeland, FLA. 2002 "Running Numbers",..Lakeland, FLA "As Pure as Math", Portland, ME 2001 "Intervals of Prime # 3", The Heckscher Museum, Huntington, NY "lntervals of Prime", Seaside Park, Bridgeport, CT "New Anatomy", Lafayette Park, Bridgeport, CT 2000 "As Pure as Math", Washburn. University, Topeka, KS "Blame Physics", Russo Park, Bridgeport, CT 1999 "The Future of Science", Harbor Park, Middleton, CT "Mathematical Time" , CT Sculpture Park, Washington, CT "Site Specific", Nelson Galvanizing, L.1.C. , NY 1.998 "Ozma", Great Barrington, MA Solo egbibitions 2005 "John Clement", Buschien Mowatt Fine Arts, Palm Desert, CA 1999 "Poetics of Space", Tricia Collins Contemporary Art, New York, NY 1997 "T Zero", Larvae Art Space, Brooklyn, NY 1996 "Joh.n Clement", The Westenberg Gallery, Great Barrington, MA Group Exhibitions 2007 Buschlen Mowatt Fine Art, Palm Desert, CA 2006 Chi Contemporary Fine Art, Brooklyn, NY 2006 Buschlen Mowatt Fine Art, Palm Desert, CA 2006 Ube Sculpture Biennale, Ube, Japan 2006 Zhengzhou International Sculpture Exhibition, Zhengzhou, China 2006 Vancouver Sculpture Biennale, Vancouver, BC. 2004 Chattanooga State Sculpture Show, Chattanooga, TN Chasing Rainbows Sculpture Show, Fulton Ferry Park, Brooklyn, NY 2002 Sculptor's Drawing, Studio Fachetti, Brooklyn, NY 2001. Pier Walk 2001, Navy Pier, Chicago, ILL. Triangle Artist Workshop, New York, NY 1999 Pier Walk 1.999 1998 Pier Walk 1998 Black and Blue, Tricia Collins Contemporary Art, New York, NY 1997 Reunion, Salena Gallery, Long Island University, Brooklyn, NY Roundout Sculpture Biennial, Kingston, NY Art Exchange, TM Projects, New York, NY Rising Tides, Rush Fine Arts, New York, NY ] 996 Six Sculptors, The Sculpture Center, Brooklyn, NY Socrates Sculpture Park, L.I.C., NY Franconian Sculpture Park, Shafer, MN 1995 Klenova Sculpture Symposium, Prague, Czech Republic 1994 Across the River and into the Trees, Collins and Millazo, The Rushmore Festival, Woodbury, NY Bibliography The New York Times, "Sculpture on the Trail", September, 2006 The Hvllywood Independent, "Beautifying West Hollywood with Sculpture" April, 2006 The New York Times, "These Artists :Find .inspiration Afloat", August 10 2003 The New York Times, "Three Dimensions ofBeauty", May 2003 f)f~Shore Magazine, "Sculpture by the Sea", August 2002 The Lakeland Ledger, "Artists Think Big in Contest" April 2002 .The Lakeland Ledger, "Visions on Leman Street", April 2002 The Heckscher Museum of Art, "New Sculpture for Heckscher Park", July 2000 NYArts Magazine, "Studio Visit with John Cl.emen.t", January 1999 .Mark di Suvero, "John Clement's Poetics of Space", catalogue forward, Nov 1.999 Jeremy Sigter, "John Clement's "Poetics of Space", catalogue essay, Nov 1999 The New York Times, "Sculpture That Basks in Summer", August 1996 The New York Times, "Where Once a Dump Stood, Sculptors Cavort", June 1996 Awards/Commissions 2006 "Yawl", Commission for The Robinson Collection, Houston, TX 2004 "Intervals of Prime", Commission. for Starr Industries, Philadelphia, PA 2004 "Cojo", Commission for Starr Industries, Philadelphia, PA 2004 "Tailspin", Commission for Starr Industries, Philadelphia, PA 2003 New York City Certified Artist, The Department of Cu}.tural Affairs 2002 "Running Numbers", 2"d Place, Lakeland Outdoor Sculpture Comp., FLA 2000- "Distance of the Moon", Commission for Mixed Greens, New York, NY 1998 "New Spirit", Commission for SEI Investments, Oaks, PA 199$ Vermont Studio Center, Full Fe}}owship 1998 "We Set Out Early, Visibility was Poor", design credit, Bill T. Jones/Arnie Zane Dance Company Down lay the River -New York Times 02;1.5; 2007 11:25 AM 4_:. :,,. ., ,, ,_._:..r:: r '~~. -• ,,;, .; , - Free .4-Da T' s ~ ~, . '.. y n Welcome..lrscc.;tt:i~sre ^te•,SJr-,i C'rn.Er Lva ~"?:;~ 6':f?C+f^~if~^~r3Tkwl°.;tt3tK'.i i=..~,t..FZtCaE. • N.Y.: Region AIE NYT a ':;~fZ~t I ..i.r; .i ta.kr: - ~'~: ., ti...., E, ri ru~i'I't' ',t"r rti.i :: r .t.,~. L .^~ }:= 1•t.,.: 'i ~i :{:i1N')4. :.-~' ,•iv.,, '•: >• . .,::.,: ¢E A Ali7r3 ~r~E+.: :.,:`/ it.1 ?'bfE~KEt31 f:+P! `~: .:h±"irgir.!d OAtTRC;I•J; Ar~v RevlEw+ ~f.7W11 ~)~T ~.~ ~.IV£I' F ,i,~' }~s .... ;x+ttte rtf the best, astd certainfj' the most. provocative, arttMarks in the ,, . t=lrs.dsort River C.'alle}~ rigts.t now are scattered. alattg the ri5~esfrant in t~^c nevi displays -' anr? endlcring, the other endeariuglSt tetnporanr. i-.rsrtr,,,;; - r,~ ;,;,;.,~~ Uutdoor sculpture and site-specific .a..,, a bistallations are part of the FeeYskill "' ~ ~ l'toiect, a, dynamic, monthkang cit;~~ide << exhibition, nave in its third year, ~ `~ spansor~.d by the I'-ludson E'alley Center. for Cottternpoi'a:ty `'~`~ Art in. Peekskill. This year's presentation features taorls. by 1.11 artists selected by t6 carolers anal placed at: about ~o F4 .- . .~ sites around the totk'rc and. riverfrant. It car;. take days to r~c;~;; ;,F,._;r;-,<; , see eeeryKhing. Marl: Bistel and Alison Lety, the organizers, have Mtutfarnedla introduced innovations this year flsat wtill assist ~ZSitors tr}•1ng to hu.ut down the artworks: afold-out. map listiu.g ~' ',i= all the participants and marking the rough location of -" '' ~,~ .. each piece and colored. ground utarkers that help direct + t ~"~~ , ,~ you to the exact site. e ., ,., i.m'~ • ~.' Installations and sculptures crop up in the mast unlikely "F 1 ~` places. Christian G.ielaneier, a (`,errnaa artist, has hung a Bauble.-sided photograph of h.isnself as a hound prisoner aver a ct'eek to rlre k~udsou River.. You walk througlt scnab !rt the Region to find it, and the :setting fec'1S appropriately eerie and: Long !stand. V'destchester, evocative. Connecticut end New Jersey ,,, C. ~, ,• , , ,; ,, Mr, Sieklneier's installation ]larks back to t`re Revalutioxtan- SNar, fer this creek was part of a trail used by guerrilla soldiers fighting the British, It was also used €or the. ex:ecutiort of captured FSrktish soldiers, who v~lere strung up and shot. E:ence the R+o-sided phat:ogzrtplt, va.P side of tie=Rich depicts the artist bound and hanging front a tree, x•hile the ether shaves ]tim shot and lying on. the ground. I,or~31 IT3S#+7t'Sr proti~ides a pafenlialh• ustsett3ing and thrilling 1~ook for site-specific ituttlic art, a:nd snuck of the best work on display is in this vein. But tlsere are also lots offu.si, addlialk ia.c]nsions, k:ike an. abandoned building daw~ls by Lhe river that has been ,Yrre~'o f:rtK;iea it: ?dFV+'fr,.t'k Rr aian r> Get ClrlsanEye ~~ E-Malt Sign up to find out alr you need to knon' about New York, `~ every vveehday. =.~,~ r.c.;'np;=, fsr~t~iSCt.K:~;sr.trpp~rz;••~`:<`?,ri;cLn.t,~:f. ., ":'tar~c' t ~. n-:i1 r;c d e:;c ( ,,`'r~ytscy ~~oiiC+, .. F~IOSf POPULAR 2. : , n 3 , ~ q. i h ,ttr~ t , It% 1, s- I• ,Y i'u:;r;t.t ! .r,a:it;i 5. ., .i iii ~ ., _.., I'ii~fi L' 'ii)t}",.'.. ;.::M1E'".::~ ~ i'R tI Y:~~ ~^8!1`:1.: /. ?;:,n <: L. IFe, srtrl,:i=.: '~::~ i'na! x,: ..It:r:a ,°•t;ir i;r; s. , r, :~:,:,r •, c}. =;?:,r;,t 'rgi;ri?' ~.`:titiifi" li+:.c5 }~i F.o ~F 327:?Ytt?7t}• t(). ~.~.. }';it'St!!.~.......~. ...S ,~Pli3):~~"1%(KA•.JI F. `:m8 rttp:lJwww.nytinMS,com/'lpOh/C513U/nvreghon;'nyregionspeciai2/Q1we~srts.himl?ex.=1I7158&R64&en=odlba6Sdfcd9S5.'6&ei=5010 Page i ofs Qown by *.he R?ver -New York Times tratlsforriie~l into a mind-destabilizing, high-concept t1a111age to the writings ofyi~;.:ltl°~Il~? ..,: _.:::. IYaf surprisingly, the a.rtisi, Heinz Call, is from. ~'lenna. Ottler artist:5 have gone free more subtle interventions in Clle landscape. l~1 an alle~'vvay .next. to an abandaneef €rre static:n and.er the Ronte 9 overpass, 3.'aviera Simmons uses a pathway of colored stones to represent an underground stream that runs beneath the towts Uf Peeiskiti to the Hudson. Dante! Sejar ir~atalled cas# concrete newspaper dispensers around fawn, a11d took ant fare advertiselnen.ts in Tile Jaurnaf News announcing the launch of a n.ew newspaper. het inst~~.llation blurs into mobile perforlrlance with a series of allibigllons-eoundiztg eve.txts..tn o21e, i~'icola'.s Du221ii Estevez 4vandered blindfolded all aver Peekskill asking pedestrians t.a lead hitn all a tour of the cit)~.:in another perfolnlan.ce event, Shaun El F;. Leonardo scr•alnblccl. t.iirough a creek alld bush wearing an immense F=eh=et. cape and. undt:rpa.nts, his body= paitlted; l1e. plans to repeat the perfornxalace on Dct. ~ at I. p.m.. ~1. ~t~c:r-y different kind of public art is an display over the riz=er in I~averstraw in Rockland. Conlttp. Elere Sara. Pasti, the fol-mer director of the Hudsot2 Vallep Center for C'crnicmpararv :3.>••t, has as=erseen the installation of the first. seven pieces alallg the. Hudson. River Sculpture Trail, part of an a211bitiau.s plan to put lt?o outdoor sculptures oil iht banks of thE~ Hudson k.iver t~etzveea lvlanllat.talz and Saratoga Springs b}= :erfog. T.'tJe. first trail works decorate a la.e~vly built residentiat conlmuuit~° ot1 the I-Judson next to th.e Ha~•-elstraw ferry' lartdin.g. ft was a. bu_~y cx:nstt•trction site the day I F'lc1LP.d, tint the 1-iverfrallt 11ad aln:ad}~ txen landscaped. in preparation for the opening rereptian ale Sept. ~o. Ttle 1,!arks a.re cr1n~=entional; nlonulnentai sculptures b}= expel•ie22ced outdoor arE' pract?tuners like Cllakaia Soaker, Peter Lundberg, .Iohn Clement, Claes Eiak.e a.nd L?ebarall Masters - r.;as~+ anal inoffensive. 1'hPV embellish t.Ie1v ric~erfront promenacies ar~ld fi•atne views of t;he~ rr<=er.:~rt here. is part of a. wrider process of urban renewal, tlelpirlg [o transfarnt the rinse derelict. riverflront. area iota attractive. public parkland. ~R:s. Fasti plans ir.; includ.e works by Iacal artists in the. se:lil.ptttre trail, and I1a5 anI]OnnCed a rccgncst for proposals. There, is also a site, still in the planning stage, rtillere. the outdoor sculptures will. be r•c?tated so that the displays don't get stale. I)ravrin.gs., sm<:.11 seutpture~s atld photographs of works by current artists wrhose works are already installed. akan.g the trail; as well as those under. consideration far future lrra~ects, arc also an G'iew at River Stone :~.rts at t??.€+ R.ive.r Slane <3.ntiques and Design Center in. dol~nltaiMn llaverstraw.. Tfrc; Peeksx:;ll Pt•tljeet~, t/trauyih tkt. ;.. Infoi~nr~tioli nciatIahle at th.e E3`udsot~ Valley C,'calt[csr jor Cunfenl~: rtrtl Arc, r?or h2clrn Street; Peekskill; wwxu.hvec:rl.evm. ar (.4~4) X88 ~2. ~fi. I~.udsan }fiver Sculpture Trail, Elan?x1rs at I•Iavetstraw, at the residenti.a€ rarnplex adjatcent tc> Elar~er:atraw ferry landing: anal River St.ane arts, at tfle River Slane Antiques atlci Design :enter, ;;9 ~h'est E3rrrad. Street, Havetstraw, through Nov. g. Information: 1a'wM~.hudscanri~=ersculpitlre.arg t~?r t924i ?47-3bno, Ex~~ension ~. t+tore ~r?3c?es ire Ys4.tir Yr~rk recgia3s~ r: i~s~.,.:^:i fry F..?pave r,+c;~;;?'% Ci;i4;, /'rfr F'?f?(?'Eg Y:E?iiVt: { PF i't';f ' {'^ES.. U2FI5;200i 11:25 kM nrae ;r oasr3~ ;i,1~,'.:i~r.=.,F~•nu t~::,v .. v~~r:'.~^'s'i..~'14._...r...r_~~. !~" "arL;Sit'~..isa:2i:=:..,~','~.~':i~::.~i!i,...~:e '>:z'z-.~.r '~.t S;,~s;:xfC.v~.~~~ i~et~t~r',1+:... si E3enj7imin Franktr<^~ 6mnzs POftf'@tt 8usi 5 uy Nax• ~'•~P i!w/sw.nytimes.camj2.G06j!y31301rryregion/nyregiQnsnecial2%£llwearts.htmi?eX=:17I68fi40o&Pnecdiba66dfcd95576&ei=SO?!J Fage 2 of? CITY OF DELRAY BEACH GENERAL INFORMATION CALL TO ARTISTS KNOWLES PARK SCULPTURE PROJECT DEFINITIONS For the purposes of this Call to Artists, "Artist" shall mean contractors, consultants, Artists, proposers, organizations, firms, or other persons submitting a response to this Call to Artists. PURPOSE This Call to Artists, Knowles Park Sculpture Project provides for the successful Artist to create/install a large scale outdoor three-dimensional sculpture, suitable for the gateway to downtown Delray Beach. PROPOSAL SUBMISSION AND WITHDRAWAL The CITY will receive proposals at the following address: CITY OF DELRAY BEACH PURCHASING OFFICE CITY HALL 100 N.W. 1st Avenue Delray Beach, Florida 33444 To facilitate processing, please clearly mark the outside of the proposal package as follows: CALL TO ARTISTS: KNOWLES PARK SCULPTURE PROJECT and also include the date of the opening. The package shall also include the Artist's return address. Artists shall submit an original and eight (8) copies of the proposal in a sealed, opaque package marked as noted above. The Artist will be responsible for timely delivery, whether by personal delivery, US Mail or any other delivery medium. THE CITY MUST RECEIVE ALL PROPOSALS BY 3:00 P.M. ON FEBRUARY 21, 2007. The CITY cautions Artists to assure actual delivery of mailed or hand-delivered proposals directly to the City's Purchasing Office at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida, prior to the deadline set for receiving proposals. Telephone confirmation of timely receipt of the proposal may be made by calling (561) 243-7163, before proposal closing time. Any proposal received after the established deadline will not be considered and will be returned unopened to the Artist(s). Artists may withdraw their proposals by notifying the CITY in writing at any time prior to the deadline for proposal submittal. After the deadline, the proposal will constitute an irrevocable offer, until June 1, 2007. Once opened, proposals become a record of the CITY and will not be returned to the Artists, therefore, all submittals should be copies, not an original. All Artists who apply will also be placed on the City's Artist Registry unless the Artist indicates otherwise. Upon opening, proposals are subject to public disclosure consistent with Chapter 119, Florida Statutes. Artists must invoke exemptions to disclosure provided by law in the response to the CTA, and must identify the data or other materials to be protected, state the reasons why such exclusion from public disclosure is necessary and the legal basis for such exemption. CONTRACT AWARDS The City anticipates entering into an agreement with the Artist who submits the proposal judged by the City to be most advantageous. The City anticipates awarding one agreement but reserves the right to award more than one if in its best interest. The award may not take place until the City has been informed by Palm Beach County that it has been awarded matching funding. The Artist understands that this CTA does not constitute an offer or an agreement with the Artist. An offer or agreement shall not be deemed to exist and is not binding until a contract has been approved by the appropriate level of authority within the City, and executed by all parties. A sample Agreement is attached to this CTA. The City anticipates that the final agreement will be in substantial conformance with this Sample Agreement; nevertheless, Artists are advised that any Agreement that may result from the CTA may deviate from the Sample Agreement. The City reserves the right to reject all proposals, to abandon the project andlor to solicit and re-advertise for other proposals. The City reserves the right to cancel the CTA or portions thereof without penalty. The City reserves the right to waive any irregularities and technicalities and may, at its sole discretion, request a clarification or other information to evaluate any or all proposals. The City may also cancel the award for this project if it fails to obtain grant funding from Palm Beach County. All terms and conditions of this CTA, any addenda, Artist's submissions, and negotiated terms, are incorporated into the contract by reference as set forth herein. Document files may be examined, during normal working hours, ten days after proposals have been opened. The proposal with the highest number of points will be ranked first. The City reserves the right to further negotiate any proposal, including price, with the highest rated Artist. If an agreement cannot be reached with the highest rated Artist, the City reserves the right to negotiate and recommend award to the next highest Artist or subsequent Artists until an agreement is reached. DEVELOPMENT COSTS Neither the City nor its representatives shall be liable for any expenses incurred in connection with preparation of a response to this CTA. Artists should prepare their proposals simply and economically, providing a straightforward and concise description of the Artist's ability to meet the requirements of the CTA. INQUIRIES Interested Artists may contact Randal Krejcarek, City Engineer, regarding questions about the proposal at City Hall located at 434 S. Swinton Avenue, Delray Beach, Florida 33444 -Telephone (561) 243-7322 or by facsimile (561) 243-7314. The City Engineer will receive written requests for clarification concerning the meaning or interpretations of this CTA, until fifteen (15) days prior to the submittal date. City personnel are authorized only to direct the attention of prospective Artists to various portions of the CTA so that they may read and interpret such for themselves. No employee of the City is authorized to interpret any portion of this CTA or give information as to the requirements of the CTA in addition to what is contained in the written CTA document. The City may record its response to inquiries and any supplemental instructions in the form of written addenda. The City may mail or post on its website written addenda up to ten (10) calendar days before the date fixed for receiving the proposals. Artists shall contact the City to ascertain whether any addenda have been issued. Failure to do so could result in an unresponsive proposal. Any oral explanation given before the CTA opening will not be binding. All Artists are expected to carefully examine the proposal documents. Any ambiguities or inconsistencies should be brought to the attention of the City Engineer through written communication prior to the opening of the proposals. DELAYS The City may delay scheduled due dates if it is to the advantage of the City to do so. ADDENDA If revisions become necessary, the City will post the Addenda on its website. All addenda issued by the City will include a receipt form, which must be signed and included with any proposals that are submitted to the City. In the event multiple addenda are issued, a separate receipt for each addendum must be included with the proposal at the time it is submitted to the City. NEWS RELEASES The Artist shall obtain the prior approval of the City Manager's Office for any and all news releases and/or other publicity pertaining to this CTA or the service, study or project to which it relates. LICENSES Artists must furnish satisfactory evidence that they have licenses, where applicable, as required to do business in the State of Florida, in Palm. Beach County, and in the City of Delray Beach, including but not limited to, licenses required by respective State Boards and other governmental agencies responsible for regulating and licensing the services provided and performed by the provider. INSURANCE Once selected an Artist must provide insurance in a type and amount that is acceptable to the City, if applicable. PUBLIC ENTITY CRIMES A person or affiliate who has been placed on the convicted Vendor list following a conviction for a public entity crime, may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO (Currently $25,000) for a period of 36 months from the date of being placed on the convicted Vendor list. CODE OF ETHICS If any Artist violates or is a party to a violation of the code of ethics of the City of Delray Beach or the State of Florida with respect to this proposal, such Artist may be disqualified from performing the work described in this proposal or from furnishing the goods or services for which the proposal is submitted and shall be further disqualified from bidding on any future proposals for work, goods or services for the City of Delray Beach. CITY CONTACT The City contact for this project will be Randal Krejcarek, City Engineer, 434 S. Swinton Avenue, Delray Beach, FL 33444 and the telephone number is (561) 243-7322, or his designee. After the Artist has been selected the Artist shall be informed of who the City Contact will be. RULES FOR PROPOSALS All proposals must be received no later than 3:00 PM, on February 21, 2007. Whether a proposal is transmitted by US Mail or any other delivery medium, the Artist(s) will be responsible for its timely delivery. The proposal must name all persons or entities interested in the proposal as principals. The proposal must declare that it is made without collusion with any other person or entity submitting a proposal pursuant to this CTA. SELECTION PROCESS The criteria used by the City for the selection of the artist will be as follows: • Artwork concept is appropriate as to emphasis, scale and design • Qualifications and professional experience of the artist/team • Quality of previous works • Outstanding potential of the artwork concept • Ability to successfully execute the project under the criteria developed and within budget The City of Delray Beach will select the artist/firm that meets the best interests of the City. The City shall be the sole judge of its own best interests, the proposals, and the resulting negotiated agreement. The City's decisions will be final. RIGHT TO REJECT PROPOSALS Submission of a proposal indicates acceptance by the artist of the conditions contained in this Call to Artists unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City of Delray Beach and the artist selected. The City of Delray Beach reserves the right, in its sole discretion, to reject any or all proposals. SCOPE OF SERVICES LOCATION: The site is located on the east side of South Federal Highway (US 1) at Southwest 10th Street, on the grassed area, east of the sidewalk, north of Linton Boulevard. See photograph. SITE DESCRIPTION: Open site, highly visible. PROJECT PROPOSAL: The design must include innovative, "out of the box" thinking, and uses the surrounding environment creatively. A team of artists/experts may send a collaborative proposal. KPSP is primarily viewable from moving vehicles and should be designed accordingly. Night illumination is required and should be considered part of the art experience. CONCEPT SKETCH: Include a color sketch or CONCEPT design of the proposed environment installation. PROPOSAL: Artist(s) shall submit a project statement describing their concept and its relationship to the sketch (one page maximum). PHOTOS: To be considered for this project, artist(s) must submit up to ten printed photos per artist of previously completed artwork. Do not submit CDs or slides. All photos should be numbered and labeled with artist's name. PHOTO LIST: Support your image documentation with a corresponding numbered list indicating the artist's name, title of work, location, medium, dimensions and date. MAINTENANCE REQUIREMENTS: The artwork must be low maintenance, durable, appropriate to a community location, and able to withstand the effects of sun, rain, salt spray, and wind. Attach a list of maintenance requirements and specify how your proposal will deter vandalism. BUDGET: Include an itemized budget list for the project, including all aspects of design, for example, artist(s) fee, landscaping, base requirements, lighting, fabrication, and installation. The City's anticipated budget for this project is approximately $50,000.00. KPSP funding may be subject to the requirements and acceptance of the Palm Beach County Matching Funds. RESUME: Submit a current resume. Catalogs and reviews may be included up to 6 pages for each artist. PROPOSAL WORKSHEET The undersigned, as Artist, hereby declares that the only person or persons interested in the Proposal, as principal or principals, is or are named herein and that no other person than herein mentioned has any interest in the Proposal or the Contract to which the work pertains; that this Proposal is made without connection or arrangement with any other person, company, or parties making a proposal and that the Proposal is in all respects fair and made in good faith without collusion or fraud. The Artist further declares that he has examined the Contractual Documents, including the Advertisement, Proposal, Scope of Services, Draft Contract, and has read all addenda prior to the opening of proposals, and is satisfied fully relative to all matters and conditions with respect to the work to which this Proposal pertains. The Artist proposes and agrees, if this Proposal is accepted, to contract with the City of Delray Beach in the form of a contract specified by the City, to furnish all necessary materials, all equipment, supplies, and labor necessary to complete the work specified in the Proposal and the Contract, and in the manner specified. The hereby undersigned representative of the Artist certifies that they are an authorized representative of the Artist who may legally bind the Artist: *SIGNATURE: Name: Printed Company: Address: City: Telephone No: *Failure to affix signature will result in disqualification of proposal. Note: If there are any terms and/or conditions that are in conflict, the most stringent requirement shall apply. Acknowledgement of Addendums Acknowledgement is hereby made of the following Addenda received since issuance of Specifications: Addendum No. Dated: Addendum No. Dated: Title: State: Zip: Fax No: Addendum No. Dated:. Name of Artist's Service Contact: Address: AGREEMENT BETWEEN THE CITY AND ARTIST FOR THE KNOWLES PARK SCULPTURE PROJECT THIS AGREEMENT made this day of , 20_, by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and JOHN CLEMENT (hereinafter called ARTIST). WITNESSETH: The CITY and the ARTIST in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned ARTIST hereby represents that he/she has carefully examined all documents attached hereto, and will perform all requirements, pursuant to all covenants and conditions, as provided by this Agreement and any attachments. 2. The ARTIST, as evidenced by the execution of this Agreement, acknowledges that he/she has examined all specifications and requirements of this RFP. The ARTIST further acknowledges that the "Call to Artist" price includes all costs and expenses required for the satisfactory completion of all requirements provided by this Agreement. 3. The Agreement between the CITY and the ARTIST include the Agreement and the documents which are attached hereto. 4. The ARTIST shall complete construction of the art project, hereinafter referred to as the "WORK", within six months of receiving a notice to proceed from the CITY, unless extended by written agreement. 5. This Agreement shall be governed by the laws of the State of Florida as now and thereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to CTIY: City of Delray Beach, FL 100 NW 1st Avenue Delray Beach, FL 33444 As to ARTIST: John Clement C/O Firehouse Studios 1196 Metropolitan Ave. Brooklyn, NY 11237 7. The ARTIST shall not, without prior written consent of the CITY, assign any portion of its interest under this Agreement and, specifically, the ARTIST shall not assign any moneys due or to become due without the prior written consent of the CITY. 8. The CITY and the ARTIST each binds itself, its partners, successors, assigns and legal representatives to the other party hereto in respect to all convenants, conditions and obligations contained in the Agreement. 9. In consideration of ten dollars ($10.00) and other valuable consideration, the ARTIST shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY), recklessness or intentional wrongful misconduct of the ARTIST and any persons employed or utilized by the ARTIST in the performance of this Agreement. ARTIST agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. ARTIST agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by-laws, ordinances or regulations by the ARTIST, its agents, servants or employees. ARTIST further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the ARTIST to defend at its own expense or to provide for such defense, at the CITY'S option, for any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Agreement performed by the ARTIST, its agents or employees. This indemnification includes all costs and fees including attorneys fees and costs at trial and appellate levels. The CITY will pay to the ARTIST the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the ARTIST acknowledges that the bid price includes said consideration for the indemnification provision. 10. The CITY may, in its sole discretion, terminate this Agreement upon 10 days notice to the ARTIST. Upon termination the Artist shall only retain such funds that have been expended to date. The remaining funds, if any shall be returned to the CITY within 30 days of the termination. 11. ARTIST shall provide the CITY with a written Bill of Sale conveying title to the CITY, and a sworn statement of no liens, claims or other encumbrances. Such documents shall be in a form acceptable to the CITY. 12. The ARTIST warrants that the WORK shall be free of defects in material and workmanship and that the ARTIST shall correct at her expense any such defects which appear for a period of one (1) year from delivery of the Bill of Sale for the WORK. 13. The ARTIST warrants that the WORK is an original and that the WORK does not infringe upon any copyright. 14. Title to the WORK shall vest in the CITY upon completion of the WORK. The CITY may reproduce images of the WORK, for non-commercial use, including but not limited to public information, educational and promotional purposes without written consent of the ARTIST. 15. The ARTIST retains (1) copyright of designs created (2) all rights to the Artists Rights Act of 1990, and any successor act, except that the ARTIST hereby waives the rights under 17 U.S.C. 106A, and (3) all rights expressly granted in this Agreement. 16. The ARTIST hereby acknowledges that the artwork will become an integral part to the streetscape and that installation and integration of the artwork may subject the artwork to future removal, destruction, or other modifications by reason of its removal from the structure or the renovation, destruction or redevelopment of the structure. Notwithstanding the foregoing, the ARTIST hereby consents to the incorporation of the artwork into the streetscape and waives any rights in the artwork granted by 17 U.S.C. 106A, Visual Artists Rights Act of 1990. 17. ARTIST's rights, including but not limited to all copyrights, if applicable, under this Agreement are not assignable and shall cease with ARTIST's death and do not extend to ARTIST's heirs, successors or assigns. CITY's rights and obligations under this Agreement may be assigned without the consent of ARTIST at any time, without prior notice to ARTIST. 18. ARTIST shall notify the CITY of any permanent change of address from that stated in Paragraph 14 hereof, and the failure of ARTIST to do so shall be deemed a waiver by ARTIST of ARTIST's rights to enforce those provisions of this Agreement that require the express approval of ARTIST. 19. The ARTIST shall provide insurance in a form and an amount as requested by the CITY. 20. This Agreement shall be considered null and void unless signed by both the ARTIST and the CITY. 21. This Agreement and the documents attached hereto constitute the entire agreement between the CITY and the ARTIST and may only be altered, amended or repealed by a duly executed written instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Approved as to form: City Attorney WITNESSES: Rita Ellis, Mayor ARTIST: JOHN CLEMENT By: (please type or print name) (please type or print name) (SEAL) CORPORATE ACKNOWLEDGMENT STATE OF _ COUNTY OF The foregoing instrument was acknowledged before me this day of 20_, by (name of officer or agent, title of officer or agent), of (state or place of incorporation) corporation, on behalf of the corporation. He/She is (personally known to me) (or has produced identification) and has used his/her (type of identification) as identification. Signature of Person Taking Acknowledgment CERTIFICATE (If Corporation) STATE OF FLORIDA COUNTY OF HEREBY CERTIFY that a meeting of the Board of Directors of a corporation under the laws of the State of held on resolution was duly passed and adopted: 20_, the following "RESOLVED", that , as President of the corporation, he/she is hereby authorized to execute the Agreement dated , 20_, between the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation". I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this day of , 20_. (Secretary) BILL OF SALE KNOW TO ALL MEN BY THESE PRESENTS, that (ARTIST) for and in consideration of the sum of ,lawful money of the United States, and other good and valuable consideration, the receipt whereof is hereby acknowledged, has granted, bargained, sold, transferred and delivered, and by these presents does hereby grant, bargain, sell, transfer and deliver unto the City of Delray Beach, Florida, its successors and assigns, a work of art that is TO HAVE AND TO HOLD the same unto the City of Delray Beach, Florida, its successors and assigns forever. IN WITNESS WHEREOF, ARTIST has hereunto set his hand and seal this day of 200_. (print or type name) STATE OF FLORIDA COUNTY OF of The foregoing instrument was acknowledged before 200_, by ,who is me or who has produced who did take an oath. me this day personally known to as identification and Notary Public My Commission Expires: Date: 12 Apr 2007 AGENDA ITEM NUMBER: y' ~. fir. AGENDA REQUEST Request to be placed on: X Consent Agenda -Regular Agenda -Workshop Agenda ,:--Special Agenda When: 17 A~ri12007 Description of Agenda Item (who, what, where, how much): Request for Commission approval of proposed sculpture for Knowles Park subject to receiving a grant from Palm Beach County and to submit the Knowles Park Sculpture Project grant application to Palm Beach County "Public Art Improves Our Community" matching grant program. The matching grant program is a 50% match. Staff Recommendation: Department Head Signature: ~f-/vu~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: Yes Account Number Description Account Balance: Funding Alternatives: City Manager Review: Approved for Agenda: ~/ No Initials: Hold Until: Agenda Coordinator Review: Received: (if applicable) S:\EngAdmin\Projects\2007\2007-012\OFFICIAL\2007-04-17 agenda.doc MEMORANDUM To: Mayor and City Commissioners From: Lula Butler, Director Community Improvement Through: David Harden, Cityf~Manager Subject: Agenda Item #~.I~f- Regular Meeting of April 17, 2007 Request for Approval of a Locally Funded Agreement between the City of Delray Beach and the Florida Department of Transportation Item Before the Commission: City Commission consideration of approval of Locally Funded Agreement (LFA) with the Florida Department of Transportation (FDOT) for the funding by the City of a portion of the costs ($11,000) for irrigation and landscaping for the South Federal Highway road reconstruction project, FM Number 413839-1-52-01. Background: The FDOT has a road reconstruction project planned for South Federal Highway, between the C-15 Canal and Tropic Boulevard. FDOT has been proactive in funding irrigation and landscaping in connection with these projects, however, they have a budget limit of $88,000 to expend toward beautification. Irrigation system deficiencies increased the cost of the project beyond the funds available to FDOT. The City has a source of funds from the Beautification Trust Fund that can be used for beautification on selected roadways and can cover the proposed $11,000 expenditure to fund FDOT's shortfall Funding Source: The Beautification Trust Fund Recommendation: Staff is recommending City Commission consideration of the request to approve the Resolution directing the City Manager to enter into a Locally Funded Agreement with FDOT to fund $11,000 to offset imgation and landscaping costs for the South Federal Highway road reconstruction project, between the C-15 Canal and Tropic Boulevard. RESOLUTION NO. -07 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AUTHORIZING THE CITY TO ENTER INTO A LOCALLY. FUNDED AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FOOT) FOR THE INSTALLATION OF IRRIGATION AND LANDSCAPING DURING THE 3R PROJECT ALONG SRS (FEDERAL HIGHWAY) FROM THE C-15 CANAL TO NORTH OF TROPIC BOULEVARD; PROVIDING FOR AN EFFECTIVE DATE UPON APPROVAL. WHEREAS, highway beautification is an important part of our community; and WHEREAS, the improvements are in the interest of both the City of Delray Beach and the Florida Department of Transportation (FOOT), and WHEREAS, the FOOT had a limited budget of $8$,000 for irrigation and landscaping for South Federal Highway, and WHEREAS, the condition of the existing irrigation system required a complete replacement of the system, beyond the limits of FDOT's budget; and WHEREAS, the additional expense to the City of $11,000 is warranted considering the capital outlay by FOOT and the improvements received in return; and WHEREAS, the City can fund this expenditure from the Beautification Trust Fund; and WHEREAS, it is more practical, expeditious and economical for the FOOT to coordinate the installation of the irrigation and the landscaping in conjunction with the road improvement project; and WHEREAS the City provided a `Letter of Intent' to the FOOT on Mazch 5, 2007 to fund the additional $11,000 for the irrigation and landscaping on the South Federal Highway Project. NOW, THEREFORE, BE IT RESOLVED by the City Commission of Delray Beach, Florida.: Section 1. The City Commission authorizes the City to enter into an agreement with the FOOT know as a `Locally Funded Agreement' (LFA) in connection with Financial Management Number 413839- 1-52-01. Section 2. The City Commission hereby authorizes the City Manager to enter into the LFA between the City of Delray Beach, Florida and the Florida Department of Transportation. Section 3. The City Commission authorizes the lump sum payment to FDOT in the amount of $11,000 within thirty (30) days of the execution of the LFA, as defined in the agreement. Section 4. That this resolution shall become effective immediately upon its passage. PASSED AND ADOPTED in regular session on this the day of , 2007. MAYOR ATTEST: City Clerk - RECEIVED _ APR 1 12001 _, '~ '~~~ CITY MANAGER Florida Department of Transportation CHARLI E CRI5T PROFESSIONAL AND OTHER CONTRACTUAL SERVICES -DISTRICT 4 STEPHANIE KOPELOUSOS GOVERNOR 3400 West Commercial Boulevard, Fort Lauderdale, Florida 33349-3421 INTERIM 5ECRETARl" Telephone: (954) 777-4603 Fax: (954) 777-4602 April 11, 2007 Mr. David T. Harden City Manager City of Delray Beach 100 N.W. 1St Avenue Delray Beach, Florida 33444 RE: Locally Funded Agreement FM# 413839-1-52-01 Dear Mr. Harden: I am enclosing five (5) copies of the Locally Funded Agreement (CFA's) for the above referenced project. Please no NoT fill in the date of the contract. The date of the contract shall be completed by our staff upon execution by the Department of Transportation's Director of Transport Support. A fully executed copy will then be forwarded to you for your files. In addition to returning the five signed original agreements, please forward: • Two (2) original and three (3) certified copies of the Commission resolution that authorizes the execution of the CFA. If it is not possible to obtain the resolutions, please forward: • Five (5) certified copies of the minutes of the Commission meeting at which this agreement was approved for execution. Should you have any questions, please contact me at 954-777-2285. Sincerely, 1 ~ ' eos A. Kennedy, Jr. Professional Services Unit Enclosure: LFA Agreement Copy: Thuc Le- FDOT Project 11~a ager tate.fl.Ils File FM No: 413839-1-52-01 FEID No: VF-596-000-308 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCALLY FUNDED AGREEMENT THIS AGREEMENT, entered into this day of 200_, by and between the State of Florida Department of Transportation hereinafter called the DEPARTMENT, and CITY OF DELRAY BEACH, at 100 N.W 1gt AVENUE, DELRAY BEACH, FLORIDA, 33444 hereinafter called the PARTICIPANT. WITNESSETH WHEREAS, the DEPARTMENT and the PARTICIPANT are desirous of having the DEPARTMENT make certain improvements in connection with Financial Management (FM) Number413839-1-52-01 (Funded in Fiscal Year 2007/2008) for the Installation of Landscape and an Irrigation System during the 3R Project along SR5 from South of the C-15 Canal to North of Tropic Blvd. in Palm Beach County, Florida, as set forth in Exhibit "A", Scope of Services, annexed hereto and made a part hereof, and, WHEREAS, for purposes of this Agreement, improvements to be made as stated above are hereinafter referred to as the Project; and, WHEREAS, the improvements are in the interest of both the PARTICIPANT and the DEPARTMENT and it would be more practical, expeditious, and economical for the DEPARTMENT to perform such activities; and, WHEREAS, the PARTICIPANT by Resolution No. adopted on _, 200_, a copy of which is attached hereto and made a part hereof, authorizes the proper officials to enter into this AGREEMENT. NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the PROJECT, the parties agree to the following: 1. The recitals set forth above are true and correct and are deemed incorporated herein. 2. The DEPARTMENT shall be responsible for assuring that the Project complies with all applicable Federal, State and Local laws, rules, regulations, guidelines and standards. 3. The PARTICIPANT agrees to make all previous studies, maps, drawings, surveys and other data and information pertaining to the Project available to the DEPARTMENT at no extra cost. 4. The DEPARTMENTshall have the sole responsibility for resolving claims and requests for additional work for the Project. The DEPARTMENTwill make reasonable efforts to obtain the PARTICIPANT input in its decisions. 1 of 4 5. The PARTICIPANTS share is estimated to be a lump sum payment of ELEVEN THOUSAND DOLLARS ($11,000.00) to the DEPARTMENT, for the Project. In~the event the actual cost of the Project is less than the PARTICIPANT'S share of ELEVEN THOUSAND DOLLARS ($11,000.00) the difference is non-refundable and the excess of funds will be applied to other phases of the Project. The DEPARTMENT agrees to provide additional funding as needed to complete the Project. The PARTICIPANT agrees that it will, within thirty (30) days of execution of this Agreement, furnish the DEPARTMENTwith a check in the amount of ELEVEN THOUSAND DOLLARS ($11,000.00) towards the Project Costs. Remittance shall be made payable to the Department of Transportation. Payment shall be clearly marked to indicate that it is to be applied to FM Project No.: 413839-1-52-01. The DEPARTMENTshall utilize this amounttowards costs of Project No.:413839-1-52-01. Payment shall be mailed to: Florida Department of Transportation Professional Services Unit Attention: Leos A. Kennedy, Jr. 3400 West Commercial Boulevard Fort Lauderdale, FL 33308-3421 6. In the event it becomes necessary for the DEPARTMENT to institute suit for the enforcement of the provisions of this Agreement, each party shall be responsible to pay their own attorney fees and court costs. Venue with respect to any such litigation shall be in Broward County. 7. Should the DEPARTMENT and the PARTICIPANT decide to proceed with subsequent phases of the Project, the AGREEMENT may be amended to identify the respective responsibilities and the financial arrangements between the parties. 8. This AGREEMENT and any interest herein shall not be assigned, transferred or otherwise encumbered by the PARTICIPANT under any circumstances without the prior written consent of the DEPARTMENT. However, this AGREEMENT shall run to the DEPARTMENT and its successors. 9. Except as otherwise set forth herein, this AGREEMENT shall continue in effect and be binding to both the PARTICIPANTand the DEPARTMENT until the Project is completed as evidenced by the written acceptance of the DEPARTMENT, or December 31, 2009 whichever occurs first 10. The PARTICIPANTwarrantsthat it has not employed or obtained any company or person, other than bona fide employees of the PARTICIPANT, to solicit or secure this AGREEMENT, and it has not paid or agreed to pay any company, corporation, individual or firm, other than a bona fide employee employed by the PARTICIPANT. For breach or violation of this provision, the DEPARTMENT shall have the right to terminate the AGREEMENT without liability. 2 of 4 11. With respect to any of the PARTICIPANT'S agents, consultants, subconsultants, contractors, sub-contractors, such party in any contract for this project shall agree to indemnify, defend, save and hold harmless the DEPARTMENTfrom all claims, demands, liabilities, and suits of any nature arising out of, because of or due to any intentional and/or negligent act or occurrence, omission or commission of such agents, consultants, subconsultants, contractors and/or subcontractors. The PARTICIPANT shall provide to the DEPARTMENT written evidence of the foregoing upon the request of the DEPARTMENT. It is specifically understood and agreed that this indemnification clause does not cover or indemnify the DEPARTMENT for its own negligence. 12. This AGREEMENT is governed by and construed in accordance with the laws of the State of Florida. 13. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this agreement that are not contained in thisdocument. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment, or alteration in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 14. Any or all notices (except invoices) given or required under this Agreement shall be in writing and either personally delivered with receipt acknowledged or sent by certified mail, return receipt requested. AI notices delivered shall be sent to the following addresses: If to the DEPARTMENT: Florida Department of Transportation -District Four 3400 West Commercial Blvd. Fort Lauderdale, Florida 33309-3421 Attn: Leos A. Kennedy, Jr. With a copy to: Thuc Le A second copy to: District General Counsel If to the PARTICIPANT: City of Delray Beach Dept. of Environmental Services 100 N.W. 1St Avenue Delray Beach, FL 33444 Attn: David T. Harden City Manager With a copy to: Attorney IN WITNESS WHEREOF, this Agreement is to be executed by the parties below for the purposes specified herein. [Authorization has been given to enter into and execute this Agreement by Resolution No. hereto attached.] 3 of 4 CITY OF DELRAY BEACH BY: NAME: TITLE: ATTEST: CITY CLERK APPROVED: BY: CITY ATTORNEY (SEAL) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: ROSIELYN QUIROZ DIRECTOR OF TRANSPORTATION SUPPORT APPROVED: (AS TO FORM) BY: DISTRICT GENERAL COUNSEL APPROVED: BY: PROFESSIONAL SERVICES ADMINISTRATOR 4 of 4 Rxhihit A Scope of Services The City of Delray Beach desires to add additional amenities to the RRR Project FM# 413839-1-52-01; SR 5 (US-I) from south of the C-15 Canal to north of Tropic Blvd., a distance of approximately 1.095 miles. The limits of the project within the City of Delray Beach begins just north of the C-15 Canal. After the completion of a field inspection, the City of Delray Beach decided to add irrigation in the medians were it was found that imgation was not present. The City of Delray Beach has also expressed a need to use Central Controllers and Flow Meters. The following are additional required amenities: • IRRIGATION-including necessary system devices A enda Item No.: ~ • ' " g AGENDA REQUEST Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda Consent Agenda ORDINANCE/RESOLUTION REQUIRED: YES/NO Draft attached: YES/NO ITEM BEFORE THE COMMISSION: Date: April 13, 2007 When: April 17, 2007 City Commission consideration of approval of Locally Funded Agreement (LFA) with the Florida Department of Transportation (FDOT) for the funding by the City of a portion of the costs ($11,000) for imgation and landscaping for the South Federal Highway road reconstruction project, FM Number 413839-1-52-01. RECOMMENDATION Staff is recommending City Commission consideration of the request to approve the Resolution directing the City Manager to enter into a Locally Funded Agreement with FDOT to fund $11,000 to offset irrigation and landscaping costs for the South Federal Highway road reconstruction project, between the C-15 Canal and Tropic Boulevard. Department Head Signature: City Attorney Review/Recomme tion (if applica le Budget Director Review (required on all items involving expenditure of funds): Funding Available: 'ES~/NO 1 r ,C Funding Alternatives: (if app~'ab ~ ~ ~ ~LrGtS' !emu Account No. & Desc~ t o -~3 ~j- ,2 Y1, ~~- ~M,~ ~d' Account Balance: ~ UL ${~r> 1/~"~ City Manager Review: Approved for Agenda: Hold Until: /NO ~~;" ? ~, Agenda Coordinator Review: Received: Placed on Agenda: ~v ok MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS r, ' FROM: J IN AL N, P ANjVER ~ ~~! ~ ~~~'`~ `~K.t~.~ THROUGH: PAUL DORLING, AI ,DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: SUBJECT: ~PRII 11 ~nm ITEM BEFORE COMMISSION The action requested of the City Commission is review of appealable actions which were made by various Boards during the period of April 2, 2007 through April 13, 2007. BACKGROUND 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. REVIEW BY OTHERS Site Plan Review and Appearance Board -Meeting of April 11, 2007: A. Approved (4 to 0, Mark Gregory and Andrew Youngross stepped down and Shane Ames absent), a request for a blanket sign program for Latitude Delray, located at the northwest corner of Lindell Boulevard and South Federal Highway (231 South Latitude Circle). B. Approved (6 to 0), a Class I site plan modification with a color and material changes for East Wind Beach Club, an existing residential development located on the west side of North Ocean Boulevard, north of East Atlantic Avenue (150 North Ocean Boulevard). C. Approved (4 to 0, Jose Aguila and Carolyn Farnham stepped down), a Class I site plan modification associated with the exterior renovation of Delray Harbor Club, an existin~ residential condominium, located on the east side of South Federal Highway, south of SE 10` Street (1035 South Federal Highway). City Commission Documentation, Meeting of April 17, 2007 Appealable Items D. Approved (6 to 0), a Class I site plan modification associated with the painting of a mural on approximately 90 feet of the north wall of the Delray Camera Shop building ,located at the southwest corner of NE 2"d Street and Pineapple Grove Way (186 Pineapple Grove Way). E. Approved with conditions (6 to 0), a Class V site plan and landscape plan associated with the construction of Sunshine Neighborhood Park, located on the west side of SW 15th Avenue at SW 2"d Street (146 SW 15th Avenue). F. Approved with conditions (4 to 0, Jose Aguila and Andrew Youngross stepped down), a Class V site plan, landscape plan and architectural elevation plans associated with the construction of anew fire station at Fire Station #4, located at the northeast corner of Lake Ida Road and Barwick Road (4321 Lake Ida Road). Concurrently, the Board recommended that the City Commission approves a waiver to LDR Section 4.6.9(D)(3)(a) which requires a maximum width of 36 feet for driveways. Historic Preservation Board-Meeting of April 4. 2007: No appealable items were considered by the Historic Preservation Board. The following items which were considered will be forwarded to the City Commission for action: Recommended approval (5 to 0, Linda Lake and Keith Snider absent), to the Planning and Zoning Board for the City initiated small-scale Future Land Use Map (PLUM) Amendment from CC (Commercial Core) and OMU (Other Mixed Use) to OS (Open Space) and rezoning from CBD (Central Business District) and OSSHAD (Old School Square Historic Arts District) to OSR (Open Space and Recreation) for the proposed urban park adjacent to Old School Square, located north of East Atlantic Avenue, between NE 1St Avenue and Pineapple Grove Way (NE 2"d Avenue). Recommended approval (5 to 0), to the Planning and Zoning Board on a conditional use request to establish aresidential-type inn on Blocks 60 & 71, Town of Delray Beach, & associated expansion of the Sundy Inn, located on the east and west sides of South Swinton Avenue, south of West Atlantic Avenue. RECOMMENDATION By motion, receive and file this report. Attachment: ^ Location Map 2 CITY Of DELRAY BEACH, FLORIDA PRAB A. LATITUDE DELRAY B. EAST WIND BEACH CLUB C. DELRAY HARBOR CLUB D. DELRAY CAMERA SHOP E. SUNSHINE NEIGHBORHOOD PARK F. FIRE STATION #4 _,~_~ -~~_ crnuMrcs ~~- _~._ ~ ONE MILE ~ GRAPHIC SCALE CITY OF DELRAYBEACH, FL PLANNING 8 ZONING DEPARTMENT APRIL 2007 olrlru easEwPSVSrEA+-- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: JACKLYN ROONEY, PURCHASING MANAGER THROUGH: CITY MANAGER DATE: APRIL 10, 2007 SUBJECT: AGENDA ITEM ~• i • ~- REGULAR MEETING OF APR PURCHASE OF ONE (1) FORD F-250 PICK-UP TRUCK VIA THE FLORIDA SHERIFF'S CONTRACT #06-14-0821 ITEM BEFORE COIVIIVIISSION City Commission is requested to approve award to Duval Ford for the purchase of one (1) Ford F250 pick-up truck via the Florida Sherill"s Association Contract #06-14-0821 for the total amount of $17,895. BACKGROUND This is a replacement for a currern pick-up truck, December 12, 2006. An insurance claim was deposited in City's Garage Fund account code. vehicle #664, which was a total loss from a fire on processed by Risk Management, and $7000 was FUNDING SOj,JRCE Funding from account code 501-3312-591-64.20 Garage Fund, City Garage, Machinery/Equipment, Automotive. RECOMMENDATION Staff recommends awazd for the purchase of one (1) Ford F-250 Pick-up Truck from Duval Ford for the total amount of $17,897 to replace Vehicle #b64. Pricing per Florida Sheriff s Contract #06-14- 0821. Attachments: Florida State Contract Memo from City Garage Florida.Sheriffs Association Bid Awazd ~~ cc: Joseph Saffo~ce Director Page 1 of 2 Nadal, Patsy From: Rumell, Kevin Bent: Wednesday, April 11, 2007 2:49 PM To: Nadal, Patsy Subject: FW: Vehicle Requisition-Duval Ford Patsy, I've spoken to Milena and she's cleared this up for me. Please use account code 501- 3312-591-64.20 Thanks, Kevin G. Rumell Fleet Maintenance Superintendent City of Delray Beach Office (561) 243-7333 Fax (561) 2T2-5366 Email rumell@ci.delray-beach.fl.us From: Rumell, Kevin Sent: Thursday, April 05, 2007 9:41 AM To: Williams, Pame' Cc: Rooney, Jackie; Smith, Douglas Subject: Vehicle Requisition-Duval Ford Pame' Mr. Harden has given me approval to proceed with the purchase of a replacement vehicle for 664, which was a total loss from a fire 12/29/06. Pricing is from the 2006 Florida Sheriffs Contract # 06-14-0821; funds are available in account#501-3312-591-64.20 ($5,266.00) and 501-0000-364-42.00 ($12,629.00). Please prepare a requisition for the purchase of the following vehicle: Florida Sheriff's Contract #06-14-0821; Specification #35 Replacement for Vehicle #664 Vendor Information Duval Ford One (1) Ford F-250 SD 4X2 Pickup Truck $15,122.00 White Exterior/Blue Interior Options Code 3K Third Key 89.00 Code 531-86T-HD Trailer Towing Package 489.00 Code E5/100 Extended Extra Care Warranty 2,195.00 Total $17,895.00 Thank you, 4/11/2007 AGENDA ITEM NUMBER: ~ ~ ~- AGENDA R QE UE8T Request to be placed on: April 17, 2007 Date: Apra{ 12, 2007 „~ Consent Agenda Special Agenda Wortcshop Agenda Description of agenda item: Purchase of one (1) 2007 Ford F-250 SD 4x2 pick up truck from Duval Ford for the total ~ of $17,895 for the Garage. Priang per Florida Sheriffs Association Contrail # 06-14-082/. ORDINANCElRESOLUTiON REQUIRED: Draft Attached: YES NO YES NO Recommendation: Approve award to Duval Ford for the purchase of one (1) 2007 Ford F-250 SD 4x2 pick-up truck for the total cost of $17,895. Pricing per Florida Sheriffs Association Contract # 06-140826. Funding from account code 501-3312-591-64.20 (Garage Fund, City Garage, Machinery/Equipment, Automotive. ~1 Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (requ"ir~ed o~,n~a}i-l items involving expenditure of funds): Funding available: ~~'e~. !_~.__,. No Funding attematives: ! L (if applicable) Account Number: ~ ~ ~ ~~~ ""~1n. ~• ~T ~d Account Description: ~ ~n:r~~ ~'~ Accourrt Balance: ~. y~~ City Manager Review: Approved for agenda: No Hold Until: Agenda Coordinator Review: Received: Action: Aooroved Disanoroved MEMORANDUM TO: MAYOR,,~VD CITY~OAQMISSIONERS FROM: A~ E. XCL , THROUGH: PAUL DORLIN , A THROUGH: CITY MANAGE DATE: APRIL 11, 2007 SUBJECT: AGENDA ITEM ATION PLANNER P, DIRECTOR PLANNING AND ZONING L17 APPEAL OF THE HISTORIC PRESERVATION BOARD'S APPROVAL OF NEW CONSTRUCTION AT 238 SE 7t AVENUE LOCATED IN THE MARINA HISTORIC DISTRICT. ITEM BEFORE COMMISSION The action requested of the City Commission is consideration of an appeal of the Historic Preservation Board's (HPB) decision made on March 21, 2007. The HPB approved the Certificate of Appropriateness (COA) for the new construction of a two-story garage/guest suite located at 238 SE 7ch Avenue based on findings that the request was consistent with the Comprehensive Plan and met the criteria set forth in LDR Sections 4.5.1(E)(4), (E)(7), (E)(8)(a-k), and 4.3.3(Q), the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. Staff recommends that this item be deferred until the May 1, 2007 Regular Commission Meeting in order for the full Commission to be present for this item. BACKGROUND At the March 21, 2007 Historic Preservation Board (HPB) meeting, a Certificate of Appropriateness (COA) for the construction of a new two-story, garage/guest suite located at 238 SE 7ch Avenue was approved with conditions. The Staff Report noted that the development proposal was not consistent with either the development patterns of accessory structures within the historic district nor the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, or the Secretary of the Interior's Standards for Rehabilitation, all of which are used in the review and issuance of a COA. Staff's recommendation to the HPB was denial of the application, as positive findings could not be made. Staff also presented a letter from the State of Florida's Bureau of Historic Preservation which not only reinforced Staff's analysis that the proposal was inconsistent with the aforementioned Standards, but could also require that the current Historic Preservation Tax Exemption be revoked, requiring repayment of the exempted taxes with interest. A complete analysis of the proposal is found in the attached Historic Preservation Board Staff Report of March 21, 2007, as well as the aforementioned letter from the Bureau of Historic Preservation. City Commission Documentation, Page 2 Meeting of April 17, 2007 Appeal of HPB Action - 706 SE 2nd Street REVIEW BY OTHERS The Board followed the established quasi judicial procedures in considering the project. The applicant offered testimony in support of the development proposal. The Board took testimony from members of the public. APPEAL On April 3, 2007, the City Commission voted to appeal the Historic Preservation Board's action on the subject property. The basis of the appeal is that the actions taken by the Historic Preservation Board were inconsistent with the LDRs, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. The relief being sought is that the approval of the COA be reversed and the development request be denied. RECOMMENDATION Approve the appeal, thereby reversing the Historic Preservation Board's approval. Attachments: ^ Historic Preservation Board Memorandum Staff Report of March 21, 2007 ^ Letter dated March 21, 2007 from David Ferro, Supervisor, Architectural Preservation Services Section, Bureau of Historic Preservation, State of Florida. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This appeal of the approval of a Certificate of Appropriateness for the new construction of a two-story garage/guest suite located at 238 S.E. 7th Avenue has come before the City Commission on April 17, 2007. 2. The Appellants, Appellee and City staff presented documentary evidence and testimony to the City Commission pertaining to the appeal of the approval of a Certificate of Appropriateness for the new construction of a two-story garage/guest suite located at 238 S.E. 7th Avenue. All of the evidence is part of the record in this case. Required findings are made in accordance with Subsections I, II and 111. I. LDR REQUIREMENTS a. LDR Section 4.5.1(E)(4), 4.5.1(E)(7) and 4.5.1(E)(8)(a-k), "Development Standards° provides guidelines in evaluating Certificates of Appropriateness for the alteration or addition of exterior architectural features Are these guidelines met? Yes No b. LDR Section 4.3.3(Q), "Guest Cottages", provides guidelines for size and occupancies of guest cottages Are these guidelines met? Yes No Have the overall objectives of the LDR's been met? Yes No II. DELRAY BEACH HISTORIC PRESERVATION DESIGN GUIDELINES: The Delray Beach Historic Preservation Design Guidelines suggest the following which apply with respect to the subject application: • Avoid obscuring or destroying characteristic features of the original building. While the proposed development is not added onto the existing historic structure, it would obscure or destroy those features as viewed from the streetscape. • New accessory structures should compliment the principal building, and should be located to either the rear or the side of the principal building. While complimentary, the proposed new construction sits directly in front of what is left of the original structure, as seen from the street. It is in no way situated to the side or rear of the principal building. • Accessory structures should not block any portion of the front fagade of the principal building. The proposed new construction is situated directly in front of the principal building. • By their very nature, the role of the accessory structure is subordinate to the principal building. While the use of the proposed new construction may be subordinate to the principal building, its location and setting dominates the property. Have the overall objectives of the Delray Beach Historic Preservation Design Guidelines been met? Yes No III. THE SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION: The Secretary of the Interior's Standards for Rehabilitation recommend: • The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided. (Standard 2) • New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. (Standard 9) Have the overall objectives of the Secretary of the Interior's Standards for Rehabilitation been met? Yes No 3. The City Commission has applied the LDR requirements in existence at the time the original site plan was submitted. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained 2 in the record including but not limited to the staff reports, testimony of experts and ofiher competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the appeal and hereby adopts this Order this day of April 17, 2007, by a vote of in favor and opposed. ATTEST: Rita Ellis, Mayor Chevelle Nubin City Clerk 3 URRAY BUCH ~~„~.~~„ ~~~~~~~ 1'J9"1 !U01 HISTORIC PRESERVATION BOARD MEMORANDUM STAFF REPORT Authorized Agent: Eliopolous Architecture, Inc. Property Owner: Mr. & Mrs. Dan Dietrich Project Location: 238 SE 7th Avenue, Marina Historic District HPB Meeting Date: March 21, 2007 COA: 2007-098 UEIBAY B[ACH ~~~ ~~~~~~~~ 199:1 ?UU1 ITEM BEFORE THE BOARD The item before the Board is consideration of a Certificate of Appropriateness for the construction of a two-story garage/guest suite at 238 SE 7th Avenue, Marina Historic District pursuant to LDR Section 2.4.6(H). BACKGROUND The subject property consists of Lot 15 and the South 10 Feet of Lot 16, Gracey-Byrd Subdivision of Block 119, City of Delray Beach. The zoning for the property is R-1-AA (Single Family Residential). The original structure is classified as contributing to the historic building stock of the Marina Historic District. In an updated 1999 Florida Master Site File Survey, it is noted that "although it has undergone modifications, it still maintains its integrity and represents the historic architecture of the area." The old City Clerk Tax Cards indicate that the original structure located on the property was built in 1937. The wood frame structure was originally owned by Fontaine Fox, author of the "Toonerville Trolley" cartoon strips. The structure located at 610 North Ocean Boulevard, listed on the Local Register of Historic Places, is named "Fontaine Fox House". Building records also indicate that he owned and developed the three lots located directly to the north. The builder of those lots was S.G. Owens, who developed many properties along SE 7"' Avenue. In 1998, the Historic Preservation Board approved the construction of a two-story addition to the northeast corner of the structure, which is primarily located on the front (east} and side (north) elevations. Subsequent to the construction of the aforementioned addition, the applicants were approved for the historic preservation tax exemption. The tax exemption, applicable to improvements to contributing structures and their properties, was effective January 1, 2000 and will end on December 31, 2009. There are no additional Board or administrative actions on file regarding this property. The subject application requests consideration for the construction of a two-story garage with guest suite. In anticipation of the submittal, the applicant and/or agent met with Staff on a number of occasions regarding the subject proposal. Staff opined to the applicant and agent that a more appropriate and compatible solution would be to place an addition to the rear of the existing structure and that if variances to the rear and side setbacks would be necessary, they would be supported by Staff. It was the applicant's and/or agent's opinion that the structure does not contribute to the Marina Historic District. However, if that were the case, the approved 238 S~ ?$°t , nr+ :C' ~'C3t~ ?; ;'i'_t`.';Sy NF'f3 " `~ ,; March 2t . P~c~e 2 of '7 tax exemption would not have been available for the property owners to take advantage of, as that is a benefit strictly limited to improvements to contributing structures. PROJECT DESCRIPTION The application consists of the construction of a two-story, accessory structure containing a one-car garage on the lower level, and one-bedroom guest suite on the upper level. The structure is proposed to be located approximately two feet seven inches (2'7") from the front elevation of the existing structure, and is to be situated on the front and side interior setback lines. The square footage is calculated as follows: • Footprint - 730.75 • First Floor - 390 • Second Floor - 390 • Covered Carport - 255 The exterior finish is a combination of smooth stucco on the first story, with a "smooth fiber cementitious lap siding" (imitation wood siding) on the second story. The roof is proposed to be finished with a 5-V crimp metal seam roof. A stairway with aluminum rail is proposed on the exterior of the rear (west) elevation while an attached carport is located on the side (north) elevation. Cedar wood columns and beams will support the carport and also be located on the west {rear) elevation providing a covered entry for both the garage and guest suite. All windows are proposed to be casement type and will be impact resistant and made of aluminum. Decorative, aluminum window shutters are proposed at all windows throughout. Decorative aluminum louvers are located at the gable ends. The proposed color scheme is as follows: • Roof -Mill Finish • Windows, Shutters, Doors, Trim, & Fascia -White • Wall - 15t Story -Gray (To match exposed concrete block foundation of existing structure) • Wall - 2"d Story -Yellow (To match existing color of existing structure) • Railing -White • Stucco Headers and Sills -Gray A brick pavered curb cut and drive is proposed to extend through the carport and terminate as a walkway up to the existing structure and stairway at the proposed structure. It also curves over to the garage door opening, which faces SE 7'h Avenue. Atwenty-foot (20') wide, gravel drive currently extends from the street to the existing structure. ANALYSIS REQUIRED FINDINGS Comprehensive Plan A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable Objectives and Policies were noted: FUTURE LAND USE ELEMENT: 1.33 S~ °:~ , <, ,^~~K 3~:~`~_nta N~t3 ~r°, , _ i ~~ai:2?' w ~. GOAL AREA "A" LAND WITHIN THE PLANNING AREA SHALL BE DEVELOPED OR REDEVELOPED, TO ENHANCE THE EXISTING QUALITY OF LIFE, COMPLIMENT EXISTING LAND USE AND RESULT IN A MIXED, BUT PREDOMINANTLY RESIDENTIAL COMMUNITY WITH A BALANCED ECONOMIC BASE. Future Land Use Element Objective A-4 The redevelopment of land and buildings shall provide for the preservation of historic resources. The objective shall be met through continued adherence to the City's Historic Preservation Ordinance and the following policies: Future Land Use Policy A-4.1 Prior to approval or recommending approval of any land use or development application for property located within a historic district or designated as a historic site, the Historic Preservation Board must make a finding that the requested action is consistent with the provisions of Section 4.5.1 of the Land Development Regulations relating to historic sites and districts and the "Delray Beach Design Guidelines". Future Land Use Element Objective A-12.1 of the Comprehensive Plan, offers that to assist the residents of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Future Land Use Element Policy A-12.4 The City will provide planning and technical assistance to implement neighborhood-supported initiatives aimed at preserving the character of existing residential areas. Such assistance may involve the formulation of regulations that would limit size and scale of new homes to be consistent with the existing structures within a defined neighborhood, and analysis of the housing inventory to determine if the area qualifies for designation as a historic district, and similar measures. Coastal Management Element Policy B-2.1 The Marina Historic District shall embrace principles of historic preservation and economic development in a sensitive and blending manner. See Objective C-1 for the specific implementation program. Coastal Management Element Policy C-1.2 The middle and southerly portions of the Marina District shall continue to be enhanced through the renovation of existing single family and multi- family structures, sensitive rehabilitation of historic structures, and new construction which is appropriate to the historic district. DESIGN ELEMENTS LDR Section 4.5.1(E)(7) and 4.5.1(E)(8)(a-k) "Development Standards" provides guidelines in evaluating Certificates of Appropriateness for new construction. (E)(4) A historic site, or building, structure, site, improvement, or appurtenance within a historic district shall be altered, restored, preserved, repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of the Interior's Standards for Rehabilitation, as amended from time to time. See analysis of applicable Standards below. (E)(7) The construction of new buildings or structures, or the relocation, alteration, reconstruction, or major repair or maintenance of anon-contributing building or structure within a designated historic district shall meet the same compatibility standards as any material change in the exterior appearance of an existing non- contributing building. Any material change in the exterior appearance of any existing F ;4 non-contributing building, structure, or appurtenance in a designated historic district shall be generally compatible with the form, proportion, mass, configuration, building material, texture, color, and location of historic buildings, structures, or sites adjoining or reasonably approximate fo the non-contributing building, structure, or site. The above LDR states that the construction of new buildings shall be generally compatible with the location of historic sites adjoining or reasonably approximate to the new construction. There are no accessory structures located in such a manner that the historic building is completely obscure from the historic streetscape. Therefore, the location is not compatible and the intent of this LDR has not been met. (E)(8) A!1 improvement to buildings, structures, and appurtenances within a designated historic district shall be visually compatible. Visual compatibility can include but is not limited to: (a) height, (b) front facade proportion, (c) proportion of openings (windows and doors), (d) rhythm of solids to voids: front facades, (e) rhythm of buildings on streets, (~ rhythm of entrance and/or porch projections, (g) consistency in relation to materials, texture, color, (h) roof shapes, (i) walls of continuity, Q) scale of a building, and (k) directional expression of a front elevation. The following items should be considered for revisions to the proposed application: (b) Front Facade Proportion: The front facade of each building or structure shall be visually compatible with and in direct relationship to the width of the building and to the height of the front elevation of other adjacent or adjoining buildings within a historic district. There are no other accessory structures situated as is the proposed structure and it would not be appropriate to compare the proposed structure with the principal structures within the district. Therefore, there is no visual compatibility that may be found with respect to this requirement. (e) Rhythm of Buildings on Streets: The relationship of buildings to open space between them and adjoining buildings shall be visually compatible with the relationship between historic sites, buildings, or structures within a historic district. The principal structures along the west side of SE 7th Avenue are significantly set back from the street. However, there are no other accessory structures situated as is the proposed structure and it would not be appropriate to compare the proposed structure with the principal structures within the district. Therefore, there is no visual compatibility that can be found with respect to this requirement. (i) Rhythm of Entrance and/or Porch Projections: The relationship of entrances and porch projections to the sidewalks of a building shall be visually compatible with the prevalent architectural styles of entrances and porch projections on historic sites, buildings, and structures within a historic district. Garage doors are not found along SE 7th Avenue. While some might be located at the front of the property, they are situated to the side elevation. Regardless, it would be more appropriate to locate the garage doors to the rear of the property, as there is an improved alleyway, which could be taken advantage of, while retaining the front yard. (k) Directional Expression of Front Elevation: A building shall be visually compatible with the buildings, structures, and sites in its directional character, whether vertical, horizontal, or nondirectional. The proposed structure's directional expression of the front elevation is clear. However, it is not visually compatible with the surrounding properties as the exposure of garage fronts are not historically places along the streetscape on SE 7th Avenue. ~:~.:,~ The following is suggested by the Delray Beach Historic Preservation Design Guidelines regarding new construction and accessory structures: • Avoid obscuring or destroying characteristic features of the original building. While the proposed development is not added onto the existing historic structure, it would obscure or destroy those features as viewed from the streetscape. • New accessory structures should compliment the principal building, and should be located to either the rear or the side of the principal building. While complimentary, the proposed new construction sits directly in front of what is left of the original structure, as seen from the street. It is in no way situated to the side or rear of the principal building. • Accessory structures should not block any portion of the front facade of the principal building. The proposed new construction is situated directly in front of the principle building. • By their very nature, the role of the accessory structure is subordinate to the principal building. While the use of the proposed new construction may be subordinate to the principal building, its location and setting dominates the property. The proposed new construction does not meet the intent of the guidelines as noted above. The Secretary of the Interior's Standards for Rehabilitation suggest the following: • The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided. (Standard 2) The historic character of the property will be destroyed with the construction of the accessory structure directly in front of the historic (principal) structure. The relationship of the property to the historic streetscape will be significantly altered. • New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and ifs environment. (Standard 9) While visually compatible, the proposed new construction will cause the character of the property to be lost, further compromising the integrity of the property. The subject development proposal does not comply with the above noted Standards which should have been taken into consideration by the applicant. LDR Section 4.3.3 (Q), regarding Guest Cottages, states the following: (1) Can only be used by members of the family occupying the principal dwelling, their nonpaying guests, or persons employed for service on the premises (2) The structure shall not occupy more than 1/20th of the lot area and in no case shall exceed a floor area of 700 square feet. (3) The structure shall be located to observe the setback requirements as imposed for the principal structure. The proposed garage/guest cottage appears to be in compliance with this regulation with the exception of the front setback due to the required five foot (5') dedication (See below). f S~ r~ i2'1 I3s.~,1' ~>~3 ~',qE Right-of-Way Dedication Pursuant to LDR Section 5.3.1(D)(2), and the Transportation Element of the City's Comprehensive Plan, the required right-of-way width for SE 7th Avenue is 60'. Currently 40' of right-of-way exists for SE 7th Avenue. However, the Development Services Management Group (DSMG) reviewed the application at their February 8, 2007 meeting and waived the 60' requirement, but required the right of way to expand to fifty feet (50'). Therefore, afive-foot (5') dedication (half the distance of the difference) is required. CONCLUSION The existing structure is significantly setback from the front property line. However, this is typical of the historical development patterns within the Marina Historic District. Unfortunately, due to the construction of an addition not consistent with the review criteria, there is a minimal amount of the historic front facade which is visible from the streetscape. The proposed structure would be located directly in front of that remaining portion, further obstructing any view of the contributing structure. The analysis provided throughout the Staff Report clearly shows that the proposed structure does not comply with the required review criteria. Therefore, positive findings cannot be made with respect to the applicable Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. ALTERNATIVE ACTIONS A. Continue with the following direction: 1. That the plan is revised to show a five foot (5') dedication along SE 7th Avenue; 2. That the location of the new construction is revised to observe the front setback; 3. That the French Door note relating to the upper window on the west elevation be corrected; 4. That the stair rails are made of wood; 5. That shutter-dog hardware be provided; 6. That paint chips are provided; 7. That the garage door material is specified; 8. That the shutters are made of wood, and; 9. That the structure is revised to comply with the required review criteria; B. Move approval of COA 2007-098 for 238 SE 7th Avenue, Marina Historic District 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 the applicable Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. C. Move denial of COA 2007-098 for 238 SE 7th Avenue, Marina Historic District by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in the applicable Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. Motion to be phrased in the affirmative. See above) RECOMMENDATION 2?<3 ', "'~ " ~ i h~i ~'~.~ ~ ~; 7 t;9` Deny COA 2007-098 for 238 SE 7th Avenue, Marina Historic District by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in the applicable Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. Motion to be phrased in the affirmative. See above) Report Prepared by: Amy E. Alvarez, Historic Preservation Planner. Attachments: • Location Map • Survey • Site Plan • Elevations • Floor Plans • Photographs • 1999 Florida Master Site File BRUCE CARTER & ASSOCIATES, INC. ~IIIII~~ LAND SURVEYORS LAND PLANNERS 1580 N.W. 2nd AVE., SUITE 5, BOCA RATON, F-DRIDA PHONE (305) 395-6495 I~I~~II WEST PALM (305) 848-8455 - SKETCH OF SURVEY ~ ----- _ ~, - FOR= Daniel Dietrich __-_ °J - .• , i CERTIFIED TO: ~D ~%! 1;;-; / ~ Daniel Dietrich, --~------------- m;- ~ Greentree Mortgage Corporation of Q Florida, Inc. and/or its successor 11 e ~4 ~ and assigns and -_-...._----------._._-._-_ _._.-----^.-_--.-- ~ .Title U.S.A. tn' I 12--- --- ---~ I -- I~ SCALEr /""= 30' 5,E. 3 ST. ~f,£N ~•I-f M ~ 1Q K -~- A - ~G v,EL lr'A y 5 y y ~E~CA1\/ " - ~ --- I .. DESCRIPTION: fD. Go.o - _ rpAM s3 a (~ r Gr Lot 15 and the South 10 feet f ~9 0, ~~ ~~e ~ ~' Iz.GB+% of Lot 16 , GRACEY-BYRD o r9.5 SUBDIVISION OF BLOCK 119 w al ~ j CITY OF DELRAY, according to zC ~d,Z3g the Plat thereof , as recorded .3 ti / s,Y a9 !Z 8! dr in Plat Book 10, Page 52, of o ~~ _ p,',gME ' Palm Beach County, Florida. ~ "' FGoeR ~ 13.o a•6 /s "`°' Said lands situate 1 in -/s ,~ ~~•8•ss t - Y ~ g /3.56 lz.45 ,(~i. and being in Palm Beach "ls.l y`'p~o County, Florida. ,,(( ~~ ~a~ •~ I ~~~„ vi ~,~ Ir y This property is located in ~` a °o ~~ wrt'» "' Flood Zone "X" per Community ~ j ~ ,,,;,~"R Panel ~ 125102 0004 D •• .. •- .• • •••. revised Jan. 5, 1989 ~w;~;;;; ""• V vs rwrrr. roan e j. P.~ ~ v. iR 3~d, a~~J ' ,fin: .~~.. f li ... b. 10.4 I o' b.. JT ^! ~ " : wvrt rv ~ V ~ ;I `L/S sOFLS FT ` f° - ~°• F° !P ' ,~ o • , _ ._ t .34._i .- .. ...-_.__~----~ o tio- 3 v ¢°` /25.10^_._ g9~ ~9 ~' ----- f _- -- ___ ---- ~o.oZ 0 PZ. ~L. , f<:•ss ;jA~~- 56 :41p2 ~':if" f~"p,l~gf} 7~' CERTIFICATES sNf~-*+l: Sir" a t'.(~i4r~ii;~'`` -~~:• I hereby CERTIFY that the aitoched sketch of survey of the above described ~ ' property is true and Correct to the best of my knowledge and belief as surv9yed under my direction in FF ~ R ~_ (~ R__~_ 19~- BRUCE N. CARTER REGISTERED LAND SURVEYOR NO 2963 DATED:__ February 25, 1986 STATE OF FLORIDA THIS sketch is the propeAy of BRUCE CARTER B ASSOCIATES. wC and ehnu nM ~ .o,,.,.n..,.ea ~., w~,.~e ,...........~.~_... ___-•__:_ _ _... - -. ... UPDATES and/ar REVISIONS DATE BY CK'D NOTE The undersi{~ed and BRUCE CARTER D AS$OCIATES INC r'lO"d Z- 5-J C L,C, , . make no representations or guarantees as to the information reflected hereon pertaining to G~!//P77'ONS $-Lo-JB /~C, L~ easements,rightsof-way,setback)''utes,reservatfons,aryaements and ocher similar matters, ~ GO c/p-r-~ f) •Yd i f/ o ~ %/- 2•yg /,f,C, L C . and further, this instrument is rat intended to reflect or set forth al I such matters. Such information should be obtained and confirmed b others throu h a i t i l tl -~ 1 /' ' ~ U ~ G• L.:.. y g pprop a e t t e search. NOTE Lands shown hereon were not abstracted for right-of-way and /or easements of record. JOB N0. DRAWN BYE /,~ C CHECKED BYE L C. F.B. PG. 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' °age 1 i Original y, Update ~ Site Name 238 SE 7th Avenue Project Name Delray Beach Survey & Planning Project ~0 33~ HISTORICAL STRUCTURE FORM FLORIDA MASTER SITE FILE Consult Guide To Historical Structure Fortes for detailed instructions Site # P610270 Recorder # 36 Recorder Date 2/1999 Historic Contexts DepressionlNew Deal National Register Category Building ' ~ ~; ,, ,` ` = _ z s .~ ,, ,and IDENTIFICA I© LOCATIO ;: ~ ~.~,__ _ >,~~ _.._. ~,_ .:-:,. ~ .,.rte:-,~,v.•-- _~~-~~~,,.,~. -~ ~ ~_ __ _ Address 238 SE 7th Avenue Vicinity of SE 3rd St and SE 2nd St on W City Delray Beach County Palm Beach Ownership Private Subdivision Block # Lot # USGS Map Delray Beach 1962 PR 1969 & 1973 Townshi 46S Range 43E Section 16 Quarter SW Qtr Qtr SE Irregular Section ~ UTM Zone 17 Fasting 0593097 Northing 2926450 Land Grant Unknown Latitude Longitude Plat or Other Map Palm Beach County Aerials ,~ y _:. ~? r„ ~: ~, ~. ~:~ ti r ,~ ~ r .~.~ ~_ ~~~. nti~~ - ~_ ~.,~. I T R - ~ ____ - -- ~~ - ArchitectlBuilder Mark Vigneault (1999 renovations) Construction Date 1937 Circa Alterations ~ Date c. 1999 Type/Location windows replaced Additions ed ~ Original Location G.. final Use(s) Private Residence Type/Location Other Names None two-story addition added to the northeast comer Present Use(s) Private Residence ,, -. ~..:N ~. .,. ' _.,. Style Split-Level Exterior Plan L-shaped Interior Plan Unknown Stories 2 Structural System Wood Frame Exterior Fabric Weatherboard Foundatio Pier Foundation Materials Concrete Foundation Infil Concrete Block No. of Porches 1 Locations/Features east: hipped porch supported by wood posts (inside the "L") Dormers p Number/Location Outbldgs. ~ Number 1 Nature/Location (Describe below) One-story wood frame shed to the northwest Roof Type Cross-Gable Roofing Materials 5-y Sheet Metal Secondary Structures ~ Comments/Location Chimneys ~ ~. Date c. 1999 Number 1 Orientation South Wood Windows Metal Windows ^ Exterior Ornament Type DHS Type Cornerboards, Rafter Tails, Vents, Shutters Light # 6/6 Light # Condition Excellent Surroundings Residential Narrative (general, interior, landscape, context; 3 lines only) This building has been significantly altered by the replacement of windows and a large two-story addition which obscures the original structure. Flat wood trim surrounds the windows and triple French doors are located in the entryway. This building was originally a common example of 1930s residential construction. .geological Remains Present. ~ ; None Observed Location Wall, Exterior Material Brick FMSF Archaeological Site Form. Completed (if yes, attach) Printed Friday, July 09, 1999 Page 2 HISTORICAL STRUCTURE FORM Site # PB1o27o Concult Guide To Historical Structure Forms for detailed instructions -.,~ R R 10 S Eligible for National Register? Yes ~ No ~ Likely, Need Informatio ~ Insufficient Information Significant as Part of District? Significant at Local Level? Areas of Significance Community Planning And Development Summary of Significance Yes ~ No ~ Likely, Need Informatio ~ Insufficient Information r Yes ~ No ~ Likely, Need Informatio ~ Insufficient Information C, This late-1930s residence is considered a contributing resource within the Marina Historic District. Although it has undergone modifications, it• still maintains its integrity and represents the historic architecture of the area. This residence is considered ineligible for listing in the NRHP on an individual basis or as part of a historic district. DHR'USE ONLY OFFICIAL EVALUATIONS DHR`USE DNLY DATE LISTED ON NATIONAL REGISTER DATE KEEPER DETERMINATIDN OF ELIGIBILITY r DATE - 'YES' NO SHPO EVALUATION OF ELIGIBILITY'- DATE YES NO LOCAL DETERMINATION OF ELIGIBILITY DATE YES' NO LOCAL OFFICE ~ r ~ Research Methods Sanborn maps, Plat maps, Local & County Historical Societies Bibliographic References Location: City of Delray Beach; 100 NW 1st Avenue Location of Negatives City of Delray Beach; 100 NW 1st Avenue Negative Numbers 9874-24;21;W .~~ "~ '~~ C,~,-t~ -3 .f ~ - R - t ~ -- F j~,4~- ~'.~' ,: Recorder Name Amy Groover, Jo-Anne Peck, Susan Hochberg Recorder Affiliation JANUS RESEARCH, 2935 First Avenue North, St. Petersburg, Florida 33713 Telephone 727-821-7600 REQUIRED: 1. USGS 75' MAP WITH STRUCTURES PINPOINTED IN_RED 2. LARGE'SCALE.STREET OR PLAT MAP 3. PHOTO OF MAIN FACADE,' PREFERABLY B&W, AT_LEAST 3x5 Printed Friday, July 09, ]999 _1 ~~+c~G ~.= - .ly ._ .e~~ _' ~~ %•~ ~- ~ I _,:, ~. _ . ~~ ,' . J I ~ ,'T_ ~, ~ F B D N ~ ~ " ~ °° W'~~' r _ ~ _ ~ USGS Delray Beach, Fla. Quadrangle '-~( ~ * ` Pine Ridge i ~• ii ~i ~':.~"'s~ x $F O3 ~ sE~~ ; i ~i ~ I~1 1 ' ' ~ ;~- __ Cem 1' • ~~, ~• , ~~, p ~ • Lrt le ea ue P ~ 4 7.5 Minute Series (Topographic) _- • III i !_ ~~ _`5_ ~(~ ;: JI; ' ~~ ~~ ~-li • ~ ~~1° f Nr 1962, Photo re~~ised 1969 and 1973 _ ,' ' (~.. , ,_ ~::.:.~, ~~`-~~ ~ ~~ t`' 4~: Scale 1:24 000 ... _ r _ racy ' ^*a~n=M54r~ ar _;-. "t_° .c Yom' 1 n--~. J+ ,~ -~T~~-~' x _ ;~- 3 x=5 PHOTC~R~PH ~; k _~ '~ ~ ~ ~ ~ h~ ~ ~u. SKE=T ,~ L a-• W " V , r~..^~ V J 01 N ^ I N A Mar 21 2007 10:09RM HP LRSERJET FRX ~:~~ ti ,~ `-J ~~:.~ >~ ~: T,-Z. FLORIDA DEPARTMENT OF STATE Kurt S. Browning Secretary of State DIVISION OF HISTORICAL RESOURCES March 21, 2007 Ms. Amy E. Alvarez Historic Preservation Planner City of Delray Beach 100 NW First Avenue Delray Beach, Florida 33444 p.2 RE: Proposed New Construction, 238 SE 7t1' Avenue, Marina Historic District, Delray Beach, Palm Beach County Dear Ms. Alvarez: In accordance with your March 9, 2007 a-mail request, we have reviewed the Historic Preservation Board Staff Report (HPl3 Meeting Date: March 7, 2007, COA: 2007-098) for the proposed construcrion of a two-story accessory structure in front of the existing historic structure at 238 SE 7~' Avenue. It is our understanding that the two-story addition at the northeast corner of the historic structure was constructed in the late 1990s for which a historic preservation tax exemption was granted in 2000. While we question the compliance of the 1990s addition with the Secretary of the Interior's Standards for Rehabilitation (Standards), as the exemption for the addition is in place, we will not comment further on that issue. Based on the narrative in the Staff Report, it is our understanding that the proposed accessory structure (garage at first floor and guest suite above) will be located between the historic building and the street. Regardless of the design of the new structure, this alteration of the relationship between the historic residence and the street would be inconsistent with the Standards and would have an adverse effect an the historic integrity of the property. As suggested in the Staff Report, any such accessory structure should be constructed behind the historic structure. Based on the information provided in your a-mail, it appears that the proposed accessory structure will not be eligible for the historic preservation tax exemption, and, because of the adverse effect of new construction in the proposed location, would violate the provisions of the Historic Preservation Property 540 S. Sronoagh Street Tallahassee, FG 32399-0250 httn://vvww.flheritaee.corn O Director's Office O Archaeological Research ®Hiatoric ['reservation O Historical Museums (850) 245-6300 • FAX: 245-b435 (85D) 245b444 • FAX: 245-6452 (850) 245~a333 • FAX: 245-6437 (650) 245-6400 • FAX: 245-6433 Q Southeast Regional Office O Northeast RegioaaI Office O Central Florida Regional Office (561) 416.2115 • FAX: 41b-2149 (904) 825-5045 • FAX: 825-5044 (813) 2T2-3843 • FAX: 272-2340 Mar 21 2007 10:09RM HP LRSERJET FRX p.3 Ms. Arny E. Alvarez Mazch 21, 20{)7 Page Two Tax Exemption Covenant executed as a condition of receipt of the existing exemption, thereby jeopardizing the current exemption. Such violations typically require repayment of the exempted tax with interest. Should you have any questions regarding these comments, please contact me at (850} 245-6363. Sincerel ~, Da ' o, R.A., Supervisor Architectural Preservation Services Section Bureau of Historic Preservation MEMORANDUM TO: MAYOR AND CI OMMI 10 S FROM: AM . ALV,~ I V TI CANNER THROUGH: PA L DORLING, AIC DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: APRIL 12, 2007 SUBJECT: AGENDA ITEM # ~.~~ -MEETING OF APRIL 17.2007 APPEAL OF THE HISTORIC PRESERVATION BOARD'S APPROVAL OF NEW CONSTRUCTION AT 706 SE 2" STREET LOCATED IN THE MARINA HISTORIC DISTRICT. ITEM BEFORE COMMISSION The action requested of the City Commission is consideration of an appeal of the Historic Preservation Board's (HPB) decision made on March 21, 2007. The HPB approved the Certificate of Appropriateness (COA) for the new construction of asingle-family residence located at 706 SE 2nd Street based on findings that the request was consistent with the Comprehensive Plan and met the criteria set forth in LDR Sections 4.5.1(E)(4), (E)(7), and (E)(8)(a-k), the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. The appellant has requested that this item be deferred until the May 1, 2007 Regular Commission Meeting in order for the full Commission to be present for this item. BACKGROUND At the March 21, 2007 Historic Preservation Board (HPB) meeting, a Certificate of Appropriateness (COA) for the construction of a new, 11,709 total square foot (8,129 under a/c) two-story, single- family residence located at 706 SE 2"d Street was approved with conditions. Staff noted that the development was not consistent with the established structures within the 200 block of SE 7'h Avenue nor the historic structures within the district. Staff made a recommendation to continue the COA request with direction, as opposed to denial, as this was the Board's first review of the subject application. Given the scale and mass of the structure, staff was unable to make positive findings with respect to the LDRs, the Delray Beach Historic Preservation Design Guidelines, .and the Secretary of the Interior's Standards for Rehabilitation. A complete analysis of the proposal is found in the attached Historic Preservation Board Staff Report of March 21, 2007. REVIEW BY OTHERS The Board followed the established quasi-judicial procedures in considering the project. The applicant offered testimony in support of the development proposal. The Board took testimony from members of the public who spoke both for and against the project. Additionally, the property previously contained a contributing, 2,163 total square foot, one-story structure which was approved for demolition in 2005. As part of that demolition request, the Staff Report conditioned City Commission Documentation, Meeting of April 17, 2007 Appeal of HPB Action - 706 SE 2"d Street the future development with the following language, "that the design of the new dwelling will be required to meet sfricf historic preservation design guidelines to ensure compatibilify with design and massing in relation to fhe surrounding area...Demolition of the dwelling will not have an adverse effect on the Marina Historic District as it cannot be seen from the public right-of--way. However, it can be seen from the Intracoastal Waterway and, as such, any new structure will have to be compatible with the other waterfront properties in the district." APPEAL On April 4, 2007, Claudia Willis of 160 Marine Way and Cheryl Jones of 131 SE 7th Street submitted an appeal of the Historic Preservation Board's action of the subject property. The basis of the appeal is that the actions taken by the Historic Preservation Board are inconsistent with the LDRs, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. The relief being sought is that the approval of the COA be reversed and the development request be denied. RECOMMENDATION Approve the appeal, thereby reversing the Historic Preservation Board's approval. Attachments: ^ Historic Preservation Board Memorandum Staff Report of March 21, 2007 ^ April 4, 2007 Appeal Letter from Claudia Willis and Cheryl Jones 2 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This appeal of the approval of a Certificate of Appropriateness for the new construction of a single family residence located at 706 SE 2"~ Street has come before the City Commission on April 17, 2007. 2. The Appellants, Appellee and City staff presented documentary evidence and testimony to the City Commission pertaining to the appeal of the approval of a Certificate of Appropriateness for the new construction of a single family residence located at 706 SE 2"d Street All of the evidence is part of the record in this case. Required findings are made in accordance with Subsections I, II and III. I. LDR REQUIREMENTS a. LDR Section 4.5.1(E)(4), 4.5.1(E){7) and 4.5.1(E)(8)(a-k), "Development Standards" provides guidelines in evaluating Certificates of Appropriateness for the alteration or addition of exterior architectural features Are these guidelines met? Yes No Have the overall objectives of the LDR's been met? Yes No II. DELRAY BEACH HISTORIC PRESERVATION DESIGN GUIDELINES: The Delray Beach Historic Preservation Design Guidelines suggest the following which apply with respect to the subject application: • The relationship of new construction adjacent to significant historic resources can either enhance or detract from the historic setting of the district. It does not appear that the structure, as proposed, would enhance the historic district within which it is located. • All new construction should complement the historic architecture of the district. While the style may be appropriate, the large mass, scale, and volume is not complementary. • The character of the massing should be compatible with the surrounding buildings. The mass of the proposed structure clearly outweighs that of the surrounding buildings, inclusive of the adjacent two-story structures located immediately to the north and south. Have the overall objectives of the Delray Beach Historic Preservation Design Guidelines been met? Yes No III. THE SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION: The Secretary of the Interior's Standards for Rehabilitation recommend: New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. (Standard 9) Have the overall objectives of the Secretary of the Interior's Standards for Rehabilitation been met? Yes No 3. The City Commission has applied the LDR requirements in existence at the time the original site plan was submitted. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the appeal and hereby adopts this Order this day of April 17, 2007, by a vote of in favor and opposed. ATTEST: Rita Ellis, Mayor Chevelle Nubin City Clerk 2 nEEp~r eEACry aE 'I~~',I ,~,v, o~„ HISTORIC PRESERVATION BOARD MEMORANDUM STAFF REPORT UEEBAY BEACH 'Il~fr~ ,yv; r~~, Property Owner: Dana Parham Authorized Agent: Mark Krall Applicant: Francisco Perez, Project Architect Property Address: 706 SE 2"d Street, Marina Historic District HPB Meeting Date: March 21, 2007 COA: 2007-070 ITEM BEFORE THE BOARD The item before the Board is the consideration of a Certificate of Appropriateness (COA 2007- 070) associated with the new construction of asingle-family dwelling located at 706 SE 2nd Street, Marina Historic District pursuant to Land Development Regulations (LDR) Section 2.4.6(H). BACKGROUND The subject property consists of Lot E less the east 148.3 feet of the north 145.6 feet, The Moorings, Delray Beach, and is zoned R-1-AA. The Moorings is a 1943 resubdivision of the Blank-Nichols Subdivision (circa 1925, within Block 127). The Moorings subdivision reconfigured twelve (12) fifty foot (50') wide lots into five (5) larger lots. Lot E was later redivided into two (2) lots, creating the subject "flag lot" which has access from SE 2~d Street. The subject property is bound by five different properties as well as the Intracoastal Waterway. Access to SE 7th Avenue is not available to this lot. A 2,163 square foot contributing, one-story, Cottage style single-family dwelling previously existed on the lot. At its meeting of August 17, 2005, the Board approved a COA request to demolish the aforementioned structure. At the time of review and based on available records, there was some confusion as to when the structure was built; a 1986 survey suggested that it was originally constructed in 1936, while the Property Appraisers website suggested 1956, and the building record card suggested 1936, 1951 and 1971. The building was demolished in October 2005. Upon review of the demolition application by the Board in 2005, one of the criteria the Board took into consideration was whether there were definite plans for the immediate reuse of the property. The owner at that time stated that, while not submitted for review, immediate plans were being made for the reuse of the property, with the construction of a new dwelling. The Staff Report that the Board reviewed at that time stated the following: It should be noted...that the design of the new dwelling wil! be required to meet strict historic preservation design guidelines to ensure compatibility with design and massing in relation to the surrounding area...Demolition of the dwelling will not have an adverse effect on the Marina Historic District as it cannot be seen from the public right-of--way. However, it can be seen from the Intracoastal Waterway and, as such, any new structure will have to be compatible with the other waten`ront properties in the district. ~i~Fs tea!rF .: ~ 2 t ~, ~r~e 2 oi~ .r There are no other Board actions on record. The current application requests consideration to approve the new construction of a single- family dwelling. It is important to point out that the applicant met with Staff prior to application submittal. The applicant inquired about the review criteria and its applicability to the subject property. As previously noted, the subject property is a "flag lot" and is not directly located on a street within the Marina Historic District. Staff's reply to that inquiry was that it was unknown how the elevations would be reviewed and noted that the proposal was rather large. Upon application submittal and further consideration, it was clear that the required review criteria was applicable, athough it might be applied in a different manner as special circumstances exist. There are no other "flag lots" within any of the city's five (5) historic districts. A follow-up meeting between Staff and the consultants occurred with much of the discussion focused on compatibility. Therefore, as a way of looking at volume in an objective manner, Staff relayed that the proposed Floor Area Ratio (FAR) and the average FAR of the immediately adjacent properties also abutting the Intracoastal Waterway significantly differed. Details of the analysis are provided below. While the consultants argued against the FAR analysis and its use, Staff suggested that additional or different data be submitted to prove the case for compatibility. That information was not submitted. PROJECT DESCRIPTION ~ The subject property contains approximately .5162 acres or 22,487 square feet, and is vacant. It is bordered by five other lots within the Marina Historic District, which face either SE 7tn Avenue or SE 2"d Street. Two of those properties, along with the subject property, are also bordered by the Intracoastal Waterway: 200 Marine Way, located directly to the north, and 219 SE 7m Avenue, located directly to the south. The proposed, two-story, single-family dwelling contains the following: • 8,129 square feet under-air, and 11,709 total square feet; • a one-story, three-car garage and two-story, two-car garage with guest suite above; • a 29% lot coverage and 52% Floor Area Ratio (FAR); • complete landscape plan with associated landscaping information, and; • swimming pool and spa. The access for the subject property is taken from SE 2"d Street, where a metal gate is located between the properties at 200 Marine Way (identified as "remainder of Lot E on Site Plan) and 203 SE 7tn Avenue. A brick paver drive leads to the principal portion of the property, which, as previously noted, is surrounded by a total of five different properties as well as the Intracoastal Waterway. The front of the property is considered the west, while the east, which is located on the aforementioned waterway, is the rear of the property. The proposed structure, whose height extends to thirty-four feet (34') at its highest peak, will contain approximately 6,645 total square feet on the first floor and approximately 5,062.5 total square feet on the second floor. A mix of one and two story components make up the structure. The west elevation, also considered the front of the structure, contains two separate garages, which face inward into a brick pavered motor court. While both garages contain multiple spaces, there are five individual doors for each of the five spaces. A combination of window types and styles may be found throughout: arched, casement, fixed, picture, sidelight and transom. All windows are proposed to be aluminum-clad wood. The picture windows, many of which are flanked by casement style sidelights, are primarily located on the east elevation (rear), to take advantage of the water views. ~9nr cry ~,,~.~ h'1V(; (l l: ~' C,C~n '°' -F;''3 w{ . Exterior finishes include smooth stucco walls, barrel the roof, wood soffit and fascia, and decorative tiles. The color scheme is a cream body with an olive finish for the windows. ANALYSIS (Note -All LDRs and recommendations referred to from the Delray Beach Historic Preservation Design Guidelines have been cited as they presently exist. All structures or properties referred to as contributing are classified as such on the circa 1988 Marina Historic District Map) COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. LDR Section 4.3.4(K1 Development Standards Matrix: The applicable development standards for the R-1-AA zone district that relate to the proposal are as follows: Building Height Maximum Setbacks Front*" Side Interior (North) South Rear Open Space Minimum Allowed/Required Provided 35' 34'* 30' 10' 10' 10' 30' 10' 14'9"' 10' 25% `Measured from ground level to highest peak. ""Front of property taken from west property line. Pursuant to LDR Section 2.4.6(H)(5), the Board must make Appropriateness which is to be approved is consistent wit pursuant to Objective A-4 of the Future Land Use Element specifically with the provisions of LDR Section 4.5.1. 47% a finding that any Certificate of h Historic Preservation purposes of the Comprehensive Plan and Future Land Use Element Objective A-4: The redevelopment of land and buildings shall provide for the preservation of historic resources. The objective shall be met through continued adherence to the City's Hisforic Preservation Ordinance and the following policies: Policv A-4.1: Prior to approval or recommending approval of any land use or development application for property located within a historic district or designated as a historic site, the Historic Preservation Board must make a finding that the requested action is consistent with the provisions of Section 4.5.9 of the Land Development Regulations relating to historic sites and districts and the "Delray Beach Historic Preservation Design Guidelines" LDR Section 4.5.1(E)(4), 4.5.1(E)(7) and 4.5.1(E)(8)(a-k), "Development Standards" provides guidelines in evaluating Certificates of Appropriateness for the alteration or addition of exterior architectural features. The guidelines are as follows: (E)(4) A historic site, or building, structure, site improvement, or appurtenance within a historic district shall be altered, restored, preserved, repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of Interior's Standards for Rehabilitation, as amended from time to time. See applicable Standards noted below. F'a~~ 4 ~f (E)(7) The construction of new buildings or structures within a designated historic district shall meet the same compatibility standards as any material change in the exterior appearance of an existing non-contributing building. Any material change in the exterior appearance of any existing non-contributing building, structure, or appurtenance in a designated historic district shall be generally compatible with the form, proportion, mass, configuration, building material, texture, color, and location of historic buildings, structures, or sites adjoining or reasonably approximate to the non-contributing building, structure, or site. The proposed structure, as noted above, requires general compatibility with the historic buildings adjoining or reasonably approximate to the proposed (non- contributing) structure. According to the original designation map of the Marina Historic District circa 1988, the subject property is abutted by two contributing structures (209 and 219 SE 7th Avenue) while five others are within close proximity (160 Marine Way, 200, 214, 222, 228 SE 7th Avenue). With respect to the more impacting requirements such as proportion and mass, the proposed structure is not found to be generally compatible. Further analysis is provided below. (E)(8) All improvements to buildings, structures, and appurtenances shall be visually compatible. Visual compatibility shall be determined in terms of height, front facade proportion, proportion of openings (windows and doors), rhythm of solids to voids on front facades, rhythm of buildings on streets, rhythm of entrance and/or porch projections, relationship of materials, texture and color, roof shapes, walls of continuity, scale of building, directional expression of front elevation. The following components of the aforementioned review criteria require further consideration and revisions: (a) Height: The height of proposed buildings or modifications shall be visually compatible in comparison or relation to the height of existing structures and buildings. The height of the subject application is within the maximum allowed height of thirty-five feet (35'). However, when looking at the surrounding structures (both contributing and non- contributing) within the 200 block of SE 7th Avenue of the Marina Historic District, the proposed dwelling contains a larger and more massive appearance. The surrounding properties do contain second-stories. However, their scale and massing do not call attention to their additional heights. It should be noted that, while the proposed application incorporates one-story elements, it also contains approximately forty-three percent (43%) of the total square footage on the second floor. (b) Front Facade Proportion: The front facade of each building or structure shall be visually compatible with and in direct relationship to the width of the building and fo the height of the front elevation of other adjacent or adjoining buildings within a historic district. The front elevation in this case is the west elevation. While the west elevation contains a more massive appearance than those of the surrounding properties, it may not be highly visible from the public right of way, such as SE 7th Avenue and SE 2"d Street. Regardless, an attempt should be made to provide a more prominent front entry and possibly detach the accessory structures. Further, the east elevation, which is situated on the Intracoastal Waterway, is clearly not visually compatible with respect the proposed width and height in relation to the other adjacent or surrounding buildings. Staff has conducted field visits to the surrounding area in addition to reviewing property data, and upon review of the existing conditions in comparison with the proposed structure, visual compatibility cannot be found. (f) Rhythm of Entrance and/or Porch Proiections: The relationship of entrances and porch projections to the sidewalks of a building shall be visually compatible with the prevalent architectural styles of entrances and porch projections on historic sites, buildings, and 706 4 <> "` f,~:•~n€~r~ C;C~~ ~~_ ~ ~;-_n~rf HP~3 (v1~-, .. , ' N12rv~ 2 ` ~'~t~~ ~~ of i structures within a historic district. While there are no sidewalks with a direct relation to the subject application, a general review of the entrance and porch projections is being made. The main entrance is significantly setback from the foremost wall plane, which is connected to the structure. This is not typical or appropriate to this style of architecture or for the historic structures. The main entry should be further emphasized, placing more prominence on its location. (j) Scale of a Building: The size of a building, the building mass in relation to open spaces, windows, door openings, balconies, and porches shall be visually compatible with the building size and building mass of historic sites, buildings, and structures within a historic district. When solely reviewing the proposed elevations and the attempt at visual compatibility with the surrounding properties, there is a clear difference between the two. The overall appearance of the subject application proposes a structure containing a vastly larger scale, mass, and volume. When compared to the historic structures, as the above noted review criteria states, there is an even clearer distinction. However, the table below takes the data of all other structures located within the same block of the subject property and compares the existing conditions with the proposed structure. When attempting to objectively relate structures with one another and take into consideration their lot size compared with the structures size, a Floor Area Ratio (FAR) may be established. The average FAR in the sample area noted below is 18.1 %. The FAR of the proposed structure is 52%, a 287% increase. Address Year Built Number of Stories Lot Size Square Footage FAR 200 Marine Wa 1929 2 20,855 3,319 16% 706 SE 2" Street* --- 2 22,487 11,709 52% 203 SE 7 Avenue 1954 1 10,032 2,031 20% 209 SE 7 Avenue 1950 1 9,497 1,212 12.8% 213 SE 7 Avenue 1951 1 8,409 1,571 18.7% 219 SE 7 Avenue 1935 2** 32,418.8 5,656 17.4% 229 SE 7 Avenue 1991 1 27,386 3,067 11.2% 237 SE 7 Avenue 1989 1 21,399 4,074 19% 711 SE 3 Street 1989 1 12,632.4 3,820 30% "Subject property *"Principal Structure contains 2 stories, accessory structure contains 1 story. The Secretary of fhe Interior Sfandards for Rehabilitation recommends that: New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. (Standard #9) The overall volume of the proposed structure is not in keeping with the above noted Standard. While clearly differentiated from the old, the historic integrity of the Marina Historic District is not protected. The visibility from SE 7th Avenue and SE 2"d Street may be minimal; however, the property is highly visible from the Intracoastal Waterway and the land to the east. In addition, the abutting properties will be highly impacted, as the mass of the proposed structure will tower over them. One could speculate that a structure of this size has the possibility of creating a "domino affect" of larger development within the 200 block of SE 7th Avenue, as has happened in the 300 block of SE 7th Avenue, creating a difficult situation for the smaller scaled properties on the west side of the street, and compromising the integrity of the historic district, as a whole. F~~` ~` Z„;~~ ~~~ W' ',:_ G'~ r' The Delray Beach Historic Preservation Design Guidelines recommend the following with respect to new construction: The relationship of new construction adjacent to significant historic resources can either enhance or detract from the historic setting of the district. It does not appear that the structure, as proposed, would enhance the historic district within which it is located. All new construction should compliment the historic architecture of the district. While the style may be appropriate, the large mass, scale, and volume is not complimentary. The character of the massing should be compatible with the surrounding buildings. The mass of the proposed structure clearly outweighs that of the surrounding buildings, inclusive of the adjacent two-story structures located immediately to the north and south. ASSESSMENT & CONCLUSION The City has recently conducted a comprehensive review of the LDRs as they pertain to the review of new development within the city's five (5) historic districts. The comprehensive review was a direct result of large-scaled development proposals that were inappropriate, out of scale, and not visually compatible to their respective historic districts. The subject proposal contains those same elements that forced the city into asix-month moratorium, and as such, requires a great deal of revision. Visual compatibility is the main determinant in the review criteria required by the Board for the properties within the districts, and it has clearly not been achieved. In the Staff Report for the demolition, the Staff assured the Board, as well as the public, that "the design of the new dwelling will be required to meet strict historic preservation design guidelines to ensure compatibility with design and massing in relation to the surrounding area'; and "any new structure will have to be compatible with the other waterfront properties in the district." With that, it was demonstrated in the FAR table that compatibility with the waterfront properties was not a factor in the subject proposal. While one may argue that the waterfront properties within the 300 block are compatible with the subject proposal, those properties are neither in close proximity nor are they examples of compatible development within the historic district. Existing out of scale development does not allow for certain design liberties to take place for new development, nor is it relevant to the visual compatibility requirements of the LDRs and guidelines. It must be noted that while the LDRs do not require that applications maintain an FAR consistent or compatible with that of the surrounding areas, it is suggested that this would be an appropriate starting point at providing a more compatible development within the Marina Historic District. A reduction in the second story is clearly necessary. Additionally, one-story elements with setback second story walls should be implemented to break up the mass on the east elevation; the views would remain, while the impact would be reduced. There is a wonderful rhythm that the properties within the Marina Historic District create along the Intracoastal Waterway, and the application, as proposed, would permanently interrupt that rhythm. The application should not be approved as submitted. While it does not meet any of the required review criteria for visual compatibility, it could, essentially, be denied. However, in addition to an overall revision, Staff recommends that the application is continued with direction. The main points noted throughout the report are not new to the applicant, authorized agent, or developer, as they met with Staff during a preliminary meeting regarding the overall development. However, Staff received notification that the application would move forward for review by the Board as originally submitted. Therefore, based upon the analysis above and contained throughout the Staff Report, positive findings cannot be made with respect to LDR Sections 4.5.1(E)(4), (E)(7) and 4.5.1 (E){8)(a-k}, F , the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. ALTERNATIVE ACTIONS A. Continue with direction. B. Approve the Certificate of Appropriateness for 706 SE 2"d Street, Marina Historic District, based on positive findings with respect to LDR Sections 4.5.1(E)(4), (E)(7) and 4.5.1(E)(8)(a-k), the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. C. Deny the Certificate of Appropriateness for 706 SE 2"d Street, Marina Historic District, based upon a failure to make positive findings with respect to LDR Sections 4.5.1(E)(4), (E)(7) and 4.5.1(E)(8)(a-k), the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. RECOMMENDATION Continue the Certificate of Appropriateness for 706 SE 2"d Street, Marina Historic District, based upon a failure to make positive findings with respect to LDR Sections 4.5.1(E)(4), (E)(7) and 4.5.1(E)(8)(a-k), the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation with the following direction: 1. That the property survey is revised to show the distance to the centerline and crown of road; 2. That the types of windows and their finish are noted within the window schedule; 3. That the overall scale and mass are reduced to provide a more visually compatible development; 4. That the east elevation is broken up to provide one-story masses while setting back the second story; 5. That the east elevation is broken up to provide a less massive appearance with one and two story elements; 6. That the entry is revised to be more prominent; 7. That consideration is given to separate the garage/guest cottage to provide an accessory structure; 8. That the windows contain multi-light configuration, rather than single panes of glass; 9. That the picture windows are divided and contain muntins; 10. That the parapets contain coping; 11. That windows appropriate to the style are used with more decorative elements; 12. That all wall-mounted lighting specifications are submitted; Report Prepared by: Amy E. Alvarez, Historic Preservation Planner Attachments: • Location Map • Survey • Proposed Site Plan, Elevations, Floor Plans, and Landscape Plans • Phofos of property and surrounding properties from across Intracoastal Avenue Waterway and SE ~n S.E. A V E N U E Q ~ ° W MIRAMAR ~ I I I A T L A N T I C w w > > Q Q 1ST x v 2ND N ~ z Z O m m ~ ~ C! Q O O Z Z ~ /~ Q ~/ ~ W Z W Q ~ S.E. qn.{ ST. Q U ID ~ ~ ~ 0 o F- BUCIDA RD. Z J ~ W ID ~ _ Z Q ID ~ ~ 1 S.E. RD. w O O ~~ L N 706 SE 2ND STREET -~ - 12-43-46-16-12-000-0051 - CITY OF DELRAY BEACH, FL ® SUBJECT PROPERTY LOCATION MAP PLANNING do ZONING DEPARTMENT -- 0/GITAL BAS£ MAP SYSTEM -- MAP REF: LM986 Sheel 2 of 2 (sketch of Survey) See Sheet t of 2 for Legal De' ~, Certifications, Property and other Survey rdaled Bala. SURVEY IS NOT COMPLETE WI BOTH SHEETS, SE 2nd STREET SET ~R sra• SCALE: I'=40' - - 93°45'00"(P) ~`' ~. \~~~ . 0.6' m r` o ~ m N I,0' ~~ ~~ O' O 9ET IR518" ~ _ 5 ~d d IR \~. 13.00'(P4M) Adverse Conditions • Please note the following: - BM =19.21' REMAINDER OF l07 E !NO7 INCLUDED) -.+.ccrraMJ \~. L07 p ,~ 0 m ~ W °po ~ J z } ~ ~ 3 O r ~ z 1Q J I Q '` ~ 3 0 1 Q U z Landlech Surveying oAers services Throughout Ure Stale of Fbrida. Please refer to our web sfle at Invoice Number : Dt X6165 www.LandlechSurvey.cemfor up bdate information about our locations and coverage area. 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F _6 !8~ 1• SZ_ ^~~ ^W• W L ~--+ C N W Cn C~ O ti ~^~• ^W• W L ~~ •~ M 0 N ^~~ ^W W L -~--+ ~--+ W O N 1~ ~ N_ N ~ \ ~ r o O r O ~ ~ 0 0 ~ = d LL _ ~ N L V~ N ~ ~ ~ m > L O ~ ~ V N J ~ to G J ~ .+ O H ^~~ ^A W L ~~ ~~ M N a~ c a~ Q L_ W ~c C L u. L i ~~ N W ~ ~, N M W ~ ~ ~ r W ~ V/ ~ D y ~ ~ ~ d N O a d N o J ~ LL ~ ~ N aL p1 i ~ C v C m ` ~ ~ ~ J O N ^~~ ^W• W L ~~ a--+ V, N N M ti O \ ~ \ ~ ~ ~ N r ~ ~ ~ ~ ~ ~ N d O?~ Q ~ ~ d m J ~~ L LL J O d L (,~ } ^~~ ^W' W L ~--+ W M N N ~ \° \° ~ ~ M M N M ~ ~ ~.. 0 m ~ r+ N ~ ~ G1 ~ ~ ~3 f!1 N N D Q J~ m ~ ~ LL > ~ J ~ O ~ C V m ~ H ~~ ^W, W ~~ L M W ti W n~ \W ~--+ ~~ O U O m O O M April 4, 2007 Ms. Chevelle Nubin City Clerk City of Delray Beach 100 NW 1st Avenue Delray Beach, Florida cc: Susan Ruby, City Attorney David Harden, City Manager Paul Dorling, Planning 8~ Zoning Director `H`~~~ c~N c~mc Re: Appeal of the Historic Preservation Decision of COA 2007-070 Subject Property: 706 SE 2nd Street, Marina Historic District Dear Ms. Nubin: This is a notice of appeal for action taken by the Historic Preservation Board on March 21, 2007, to approve the Cert~cate of Appropriateness (~OA~007-070) for new construction of a single family residence on property located at 706 S ire t in the Marina Historic District. The Historic Preservation Board's decision was inconsistent with the provisions set forth in the Land Development Regulations for the City of Delray Beach, the Delray Beach Historic Preservation Design Guidelines and the Secretary of the Interior Standards for Rehabilitation. We are deeply concerned about the Historic Preservation Board's repeated approvals of these large-scale construction projects that do not comply with local ordinances and historic district guidelines. New construction that is not consistent or compatible with the designated historic district not only jeopardizes the historic integrity and character of the district, but has a direct impact on the surrounding historic neighborhood in which we reside (160 Marine Way and 131 S.E. Seventh Street). We are asking that the approval of Certficate of Appropriateness 2007-070 be reversed and that the application be subsequently denied by the Delray Beach City Commission. The owner of the subject property should be allowed to resubmit a new application with an appropriate design that is consistent, compatible and in compliance with the Land Development Regulations, Delray Beach Historic Preservation Design Guidelines and the Secretary of the Interior Standards for Rehabilitation. We are requesting that we be allowed to present our case to the City Commission at an upcoming meeting. Respectfully, ~ ~~~ ~`` ~~ /1~ laudia Willis Cheryl Jones 160 Marine Way 131 S.E. Seventh Street Defray Beach, FL Delray Beach, FL MEMORANDUM To: Mayor and City Commissioners From: Lula Butler, Director Community Improvement Through: David Harden, City Manager Subject: Agenda Item # -Regular Meeting of Apri117, 2007 Request for a Waiver to the Sign Code Section 4.6.7(.n (1) (a) & (2) -Pineapple Grove Arts District Item Before the Commission: City Commission consideration of a waiver to Section 4.6.7(J)(1)(a) of the Land Development Regulations (LDR's) prohibiting the use of banners as signs; and Section 4.6.7(J)(2) prohibiting off-premise signs, pursuant to the request by the agent for the Pineapple Grove Arts District. Background• Pineapple Grove Arts District is requesting a temporary exemption to the sign code to allow the placement of two (2) banners along the perimeter fence of two existing construction sites located within the District. The Board believes it has a unique hardship related to large construction projects blocking the visibility of the shopping/dinning area access points of NE 4th Street and NE lst Street. The banners are proposed to be erected at the corner of NE 2nd Avenue and 1st Street, and NE 2nd Avenue and 4th Street; they are 3' x 10'and read "Pineapple Grove Arts District Shops," displayed in purple copy on a yellow background. A copy of the letter from Gene Fisher, Board President, requesting the waiver and explaining the hardship is attached for your reference. Section 2.4.7(B) of the LDR's allows the City Commission to grant waivers to these provisions of the Sign Code based on specified findings. Funding Source: None required Recommendation: Staff is recommending City Commission consideration of the request to waive Sections 4.6.7(J) (1) (a) and (J) (2) pursuant to positive findings specified under Section 2.4.7(B) (5) of the LDR's. Staff is also recommending that if the waiver is granted, City Commission grant a temporary time period not to exceed 12 months from the date of approval and that if the banners are required to be removed by the property owner, the Pineapple Grove Arts District Board must get City Commission approval to relocate the banner(s). ok D?!~ qC IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR PINEAPPLE GROVE ARTS DISTRICT ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. These waiver requests have come before the City Commission on April 17, 2007. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request by the Pineapple Grove Arts District. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER: LDR Section 4.6.7(J)(1)(a) provides that banners are prohibited and LDR Section 4.6.7(J)(2) prohibits off premise signs. The Applicant has requested a waiver to these sections to allow the temporary placement of 2 banners along the perimeter fence of two existing construction sites. 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. Does the waiver requests meet all the requirements of 2.4.7(B)(5)? "Yes No *subject to a 12 month time period from the date of approval; and the applicant must seek City approval prior to relocating the banners. 3. The City Commission has applied the Comprehensive Plan and .LDR requirements in existence at the time the application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 1 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 Sections 4.6.7(J)(1)(a) and 4.6.7(J)(2). 6. Based on the entire record before it, the City Commission hereby adopts this Order this 17th day of April, 2007, by a vote of in favor and opposed. ATTEST: Rita Ellis, Mayor Chevelle Nubin, City Clerk 2 April 2, 2007 City Commission 100 NW 1st. Ave Delray Beach, FL Re: Permission to attach banners to existing construction fencing in Pineapple Grove Arts District. Deaz Commission Members; We would like to request that a temporary exemption be made to the existing code allowing Pineapple Grove Arts District to attach banners to the exiting construction sites at the following locations: 1. Corner or NE 2nd Avenue and NE 1st Street. This property is owned by Mr. Louis Carbone 561-272-0282. He has given us permission to attach the banner to his fencing at this location. 2. Cannery Row Project: A banner will be located on the corner of NE 2"d Avenue and NE 4a' Street. The owner of this project is Mr. Cary Glickstein 561-279-8952. He has given us permission to attach a banner to his fencing at this location. These two banners state "Pineapple Grove Arts District Shops". The banners aze 3'x10'. These banners aze necessary due to the construction bounded on the entrances into the Grove on Atlantic Avenue and NE 4t'' Street. The shopping/duung azea in the Grove is not visible from these entrances; and thus, there is a need for some type of visual directional device to bring visitors to the Grove. This temporary construction exception has been discussed thoroughly with staff prior to the City rewriting the new signage code. The City at that time agreed we had a hardship, but felt it should be dealt with on a case by case basis. Our merchants aze in desperate need of some help and we have come up with a temporary visible method of directing business their way. We askor your approval for this temporary exception to the present code and your enders ding of the need for these banners during the construction period. See attached map and photos. Boazd President P.G.M.S. F2FCEIVED j A('R 4 2007 i 3Y: TRINITY L U TNERAN L A K N.W. N.W. 2ND ST. MARTIN z TENNIS STADIUM E I D A R O A D CASON METHODIST CHURCH w cI TY ATTORNEY BUILDING LUTHER o z N ZI CITY HALL COMMUNITY CENTER ~ ~~. ~~~~ Q N.E. F 5TH ST. ~° w z N.E.~~~^4TH ST. #1 CANNERY W ROW UNDER CONSTRUCTION LLj Z > > > a a W a ST. N.E. 3R i KING JR. DR. N.E. 2 Z O I Z N.W. 1ST ST. N.E. ~ 1 OLD SCHOOL SQUARE A T L A N T I C COURTNOU ST. A V E N U E E. 0 M W 1 a ~ Q Ci I w x r N ~- PINEAPPLE GROVE ARTS DISTRICT SIGN WAIVER CITY OF DELRAY BEACH, FL BANNER LOCATIONS IN THE PINEAPPLE GROVE MAIN STREET DISTRICT PLANNING & 20NING DEPARTMENT -- 0/C/TAL BASE MAP SYSTEM -- MAP REF: LMA207 . (•~ Agenda Item No.. AGENDA REQUEST Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda Consent Agenda ORDINANCE/RESOLUTION REQUIRED: YES/NO Draft attached: YES/NO ITEM BEFORE THE COMMISSION: Date: April 12, 2007 When: April 17, 2007 City Commission consideration of a waiver to Section 4.6.7(J)(1)(a) of the Land Development Regulations (LDR's) prohibiting the use of banners as signs; and Section 4.6.7(J)(2) prohibiting off-premise signs, pursuant to the request by the agent for the Pineapple Grove Arts District. RECOMMENDATION Staff is recommending City Commission consideration of the request to waive Sections 4.6.7(J) (1) (a) and (J) (2) pursuant to positive findings specified under Section 2.4.7(B) (5) of the LDR's. Staff is also recommending that if the waiver is granted, City Commission grant a temporary time period not to exceed 12 months from the date of approval and that if the banners are required to be removed by the property owner, the Pineapple Grove Arts District Board must get City Commission approval to relocate the banner(s). Department Head Signature: City Attorney Review/Recomm datio (if applic le): Budget Director Review (required on all items involving expenditure of funds): Funding Available: YES/NO Funding Alternatives: Account No. & Description: Account Balance: (if applicable) City Manager Review: Approved for Agenda: ~/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: LULA BUTLER, COMMUNITY IMPROVEMENT DIRECTOR ELIZABETH B. ALPERT, CD. PROGRAM ADMINIS'T'RATOR THROUGH: CITY MANAGER DATE: APRIL 10, 2007 SUBJECT: AGENDA 17 EM f •% t'~tiULAK MLA 111V CT yr t~rtui.. ~ LOCAL HOUSING ASSISTANCE PLAN (CHAP) 2007-2010 ITEM BEFORE COMMISSION City Commission authorization and approval of the Local Housing Assistance Plan (CHAP) for Fiscal Years 2007-2010 by adopting Resolution #28-07 pursuant to Title 67-37 of the Florida Administrative Code. BACKGROUND For the past fifteen (15) years the City has received funds under the State Housing Initiatives Partnership (SHIP) Program. SHIP funds are generated from a portion of documentary stamp taxes collected throughout the State and held in the State's Housing Trust Fund for the development and maintenance of affordable housing. The State requires a Local Housing Assistance Plan (CHAP) outlining how the City plans to administer the SHIP funds once they are received. On February 23, 1993, under Ordinance #2-93, the City Commission established a Local Housing Assistance Program, created the Local Housing Trust Fund and created the Affordable Housing Advisory Committee to comply with various sections of Tide 67 of the Administrative Code of Florida. Community Development Division staff have administered the program and under the approved plans have assisted Delray Beach residents with homeownership and housing rehabilitation opportunities. Attached is the Local Housing Assistance Plan for FY2007-2010. The following strategies: 1) Purchase assistance; 2) Owner-occupied rehabilitation assistance; 3) Land Acquisition; 4) Disaster Relief assistance; 5) Sub-Recipient Housing Partnership Program (Community Land Trust); 6) Foreclosure Prevention, as well as several incentives within the CHAP, may be implemented during the next three years. The CHAP is based on the current year's annual allocation of $590,567 per year for the three year period. FUNDING SOURCE State Housing Initiatives Partnership (SHIP). RECOMMENDATION Staff recommends authorization and approval of the City's State Housing Initiatives Partnership (SHIP) Program, Local Housing Assistance Plan for Fiscal Years 2007-2010. . CITY OF DELRAY BEACH IT, , ~QQ~ SINTHEP State Housing Initiatives Partnership (SHIP) LOCAL HOUSING ASSISTANCE PLAN (CHAP) FISCAL YEARS COVERED 200712008 200812009 200912010 -1- TABLE OF CONTENTS I. PrOgrat7l D2SCfIptlOn (Chapter67-37.005 F.A.C. and Section 420.9072, F.S.) 3 - 7 II. LHAP Housing Strategies (cnapce~s~-s~.oo~(5),F.A.c. 7 -14 III. LHAP INCENTIVE STRATEGIES (sectiana2o.so71(1s), F.s.> 14 -18 IV. EXHIBITS 19 A. Administrative Budget B. Timeline C. Housing Delivery Goals Charts (HDGC) D. Certification to Florida Housing Finance Corporation E. Resolutions F. Program Information Sheet -2- I. PROGRAM DESCRIPTION Chapter ti7-37.005 F.A.C. and section 420.9072, F.s. A. Name of the participating local government and Interlocal if Applicable: Section 420.9072(5), F.S. City of Delray Beach Interlocal: Yes No X Name of participating local government(s) in the Interlocal Agreement; B. Purpose of the program: Section 420.9072, F.S. and Chapter 67-37.005(3), F.A.C. Creation of the Plan is for the purpose of meeting the housing needs of the very- low, low-, and moderate-income households, to expand production of and preserve affordable housing, to further the housing element of the City of Delray Beach's comprehensive plan specific to affordable housing. C. Fiscal years covered by the Plan: Chapter 67-37.0o2,F.A.C. X 200712008 X 2008/2009 X 200912010 ~. Governance: Chapter 67-37.005(3)and(5)(i)F.A.C. and Section 420.9071(14)F.S. The SHIP Program is established in accordance with Section 420.907-9079, Florida Statutes and Chapter 67-37.007 Florida Administrative Code. The SHIP Program furthers the housing element objective of providing increased housing opportunities for low-income persons. E. Local Housing Partnership section 420.9072(1)(x), F.s. SHIP Program encourages building active partnerships between government, lenders, builders and developers, real estate professionals, advocates for low- income persons and community groups. The City of Delray Beach's Community Improvement Department has formed a partnership agreement with the Delray Beach Community Redevelopment Agency, the Community Financing Consortium, Inc., the Delray Beach Housing Authority, the Center for Technology, Enterprise, & Development, the Delray Beach Community Development Corporation and local contractors. This partnership entitled "Delray Beach Renaissance Program" was developed to implement a comprehensive home-building and community revitalization program. Resources from each participant are leveraged to minimize the duplication of services, streamline the approval process and to reduce the cost of housing to very-low, low-, and moderate-income homebuyers. -3- F. Leveraging: Chapter 67-37.007(1)(b)(c), F.A.C. and Section 420.9075(1)(x) and (1)(63, and (1)(c), F.S. The Plan is intended to increase the availability of affordable residential units by combining local resources and cost saving measures into a local housing partner- ship and using public and private funds to reduce the cost of housing. SHIP funds may be leveraged with or used to supplement other Florida Housing Finance Corporation programs and to provide local match to obtain federal housing grants or programs. The use of SHIP funds along with CDBG funds, Genera- Revenue contributions awarded by the City, leverages with private sector financing and technical support provide the basis for increasing the supply of affordable housing for Delray Beach residents. Emphasis remains on combining neighbor- hood improvements with the provision of homeownership opportunities for the very low and low income households. G. Public Input: Chapter67-37.005(3), F.A.C. Public input was solicited through face to face meetings with housing providers and local neighborhood associations. Also, the City conducts an annual Community Needs Assessment Meeting whereby the public is invited to attend and provide input on how program funds should be allocated. H. Advertising and Outreach chapters7-37.005(6)(x), F.A.C. The City advertises the notice of funding availability in a local newspaper of general circulation and periodicals serving ethnic and diverse neighborhoods, at least 30 days before the beginning of the application period. If no funding is available due to a waiting list, no notice of funding availability is required. In addition to advertising in the newspaper, the City publicizes the SHIP program on the City's web site, and through established homeowner association newsletters, churches located in the CDBG target area and other organized methods that may be available. SHIP staff participates in local homebuyer fairs and workshops. Discrimination: Section 420.9075(3)(c), F.S. In accordance with the provisions of ss.760.20-760.37, it is unlawful to discriminate on the basis of race, creed, religion, color, age, sex, marital status, familial status, national origin, or handicap in the award application process for eligible housing. In implementing its SHIP program, the City of Delray Beach is mindful of affirmatively furthering fair housing. The City utilizes CDBG funds to further fair housing outreach and education activities, as called for in the Consolidated Plan. All SHIP applicants are required to attend home buyer education seminars that include a segment on fair housing. -4- J. Support Services and Counseling: Chapter 67-37.005(5)(g),F.A.C. Support services are available from various sources. The City works with the members of the Delray Beach Housing Renaissance Partnership, local lenders and Palm Beach County Consumer Credit Counseling to provide pre and post homeownership counseling. All prospective homebuyers receive education about credit, predatory lending, fair housing, pre-purchase home inspections, and post- purchase education on topics such as budgeting, home maintenance, and energy conservation. K. Purchase Price Limits: Section 420.9075(4)(c), F.S. and Chapter 67-37.007(6)F.A.C. Purchase Price Limits: The sales price or value of new or existing eligible housing may not exceed 90% of the average area purchase price in the statistical area in which the eligible housing is located. Such average area purchase price may be that calculated for any 12-month period beginning not earlier than the fourth calendar year prior to the year in which the award occurs. The sales price of new and existing units, which can be lower than but may not exceed 90% of the median area purchase price established by the U.S. Treasury Department or as described above. The methodology used by the City of Delray Beach is: Bond Study Numbers provided by Florida Housing Finance Corporation Independent Study (copy attached) X U.S. Treasury Department The purchase price limit for new construction and existing homes will be $280,000. This amount is less than the $429,619 maximum for new home construction and existing home purchases allowed by the U. S. Treasury Department (Revenue Proclamation 2005-15) because they are based on the amount that a household can actually afford using SHIP subsidy. The purchase price limit will be revised as needed in response to changes in the local real estate market, mortgage interest rates, etc. Any such revisions will be subject to City Commission and State approval. L. Income Limits, Rent Limits, Affordability and Essential Service Personnel: Chapter 67-37.005(5)(e), F.A.C..and Section 420.9071(2), F.S. The Income and Rent Limits used in the SHIP Program are updated annually from the Department of Housing and Urban Development and distributed by Florida Housing Finance Corporation. Affordable means that monthly rents or mortgage payments including taxes and insurance do not exceed 30 percent of that amount which represents the percentage of the median annual gross income for the households as indicated in Sections 420.9071 (19), (20} and (28), F.S. However it is not the intent to limit an individual household's ability to devote more than 30% of its income for housing, and housing forwhich a household devotes more than 30% of its income shall be deemed affordable if the first institutional mortgage lender is satisfied that the household can afford mortgage payments in excess of the 30% benchmark and in the case of rental housing does not exceed those rental -5- limits adjusted for bedroom size. The City of Delray Beach has established a maximum limit of 40% of gross monthly income on the housing expenses of SHIP assisted buyers. Definition of Essential Services Personnel: "Essential Services Personnel" means persons whose household incomes do not exceed 140% of AMI, as determined annually by the Florida Housing Finance Corporation and adjusted for family size, and shall include teachers and educators; other school district, community college, and university employees; police and fire personnel; health care personnel; skilled building trades personnel; Federal, State, County, and local government personnel; and may also include utility system (water/sewer, electrical, communication, etc.) personnel; information technology industry personnel; child care personnel; personal service providers; retail workers; wholesale/warehouse personnel; tourism industry personnel; biotechnology industry personnel; non-profit personnel; food service personnel; landscaping industry personnel; cosmetology service providers; facility maintenance personnel; automotive service personnel; marine services personnel; and personnel in other industries deemed essential by City of Delray Beach government based on the local economy. The City of Delray Beach will review and possibly revise this definition of essential service workers on an as needed basis to conform to local economic and industry trends. M. Wages to Work: Chapter 67-37.005(6)(b)(7)F.A.C. Should an eligible sponsor be used, the City has developed a qualification system and selection criteria for applications for awards to eligible sponsors, which includes a description that demonstrates how eligible sponsors that employ personnel from the WAGES and Workforce Development Initiatives programs will be given preference in the selection process. The City works in partnership with the local Chamber of Commerce to ensure that these requirements are met. N. Monitoring and First Right of Refusal: Section 420.9075(3)(e)and (4) (f), Fs. In the case of rental housing, the staff or entity that has administrative authority for implementing the local housing assistance plan assisting rental developments shall annually monitor and determine tenant eligibility or, to the extent anothergovemmental entity provides the same monitoring and determination, a municipality, county or local housing financing authority may rely on such monitoring and determination of tenant eligibility. However, any loan or grant in the original amount of $3,000 or less shall not be subject to these annual monitoring and determination of tenant eligibility requirements. Tenant eligibility will be monitored at least annually for 15 years or the term of assistance which ever is longer unless as specified above. Eligible sponsors that offer rental housing for sale before 15 years or that have remaining mortgages funded under this program must give a first right of refusal to eligible nonprofit organizations for purchase at the current market value for continued occupancy by eligible persons. 0. Administrative Budget: Chapter 67-37.005(6)(1)3, F.A.C.. A detailed listing including line-item budget of proposed Administrative Expenditures is -6- attached as Exhibit A. These are presented on an annual basis for each State fiscal year submitted. The City of Delray Beach finds that the monies deposited in the local housing assistance trust fund shall be used to administer and implement the local housing assistance plan. The cost of administering the plan may not exceed 5% of the local housing distribution monies and program income deposited into the trust fund. A county or an eligible municipality may not exceed the 5 percent limitation on administrative costs, unless its governing body finds, by resolution, that 5% of the local housing distribution plus 5% of program income is insufficient to adequately pay the necessary costs of administering the local housing assistance plan. The cost of administering the program may not exceed 10% of the local housing distribution plus 5% of program income deposited into the trust fund, except that small counties, as defined in s. 120.52(17), and eligible municipalities receiving a local housing distribution of up to $350,000 may use up to 10 percent of program income for administrative costs. The City of Delray Beach has adopted the above findings in the attached resolution, Exhibit E. The Community Development Division of the Community Improvement Department shall be responsible for administration of the Local Housing Assistance Plan (CHAP). Administrative functions include program design, applicant processing and selection, preparing necessary paperwork to issue payments for program activities, tracking expenditures to ensure that statutory set-asides will be met, maintaining necessary records, preparing required reports, and all other duties pertaining to implementation of the CHAP. II. CHAP HOUSING STRATEGIES: Chapter 67-37.005(5), F.A.C. A. Name of the Strategy: Purchase Assistance a. Summary of the Strategy: This strategy assists eligible first-time home- buyers with a 0% interest, deferred payment loan to be applied towards down payment, rehabilitation costs (if applicable), closing costs and principal reductions for the construction of new and/or purchase of existing single family homes, townhouses and villas. New construction properties must be constructed by approved contractors/developers participating in the City of Delray Beach Housing Renaissance Partnership. b. Fiscal Years Covered: State fiscal years 2007/2008, 2008/2009 and 2009/2010. c. Income Categories to be served: Very-low, low-, and moderate-income households as defined by the U.S. Department of Housing and Urban Development (HUD)anrr adopted by the State of Florida and distributed by the Florida Housing Finance Corporation for use in the SHIP Program. -7- d. Maximum award is noted on the Housing Delivery Goals Charts: The maximum award is limited to $75,000; however, the maximum is not automatically provided on an individual basis; rather, the amount of subsidy awarded will be the minimum amount necessary to enable the buyer to purchase the property at a monthly payment affordable to him or her. e. Terms, Recapture and Default: Assistance will be provided to eligible households in the form of a fifteen (15) year, 0% interest, forgivable deferred loan for amounts greater than $5,000 but less than $35,000. For amounts equal to or greater than $35,000, assistance will be provided in the form of a thirty (30) year, 0% interest, forgivable deferred loan. Assistance under $5,000 will be awarded as a grant and will not be subject under the program's recapture provisions. All loan awards will be secured with a second mortgage /promissory note and will be forgiven on a pro-rated basis specific to the duration of the note. Repayment of the full loan award will be immediately due to the City in the event any "qualifying event(s)" occur prior to expiration of the note. Qualifying event(s) are considered to be: • sale of unit or transfer of title • the assisted homeowner fails to continuously occupy the home • the unit is rented • unit is refinanced without prior authorization of the City. Such repaid funds will be utilized in accordance with the approved Local housing Assistance Plan in effect at the time the funds are recaptured. If no "qualifying event(s)" occur prior to the expiration of the note, the loan is totally forgiven. In the event the homeowner wishes to refinance his or her first mortgage or take out an equity loan to make repairs or improvements, the City has created an administrative policy pertaining to subordination requests. Recipient Selection Criteria: In addition to being income eligible as described above, applicants must meet the following selection criteria: • Must be first-time homebuyer(s), which is defined as one of the following: o someone who has not owned a home during the past three years o a single parent who has been divorced and displaced within the 12 month period prior to time of application, and whose household includes children under the age of 18 o a displaced victim of domestic abuse o a person displaced as a result of a government action (other than eviction from public housing; and those who have special needs according to Chapter 67-37.002(13) -8- • Must have a bank account • Applicant must have an accepted contract for a home and have applied for a first mortgage with a lender • The applicant must have attended and completed an approved home buyer education course (i.e., at least four hours in length and conducted in a classroom setting) approved by the Community Development Division Sponsor Selection Criteria: Eligible sponsors must meet the following selection criteria: • designated 501(c)(3) non-profit organization under IRS guidelines; • legally operating within the jurisdiction of the City of Delray Beach and/or Palm Beach County; • has demonstrated track record and production experience in the construction and delivery of affordable housing; • possess a partnership agreement with the City of Delray Beach to participate and further its goals in the delivery of affordable housing to the City's very- low, low- and moderate-income households; • preference will be given to sponsors that employee personnel from WAGES and Workforce Development Initiatives programs. h. Additional Information: New units constructed must be located in the CDBG designated target area. Existing homes must be located within the City's municipal boundaries. Applicants owing money to other assisted housing programs (such as Section 8 and public housing) are ineligible for SHIP assistance until they make restitution. B. Name of the Strategy: Owner-Occupied Housing Rehabilitation Summary of the Strategy: This strategy provides 0% interest, deferred payment loans to assist very-low, low- and moderate-income households (below 80% of Area Median Income adjusted for family size) to rehabilitate existing owner-occupied single family units. Rehabilitation of units will address interior and exterior buildinglelectricallplumbing problems, health and safety issues, as well as, retrofit of items for those with special needs, upgrade major systems, and soft costs. It is assumed that no private lender monies will be involved in these rehabilitation activities. Fiscal Years Covered: State fiscal years 200712008, 2008/2009 and 200912010. .g. Income Categories to be served: Very-low, low- and moderate-income households as defined by the U.S. Department of Housing and Urban Development (HUD) and adopted by the State of Florida and distributed by the Florida Housing Finance Corporation for use in the SHIP Program. d. Maximum award is noted on the Housing Delivery Goals Charts: The maximum award for this strategy is $37,000. However, the maximum is not automatically provided on an individual basis; rather, the amount of subsidy awarded will be the minimum amount necessary to make the necessary repairs and bring the house up to the City's minimum code requirements. e. Terms, Recapture and Default: Assistance greater than $5,000 but less than $20,000 will be provided to eligible households in the form of a 0% interest, deferred payment loan secured by a promissory note forgivable over ten (10) years. Loan awards equal to or greater than $20,000 will be provided in the form of a 0% interest, deferred payment loan secured by a promissory note forgivable over fifteen (15) years. Assistance under $5,000 will be awarded as a grant and will not be subject under the program's recapture provisions. Pro-ration of loan award will occur at a rate specific to the duration of the note. Repayment of the full loan award will be immediately due to the City in the event any "qualifying event(s)" occur prior to expiration of the note. Qualifying event(s) are considered to be: • sale of unit or transfer of title (except for major healthcare expenses or by inheritance) • the assisted homeowner fails to continuously occupy the home • the unit is rented • unit is refinanced without prior authorization of the City Such repaid funds will be utilized in accordance with the approved Local housing Assistance Plan in effect at the time the funds are recaptured. If no "qualifying event(s)" occur prior to the expiration of the note, the loan is totally forgiven. In the event the homeowner wishes to refinance his or her first mortgage or take out an equity loan to make repairs or improvements, the City has created an administrative policy pertaining to subordination requests. Recipient Selection Criteria: In addition to being income eligible as described above, applicants must meet the following selection criteria: • Applicant may not currently own or have assets exceeding $15,000 (monetary gifts and real estate are included in the asset calculation; retirement accounts are not) -10- • Must be owner/occupant • Mortgage payments and taxes must be current /paid up to date • Must provide proof of current homeowners insurance • Must have a bank account Sponsor Selection Criteria: N/A. No sponsors are utilized for the Owner-Occupied Rehabilitation program. h. Additional Information: The home must be located in the City's municipal boundaries; the appraised value of the home may not exceed the maximum sales price allowed in the SHIP program for existing units; and the homeowner must agree to maintain the home free of any code violations after rehabilitation work is completed. C. Name of the Strategy: Land Acquisition a. Summary of the Strategy: This strategy will provide funds to acquire properties for future development by non-profit, public agencies or for profit developers. Properties will be acquired through deed and tax sales, the foreclosure of government liens and through private purchases. Properties will be donated and/or sold, competitively to non-profit agencies that will use the Delray Beach Renaissance Program for the development of the property. Properties sold competitively to for profit developers must be utilized for the development of affordable housing. Construction, rehabilitation, or emergency repairs must be completed either with one year immediately proceeding the date of conveyance of title or within 24 months of the close of the applicable State fiscal year. If property is sold to afor-profit developer, applications will be accepted and awarded competitively using criteria including, but not limited to The following: • Financial strength of the agency • Ability of developer to complete the development by the deadlines established by the State • Capacity of the developer • Features of the proposed house(s) • Marketing plan for the sale of the house(s) • Whether or not the agency employs personnel from the WAGES or Workforce Development program • Whether the proposed housing is compatible with the neighborhood in terms of design and size -11- • Affordability of house(s) being built b. Fiscal Years Covered: State fiscal years 2007/2008, 2008/2009 and 2009!2010. c. Income Categories to be served: Very-low, low-, and moderate-income households as defined by the U.S. Department of Housing and Urban Development (HUD) and adopted by the State of Florida and distributed by the Florida Housing Finance Corporation for use in the SHIP Program. Maximum award is noted on the Housing Delivery Goals Charts: The maximum purchase price fora "buildable lot of record" as defined in the City's Land Development Regulations will be $40,000. The maximum purchase price for aggregate lots or large tracts of lands shall be determined by the appraised value at time of purchase. e. Terms, Recapture and Default: The loan for the value of the land will be at 0% interest. The loan will be recaptured when the property is sold. Recipient Selection Criteria: In addition to being income eligible as described above, applicants must meet the same selection criteria for recipient's under Strategy A: Purchase Assistance. g. Sponsor Selection Criteria: Eligible sponsors must meet the following selection criteria: • designated 501(c)(3) non-profit organization under IRS guidelines; • legally operating within the jurisdiction of the City of Delray Beach and/or Palm Beach County; • has demonstrated track record and production experience in the construction and delivery of affordable housing; • preference will be given to sponsors that employee personnel from WAGES and Workforce Development Initiatives programs. D. Name of the Strategy: Disaster Relief a. Summary of the Strategy: In the event of a natural disaster (as declared by local, state, or federal government), SHIP funds will be used to leverage available federal and state funds to provide assistance to income eligible households for the purpose of repairing eligible housing. Generally, such needs may include: purchase of emergency supplies for eligible households to weatherproof damaged homes, interim -12- repairs to avoid further damage, tree and debris removal required to make individual housing units habitable, and post disaster assistance with non-insured repairs. b. Fiscal Years Covered: State fiscal years 200712008, 2008/2009 and 200912010. c. Income Categories to be served: Very-low, low- and moderate-income households as defined by the U.S. Department of Housing and Urban Development (HUD) and adopted by the State of Florida and distributed by the Florida Housing Finance Corporation for use in the SHIP Program. d. Maximum award as noted on the Housing Delivery Goats Charts: The maximum award for this strategy is $15,000 per unit. e. Terms Recapture and Default: Assistance will be provided in the form of a grant, so individual households will not be required to repay funds used for disaster assistance. In the event that the City receives reimbursement from federal or state sources, such repair funds will be utilized in accordance with the approved Local Housing Assistance Plan in effect at the time the funds are disbursed. Recipient Selection Criteria: In addition to being income eligible as described above, applicants will be served on a first-come, first-served basis, pending fund availability. Residence must be located within the municipal boundaries of Delray Beach. g. Sponsor Selection Criteria: N/A. Additional Information: This strategy will be implemented only in the event of a natural disaster declaration using any SHIP funds that have not been encumbered. E. Name of Strategy: Sub-Recipient Housing Partnership Program. This strategy shall not be used in conjunction with any other assistance program offered by the City of Delray Beach, a. Summary of the Strategy: This strategy allocates 0 % interest, deferred payment loans to a Community Land Trust/non-profit sub-recipient to be applied towards the principal reduction of construction of affordable single family units within the Community Land Trust. Fiscal Years Covered: State fiscal years 2007/2008, 200812009 and 200912010. -13- Income Categories to be served: Very-low, low-,and moderate-income households as defined by the U.S. Department of Housing and Urban Development (HUD) and adopted by the State of Florida and distributed by the Florida Housing Finance Corporation for use in the SHIP Program. d. Maximum award is noted on the Housing Delivery Goals Charts: The maximum award is limited to $75,000; however, the maximum is not automatically provided on an individual basis; rather, the amount of subsidy awarded will be the minimum amount necessary to enable the buyer to purchase the property at a monthly payment affordable to him or her. e. Terms, Recapture and Default: Assistance will be provided to each eligible Community Land Trust property on a one time basis. Subsidy awards will be evaluated individually on a case-by-case basis in accordance with SHIP income guidelines and will require final approval by the City's Community Improvement Department. The subsidy will be required to be excluded from the applicant's original purchase price in the re-sale formula and is to appear as a construction cost buy- down to maintain the unit's affordability in perpetuity. Assistance will be provided to eligible sub-recipient partner in the form of a fifteen (15) year, 0% interest, forgivable deferred loan for amounts greater than $5,000 but less than $35,000. For amounts equal to or greater than $35,000, assistance will be provided in the form of a thirty (30) year, 0% interest, forgivable deferred payment loan. All loan awards are secured with an all inclusive agreement between the City and Community Land Trust. Repayment of the full loan award will be immediately due to the City in the event any "qualifying event(s)" occur prior to expiration of the note. Qualifying Events shall be: i. The Community Land Trust sells or transfers ownership of the property in a manner such that the property is no longer held in trust for affordable housing purposes; ii. The Community Land Trust dissolves and/or ceases to exist as a 501(c)(3) not-for-profit corporation; iii. The unit is rented without prior authorization from the City; iv. The unit is refinanced without prior authorization from the City; v. The occupant fails to follow guidelines of the Community Land Trust. Such repaid funds will be utilized in accordance with the approved Local housing Assistance Plan in effect at the time the funds are repaid. If no "qualifying event(s)" occur prior to the expiration of the agreement, the loan shall be totally forgiven. Sponsor Selection Criteria: Eligible sponsors will be selected via the City's Request for Proposal (RFP) process and must meet the following selection criteria: -14- i. Designated 501(c)(3) non-profit organization under IRS guidelines; ii. Legally operating Community Land Trust within the jurisdiction of the City of Delray Beach; iii. Has demonstrated track record and production experience in the construction and delivery of affordable housing; iv. Possess a partnership agreement with the City of Delray Beach to participate and further its goals in the delivery of affordable housing to the City's very-low, low- and moderate-income households. F. Name of Strategy: Foreclosure Prevention: a. Summary of the Strategy: This strategy allocates payment assistance in the form of a grant to any homeowner within 0-140% of the Area Median Income (AMI) whose home is in the process of foreclosure due to extenuating circumstances as listed below in the Terms, Recapture and Default section. b. Fiscal Years Covered: State fiscal years 200712008, 200812009 and 2009/2010. Income Categories to be Served: Very-low, low-, and moderate-income households as defined by the U.S. Department of Housing and Urban Development (HUD) and adopted by the State of Florida and distributed by the Florida Housing Finance Corporation for use in the SHIP Program. d. Maximum award is noted on the Housing Delivery Goals Charts: The maximum award is limited to $10,000 inclusive of all attorney fees/court costs; however, the maximum is not automatically provided on an individual basis; rather, the amount of subsidy awarded will be the minimum amount necessary to enable the buyer to continue to retain ownership and regularly make his/her monthly payments. e. Terms. Recapture and Default: 1. Home value must be equal or less than SHIP purchase price limit. 2. Completion of post-counseling through approved counseling agency. 3. Foreclosure prevention applicants must show that the nonpayment of their mortgage is not through their own doing. Eligible reasons are: (1) Loss of employment. (2) Sudden medical expenses. (3) Divorce or separation. (4) Death in the family. -15- (5) Unforeseen home repair bills. Applicants must also show that they will be able to keep the house out of default, genuinely want to keep the house, and must show they can make monthly mortgage payments. Additionally, eligibility for foreclosure prevention shall be done in an expedited manner and may include alternative forms of documentation, such as current pay stubs and benefit letters, as well as oral verification of employment wages, other income, and assets. 4. Recapture: Zero percent, five (5) year deferred, payment loan. 5. Leveraging: This program will be leveraged from funds from the SHIP Partnership Program. III. LHAP INCENTIVE STRATEGIES Section 420.9071(16), F.S. A. Name of the Strategy: Expedited Permitting Permits as defined in s. 163.3164(7) and (8) for affordable housing projects are expedited to a greater degree than other projects. a. Established policy and procedures: Provide Description The City has in place a "One Stop Shop" permitting process fora co- ordinated review and approval of all developmental applications submitted through the Building Division. The system features a fully automated application tracking software package that provides the opportunity to readily identify delays in review time from various departments within within the permit process. Applications submitted for affordable housing projects will receive a label marking it as such and prioritized for review. Applications received are processed by designated persons under the approved expedited permitting process developed for this program. B. Name of the Strategy: Ongoing Review Process An ongoing process which provides for a review and consideration of local policies, ordinances, regulations and plan provisions that increase the cost of housing prior to its adoption. Established policy and procedures: Provide Description The Planning and Zoning Department reviews all proposed new City policies or changes to the LDR's to determine effects, if any, on the cost of housing. If it is determined that there is an impact, an analysis is prepared by appropriate department staff and submitted to City Commission for review prior to its approval. -16- C. Name of the Strategy: Impact Fees Requirements An on-going process to allow for the payment of Impact fees associated with new construction of affordable housing units. Established policy and procedures: Provide Description The City has been unsuccessful in petitioning the County to waive impact fees associated with new construction of affordable housing units. The County does provide an impact fee credit for units built on a lot, which had a previous residential unit on the site. The Community Development staff provides the research on properties to identify these credits wherever possible, When no credit is applicable, the City may use SHIP funds to pay the impact fees. D. Name of the Strategy: Waiver of Building Permit Fees An ongoing process for reducing the cost of building or rehabilitating affordable housing. a. Established policy and procedures: Provide Description The City has adopted a policy for the waiver of building, paving, irrigation and plan review fees for affordable housing units. This has generated a savings to the homeowner estimated at $1,200 in permit fees per unit. E. Name of the Strategy: Allowance of Increased Density Levels An ongoing process to review zoning regulations for the purpose of allowing increased density to encourage development of affordable housing unit. a. Established policy and procedures: Provide Description The Housing Element of the City's Comprehensive Plan provide for increases to density when it can be demonstrated that such increases will lead to an affordable unit, provided that other policies of the Comprehensive Plan are met. The Land Development Regulations allow for increased densities in planned unit development on acase- by-case basis. This does not apply to in-fill housing and the lack of large vacant parcels makes this incentive limited in its effect. F. Name of the Strategy: Reservation of Infrastructure Capacity An ongoing process to provide for infrastructure improvements in deteriorating neighborhoods -17- a. Established policy and procedures: Provide Description Infrastructure facilities currently exist throughout the entire City. However, where there are visible signs of deterioration, Comprehensive Plan policy provides for prioritization in scheduling necessary improvements. As each year's infrastructure improvement schedule is prepared, priority is given to neighborhoods with concentrations of infrastructure deficiencies. G. Name of the Strategy: Reduction of Parking and Set Back Requirements An ongoing process to encourage development of affordable units by allowing for reduced parking and set back requirements Established policy and procedures: Provide Description Current regulations require two parking spaces per dwelling unit beyond required front yard set back in Single Family Zoning Districts. as an incentive to affordable housing, one of the required parking spaces may be located within the side set back within one foot of the property line, provided the impervious area used for parking is sloped to drain on the lot being developed. This incentive will provide a cost reduction of approximately $800 per unit. The allowance of side set back parking improves the appearance and traffic flow by reducing haphazard street parking.. H. Name of the Strategy: Preparation of a printed inventory of locally owned public lands suitable for affordable housing. An ongoing process to identify land suitable for development of affordable housing. a. Established policy and procedures: Provide Description The Planning Department has compiled a complete list of City owned lands of 3 acres or more along with available single family lots. The Community Redevelopment Agency maintains a list of vacant parcels, which they own or have under contract suitable for in-fill residential construction. These lists are made available to the public, private developers and non-profit agencies. Name of the Strategy: Reduction of Landscape Requirements An ongoing process to encourage the development of affordable units by allowing for a reduction of the City's landscape requirements a. Established policy and procedures: Provide Description The current requirements at Section 4.6.16(H) for Single Family Housing is that 20% of all pervious lot area be planted in shrubs and ground -18- cover and the remaining 80% of the area be planted in turf. In support of projects participating in the City's Affordable Housing Programs the requirements of the landscape code are reduced to allow for only 10% of the pervious single family lot area be planted in shrubs and ground cover and that they be installed in the front and side setbacks. It is estimated that $1,200 will be reduced from the cost of producing one unit. IV. EXHIBITS: A. Administrative Budget for each fiscal year covered in the Plan. Exhibit A. B. Timeline for Encumbrance and Expenditure: Chapter 67-37.005(6)(d) and (f) F.A.C. A separate timeline for each fiscal year covered in this plan is attached as Exhibit B. Program funds will be encumbered by June 30 one year following the end of the applicable state fiscal year. Program funds will be fully expended within 24 months of the end of the applicable State fiscal year. C. Housing Delivery Goals Chart (HDGC) For Each Fiscal Year Covered in the Plan: Chapter 67-37.005), F.A.C. Completed HDGC for each fiscal year is attached as Exhibit C. D. Certification Page: Chapter67-37.005(7), F.A.C. Signed Certification is attached as Exhibit D. E. Adopting Resolution: Section 420.9072(2)(b)2, F.s. Original signed, dated, witnessed or attested adopting resolution is attached as Exhibit E. Resolution 28-07 F. Program Information Sheet: Completed program information sheet is attached as Exhibit F. G. Ordinance: Section 420.9072(3)(a), F.s. If changed from the original ordinance, a copy is attached as Exhibit G. This item has not changed as of May 2007. H. Interlocal Agreement: Section 420.9072, F.S. A copy of the Interlocal Agreement if applicable is attached as Exhibit H. This item is not applicable as of May 2007. -19- ADMINISTRATIVE BUDGET FOR EACH FISCAL YEAR Fiscal Year 2007!2008 Salaries and Benefts 53,590.00 Audit/Accounting Fees 2,000.00 Operating Expenses for SHIP 3,500.00 Administrator (i.e., trove! & training, phone, memberships, etc. Advertising 400.00 59,490.00 Fiscal Year 2008/2009 Salaries and Benefits 53,590.00 Audit/Accounting Fees 2,000.00 Operating Expenses for SHIP 3,500.00 Administrator (i.e., travel & training, phone, memberships, etc. Advertising 400.00 Fiscal Year 2009/2010 alaries and Benefits 53,590.00 uditJAccounting Fees 2,000.00 Aerating Expenses for SHIP 3,500.00 Adminsitrator (i.e., travel & training, phone, memberships, etc. dvertisina 400.00 Administrative expenses in excess of the maximum ten percent (10%) of SHIP allocation will be supplemented by up to five (5%) percent of program income and/or City general funds. 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E _ t d i V ~! °~ ~ a $ y ? 3 aci x N ~ d a c d ~ v u ~ C o G E A ~ o h W 3 p E u ~ t eYa _ ~ J ~ . e a c ' ~ ~- v °` 3 O ~ Z ~ E o E ~ o ~ ° V -o ~ 00 c u a+ V O ~° ~ M a v ~ ~ x ~, ~ ~ ~ v Q i o • f E A W A N O M ° E H C LL G F A R E d IC V U ~ E x ° d E s ~ E W L r 'n ~ `u ~ i r N ~ LL 3 - ~ i k ~ Q ; V :; y H ~ X l •P OL O ~ ~ ~ ~ C C ~ OZ d ~ 1 J C CJ Q E ~ ~ ~ a ~ s Q y ~ 3 -o r ' v' ; ~ ' ~ ' ~ V $ d ~ ~ ~ 0 , Z O o ~ in Q Q 2 --r_ ~ ~ pTp C ~ y ~ H Exhibit D CERTIFICATION TO FLORIDA HOUSING FINANCE CORPORATION Name of Local Government: City of Delray Beach (1) The local government will advertise the availability of SHIP funds pursuant to Florida Statutes. (2) All SHIP funds will be expended in a manner which will insure that there will be no discrimination on the basis of race, creed, religion, color, age, sex, familial or marital status, handicap, or national origin. (3) A process for selection of recipients for funds has been developed. (4) The eligible municipality or county has developed a qualification system for applications for awards. (5) Recipients of funds will be required to contractually commit to program guidelines. (6) The Florida Housing Finance Corporation will be notified promptly if the local government (or interlocal entity) will be unable to comply with the provisions the plan. (7) The Local Housing Assistance Plan shall provide for the expenditure of SHIP funds within 24 months following the end of the State fiscal year in which they are received. (8) The plan conforms to the Local Government Comprehensive Plan, or that an amendment to the Local Government Comprehensive Plan will be initiated at the next available opportunity to insure conformance with the Local Housing Assistance Plan. (9) Amendments to the approved Local Housing Assistance Plan shall be provided to the Corporation with in 21 days after adoption. (10) The trust fund shall be established with a qualified depository for all SHIP funds as well as moneys generated from activities such as interest earned on loans. (11) Amounts on deposit in the local housing assistance trust fund shall be invested as permitted by law. (12) The local housing assistance trust fund shall be separately stated as a special revenue fund in the local governments audited financial statements, copies of the audits will be forwarded to the Corporation as soon as available. 13) An interlocal entity shall have its local housing assistance trust fund separately audited for each state fiscal year, and the audit forwarded to the Corporation as soon as possible. (14) SHIP funds will not be pledged for debt service on bonds or as rent subsidies. May 2007 Exhibit D (15) Developers receiving assistance from both SHIP and the Low Income Housing Tax Credit (LIHTC) Program shall comply with the income, affordability and other LIHTC requirements, Similarly, any units receiving assistance from other federal programs shall comply with all Federal and SHIP program requirements. (16) Loans shall be provided for periods not exceeding 30 years, except for deferred payment loans or loans that extend beyond 30 years which continue to service eligible persons. (17) Rental Units constructed or rehabilitated with SHIP funds shall be monitored at least annually for 15 years for compliance with tenant income requirements and affordability requirements or as required in Section 420.9075 (3)(e) (18) The Plan meets the requirements of Section 420-907-9079 FS, and Rule Chapter 67-37 FAC, and how each of those requirements shall be met. (19) The provisions of Chapter 83-220, Laws of Florida X has or has not been implemented. Witness Witness Chief Elected Official or designee Rita Ellis, Mayor Type Name and Title Date OR Attest: (Seal) 2 May 2007 RESOLUTION N0.28-07 A RESOLUTION OF THE QTY COMMISSION OF THE QTY OF DELRAY BEACI-I, FLORIDA, APPROVING TIDE LOCAL HOUSING ASSISTANCE PLAN AS REQUIRED BY THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM ACT, SUBSECTIONS 420.907-420.9079, FLORIDA STATUTES; AND RULE CHAPTER 67-37, FLORIDA ADMINISTRATIVE CODE; AUTTHORZING AND DIRECTING THE MAYOR TO EXECUTE ANY NE C~E SSARY DOCUMENTS AND CERTIFICATIONS NEEDED BY THE STATE; AUTHORIZING TT~E SUBMISSION OF THE LOCAL HOUSING ASSISTANCE PLAN FOR REVIEW AND APPROVAL BY THE FLORIDA HOUSING FINANCE CORPORATION; AND PROVIDING AN EFFECIVE DATE. WHEREAS, the State of Florida enacted the William E. Sadowski Affordable Housing Act, Chapter 92-317 of Florida Sessions Laws, allocating a portion of documentary stamp taxes on deeds to local governments for the development and maintenance of affordable housing; and WHEREAS, the State Housing Initiatives Partnership (SHIP) Act, ss. 420.907-420.9079, Florida Statutes (1992), and Rule Chapter 67-37, Florida Administrative Code, requires local governments to develop a one- to three-year Local Housing Assistance Plan outlining how funds will be used; and WHEREAS, the SHIP Act requires local governments to establish the maximum SHIP funds allowable for each strategy; and WHEREAS, the SHIP Act further requires local governments to establish an average area purchase price for new and existing housing benefiting from awards made pursuant to the Act; the methodology and purchase prices used are defined in the attached Local Housing Assistance Plan; and WHEREAS, as required by Section 420.9075, F.S., and Chapter 67-37 F.A.C., it is found that five percent (5%) of the local housing distribution plus five percent (5%) of program income is insufficient to adequately pay the necessary costs of administering the local housing assistance plan. The cost of administering the program may not exceed ten percent (10%) of the local housing distribution plus five percent (5%) of program income deposited into the trust fund, except that small counties, as defined in s. 120.52(17), and eligible municipalities receiving a local housing distribution of up to Three Hundred Fifty Thousand Dollars ($350,000) may use up to ten percent (10%) of program income for administrative costs; and WHEREAS, the City has prepared athree-year Local Housing Assistance Plan for submission to the Florida Housing Finance Corporation; and WHEREAS, the City Coinrrussion finds that it is in the best interest of the public for the City of Delray Beach to submit the Local Housing Assistance Plan for review and approval so as to qualify for said documentary stamp tax funds; and NOW THEREFORE BE IT RESOLVED BY THE QTY COMMISSION OF THE QTY OF DELRAY BEACH FLORIDA AS FOLLOWS: Section 1. The City Corrunission of the City of Delray Beach hereby approves the Local Housing Assistance Plan, as attached and incorporated hereto for submission to the Florida Housing Finance Corporation as required by ss. 420.907-420-9079, Florida Statutes, for fiscal years 2007-2008, 2008-2009 and 2009-2010. Section 2. The Mayor is hereby designated and authorized to execute any documents and certifications required by the Florida Housing Finance Corporation as related to the Local Housing Assistance Plan and to do all things necessary and proper to carry out the term and conditions of said program. Section 3. This resolution shall take effect immediately upon its adoption. PASSSED AND ADOPTED in regular session on this the day of , 2007. ATTEST: City Clerk MAYOR 2 RES. N0.28-07 Exhibit F STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM INFORMATION SHEET LOCAL GOVERNMENT: City of Delray Beach CHIEF ELECTED OFFICIAL (Mayor, Chairman, etc.): Rita Ellis Ma or ADDRESS: 100 N.W. 1s1 Avenue, Delra Beach FL 33444 SHIP ADMINISTRATOR: Ferline F. Mesidort, Community Development Specialist ADDRESS: same as above TELEPHONE:(561) 243-7236 FAX:(561) 243-7221 EMAIL ADDRESS: mesidort(a),ci.delray-beach.fl.us. ADDITIONAL SHIP CONTACTS: Elizabeth B. Alpert, Community Development Program Administrator ADDRESS: same as above TELEPHONE:(561) 243-7282 FAX:(561) _243-7221 EMAIL ADDRESS: apert ,ci.delray-beach.fl.us. INTERLOCAL AGREEMENT: YES/NO (IF yes, list other participants in the inter-local agreement): The following information must be furnished to the Corporation before any funds can be disbursed. LOCAL GOVERNMENT EMPLOYER FEDERAL ID NUMBER: 59-6000308 MAIL DISBURSEMENT TO: ADDRESS: OR:IF YOUR FUNDS ARE ELECTRONICALLY TRANSFERRED PLEASE COMPLETE THE ATTACHED FORM: D NO CHANGE FROM PREVIOUS ELECTRONIC FORM SUBMITTED. Provide any additional updates the Corporation should be aware of in the space below: Please return this form to: SHIP PROGRAM MANAGER, FHFC 227 N. BRONOUGH ST, STE 5000 TALLAHASSEE, FL 32301 Fax: (850) 922-7253 q.~ Request to be placed on: _ Regular Agenda Special Agenda Workshop Agenda ~_ Consent Agenda Date: April 10, 2007 When: Apri117,2007 Description of item: Approval of the Cit~s State Housing Initiatives Partnership (SHIP) Program, Local Housing Assistance Plan for Fiscal Years 2007/2008, 2008/2009 and 2009/2010. Recommendation• Staff recommends approval of the Local Housing Assistance Plan (CHAP) for Fiscal Years 2007/2008, 2008/2009 and 2009/2010 by adoption of Resolution # 28-07. Department Head Signature: City AttorneyReview/Recommendation (if applicab ): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding Alternatives: Account No. & Description: Account Balance: (if applicable) City Manager Review: ~~ Approved for agenda~YE,Y/NO Hold Until: -/ ~~ Agenda Coordinator Review: Received: Placed on Agenda: Action : Approved/Disapproved AGE NDA RE QUE ST ~k RECEIVED aPR ~ s zoos emo ~A~ER CITY R~IA To: David Harden, City Manager From: Lula Butler, Director of Community Improvement ~,~ Thru: Elizabeth Alpert, Community Development Administrator Date: April 16, 2007 Re: Changes to Agenda Item re: 2007-2010 Local Housing Assistance Plan (CHAP) Attached please find pages 15 and 16 of the 2007-2010 Local Housing Assistance Plan (CHAP), item #9-D on the April 17, 2007 City Commission Agenda. The following changes have been made: 1. Pg. 15/ Part F, subpart A -the AMI (area median income) limit has been adjusted from 0-140% to 0-100. Using 100% is more consistent with all of the other SHIP strategies in the plan. 2. Pg. 15/ Part F, subpart A -the word "grant" was changed to "deferred payment loan." 3. Pg. 16/ Part F, subpart e, #5 now states that "Leveraging will not be used with this strategy; it shall not be available to any former SHIP recipient or SHIP sub-recipient." ~iwistd IMJ«~~' ~ ~ I+rm 9.D i. Designated 501(c)(3) non-profit organization under IRS guidelines; ii. Legally operating Community Land Trust within the jurisdiction of the City of Delray Beach; iii. Has demonstrated track record and production experience in the construction and delivery of affordable housing; iv. Possess a partnership agreement with the City of Delray Beach to participate and further its goals in the delivery of affordable housing to the City's very- low, low- and moderate-income households. F. Name of Strategy: Foreclosure Prevention: a. Summary of the Strategy: This strategy allocates payment assistance in the form of a deferred payment loan to any homeowner within 0-100% of the Area Median Income (AMI) whose home is in the process of foreclosure due to extenuating circumstances as listed below in the Terms, Recapture and Default section. b. Fiscal Years Covered: State fiscal years 2007!2008, 2008/2009 and 200912010. c. Income Categories to be Served: Very-low, low-,and moderate-income households as defined by the U.S. Department of Housing and Urban Development (HUD) and adopted by the State of Florida and distributed by the Florida Housing Finance Corporation for use in the SHIP Program. d. Maximum award is noted on the Housing Delivery Goals Charts: The maximum award is limited to $10,000 inclusive of all attorney fees/court costs; however, the maximum is not automatically provided on an individual basis; rather, the amount of subsidy awarded will be the minimum amount necessary to enable the buyer to continue to retain ownership and regularly make his/her monthly payments. e. Terms. Recapture and Default: 1. Home value must be equal or less than SHIP purchase price limit. 2. Completion of post-counseling through approved counseling agency. 3. Foreclosure prevention applicants must show that the nonpayment of their mortgage is not through their own doing. Eligible reasons are: (1) Loss of employment. (2) Sudden medical expenses. (3) Divorce or separation. (4) Death in the family. (5) Unforeseen home repair bills. -15- Applicants must also show that they will be able to keep the house out of default, genuinely want to keep the house, and must show they can make monthly mortgage payments. Additionally, eligibility for foreclosure prevention shall be done in an expedited manner and may include alternative forms of documentation, such as current pay stubs and benefit letters, as well as oral verification of employment wages, other income, and assets. 4. Recapture: Zero percent, five (5) year deferred, payment loan. 5. Leveraging -Levering will not be used with this strategy; it shall not be available to any former SHIP recipient or SHIP sub-recipient. III. LHAP INCENTIVE STRATEGIES Section 420.9071(16), F.S. A. Name of the Strategy: Expedited Permitting Permits as defined in s. 163.3164(7} and (8) for affordable housing projects are expedited to a greater degree than other projects. a. Established policy and procedures: Provide Description The City has in place a "One Stop Shop" permitting process fora co- ordinated review and approval of all developmental applications submitted through the Building Division. The system features a fully automated application tracking software package that provides the opportunity to readily identify delays in review time from various departments within within the permit process. Applications submitted for affordable housing projects will receive a label marking it as such and prioritized for review. Applications received are processed by designated persons under the approved expedited permitting process developed for this program. B. Name of the Strategy: Ongoing Review Process An ongoing process which provides for a review and consideration of local policies, ordinances, regulations and plan provisions that increase the cost of housing prior to its adoption. a. Established policy and procedures: Provide Description The Planning and Zoning Department reviews all proposed new City policies or changes to the LDR's to determine effects, if any, on the cost of housing. If it is determined that there is an impact, an analysis is prepared by appropriate department staff and submitted to City Commission for review prior to its approval. -16- O~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: Susan A. Ruby, City Attorney DATE: April 12, 2007 SUBJECT: AGENDA ITEM # -REGULAR MEETING OF APRIL 17, 2007 Marketing/Sellin~ City Retail Snace in OSS Garage ITEM BEFORE COMMISSION Three proposals which include Bathurst Laymon Realty Group, Inc., Ingrid Kennemer from Coastal Commercial Group, LLC and Re/max on the sale of the retail space in the OSS garage. BACKGROUND The City asked the CRA for a recommendation on who could assist with the sale of the retail space at the Old School Square Garage. The CRA recommended Ingrid Kennemer from Coastal Commercial Group who we have worked with in the past. The City also received proposals from Bathurst Laymon Realty Group and Re/max. Staff is seeking Commission direction regarding whether to accept the proposal from Coastal Commercial Group or one of the other firms, or whether to issue a Request for Proposals for this work. FUNDING SOURCE N/A RECOMMENDATION City Commission direction requested. cc: Doug Smith, Assistant City Manager Chevelle Nubin, City Clerk Ingrid Kennemer, Coastal Commercial Group, LLC Bill Bathurst, Bathurst Laymon Realty Group, Inc. Joe LaViola, RE/MAX 9.~ ~ w ~ ~ ~ ~ y~ f ~ ~€ F- :'C i~-~ s } ~"7 ~t ~ , ~~_~~~ ~ Y~j , ~. ' t ~ r r 1 r~.: ,~'~, rY' s ~. Y 7 ,f S 4 k a~ ~ F ~ - ~' ~ , { ~ V - S k, - ~}~~ r r_ z G - 9r i F~ ! ~~ '~ G f- - . ^'f h i =; Y 7 f ~ ~ WL~ r5 1~' ~ ~ Y ~ ~ ~ ~ ~~~'~ s ? }^ 4 t - ' - ; ~, 4i ' i ' _~ ~T ... _ ,'~ ~ i r r,. ~ n 7: _ K V.;~ _ ~~ ix' ~+ ` ~ l , lm ' , }' d r i Q~ / ~ 1 S ~. ~; f ~F \ 1 j f K ~ r ~ de ~t - ti ~ :~ .. r. -:. c "'. ?., Y i ~j. - ~ ~ t ' v t r ~,• ~ M 1 ~ . ~ y 2 r.k ~ s v f -:: ~, 'i ~~ 2 f ,. ~. ~.y ~ „~ ~~~~ ~y~~ ~,~ ~ a~ Realty Group 1045 East Atlantic Avenue Suite 305 Delray Beach Florida, 33444 561 573 2701 Susan A. Ruby, ESQ City Attorne~, Delray Beach 200 N.W. 1 Ave Delray Beach, FI 33444 Dear Susan, Thank you for the opportunity to discuss my firm handling the disposition of the cities Parking Garage retail space. Our brokerage has primarily focused on representing clients in both the acquisition and disposition of investment properties. 1 personally have sold and leased commercial properties within blocks of the parking garage and would love the opportunity to represent the city in this signature project Recently, we completed the lease acquisition in Downtown West Palm Beach of corporate headquarters for Petters Group Worldwide, owners of Sun Country Airlines, Polaroid, Sunbeam, Oster and other national brands. Now that this and other projects are complete we could focus our full attention on the Parking Garage Project. We do not have any competing projects to pull our full attention away from fhe marf~eting of this project. With extensive market data, research, and a history of success at our fingertips, We can provide comprehensive investment analytics that help to evaluate and increase return on investment, whether you decide to sell, lease or do a combination of both.ln this folder, I have included lease and sale comparables in the area. Very briefly, comparable leases are running at around $30.00/sf/Year NNN and sales are running realistically in the $360-$400/foot. We will have to work with the City to determine CAM fees or Condo Fees. These of course vary based on operating expenses. 1r_~~ /"~ 'S I G~2/ Realty Group I would also like to work with the city to determine what businesses we would market the locations to. As opposed to only advertising the location in the appropriate listing portals, I would prefer to proactively search out clients by developing a plan that outlines the type of shops we need ad want as a city. New concepts actively looking for locations promote themselves to shopping centers at the ICSC (International Council of Shopping Centers). Goldstone creamery for example was brought to the area because of their exposure at this show. Susan, as you may know my family has been in Delray since the 1930's and we are very active in the community. The continued successful growth of Delray is important to me and I would be committed to delivering quality tenants or buyers to the project. Our firm is a member of the Paim Beach and Miami/ Dade Board of Realtors and MLS, we are Members of The Palm Beach Realtors Commercial Alliance, CCIM.net. and Costar. These memberships assure our properties are marketed locally ,nationally and worldwide. I believe we are the only Commercial Realtors in the Area to belong to all these organizations. Sincerely, r ~/ Bill Bathurst Broker/Owner Bathurst Laymon Realty Group 561 573 2701 1~ /' C j~G~t~~/1~~ Rm Mar/~etir~9r Progrrai» Selling commercial real estate in today's complex market requires in-depth knowledge of market trends and fast, strategic sales promotion that produces results. Once you sign a listing agreement with Bathurst Laymon Realty Group, we use the most up-to-date technology to create an exciting and dynamic marketing program to provide the greatest exposure for your property. „r Place your property on the Southeast Florida Regional Multiple Listing Service covering all of Palm Beach Miami-Dade and Broward Counties. ,~ Post your property on Loopnet, the most widely used national commercial listing database. ~ Prepare a time lined marketing strategy. ~ Arrange professional photography for your property. ~'' Prepare professionally written full-color property brochure. ,,. Market your property on the internet via our website and our database affiliations. ~ Direct mail your properly brochure to all realtor members of the National Multiple Listing Service from Palm Beach to Key West. ,~ Direct mail your property brochure to residential agents who have commercial tenants and buyers. ~"' E-mail property brochure and e-postcard sales promotion to targeted buyers. ~ Target market to prospective buyers who have purchased similar properties within a 1 to 5 mile radius of your property. ~ Advertise your property in newspaper and magazine publications. 'r Market your property through our international referral network. "' Prepare a press release for your property to be distributed to media. ~ Network with other realtors, on a regular basis, by telephone, direct mail and e-mail. ,,,, Present your property to all Bathurst Laymon Realty Group customers interested in your type of property, area and price range. ,,, Host broker open houses to ensure maximum exposure to the real estate community. ~ Provide design service to originate a website on the internet dedicated exclusively to marketing of your property. '~ Submit weekly activity and marketing evaluation reports. Your marketing program will be customized to suit the particular property. It is at the discretion of your BLRG to .include or exclude any item in the marketing plan based on a variety of factors such as price, market conditions, location of the property and length of the listing agreement. Astor Mixed Use Project Bill Bathurst • (561) 573-2701 • bbathurst@hotmail.com Prepared For: Susan Ruby i,~ ~ ,, _ -, L, _ 1 Y E ___ _ _. ~ ~ : ; __ J _ r _..._ 1 _ _ _ -~ ;ter' .,., ~~~ ~----- The Bathurst Laymon Realty Group County: Palm Beach Property Type: Retail Street Retail Building Size: 1,451 SF Price: $558,635 PricelSF $385.00 Status: Active LoopNetlD: 14647973 http://listing.loopnet. com/ 14647973 Own your own store w office one block from Atlantic Avenue great signage and window exposure Property Description Retail or Office Condo -First floor in Pineapple Grove of Delray Beach. Total of 8 Units available -floors 2 to 5 residential sold out. Delivery end of 2007 to beginning of 2008. On-street and commercial parking on first floor of parking within the complex. Monthly Condo Fees without reserves $420 estimated. Project developed by the Altman Company. Location Description One block from Atlantic Avenue in Downtown Delray Beach. Frontage on NE 2 Ave {Pineapple Grove Way) -within walking distance to approx 1000 new mid-rise condo units. Lots of expected foot trafflce. Across the street from City Parking Garage. One block from Old School Square Cultural Arts Center. Created: 4/72/2007 LoopNet, Inc. ©Copyright 1995 - 2007 F` ~,y,.u; F ~, ~ _ This information comes from users and sources believed to be reliable, but is not guaranteed. ~ Atlantic Grove 01 Bill Bathurst • (561 } 573-2701 • bbathurst~hotmail.com Prepared Far: Susar>t Ruby __ The Bathurst Laymon Realty Group http://listi ng.looonet. com! 14980531 Great downtown Delray Beach Location accross from Kitchen Courthouse Conference F2ooms 1=xecutive Suites High end finishes throughout Availabel famished turnkey Property Description Newer construction, second floor, 1950 sq. ft. office condo in the Downtown cafe district of Delray Beach close to the ocean. Located across from the Courthouse and New Library -Easy access to I-95 and US 1. Superior finishes throughout, will sell famished turn-key. Flexible floorplan features Kitchen, Conference Rooms, Executive Suites and Staff Areas. Building is 3 stories with retail on first level and Professional offices on floors 2 & 3. Location Description Located in Charming Downtown Delray Beach between Boca Raton and Boynton Beach, building is called Atlantic Grove Condominium set on Atlantic Blvd. Across from the courthouse and next to tennis center. Created: 4/12/2007 LoopNet, Inc. ®Copyright 1995 - 2007 This information comes from users and sources believed to be reliable, but is not guaranteed. F~'~"-`r~~ G'3` ~~ Atlantic Grove 01 Bill Bathurst • (561) 573-2701 • bbathurst@hotmail.com The Bathurst Laymon Realty Group Prepared For: Susan Ruby ft ~ o o • • Type: Actual No Debt & Equity Information provided. No. Stories: TaxID/APN: 124346176101150010 Created: 4!12/2007 LoopNet, Inc. ©Copyright 1995 - 2007 This information comes from users and sources believed to be reliable, but is not guaranteed. F~ we^r-•, try LOd~~2t- Subway Restaurant NNN Investment Bill Bathurst • (561) 573-2701 • bbathurst@hotmail.com Prepared For: Susan Ruby ~~ ~ , I ~~ - - ,,. The Bathurst Laymon Realty Group County: Palm Beach Property Type: Retail Retail (Other) Building Size: 60,000 SF • Occupancy: 100% Price: $375,000 Price/SF $6.25 Net Lease Investment: Yes Status: Active LoopNetlD: 15056469 http://listi ng.loopn et. com/15056469 Retail Condo with Subway Tenant Atlantic Avenue exposure with 38,000 cars a day 985 SF Retail Condo Restaurant space on Atlantic Avenue ~ -Office Fax 561-243-0097 Property Description PROPERTY ONLY -EXISTING TENANT STAYS. 985 SF Condo in Atlantic Grove mixed use project on Atlantic Ave in Downtown Delray Beach. Built out with 2 handicap restrooms, kitchen/work area, retail counter, inside and outside seating Subway currently has 7 year initial lease started Aug 04 plus 2 x 5 yr option. Current base rent approx $25 per square foot with annual increase of 3% or CPI, whichever is greater not to exceed 5%. Lease is NNN with annual increases. Subway is original tenant building completed in early 2004. Parking on street in front of building and rear parking lot. Unit has retail entrance at rear near parking. Building is mixed use with Retail first floor, office second floor and residential third floor. Additionally there are 65 townhomes in rear connected to this project. 2006 taxes $6,500, Condo dues quarterly $1,150 -tenant pays RE taxes and Condo dues. Subway did upgrade the A/C to larger size and there is no hood access for this space. The tenant is staying, the business is NOT for sale. The lease is corporate Subway lease with a Franchisee running business. Read lease attached about default page 12 para. 21 - if tenant defaults tenant only pays 1 month rent Lotatlon Description Fronting Atlantic Avenue accross the street from South County Courthouse and next door to Delray Tennis Center and Old School Square Cultural Arts Center. Traffic count on Atlantic Ave is 38,000 cars per day. Created: 4/12/2007 LoopNet, Inc. ©Copyright 1995 - 2007 This information comes from users and sources believed to be reliable, but is not guaranteed. ~~`~'"~~' ~~` ~~~~ Subway Restaurant NNN Investment Bill Bathurst • (561 } 573-2701 • bbathurst@hotmail.com The Bathurst Laymon Realty Group Prepared For: Susan Ruby Created: 4/12!2007 LoopNet, Inc. ©Copyright 1995 - 2007 This information comes from users and sources believed to be reliable, but is not guaranteed. f ATLANTIC GROVE Bill Bathurst • (561) 573-2701 • bbathurst@hotmail.com GREAT LOCATION! SPACE IS BUILT-OUT! PERFECT FOR RETAIL OR OFFICE! The Bathurst Laymon Realty Group County: Palm Beach Property Type: Retail Street Retail Building Size: 1,057 SF Price: $549,000 PricelSF $519.39 Net Lease Investment: Yes Status: Active LoopNet ID: 14816129 http://listing.looonet.com114 816129 DOWNTOWN DELRAY BEACH! MOVE RIGHT IN! OWNER/USER OR INVESTOR! Property Description RETAIL SPACE AVAILABLE ON ATLANTIC AVENUE IN TRENDY DOWNTOWN DELRAY BEACH! RETAIL OR PROFESSIONAL OFFICE - OWNER/USER OR RENTAL INCOME OF $35 PLUS $6 CAM. NEWER 3 STORY BUILDING WITH RETAIL, OFFICE, AND RESIDENTIAL LOFTS ON BUSY ATLANTIC AVENUE! OTHER TENANTS INCLUDE: TONY'S MARKET, SUBWAY, SALON 301, QUIZNO'S, ZIREE THAI, THE SAKE ROOM/LOUNGE, & DRYCLEANING. PLENTY OF PARKING 8~ TRAFFIC IN THIS CENTER. STOP BY OR MAKE AN APPOINTMENT TODAY! Location Description LOCATED DIRECTLY ON ATLANTIC AVENUE. TAKE I-95 EAST 1 MILE, ACROSS FROM COURTHOUSE AND NEW LIBRARY! Created: 4/12/2007 LoopNet, Inc. ©Copyright 1995 - 2007 This information comes from users and sources believed to be reliable, but is not guararrteed. Pswty!-~. iii L0[~2t Prepared For: Susan Ruby ATLANTIC GROVE The Bathurst Laymon Realty Group Bill Bathurst • (561) 573-2701 • bbathurst@hotmail.com Prepared For: Susan Ruby t-~ • ~ Type: Actual No Debt 8~ Equity Information provided. Cross Street: ATLANTIC AVENUE Created: 4/12/2007 LoopNet, Inc. ©Copyright 1995 - 2007 This information comes from users and sources believed to be reliable, but is not guaranteed. p-~K'wr=;+ trp. ~ Astor Mixed Use Project Bill Bathurst • (561) 573-2701 • bbathurst@hotmail.com The Bathurst Laymon Realty Group Prepared For: Susan Ruby t-. Type: Actual No Debt & Equity Information provided. No. Stories: Created: 4/12/2007 LoopNet, Inc. ©Copyright 1995 - 2007 This information comes from users and sources believed to be reliable, but is not guaranteed. Fs~w~r=_°~ iru ~~- Pineapple Grove Retail Masterpiece Bill Bathurst • (561) 573-2701 • bbathurst@hotmail.com Prepared For: Susan Ruby The Bathurst Laymon Realty Group County: Palm Beach Property Type: Retail Street Retail Building Size: 1,680 SF Lot Size: 2,858 SF Occupancy: 100°/. Price: $559,000 Price/SF $332.74 Cap Rate: 6.30% Status: Active LoopNetlD: 15046175 http:/llisti ng.loopnet. com/15046175 Fabulous ~tenovation Awesome Pinapple Grove Location Retail/Office Imapct Glass Windows Steps from Atl Ave and Pinapple Grove Mainstreet Perfect for OwnerlUser Property Description Totally exterior remodel of this 3 bay retail/office building in the heart of the Pineapple Grove Historic Arts District. Many improvements happening on this block, New high end restauarant. Bay 341 contains a Bakery paying $1,000. a month, with their lease up 09/30/07 they would like to stay and would certianly pay much more to not relocate as they have a very good business. Bay 343 is occupied as an office with accessory storage and new bamboo floors in the office portion lease expires 12/31/07, Bay 345 wil be occupied by partial/owner agent and will be paying $1500 a month in rent just had an idustrial grade pure white epoxy resin floor poured showroom quality and will also, include high end build out, spiral metal ductowrk, kitchenette, etc... Bays 343 and 345 have new central air. Building had brand new roof, All impact Glass windows. Bay 345 could vacate for owner user and collect rent from other 2 bays to offset mortgage costs. Property includes 8 parking spaces Locatfon Description Downtown Delray, Pineapple Grove Historic Arts District 3 blocks from Atlantic Ave and 1/2 block from Pineapple Grove Way and Ironwood Properties Cannery Row Development on the Former Publbc Site. Tons of potential last part of the Pineapple Grove Redevelopment District, 1/2 block to Pinapple Grove Village Condominiums. Don't pass this up!!! Created: 4/12!2007 LoopNet, Inc. ©Copyright 1995 - 2007 This information comes from users and sources believed to be reriable, but is not guaranteed. '" "`"~"~" ny Pineapple Grove Retail Masterpiece Bill Bathurst • (561) 573-2701 • bbathurst@hotmail.com The Bathurst Laymon Realty Group Prepared For: Susan Ruby ~-. Type: Actual No Debt & Equity Information provided. Net Operating Income: $35,217 No. Stories: 1 Cross Street: Parking Ratio: 4.7/1,000 SF TaxID/APN: Created: 4/12/2007 LoopNet, Inc. ©Copyright 1995 - 2007 This information comes from users and sources believed to be reliable, but is not guaranteed. NE 3rd AvenueME 3rd Str 12-43-46-16-01-069-0070 F.+w3~~9 6r I.oopkl~€C Commercial Customer Report Address: 137 SE 15T AVENUE Use: PROF OFFICE # of Offices: 5 Seating Capacity: Tot Units: 5 # of Tennants: 0 % Air Conditioned: 0 Parking Spaces: 22 # of Bays: # of Toilets: 0 Acres: # Loading Docks: # Meters: 5 MLS#: 82733766 List Price$ 360,000 MLS#: 82733766 St: Active Area: 4370 GEOArea: PB06 For Sale: Y For Lease: N Address: 137 SE 1ST AVENUE City: DELRAY BEACH County: PALM BEACH Parcel: 000000000000000000 Legal: The Mark-Downtown, Zip Code: 33444 Zoning: cbd Subdivision: THE MARK-DOWNTOWN Dolphs Page: Tot Bldg SgFt: 1,D39 Coord: Year Built: 2007/ NEW Miles to Expressway: Lease: NONE Miles to Beach: Min Lse Months: Prop Desc: Office/Retail Dir. SE 5th AVE south to SE 2nd St west to site. 2 blks S. of Atlantic Virtual Tour. http://www.themark-downtown.com Tax Year. 2007 RE Taxes: $0 Ann Assoc/Condo Dues: Gross Sched Inc: Gross Oper Inc: Inc/Exp Stmt Per: Management: Advertising: Taxes: $0 Tot Assum Loans: Tot Mtg Balance: Source of Expenses: Trash: Acct and Legal: Utilities: Insurance: Misc: Service: Loc: CEN BUS DIS yyb{rnt; Type: CONDO Sale Ind: NONE Ten Pays: NONE Misci: Misc2: FeeInd: Heat: OTHER Dots; DEED REST Cooi; NONE Const: CONCRETE Utils: PUBLIC SEWER, SEP METER, 101-200 AMP Secrty: Roof: BUILT-UP Fire: NONE Ceiling: Spec Info: Floors: CONCRETE Info: PHOTOS EXCITING NEW CONSTRUCTION LOFT DEVELOPMENT DESIGNED BY GEORGE BREWER. THE COMMERCIAL CONSISTS OF 5 UNITS. 3 IN THE NORTH BLDG (OFFICE ONLY) AND 2 II THE SOUTH BLDG(OFFICE/RETAIL). 50LD AS A SHELL BUILDER TO DEL FLOOR & PLUMB STUBS. Pend Dt Clos Dt: CDOM:O DOM: 178 Terms: ---- Information herein deemed reliable but not guaranbaed. -- Copyright 2007 Regional MLS, Inc. Other Income: Net Op Income• Vacancy Rate: Total Expenses: Supplies: Maint Repairs: Common Ar Maint: SP: 04/i2/07 09:35 AM PID:000000000000000000 Orig. LP$ 360,000 RP: $599,000 Lease SF/YR: # Stories: 1 Max Ceiling Hgt: 13 Inter Ceil Hgt: Door Height: ~~~~. CityWalk in Pineapple Grove Bill Bathurst • (561) 573-2701 • bbathurst@hotmail.com Prepared For: Susan Ruby The Bathurst Laymon Realty Group Total Space Available: Divisible To: Maximum Contiguous: Occupancy: Building Size: Year Built: Status: LoopNet ID: New -Scheduled to open October 2006 Located in Booming Downtown Delray Beach Stores front directly on Pineapple Grove Way (2nd Ave). Dedicated Parking Retail and Restaurant space from 1,000 to 3,600 Property Description New Retail and Restaurant directly on Pineapple Grove Way -sizes start from 1,000 square feet Location Description Located in the center of Pineapple Grove in Downtown Delray Beach. 2 blocks north of Atantic Avenue. Zoning Description CBD Additional Types: Restaurant Created: 4/12/2007 Loo Net, Inc. ©Co ht 1995 - 2007 This nformation comes fromnugsers and sources believed to be reliable, but is not guaranteed. Farr~'`~j ~~~ ~'N~- http:l/l isti ng.loopnet. com/14699048 The Haven Bill Bathurst • (561) 573-2701 • bbathurst@hotmail.com Prepared For: Susan Ruby The Bathurst Laymon Realty Group ® ~ ~ { , ,; County: Palm Beach ~ F ~ ~ ~ ~ ' Property Type: Retail ' ~•*~ ~ . ~-~ttk Restaurant Total Space Available: 1,600 SF Divisible To: 450 SF Maximum Contiguous: 1,150 SF + ., ' ~ Building Size: 1,600 SF ~~ ~ - ; '' i Year Built: t'; Status: Active LoopNetlD: 15065109 ~~ a~~~r`~ httpa/listin .loopnet com/15065109 .. .. r .. .- ,. - .. e .. 1 1,150 SF $28.00/SF/Year Immediate Retail Modified Gross Sublease: No 2 450 SF $28.00/SF/Year Immediate Retail Modified Gross Sublease: No Rapidly postively changing residential redevelopment area One block from the soon to be completed public parking garage Between Atlantic Ave and all of the new Pinapple Grove Front and rear paito outdoor seating residences Excellent community support and potential for a new food operation Property Description Until now, this property has been available as a retail store or office. An application was approved by the city 03/28/2007 to purchase additional parking spaces required to convert this to a food operation. There are two more hearings pending however the consensus is that this would be a great location for a restaurant. The property would need to be redeveloped Two story Building in heart of hot downtown Delray Beach. Tennant pays utilities. Insurance on interior and locals sales tax. Fantastic location close to Atlantic Ave, Downtown Delray Beach, Intracoastal and the Beach. Also is very close to governmental facilities (City Hall, Fire & Police Stations, Public Library and Courthouse) and entertainment (world renowned Tennis Center, Old School Square Cultural Arts Center and Atlantic Avenue Shopping and Dinning). The Property is within few minutes of driving to main thoroughfares such as Interstate 95 and the Florida Turnpike, making it close to all the main locations in S.E. Florida, both for business and pleasure. Delray Beach offers an unparalleled quality of life: Located in the southern end of Palm Beach County, the City has experienced substantial growth to 64,000 people Created: 4/12/2007 LoopNet, Inc. m Copyright 1995 - 2007 This informafion comes from users and sources believed to be reliable, but is not guaranteed. Faw~~u, ro~ LflOjliNEt- The Haven Bill Bathurst • (561) 573-2701 • bbathurst@hotmail.com Prepared For: Susan Ruby The Bathurst Laymon Realty Group ._ __ Location Description - Federal Hwy West on Atlantic Ave North on NE 2ND ave 1 1/2 blocks on right.or I-95 to Atlantic Ave, East to 2nd. Ave, Nor#h to property on East side.Fantastic location on 2nd Ave in Pineapple Grove. business and pleasure.Delray Beach offers an unparalleled quality of life: Logted in the southern end of Palm Beach County, the City has experienced substantial growth to 64,000 people today. It is home of corporations such as Office Depot, Oriole Homes and Levengers. The City has been recognized as an All-America City both in 1993 and in 2001, which makes it the only Florida city to ever win the designation twice. Zoning Description Central Business District No. Stories: 2 Parking Ratio: 5/1,000 SF Cross Street: Additional Types: 2nd ave and 2nd street Free Standing Bldg Created: 4/12/2007 LoopNet, Inc. ©Copyright 1995 - 2007 This information comes from users and sources believed to be reliable, but is not guaranteed. F`~r,`=_°ru; by Ii.OQptQet` 1301 & 1313 W. Boynton Beach Blvd, Boynton Beach, FL 33426 DESCRIPTION: r.~ ~, ;~ _ _- • Excellent Exposure • Anchored by Blockbuster Video & Re/Max Realty • Award Winning architecture TRANSPORTATION: • Located half block east of Congress • Proximate the Boynton Beach Mall • Direct access to I-95 and Florida Turnpike AREA STATISTICS: • 204,000 residents within 5 miles • Over 42,500 cars daily. • Average household income $64,985 within 5 miles For leasing information contact: Ingrid L. Kennemer, CCIM Ann M. Jara Office: (561) 243-0096 Fax: (561) 243-0097 t ASTAL ~~°~$e ~~~~ ~~`~~ COMMERCIAL GROUP, LLC 522 NE 2°° Street Delray Beach, Florida 33483 NOTE: This offering subject to errors, omissions, prior sate or withdrawal without notice. NML 127592-Z Cross Creek Centre -For Lease Prime Retail /Office Center 0-11 ~ -- 1 K K i 0-5/6 - ~ ~ o-a ~ 0-2/3 ~ 0-1 ~ ~ ~ z ~ t ~ ~K R-13 j R-13B ~ i R-12 ~ R-10 -~ R-8/9 r -7 R-4/5 li R-3 " ~ R-2 ~ R-1 ~ - E ~ 1 1 ~ t ~ - 1 I D J m x v W m z 0 F- Z 0 m CROSS CREEK CENTRE BOYNTON BEACH, FLORIDA Owned and Managed by: J De~holtz w ~ ~.:. Developing Solutions EAST BUILDING SPACE FLOOR AREA 0-1 2960 SF 0-Z4 3700 S F 0-5/6 1670 S F 0-7 900 SF 0-8 900 SF 0-9 1350 SF 0-10 450 SF 0-11 3762 SF Totai 15,692 SF WEST BUILDING SPACE FLOOR AREA R-1 5537 SF R-2 992 SF R-3 1500 S F R-4/5 1487 SF R-6 977 SF R-7 1219 SF R-8/9 1760 SF R-10 992 SF R11 905 SF R-12 1453 SF R-13 1940 SF R-13B 1255 SF Total 20,017 SF i ~~ ~ I~n~~id Ken~enler, GCI ~r =:~~ ASTAL inn Jara ~ } _ . , ~ r .. ~,~~~~ ~~..~~ .,~___ , 561 2~3 0096 i'„', j r~ ~ ~ S61 Z~~ OU96 ~~~' COMMERCIAL GROUP, LLC .~; ~, Grand Bahamas Professional Park -Ownership At The Cost of Leasing! Delray Beach -brand new construction in Delray Park of Commerce. 15 beautiful individual Key West-style cottage offices in a park-like setting. Metal roofs, inviting front porches, wood floors and French doors are just a few of the features you can expel to find! 1,200 SF and up. Starting at only $309,000 -complete! Your Local Professionals With Proven Results! www. coastalcommgroup. com FOR LEASE: Boynton Beach ~ Cross Creek Retail/Office Centre - 1,000 to 3,000 SF retail next to Blockbuster on Boynton Bch. Blvd., E. of Congress. ', Boynton Beach _ MedicaUProfessional-Seacrest Professional _ 1,400 SF office for lease adjacent to Bethesda Hospital. ', Delray Beach -- Medical and Professional Space ~ 3,355 SF office space. Congress Avenue, great signage, great parking. Xx'. ~ y •` 'C. I ~ 3= ~~~~ ~ ~a - ~ ~~~ S'} Y~' S '~ ~. t~ox8.'~ 34 ' nil. w .-..~~ ~~~ . .yam.. _~>: . ~ASTAL COMMERCIAL GROUP, LLC ~ .~. _ t ~„~-.,~ _ ~ 3 Ingrid Kenney ~~~+ g l~r ~~ ~ ~~~ ~~ - s , Delray Beach Multi-Family 3/2 Bungalow and detached 1/1 cottage on double lot. Can accommodate 3-4 units. 4 blocks from Atlantic Ave. Asking $595,000 Ocean Ridge Multi-Family 8 unit beach getaway! Completely renovated, walk to private beach! Open-beam ceiling with lofts. Asking $980,0000 Boynton Beach Free Standing US 1 Redevelopment, 1,840 SF, onsite parking, great signage-Owner part of the action! $339,000 Ocean Ridge Multi-Family Old-Florida charm duplex with deeded beach access. Open-beam ceilings. Well-maintained. Asking $365,000 Downtown Delray Cottage 1,062 SF beautiful cottage, S+on-site parking spaces, wood floors, ready to move in! $550,000 ALSO FOR LEASE Boynton Beach Free-standing 1,700+ SF building on North Federal Hwy. On-site parking, zoned C4. Great exposure! REDUCED - $329,000 Office Space Old School Square Office Building 75NW1Ave,Suite1O2 Immediately Available • 1,585 Rentable SF • $28 base rent • $11.00 CAM • 3 or 4 large private offices • Waiting room & Reception • Conference room, 2 flex spaces • Break room /copy room • Pre wire for phone /computer •~ -. • Great parking • Building Signage • Elegant foyer, elevator & reception areas • First floor suite with exterior access . Across from Delray Beach City Hall • Across from S County Court House ASTAL COMMERCIAL GROUP, LLC 1045 E. Atlantic Avenue, Suite 205 Delray Beach, FL 33483 FOR INFORMATION CONTACT: Ingrid Kennemer, CCIM 561-441-0967 _:°~~., Quality..... the cornerstone of everything we do No warranty or representatron, expressed or implied is made as to the accuracy o/the information contained herein and same is subject ro errors, omissions, change o/price, rental or other conditions, withdrawal without notice, and to any special listing conditions, imposed by our principals. _. }~; -- For Sale 90 SE 4th Avenue , ~ ~ ~ ~ot ~ N.O. ~N ~ ~p € . , ~`~• - Lor n o . BLOCK 93 x~'r``• r sroRr~cD~ RciAL ~ ~~-. g x~wa x,~,'~ 1 3 x~k~a wAI ~_ E 'S 6~ 6 '6 - '0 0 1'310 •~' F14~ +u 9~ -. Sx ~ l R ~ ~ x zs.o• . . ~ ~ ~ ~ ~ ~ ,Z ° ,`y ~ FOUND N.O. ti t 14 . /• ~~N ~ ~o LOT 18 < BLOCK 93 °p h L~ 4 ~3x 3~~ ATL WA; A\c °w t w ~<z~ W FLO ~~~ +O (N Y7ES ~ \ \`x~1 N ~wooD FfNCf \ ~ ~ O I AROUND DUMPSTER ~ . < i I ~~NOIT LOCATED Nr y¢ DIRT ~ CRASS PARKNJC 26 _n~y0 r A\C P A V f D h ~ ~ ~I ~ 3 ~ 2...~ e +ti CDAIMERC/A~ BU1LDllJG < ~ U ~ ~ y N Q ~ * + ~ ' DESI ~ ° ° ~ ~ ~ a~ LOT 19 ~,, . e .. ~ i fl Lor ; *~ BLOCK 93 ~ ~ `* ~ ~ P, ~ 9T _ BO.T < SS i M)4( '~' _ _ _ _ _ _ _ ~_ PfPF,. _ BASNJ b .0. S • P ~ J 4 O6 x~M k5 j ~g x T_ kk1 S' CONC. WALK y.3f.32 , Imo!! ~~ , ~ ~ wuv ..m c> SfT I.R. x~~ 2~ _ _ ~ s.Ex~°~1sr sr. _ ,,,,, (49' PAVMIG) '_ ~ gym. ~_~ ~'`2~`~'g'~ ky t Ix~M• . !~ r-~~ Asking $1,250,000 • 3,660 SF Building • 9,450 SF Land 70' x 135' • Zoned: CBD, Delray Beach • Corner location on NWC of SE 4 Ave & SE 1 Street • Building sold As-Is • Across from Old Library site- great redevelopment opportu- n ity • Taxes 2005: $11,162 • New roof 2006 • Rear area for parking FOR INFORMATION CONTACT: Ingrid Kennemer, CCIM 561-441-0967 Quality..... the cornerstone of everything we do No warranty or representation, expressed or implied is made as tD the axuracy of the inlDrmation contained herein and same is subject to errors, omissions, change of prfce, rental or ~. other condtions, wkhdrawal without notice, and fo any special listing conditions, imposed by our principals. c h.tl ::~` ~.' Astor Commercial Condominiums Price List 1/17/06 Unit # Sq. Ft. Size Sales Price Notes: 1 2 3 4 5 6 7 8 1,451 1,138 969 1,199 988 1,417 1,988 1,487 558, 635 Sold Sold Sold Sold Sold Sold Sold 10,637 Total Sq. Ft. Prices subject to change without notice. ~ASTAL ,` COMMERCIAL GROUP, LLC Ingrid Kennemer, CCIM 5 61-441-0967 No warranty or representation, expressed or implied is made as to the accuracy of the information contained herein and same is subject to errors, omissions, change of price, rental or other conditions, withdrawal with- outnotice, and to any special listing conditions, imposed by our principals. ,= -~ Astor Commercial Retail Units Standard Feature Sheet Hurricane Shutters, Above Signage Lighting & Conduit for sign lighting, Private Bath stubs only, No flooring included, Separate Electric & Water Meters, Air Conditioning Condenser (roof top), Estimated ceiling height from Finish Floor 13'4", Designer ready raw space, Cable TV Availability, Fire walls per minimum code requirements, Sprinklers per minimum code requirements, Mechanicals &/or chases required per mixed-use (residential units) above commercial units and will extend within Buyers Unit Dimensions approximate. Plans & prices subject to change, modifications, errors and withdrawals without notice. Oral representations cannot be relied upon as correctly stating the representation of the developer. For correct representations, reference should be made to the purchase and sale agreement and condominium documentation. Aug 5, 2005 ~ASTAL COMMERCIAL GROUP, LLC Ingrid Kennemer, CCIM 561-441-0967 ~~ U V~ ~^ V O 1 ~ r---I a~ ~ • rl ~.~1~I I~ i~_ ~ \\ ._ ~~ ~ l rJ I 1 I I ~ ~ ~I ~,~ ,, ~; , , ~ ~ j !I ~I i L ! _J~ ~I I i --' ~~. ~ ~ ~~ I ~ ~ I I I I .' y~ I I ~ ~ ~ ~ __ __ \ \ ~ ~ I / 3 `~ ~ ~ i C ~~~ ~ c ' ~ i\~~ i M .-~ iw ~ v ~ ' I \ , , ~, I ~' p a ~~ I o ~ o .~ 4 G~ ~ ~ . z~ 1~ ~~ I _ i I i j i ~ r j ~~__ - i I1 I JI i,ll u ~I ~_ i II 1. _. ~ ~ s I, ;~ i I. i` u ;j ~J i. ,: __~---si- ,~~ Vw1 " ~i ~ ~ 5 .--+ ty f G ~ '~ f@5Q~ '_._.Lf"~._ _. _ J ~~ ~ ~' C~ ! ~ -.o a ------~. ~~ __.+ ~c ~~ ~"~ ----~-~/ J ~-~ ° ~ Q ~I ~F o ' ~ ~~~ Q ~. L J I I m9 r ~~ - ~ `i I/ ~ ! I . ~ , ~n w ~g~~t C!~ V ~ ~+ 00 f ~ _ rA a u .~: ~ ~_ ----____ ______------ w ~ v ~ ,::~~ ~ ~ >, ~ ~~ ~ n ~ 1 ~! R ~~~ G ~I ~ ` _ I_ '- ,. ~ -~ ' ~, o, - <, ~ ~ ~~~ Wa, - . ,~ w , ~ - - ~~ 7 M i i I i I v Cd .fir I ~ ~ I y .D ~ O ~~ I U ~ I ~ y I ~ yy . O ~ W I ~ °' I I ~ U ~ ~. I ~~ f j p o yIT ~ ~ I ~ ~ ~..+ I ~ ~ ~ ' ~3 .° °o m ~ N 3 a '" i ~ ~ ~ w I y ~ ~-, i '3~d I ,~ c 0 ~ ~ I a ° ' ~ ~ ~ ~ -~ o ,,, ~ I~ ~ ~ .~ I ~~~ I U O 'd ~ O ~w o I I ~ ~ ,~ '° N I ~ I o~ ~, -~ ~ w , ~ o h O ~ . i ~ i ~ i i i ~ 6l o ~~ ~ ~ I J. T ~- I I ~ ~' ~ ~„~ ~ i ,~.,~ ~ - it ~ I ~ ~ w i i ~; '~ I I ~ en ' ~ V J __ _ _ `" s ~l ~ ~ - f__ti u ~~ ~S~ ~'~ I ~~ I y a~ °~ I ~ ~ I - z . J cC v ~ i I '. I ~ ~ ~ ~ =off: I ^~++ ~` ~' e e e 'cI I i Q ~~~ aoa~ -r-~._. _ _. _._._,_._._,_._._._._._.-_,~- I ,~~ i--~ 1 ASTAL ~ _ COMMER.CIALwGROUP, LLC Astor Commercial Condominiums Estimate Dues Square Unit Mo Fee Unit Mo Fee Unit Annual Unit # Footage % Share W/O Res W/ Res Fee W/Res 1 1,451 SF 1.01422 $419.03 $521.59 $6,259.10 2 1,138 SF 0.82355 $340.25 $423.53 $5,082.40 3 969 SF 0.70125 $289.73 $360.64 $4,327.64 4 1,199 SF 0.87480 $361.43 $449.89 $5,398.66 5 988 SF 0.72085 $297.82 $370.72 $4,448.61 6 1,417 SF 1.16685 $482.09 $600.08 $7,201.02 7 1,988 SF 1.63705 $676.36 $841.90 $10,102.78 8 1,487 SF 1.22450 $505.91 $629.73 $7,556.76 611 /205 Pnces su sect to change without notice. STAL Ingrid Kennemer, CCIM ' "= ~ _ A 561-441-0967 COMMERCIAL GROUP, LLC No warranty or representation, expressed or implied is made as to the accuracy of the information contained herein and same is subject to errors, omissions, change of price, rental or other conditions, withdrawal with- out notice, and to any special listing conditions, imposed by our principals. ~. M1r. J Q Q J d V-' W fnC70N ~ga~-~ ~UfA~H rq~a¢~ ~~v~Ow a~~ma. G U J r~ 4/ v ~.c..~ cL L ~:: ~t'•~;~n v C!1 ~ ~ ~ O ~ w ~ 4~ A '~ CJ ~ O ~ Q Cn ~ ~ ~ ~ ,~ N ~ ~ o ~ V * ~ . ~' N ~ ~ ~_. n=Q ~ L r ~ •~ ~ [ ~ y •~ ' ~ Q C w ~ a~ ~ ~ `m~o~ C1 r ~ ~ M ~ ~ ~. o °W Q w C ~ GO ~y~ ~O ~ L ~ M O ~ ~ O O ~ i ~ cv ~L M w ~ +~ ~ ,•a ~° U ~ a ~ _ N For Lease Delray Beach z rnr o doe, 4 ~ larg w ~~`~I~ station ti, s ~ m~ r ,:.: confe e~ '~ roo2nd FI '~~'eral Highway ~ASTAL C.OMMERQAL GROUP, LLC 1045 )~ Atlantk Ave #205 Delray Beach, FL 33483 75NW1Ave 1,585 Sq. Ft. 4 private offices, 2 open areas copy room, storage great parking, waiting room across from City Hall /Court House Your Local Commercial Specialists with proven results! Buying or Selling we have product & prospects for you! Ingrid Kennemer CCIM 561-441-0967 PRSTD STD US POSTAGE PAID BOCA RATON, FL PERMIT #0424 Photographs compliments of: Boynton Beach bridge - C. Crawford -City of Boynton Beach Recreation Dept Sundy House -Sundy House Train Station -Art NeJame -Palm Beach Photographic Workshops For Sale Boynton Beach ~ASTAL COMMERCIAL GROUP. LLC 1l}45 E. AtJantk Ave #2U5 Delray Beach. FL 33483 2 x 4 unit Multi-Family 2210 & 2202 SE 3rd Street Land 63' x 109' each 1 bedroom - 1 bath units Building SF = 2,635 each Laundry On-Site Plenty of parking sold together or separately 2 -story Buildings Your Local Commercial Specialists with proven results! Buying or Selling we have product fJt prospects for you! Ingrid Kennemer CCIM 561-441-0967 PRSTD STD US POSTAGE PAID BOCA RATON, F PERMIT #0424 Photographs compliments of: Boynton Beach bridge - C. Crawford • City of Boynton Beach Recreation Dept. Sundy House - Sundy House Train Station -Art NeJame -Palm Beach Photographic Workshops Just Listed Delray Beach 134 SW 10th Ave. Asking $249,900 ~ASTAL COMMFRCL4L GROUP, LLC 522 NE 2nd St Delray Beach, FL 33483 Single Family house with RM (multi-family) zoning Growing area Room for expansion 6,900 sf of land Great opportunity 1.5 blocks south of Atlantic Ave. Call for a free property assessment today! Your Luce! Commercial Specialists with proven results! Buying or Selling we have product & prospects for yoa! Ann Jara & Ingrid Kennemer, ~C~ 561-436-3335 PRSTD STD US POSTAGE PAID BOCA RATON, I PERMIT #0424 Photographs compliments of: Boynton Beach bridge - C. Crawford -City of Boynton Beach Recreation Dept. Sundy House - Sundy House Train Station -Art NeJame -Palm Beach Photographic Workshops For Sale Boynton Beach 2 x 4 unit Multi-Family 2210 & 2202 SE 3rd Street ~_ ASTAL COMMERUAL GROUP. u-c 1045 E. AtJantfc Ave #205 Delray Beach. FL 33483 Land 63' x 109' each 1 bedroom - 1 bath units Building SF = 2,635 each Laundry ~n-Site Plenty of parking sold together or separately 2 -story Buildings Your Local Commercial Specialists with proven results! Buying or Selling we have product & prospects for you! Ingrid Kennemer CCIM 561-441-0967 PRSTD STD US POSTAGE PAID BOCA RATON, FI PERMIT #0424 Photographs compliments of: Boynton Beach bridge - C. Crawford -City of Boynton Beach Recreation Dept. Sundy House - Sundy House Train Station -Art NeJame -Palm Beach Photographic Workshops ~,~ .t---- C t -1-- ~6~~~ ...._....~ i ---~ ~ _...... ............ .. . ~.:~ N~ D'DD' E~ '~ • 149.E •~-; ~ :$ -. ~ ~f r i xt m N ~, ASTAL COMMERCIAL GROUP, LLC Ingrid Kennemer, CCIM Marketing Plan The purpose of our marketing program is to implement a successful marketing plan in an expedi- tious and effective manner. Our aggressive marketing program will expose your property to the mar- ket and generate prospects. Our main objective is to attract qualified prospects for the property at the best terms and condi- tions that the market will bear. To accomplish this objective we will engage in the following tasks and execute them with tenacity and persistence: Signage We will provide an appropriate size sign, which includes the highly recognized logo identifying Coastal Commercial Group as your agent. This sign facilitates inquiries by aiding prospects and other brokers in identifying the property. Brokerage Communi Coastal Commercial Group's philosophy toward the brokerage community is one of full coopera- tion. Our goal is to make doing business with our firm easy and efficient. We encourage co- brokerage and every effort will be made to acquaint the brokerage community with the property. We will directly contact local brokers to keep them informed about the availability of units at the project as well as include them on our direct mail pieces. Marketing Highlights • Announcement: To begin the marketing program under "full power', there will be an announcement to the brokerage community communicating Coastal Commercial Group's new role as exclusive agent for your property. • Advertising: Market specific advertising toward the local and commercial publications. These publi- cations will be rotated to maximize exposure to the market. 1. "The Heart of Delray° - a monthly direct mail news magazine sent to homes in Boca Raton, Delray Beach and Boynton Beach. 2. "Tradewinds" Delray Beach Chamber of Commerce monthly newsletter published by the Sun Senti- nel. Direct mailed to Chamber members and inserted in local newspaper distribution. 3. First Florida Commercial -monthly periodical available at South Florida grocery stores and mailed to the South Florida Brokerage community. 4. Other local community publications and advertising opportunities will be pursued as appropriate. • Internet: Our property listings are distributed on several commercial real estate Web sites such as ccim.com, loopnet.com and MLS. • Centers of Influence: Regular solicitation of meaningful "centers of influence" such as 1. Com- mercial Society of Palm Beach County-local commercial realtors 2. Delray Beach CRA 3. Chamber of Commerce 4. Delray Beach leaders including Commissioners and local Businesses. • Direct Mail: Flyers and postcards are mailed to Chamber of Commerce members from Delray Beach and Boynton Beach as well as commercial property owners in eastern Delray Beach and Boynton Beach. • Brochures: Brochures are a very important part of the marketing plan and are used in conjunction with prospecting and mail-outs. A brochure will be prepared and several targeted mailings will be completed immediately. :.- ' ~.s- w ~ti r- ASTAL Your local professionals with proven results! ~..., :LL........~~....~, ,,.w ~ . _ _u....:~ ...z.~ , COMMERCIAL GROUP, LLC We specialize in commercial and investment properties! Working as a team allows us to offer our clients a seamless integration utilizing our years of education, business experience and acumen, and of course, expert, first hand knowledge of the real estate markets in the Delray and Boynton Beach areas. ngrid contributes years of proven results in the commercial and investment markets, with an outstanding track record including five years of experience with the nation's largest home builder working in land acquisition, development, marketing and product development. Ingrid has a B.S. in finance from Florida State University and a M.B.A. in international finance and computer science from the University of Miami. Additionally, Ingrid has earned the coveted CCIM (Certi#ied Commercial Investment Member) designation, which requires lengthy coursework, stringent requirements in terms of the number of and the dollar value of sales completed and rigorous testing. CCIM is a network linking thousands of commercial real estate professionals, representing every discipline in the industry. CCIM means national real estate contacts at the highest level. Additionally, Ingrid is a member of the Realtors Commercial Society of Palm Beach County. Ann brings to the partnership a strong financial and accounting background, with solid experience in office, retail and residential/mixed-use applications. Ann holds a B.S. in finance from the University of Florida. Ann is has been certified as a member of Real Estate Cyberspace Specialist and is member of the Realtors Commercial Society of Palm Beach County. Together in the South Palm Beach County area we sold, leased and represented over $125 million dollars worth of transactions since 2000 alone. Only 1/10 of one percent of all Realtors in the United States rise to this exceptional plateau of sales production. We have maintained this level of quality service for the past twelve years and continually strive to provide our clients with the best local knowledge and professional service possible. We truly are "your local professionals with proven results"! We are confident we can provide the necessary professionalism and expertise together with time and effort to bring the results you are seeking. Ingrid Kennemer, CCIM _ ASTAL Ann Jara 561.441.0967 ._.....~~ _:._~ .. Y..x.~ ~~.:.:_ ..:.~,:...,~:.... 561.441.0967 ;` COMMERCIAL GROUP, LLC 1045 East Atlantic Avenue Suite 205 Delray Beach, Florida33483 561.441.0967 Ingrid Kennemer, CCIM ILKccim@aol.com Objective: Professional career in Commercial Real Estate. Experience: 2003 -Present Coastal Commercial Group, LLC Delray Beach, Fl. Broker-Principal Managing & marketing of all sales and leasing activity for clients in Delray Beach and Boynton Beach area. 2002 - 2003 Coldwell Banker Florida Delray Beach, Fl. 1999 - 2002 Arvida Realty Services 1996 -1999 Prudential Realty Service Name change due to Corporate acquisition. Commercial Real Estate Broker-Agent Top producer for Dekay Beach office 6 years straight. Annual production value $35M to $40. 1995 -1996 RJS Jackson Realty Corporation Boca Raton, FL Market Analyst Mazket, lease and property financial analysis. Creation and distribution of underwriting packages for Institutional Real Estate Investment properties. 1991- 1995 Pulte Home Corporation Deerfield Beach, FL Market Analyst Land acquisition analysis and market performance tracking. Customer researcher and product development. Track regional competition and analysis of product features and buyer incentives. 1990 Bush Klein Realty Miami, Fl. Graduate Internship Mazket update and tracking of available office lease inventory in the downtown Miami submazket. Developed system for tracking and computer input of data. Education: 1998 CCIM Institute • Certified Commercial Investment Member. 1989 -1991 University of Miami • M.B.A., in Finance and Computer Science. 1984 -1989 Florida State University • B.S., in Finance. Chicago, Il. Miami, Fl. Tallahassee, Fl. Associations: Certified Commercial Investment Member 1997 -present Florida Chapter Certified Commercial Investment Member 1998 -present Chamber of Commerce Delray Beach 1996 -present Delray Economic Leaders Political Action Committee 2006 -present Chamber of Commerce Boynton Beach 1996 -present Junior League of Boca Raton 1996 -present Boazd Member Junior League of Boca Raton 2002 - 2004 Cazing Kitchen Advisory Board 1999 -present St. Joseph Episcopal School Parent Organization 2002 -present References: Kevin Borkenhagen V.P. of Entitlements and Land Development Centex Homes 3301 Quantum Blvd. First Floor Boynton Beach, Florida 33426 561-536-1032 Fred Vandercook President KB HOME Charlotte Inc. 6135 Lakeview Road, Suite 250 Charlotte, NC 28269 704 969-5715 Mazy Prince Managing Broker Coldwell Banker Real Estate 1185 East Atlantic Avenue Delray Beach, Florida 33483 561-278-0300 Timothy Hernandez New Century Communities, Inc. 398 N.E. Sixth Avenue Delray Beach, Florida 33483 954-610-7400 ASTAL Exclusive Right of Sale Listing Agreement - .. _ :, COMMERCIAL GROUP, LLC For Commercial Property This is a legal and binding contract on all parties hereto, including their heirs, legal representatives, successors and assigns and if it is not fully understood, OWNER should seek competent legal advice. This contract made and entered into by and between: City of Delray Beach ("OWNER" which term shall include singular and plural) and Coastal Commercial Group, LLC ("BROKER") OWNER hereby gives BROKER for a period of time commencing the day of ,and terminating the day of , or any renewal hereof ("Termination Date") THE EXCLUSIVE RIGHT AND AUTHORITY to find a purchaser of the real property and/or inventory or assets, arrange a merger, lease, lease with option to purchase, rent or exchange for the herein described property and personally described in Paragraph 1(A). Upon full execution of a contract for sale and purchase of the Property, all rights and obligations of the Agreement will automatically extend through the date of the actual closing of the sales contract. A. Description or real property: Street address: SW Corner of NE 2 Avenue and NE 1 Street Legal Description: B. Description of personal property (inGuding machinery, inventory, supplies and equipment): Upon the following price and terms: Cash Price: $ Per Unit to be determined Terms: (include special financing terms here) C. Interest on encumbrances, taxes, insurance premiums and rents shall be adjusted pro rata at the date of closing. Improvement liens, if any, will be discharged by the OWNER. The usual and customary time to be allowed for examination of title and closing of the transaction. Personal property to be included in the purchase price shall include ail fixed equip- ment, and plants and shrubbery now installed on said property. It is understood that the sale is to include: the good- will and name as a going concern; furniture, fixtures and equipment as per attached inventory; advertising; contract rights; leases; licenses; rights under any agreement for interests except as stated herein. Seller agrees to comply with the Bulk Transfer Act of the Uniform Commercial Code, at his own expense when applicable. Seller shall convey title to personal property assets by Bill of Sale Absolute giving good marketable title unless the sale is a secured transaction, in which case a Security agreement will be required by the purchaser. The OWNER agrees at its expense to provide (a) preparation of and delivery to the Purchaser of a warranty deed or other conveying a marketable title free and clear of all liens except encumbrances of record assumed by the Purchaser as part of the purchase price (public utility easements); (b) abstract of title or binder for marketable title insurance policy; (c) documen- tary stamps for the deed; (d) Seller's attorney fees; (e) recording fee for satisfaction of existing mortgage is paid off. 2. BROKER agrees: A. To process Property through Multiple Listing Services. B. To inspect and become familiar with the Property and promote its sale; C. To present all offers and counter-offers in a timely manner regardless of whether the Property is subject to a contract for sale; D. To advertise Property as BROKER deems advisable in newspapers, publications or other media; E. To the extent not in conflict with BROKER'S duties under paragraph 6 below, to furnish information requested by another agent or licensed real estate broker and to assist cooperating broker in closing transaction on the Property when requested. F. To take all reasonable precautions to prevent damage in the process of showing Property or permitting others to show Property, but BROKER accepts no responsibility for loss or damage; and G. To utilize not utilize the name of the OWNER in connection with marketing or advertising of the Property either before or after sale; H. To represent the OWNER, and thereby is authorized to accept, receipt for and hold all monies paid or deposited as a binrier or deposit on the purchase of the Property, and the duties of the BROKER relative thereto shall be in accordance with the laws of the State of Florida and regulations of the Florida Real Estate Commission; and Seller's Initials Buyer's Initials Page 1 of 3 3. OWNER agrees: A. To pay the BROKER compensation in accordance with the terms of this Agreement set forth in paragraph 4 below; B. To give BROKER permission to pay other brokers such compensation in a manner acceptable to the brokers; C. In the event of an exchange, to permit BROKER to represent all parties and collect compensation or commissions from them. BROKER is authorized to pay other brokers such compensation or commissions in any manner acceptable to brokers. D. To pay compensation due BROKER if Property, or any interests therein is sold, leased or contracted to be sold or leased or otherwise transferred within 90 days after Termination Date to anyone to whom the Property was submitted by or through the efforts of any BROKER or the OWNER before the Termination Date. However, the obligation to pay such compensation to BROKER shall cease if a bona fide Exclusive Right of Sale Contract is entered into after Termination Date with another licensed BROKER and a sale, tease, exchange or contract therefore, of the Property is made during the tem7 thereof; E. To notify the BROKER in writing before leasing, mortgaging or otherwise encumbering the Property and to provide details of any such encumbrances; F. To refer immediately to BROKER all inquiries relative to the purchase or leasing of the Property. G. To warrant accuracy of information set forth herein and on the data sheets, exhibits and addenda attached hereto and to indemnify and save harmless BROKER and those relying thereon for damages resulting from errors contained therein; H. To furnish BROKER with keys to the Property andlor make the Property available for BROKER to show during reason- able hours; I. To pay any applicable sales tax when due; J. To obtain any information relating to the present mortgage or mortgages on the Property including existing balance, interest rate, monthly payment, balance in escrow and payoff amount; K. To authorize BROKER to place "For Sale", "Under Contract" OR "Sale Pending" signs upon the Property and to remove the signs upon termination of this Agreement or sale of the Property; and L. To otherwise cooperate with the BROKER in carrying out the purpose of this Contract. M. Provide all reasonable financial information, including but not limited to balance sheet, etc. 4. Compensation: OWNER agrees to pay BROKER as follows, including paying all taxes, if any, on BROKER'S services, if BROKER, any agent of BROKER or a Buyer's Broker procures a buyer who is ready, willing, and able to purchase, lease, or exchange the property, and/or inventory of the OWNER, andlor assets of the business whichever is applicable, on the terms of this Contract or any other terms acceptable to OWNER. The stated compensation shall be paid to the BROKER in the event of a sale, exchange, or transfer of any interest including stocks or shares in the Property during the term of this contract, whether such transaction, sale or exchange be accomplished by the BROKER or any other person or entity including OWNER: A. 6% of gross sales price, including fees BROKER may pay to cooperating brokers. OWNER shall pay this fee at the time, and from the proceeds, of closing. B. In the event the Property is leased during the term of this Agreement, OWNER shall pay to BROKER a leasing fee of 6% of gross lease amount. The fee shall be paid to BROKER when BROKER, OWNER or anyone working by or through BROKER produces a tenant acceptable to OWNER. If the tenant purchases the Property at any time, even if such a purchase is subsequent to the expiration date of this Agreement, BROKER shall be paid the stated compensation set forth in Paragraph 4A at the time of closing. C. In the event that deposits) be retained, 50°~ thereof, but not exceeding the compensation provided above, shall be paid to the BROKER as full consideration for BROKER(s) services, including costs expended by BROKER, and the balance shall be paid to OWNER. If the transaction shall not be closed because of refusal or failure of OWNER to perform, the OWNER shall pay the said compensation in full to BROKER upon demand. 5. OWNER understands that this Contract does not guarantee the sale of the Property but that it does assure OWNER that BROKER will make earnest and continued effort to sell the Property until this Contract is terminated. 6. (CHECK ONE) OWNER DESIRES X DOES NOT DESIRE UTILIZATION OF A LOCKBOX SYSTEM. IN THIS REGARD, OWNER HAS BEEN INFORMED THAT THROUGH THE USE OF A LOCKBOX SYSTEM, THE PROPERTY MAY BE MORE READILY SHOWN TO PROSPECTIVE BUYERS, BUT THAT PERSONAL PROPERTY OF OWNER, MAY, THEREFORE, BE MORE SUSCEPTIBLE TO THEFT OR DAMAGE. OWNER AGREES THAT THE LOCKBOX, tF UTILIZED, WILL BE FOR THE BENEFIT OF OWNER AND RELEASES BROKER AND THOSE WORKING BY OR Seller's Initials Buyer's Initials Page 2 of 3 THROUGH BROKER, AND THE BROKER(S) LOCAL BOARD(S) ANDlOR ASSOCIATIONS OF REALTORS FROM ANY LIABILITY AND RESPONSIBILITY IN CONNECTION WITH ANY LOSS THAT MAY OCCUR. THE. BROKER ADVISES AND REQUESTS THE OWNER TO SAFEGUARD OR REMOVE ANY VALUABLES NOW LOCATED ON THE PROPERTY AND TO VERIFY THE EXISTENCE OF OR OBTAIN PROPER PROPERTY INSURANCE. SHOULD A TENANT BE IN THE PROPERTY, THE SELLER SHOULD NOTIFY THE TENANT IN WRITING OF THE USE OF A LOCKBOX. 7. OWNER authorizes BROKER, upon execution of a contract for sate and purchase, to notify the Multiple Listing Service of the pending sale and after closing of the sale to disclose sale information including the sales price to the Multiple Listing Service, other REALTORS and appraisers. 8. In the event any litigation arises out of this Contract, the prevailing party shall be entitled to recover reasonable attorney fees and costs. 9. TERMINATION: This Contract shall terminate as of the Termination date unless sooner terminated as provided below: A. If OWNER decides, because of a bona fide change in circumstances, not to sell the Property, this Contract shall be conditionally temninated as of the date OWNER executes a Withdrawal Agreement and pays BROKER a cancellation fee of $500.00. If OWNER contracts for sale to anyone after the agreed early termination date but on or before the original Terming#ion Date, then the early termination provided by this paragraph shall be voidable by BROKER and OWNER shall pay BROKER the compensation stated in paragraph 4, less the cancellation fee paid pursuant to this paragraph. B. If at any time during the term of this Contract, BROKER determines that the proceeds from the sale of the Property which OWNER would reasonably expect to receive will not be sufficient to pay the compensation due BROKER, then this Contract may be terminated by BROKER upon three days written notice to OWNER. 10. MANDATORY ARBITRATION: ATTORNEYS' FEES: All claims, disputes, and other matters in question between the parties arising out of or relating to this Contract, or any addendum or addition, SHALL BE DECIDED BY MANDATORY BINDING ARBITRATION in accordance with the Florida Arbitration Code, Chapter 682, Florida Statutes. Each party shall select any arbitrator and the two arbitrators so chosen shall choose a third arbitrator. The three arbitrators so chosen shall hear and determine the matter. THIS AGREEMENT TO ARBITRATE SHALL BE SPECIFICALLY ENFORCEABLE UNDER THE FLORIDA ARBITRATION CODE, and judgment upon the award rendered by the ARBITRATORS may be entered by the Court having jurisdiction thereof. In connection with any such arbitration or litigation, the. prevailing party shall be entitled to recover all fees and costs incurred including reasonable attorneys' fees. OWNER has been advised and consents to permit BROKER to file a lien against the Property, if applicable, for unpaid real estate commission and all other sums due under this Agreement, including interest, attomeys fees and costs, have been paid in full. 11. COMMERCIAL LIEN ACT DISCLOSURE: The Florida Commercial Real Estate Commission Lien Act provides that when a BROKER has eamed a commission by pertorming licensed services under a brokerage agreement with you, the BROKER may claim a {ien against your net sales proceeds for the BROKER'S commission. The BROKER'S lien rights under the act cannot be waived before the commission is earned. Date: Telephone #'s: Home Seller(s): (print name) Work Cell Fax: Address: E-mail: Signature of Seller Signature of Seller Date: Authorized Listing Associate or Broker: Ingrid Kennemer, CCIM Brokerage Firm Name: Coastal Commercial Group, LLC Telephone: 561-441-0967 Fax: 561-243-0097 Address: 1045 E. Atlantic Avenue Suite 205, Delray Beach, FL 33483 Email: ilkcciante~aol.com Signature of Broker Copy returned to Setter on the _ day of , by:_personal delivery mail fax Seller's Initials Buyer's Initials Page 3 of 3 ~~ ~ c„\ Susan A. Ruby Esq. 200 N.W.1st Avenue Delray Beach, Fl. 33444 Dear Attorney Ruby; March 28, 2007 As per our phone conversation, I am submitting to you my proposal for the exclusive listing agreement between Delray Community Redevelopment Agency and Joe LaViola and Re/max Advantage Plus, in connection with Old School Square Expansion retail space. I am a licensed full time Real Estate Agent with Re/max Advantage Plus, Delray Beach. We have 5 other offices and 150 agents in our company. I have enclosed a proposal and I am open to any suggestions or guidelines the Delray Community Redevelopment Agency may have in connection to the sale of this retail space. Please feel free to call anytime if you have any questions. Thank you for your consideration. C Joe LaViola Re/max Advantage Plus 400 E. Linton Blvd. Delray Beach, Fl. 33483 561-279-7800 561-445-4712 RE/MAX Advantage Plus MAR 2 6 2007 CITY ATTORNEY Downtown - 601 S. Federal Hwy. Suite 100 • Boca Raton, FL 33432 • Office: 561-394-7800 • Fax: 561-394-7608 Wharfside - 6901 S.W. 18th St. Suite 101 • Boca Raton, FL 33433 • Office 561-447-7800 • Fax: 561-447-7022 West Boca - 21737 State Rd. 7 • Boca Raton, FL 33428 • Office: 561-210-0050 • Fax: 561-210-0051 Midtown - 2250 Glades Rd. • Boca Raton, FL 33431 • Office: 561-210-0000 • Fax: 561-210-0001 Delray Beach - 400 E. Linton Blvd. Suite GS • Delray Beach, FL 33483 • Office: 561-279-7800 • Fax: 561-278-3900 Country Club - 1906 Clint Moore Rd. Suite 4 • Boca Raton, FL 33496 • Office: 561-826-7800 • Fax: 561-826-7810 Each RE/MAX® office is independently owned and operated. The Real Estate Leaders PROPOSAL Exclusive Real Estate Listing Agent Old School Square Expansion Services and marketing campaign to include and not limited to: Listing retail property for sale on MLS, Loopnet.com, and Remax.com. Place ads in Commercial Real Estate Magazines. Produce and distribute brochures/ letters, describing the retail space available, parking, location, description, pictures, and highlights of Delray Beach to prospective buyers. Promote this location in Pineapple Grove Way as a Unique Shopping Destination. Personally contact Independent Retail Owners, National Chains, Ladies and Men's Apparel Shops, Shoe Stores, Jewelry Shops, Art Galleries, Boutiques Specialty Shops, and Restaurants. Personally be available 7 days per week, in person, to talk with prospective buyers on site, buyer's location or Re/max Advantage Plus office. Place signs at location on both 2°d. Avenue and N.E. 1St. Street, with company name, contact person and contact phone numbers. Connections with local banks for commercial loans and local attorneys for legal purposes and contracts for prospective buyers. Compensation will be 6% of the selling price. Listing agreement will continue without interruption until all retail space is sold. In the event the Delray Community Redevelopment Agency decides to lease any or all of the retail space, same marketing plan would apply. Broker participation is welcome. Joe LaViola Re/max Advantage Plus 400 E. Linton Blvd. Delray Beach Fl. 33483 561-279-7800 RE/MAX Advantage Plus Downtown - 601 S. Federal Hwy. Suite 100 • Boca Raton, FL 33432 • Office: 561-394-7800 • Fax: 561-394-7608 Wharfside - 6901 S.W. 18th St. Suite 101 • Boca Raton, FL 33433 • Office 561-447-7800 • Fax: 561-447-7022 West Boca - 21737 State Rd. 7 • Boca Raton, FL 33428 • Office: 561-210-0050 • Fax: 561-210-0051 Midtown - 2250 Glades Rd. • Boca Raton, FL 33431 • Office: 561-210-0000 • Fax: 561-210-0001 Delray Beach - 400 E. Linton Blvd. Suite GS • Detray Beach, FL 33483 • Office: 561-279-7800 • Fax: 561-278-3900 Country Club - 1906 Clint Moore Rd. Suite 4 • Boca Raton, FL 33496 • Office: 561-826-7800 • Fax: 561-826-7810 Each RE/MAX® office is independently owned and operated. The Real Estate Leaders [ITS OF DELRA~ BEACH DELRAY BEACH `.'u, All-America City MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: Gerri Bauer, Chairperson/SPIRIT Committee ,~' 1993 2001 THROUGH: CITY MANAGER DATE: April 4, 2007 ((~~ SUBJECT: AGENDA ITEM # I•~ REGULAR MEETING OF APRIL 17. 2007 95 ANNUAL SPIRIT BANQUET ITEM BEFORE COMMISSION The SPIRIT Committee has been working on organizing the 1~` Annual SPIRIT Awards Banquet as outlined in Administrative Policy and Procedure GA-11, Rev. 1. The purpose for the SPIRIT Awards Banquet is to celebrate and honor those employees who have received the SPIRIT Quarterly Employee Awards and to reveal the SPIRIT "Employee of the Year." The date for the banquet has been set for Friday, August 3, 2007. Below is a brief synopsis of the quotes received (attached are the quotes and backup information). BACKGROUND 1. eenvenuto's (Boynton Beach): Although Benvenuto's is located in Boynton Beach, this facility was considered because of its reputation for excellent food, service, and atmosphere. The quote received is for $36 per person which includes wine and soda, plus a $75 bartender fee for a cash bar, and 20% gratuity charge. The menu to choose from is extensive and extraordinary. There is a guaranteed minimum of 140 people, and the facility will accommodate 400 people. 2. Delray Beach Golf Club (Delray Beach): The Golf Club is currently used for many city functions. The quote received is for $21.75 per person which includes choice of entrees and two desserts and a 20% gratuity charge. A cash bar will be provided without an additional fee. This facility will accommodate 300 people. 3. Westchester Country Club (Boynton Beach): The quote received is for $19.50 per person which includes choice of entries, 20% gratuity charge, bartender charge of $140 and maitre d' charge of $100. This facility will accommodate 300 people. Other facilities contacted: Ritz Carlton - $70 per person. Delray Beach Marriott -Estimated $50-$60 per person. Hamlet Country Club -Advised that it was a private facility. Del Aire Country Club -Advised that it was a private facility. Delray Beach Club -Advised it was a private facility; however, if we were to get a Club member to sponsor this function, they would consider allowing us to use their facility. The facility will accommodate 250 people. The banquet is open to all employees (full and part-time) totaling 856. We cannot find a facility that would accommodate that many employees, and doubtfully all employees would be attending; however, we need to find a facility that could accommodate at least 300 to 400 people as employees in all likelihood would want to bring a guest. The Marriott could accommodate at least 500; however, the cost would exceed our budget. The Committee's first recommendation is Benvenuto's due to their reputation and the size of their facility. The Delray Beach Golf Club and Westchester Country Club are less expensive but only accommodates up to 300 people. FUNDING SOURCE Funds have been budged in account #001 1311 512 48.10 in the amount of $21,000.00. RECOMMENDATION The Committee recommends Benvenuto as its first choice. Your consideration is appreciated. gb Attachments ... .. •: gEl~v~~iUTO •~ .. . ~~•1 Saes/Catex-in.g Tcntxtivc Kauked: 3/25/2(1(17 ~Cli~snt/Ut9arlizatio„ I Event Ual2 I TBIet7hone i;:3,'2007 1Tri Sia l 24 ,-720 t'i1yOt'C)rlcal~ licach - ._~._..._ .___~ ~•_-• ( ) -- ~.. -. __. -.:. _ ... .-. ._._.. - .- I Fax City.:it Zip ~ (Sfil) 24a-7221 Party Name ~ Theme ~ Booking ContaCl <'ity l1i•)~e•lrav t,r•;,Glt ~ ~,iuiatil I Dntuia C1uitai.art Banquet Room C't>urtvard J asmi nr Sctuo Stvle L)inner .... C)ituaer FOOd/SP.rvICe IIgn1C 'l'r~rhicul Mcnu 4~~Crk~l;tvfi Will/ ~rin~ ;,1111 :,u~h~ ~IUCn1• tlln,lt.'r' I\%C.' I'ir5t hl,tlc (.'I,uiuc ut'.+ 1)~'tisrt'l (C'hcri~•~' ul'.+'f T_ .._-.. ~ r~o # (;,,ester SOU (I'ln) Chq Price ? Qty Tot --' -t--• ~.~ .t(r.UU 140 S.U40.OU "i i {){) l i Freshly I; rCrr~~~i ~'ulctnthi~m Cctl•I'ed I)~cttf•I~in:ttc~l «r tielC~actt "'Muni" C)r'.',ilItl~'1'Ct15 i Subtotal , ~ ~~ i,,,uu Paid };u,un Nay Method Card Number Serv t;l,n (:'U'/,; ••• i .~.u, un Doiance ~h.u ik.r,tl l7~rd Type Atrpnrvel I Tax (0"/„) ~rl.nu • Card Holder Expires Tot sr,.,sfc,uu J Si nature I 8envenuto Gaterestaurant requires that you give a final guarantee of the number of persons atten~fing your function, not less than the guarantee given at the time of booking, 24 hours prior to the function. This fine) guarantee is not sl.tbject to reduction anc ycEl will be charged for the auarantee or the actual number ettendinq. wl~icl~evei• is greater. This conirnrt -;:;;;;I~~;;~oes any prior a~rrangrnprts 3na will only be valid if signed by both parties wit~t a non refundable deposit of ~G.i);~ ;:~:,! a •;Juaranteed number u~ guests of ~t4p, For e:acn extr;.k .:,: hour past the ending time a $x.00 charge per guest will be added. The cltstorner agrees to pay the balance upon presentation df the bill immediately upon completion of the service with a Certified Check or a Credit Card. 3/27/2007 05:13 pm 8envenuto Restaurant ~ 'i Of 2 '; ?0 North Femeral Highway. tioyn#On F3PaGh Fl_ 33435 1' f561) 3E34•pGl)0 f• ![,GI.:''•r• i:::{:S wwtv.henvenUt<`reSlt~ur~3nt.COm F_mpd [3ENVF~ESTh~~ru~! i i BANQUET ROOMS Start Ertd 7.Ot) p11~ 1 I :UU pnt 7:00 pm ) 1:00 prn FOOD & 5ERVICE ITEMS Lxst 12e.v o~.traet pu: 3/27/2()07 i FUtip ~{ ~ (aid (iuCSEs 14t) ~ Sates l•tCn ~ Mat•iju l'c~savu~ r >r07097 - Evity Of Delray Beach Client: Sales Rep: `' v ~'~'L'~ r1 Date: Date: 3 ~ Z~-ph.~ , :S/27/~yOUi t).'{" ..:u•:"~.utc~ Ilestarar:.ari: .' iif ~, r,'t(I North Feder;~l Fiighway, EtUynlnn h3rtchC.h f'I 33435 1: (5fi1) 35d-OG00 t' (5Cyl) 73n-IZ~18 www.bt:nvenutorestaurant.cpm Email:BENVREST@aol Benvenuto Restaurant 1730 N. Federal Highway Boynton Beach, FL 33435 561/364-0600 Date Availability: August 3rd (possibly July 27 -wedding may cancel) Cost: $36/pp + 20% gratuity (no tax) $75.00 for bartender for cash bar Free: wine and soda Includes candles on the tables and linen Maximum Capacity: 400 people Time: 4 hours Menus: Attached -Tropical Menu Can add Chicken Marsala, Chicken Piccata Reception Menu -very expensive 3/21/2007 Donna Quinlan !~ ~s~~'~~~~Q C~17ERESTAU~~ BEIYYENUTO'S TROPICAL MENU (3 kour party) - , FIRST PLATE: (CHOICE OF 3.) Classic Ceasar Salad Norwegian Smoked Salmon, and Reggiano Parmesan Our Maryland hump Crab, served with a Black Bean. Tomato, Corn and Yellow Pepper Coatis Deliciously Plump French Escargot "The Old Fashion Way" Loads of Butter, Parsley & Garlic over Polenta Organic Mixed Greens, Gorgonzola. Graniry Smith Apples and Toasted Spiced Pecans " Peking Style" Barbecued Duck Crepes. Fresh Coriander and with a.Citrus Sauce Our Shrimp Cocktail Served with Absolut Cocktail Sauce _ Florida Lobster Bisque with a Delicate Shitake Mushrooms, and Tarragon Flan Risotto Mushroom Ragout with Prosciuto, and Early Peas, Port Wine Demi Glaze Fresh Mozzarella and Tomato Salad with Balsamic Reduction, and Basil Infused Olive Oil .Smoked Salmon and White Fish Timbale, Lemorry Sour Cream S,iLAD (CHOICE OF 1) (Supplement S ~ 7S) You are wcicome to Up Grade your Package and have a 4 Course dinner ENTREES: (CHOICE OF 4) - _ Sliced Chateaubriand Balsamic Onions, and Cabernet Sauce _ Pan Roasted Filet ojSnapper Provencale, Roasted Garlic, Black Olives, aril light Tomato Sauce, Roasted Potatoes _ Citrus Marinated Roasted Chicken, Fire Roasted Red Pepper and Garlic Sauce with Black Bean Mashed _ Semi Boneless Crisp Roast Half Duckling, Bing Cherries, and Red Currant Sauce, Buttermilk Pomme Puree _ Strictly Y'egetarian, with Assorted Grilled Vegetables. Choice of Pasta, Rice or Potato and a Pesto Dipping Sauce _ Grilled Boneless Pork Rib "Chop" Celery Apple Potato Puree, Savoy Cabbage and Mackintosh Apple Cider Sauce _ Coated Rack of Lamb, Pea and Mint Puree, Green Peppercorn and Candied Pistachio Sauce (S(>_SO Supplement) _ Pan Roasted Sea Bass, Orange Fennel Salsa, and Roasted Garlic Mashed Potato (S3:OD Supplematt) _ (:arribean Style Roast Prime Rib au Jus with Popover _ Grilled "Marcho Farms" Yea! Rib Chop with a Sauce of Tomato, Green Onion, Kalamata Olives, .Capers and Lemon (S8.S0 Supplement) _ Broiled )0 oz. Florida Lobster Tail, with Lemon, Garlic, and Tarragon Butter (58.50 Supplement) _ Sauteed Marinated Shrimp, Spinach and Basil Risotto, Sauteed Shitake Mushrooms, Drizzled with White Tru,87e Oil Seared Atlantic Salmon, with Chinese Five-Spice, and Asian Vegetables DESSERTS:f CHOICE OF3 ) Profiteroles with a Rich Coffee !ce Cream and Bittersweet Chocolate Sauce ~~ Individual Mississippi Mud Pie with Chocolate and Caramel Sauces (:hocolate Souffle with Dark Chocolate Sauce {Minimum of ~0 pp!) Gronny Smith Apple Tart with Cinnamon !ce Cream & Caramel Sauce Warm Chocolate Lava Cake Key Lime Pie with a Coconut, Macademia Nut, Graham Cracker Crust Sugar Free Cheesecake Nilsa 's Flan, Creamy Goat Cheese Custard with Caramel Sauce pegustation Plate: Creme Brulee, Chocolate Truffle, Apple Tart, Ley Lime, Napoleo» and Strawberry in Chocolate (a3.SO Supplement) Freshly Brewed Colombian Coffee, Decaffeinated or Selected '7Vumi"Organic Teas PRICE: 36.00 Per Guest Weekday 39.50 Per Guest Saturdays and Sundays EXTRAS: _ Unlimited one and Soft Drinks _ one Service by bott[t Chardonnay. Cabernet and While Zinfattdt! Soft Drinks- Coca Cola, Diet Coke, Sprite and Ginger Ale Add a touch of elegance to your party w&h our Candelabras Don't Slop the Party, ptr IL2 Hour YourSpccial Customized Wish S S.SOperguest 516.00 per bottle S' 1.25 each SlS 00 each S 3.SOperguest Prices as determined ~~ B NygNU ~ ~r ~-,' E T c , ~ _Lq T ~ :: CATERESTAURA~T Reception Off Premises Catering Is Also Available 1. Antipasto ...................................................Price P.P. $ 9.00 Fresh Tomato and Mozzarella Fire Roasted Vegetables: Zucchini, Squash, Eggplant, Portobellos•, served with a Balsamic Glace Pasta Salad: Fresh Vegetable Tossed with Penne Pasta and Spinach Pesto Sun Dried Tomato Hummus and Pita Chips Ti•i-Color Tortilla served with "Pico de Gallo "and Cheese Sauce Marinated Red cYc Yellow Bell Peppers served with a Black Olive Tapenade Sliced Imported Cheeses and Salami 2. Hors d'oeuvres Select 6 (I hour) ........................Price P.P. $ 9.50 _ Golden Ravioli with Arrabiata Sauce Beef, Lamb and Pork: _Marinated Beef Kebabs, Garlic, Parsley and Olive Oil with Scallions Frankfurter en Croute D~onaise _ Baby Lamb Chops -Mint Jelly (2 per person supp. $4.50 extra) _ Barbecue Glazed Cocktail Ribs• Mini Cuban Sandwich _Melon Wrapped Prosciutto Chicken and Duckling _ Coconut Chicken, Sweet and Sour Sauce _ Barbecued Mini Chicken Drumsticks - Popovers• Filled Chicken Curry _ Chicken "Foie Gras ", Sage, Walnut, Crostini _Baked Peking Duck Pot Stickers, Plum Sauce Salmon and Snapper Smoked Salmon Rilletes with Lemon Cold Poached Salmon with Dill Mayonnaise _ Mediterranean Style Salmon Skewers, Citrus Dipping Sauce _ Tostaditas with Blackened Snapper Pineapple Relish and Sour• Cream Shrimp, Scallop, Crabmeat and Calamari _ Shrimp, Cocktail Sauce Tiny Shrimp on Brioche Grilled Shrimp and Chorizo, BBQ Sauce Shrimp Scampi in a Bowl _ Prosciuto Wrapped Scallops with Bearnaise Sauce _ Mini Crab Cake with Louisiana Remoulade _ Crab Ginger Lime Tartlet _ Mini Puff Crabmeat Thermidor _ Fried Calamari, Basil Marinara Sauce Vegetable and Cheese Demitasse with Carrot Ginger Soup Warm Goat Cheese Tartlet with Roasted Peppers _ Blue Cheese Popovers Vegetable and Cheese Quiche _ Field Mushroom Tartlet with Hollandaise Sauce Quesadilla Triangle with Smoked Gouda and Portobella Plump Dried Apricot with Creamy Goat Cheese Tempura Style Zucchini or Button Mushrooms or Yellow Squash _ Parmesan Polenta Crostini with a Roasted Tomato Dip and Black Olives Stuffed Mushrooms Cap with Polenta and Parmesan _ California Rolls. Wasabi Soy 3. Pasta Station ................................................Price P.P. $ 6.50 Shell or Penne Pasta Sauces (choice of three) Bolognese, Putanesca, Gorgonzola, Carbonara, Olive Oil and Garlic, Vodka and Cream 4. Mixed Nuts and Chips (1 hour) .........................Price P.P. $ 4.75 Ass•or-ted Mixed Nuts, Homemade Tortilla Chips with Tomato Salsa and Cheese Dip 5. Carving Station (1 hour) With Seasonal Vegetable and Mashed Potatoes ............. $ 3.50 per person Roast Tenderloin of Beef, Bearnaise Sauce ........................ $ 18.00 per person Fresh or Smoked Beef Tongue, Cumberland Sauce ............... $ 7.50 per person New York Pastrami, Confit Sauerkraut ........................... $ 7.50 per person Sugar Curved Virginia Ham ......................................... $ 9.50 per person With Flaky Homemade Biscuits Roasted Turkey Breast Cranberry-Orange Sauce ................. $ 9.50 per person 6. Satay Station (1 hour) ...............................................Price P.P. $ I0. SO Marinated Beef, Chicken or Shrimp (Select 2) Side Boys: (Select 3) Peanut Sauce, Green Peppercorn Sauce, Mango Chutney, Plum Sauce, Mustard Sauce, Safli-on Sauce 7. Japanese Sushi Bar (1 hour) ......................................Price P.P. $12.50 (Select 2) California Rolls, Shrimp, Salmon, Tuna, Yellowtail 8. Chilled Seafood Bar (1 hour) ......................................Market Price Smoked Fish, Clams, Oyster, Giant Shrimp, Jumbo Lump Crabmeat, Caviar, Stone Crab Claws (in season), Ahsolut Cocktail Sauce with Fresh lemon, Tropical Remoulade Vodka Station (1 hour) ...............................................Price P.P. $ 9.50 9. Mini Sanwiches ......................................................Price P.P. $ 8.50 (Select 3) - Mini Croque -Monsieur - New York Mini Reuben - Eggs Capers and Watercress Finger Sandwiches - Toasted Brioche with Shrimp Remoulade - Mediterranean Puffs with Chunky Tapenade, Pesto, Parmesan and Cheddar - Brochette with Tomato, Basil Olive Oil and Garlic - Parmesan Polenta Pizza - Waffles with Cucumber Dilled Cream Cheese 10. Mini Viennese Table (I hour) ...................................Price P.P. $10.50 Fresh Fruit Tartlets, Mini Eclairs, Cream Puffs, Chocolate Truffle, Almond Macaroons, Napoleons, Flourles•s chocolate Cake, Strawberry Shortcake, Mini Cheesecake II. Ice Cream Bar (I hour) ...........................................Price P.P. $7.50 Cookies and Cream, Heath Bar and Cookie Dough Ice Cream Bar Served with Caramel, Chocolate and Marshmallow Sauces, Nut Topping, Maraschino Cherries, Mc4~M's Chocolate and Rainbow Sprinkles. Gummy Bears and our Oven Fresh Delicious Hot Chocolate Chip Cookies 12. Crepe Station (1 hour) .............................................Price P.P. $ 6.50 A thin Delicious French Crepe made to order with either Vanilla; Lemon, Vanilla Sugar or Raspberry Jam, Swiss• Chocolate and Butterscotch Sauces I3. Flambe Station (1 hour) ............................................Price P.P. $ 7.50 Our experienced Captains will prepare these exciting desserts in your room. Banana Foster or Cherries Jubilee or Sauteed Blueberries (in Season) or Waikiki Smothered Pineapple 14. Chocolate Fondue (3 hours) .....................................Price P.P. $ 8.25 Either Swiss, Dark Chocolate, Assorted Fresh Fruit c?~ Marshmallows I5. Espresso or Cappuccino Service ..................................Price P.P. $ 3.00 I6. Ice Carving a Design of your Choice from $ 350.00 Benvenuto Reception Beer, Wine & Soft Drinks Domestic Beers, House Red, White or White Zinfandel Wine and Assorted Soft Drinks House Brands Scotch, Rye, Bourbon, Gin, Vodka, Rum Tequila, Amaretto, Coffee Liquor, Domestic Beers, House Red, White or White Zinfandel Wine, House Champagne, Assorted Soft Drinks and Juices Call Brands Dewar's• Scotch, Canadian Club Whisky, Jack Daniel Bourbon, Tanqueray or Beefeater Gin, Smirnoff or Stolichnaya or Abs•olut Vodka, Bacardi or Captain Morgan or Malibu Rum, Jose Cuervo, Gold Tequila, Amaretto Di Sorrono, Kalhua Coffee Liquor, Imported and Domestic Beer, House Chardonnay, Cabernet or White Zinfandel Wine, House Champagne, Assorted Soft Drinks and Juices Premium Brands Johnnie Walker Black Scotch, Crown Royal Canadian Whisky, Woodford Reserve Bourbon, Bombay Sapphire Gin, Kettle One or Grey Goose Vodka, Bacardi 8 Years Old Rum, Cuervo 1800 Tequila, Amaretto Di Sorrono, Kahlua Coffee Liquor, Imported and Domestic Beer, Our Sommelier Selected Wine Chardonay, Cabernet or White Zinfandel, Korbel Champagne, Assorted Soft Drinks and Juices Ouen Bar Per Hour Beer & Wine House Brands Call Brands Premium Br. 1 hour 6.00 8.50 10.50 13.50 2 hours• 9.00 12.50 14.50 17.50 3 hours• 11.00 16.50 18.50 21.50 4 hours 13.00 19.00 21.00 25.50 S hours• I S. 00 21.00 23.00 29.00 On Consumption Premium Brands of Liquor.........8. SO Each Call Brands of Liquor ...... .........7.50 Each House Brands of Liquor............ 6.50 Each Imported Beer ......... ................4.00 Each Domestic Beer ............ .............3.25 Each Assorted Soft Drinks• ................1.75 Each All Hard Liquor Consumption is based on 17 Drinks per 1 Liter Bottle House Wine ...... .....................16.00 per Bottle House Champagne ..................18.00 per Bottle All food and Beverage Prices are Subject to 20""/r,Service Charge and 6 % % Sales Tax "Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of food borne illness, especially if you have certain medical conditions". Ma r. 28. 2007 12:22PM DELRAY BEACH GOLF CLUB No. 6148 P. 1 facsimile hansmiiht `~- Feom: ~~ ~C1 ~/ G/1 ~ os~: ~ ~~ -' ~: -~ ~ ^ - , ^ ~coR~n~,t ~ ^ wry ^ P~i~e~oyde. -.`~ ~~: ~_;_ _ .,~, ~ , _:1z :. ~~. AT 7~: 1~1, ti~ ~~~ =~~i.. `_ ~:~i~` ~.r. :, . ~ ~~~ ~: DFLBAY 5EAC8 60Lf CLDB S~QO Nt6BLAMD AYBNDE DELBtY BEACB, FL aB445 PNONF: 581-44B-7B85 Ma r. 28. 2007 17:22PM DELRAY BEACH GOLF CLUB DELRAY BEACH GOLF CLUB 2200 Highland Avenue Delray Beach FL 33445 (561) 243-7385 Event Contract Customer: CITY OF DELRAY BEACH Contact: GERIBAUER Company: Addr 1: 100 NW 1 AVENUE Addr 2: City, St: DELRAY BEACH FL 33444 Phone: 561-243-7015 Fax: 561-243-7199 DINNER/HOLD Contract #: 00006287 Date: Friday August 03, 2007 Time: 7;00 pm To 11:00 pm # Guests: 300 Event Type: Unclassified Setup: Unclassified Room: BALLROOM A&B No. 6148 P. 2 Schedule 5:00 pm Setup Time an August 03, 2007 ~~Description -Price- _Qty_ Totals- MAXIMUM OF PEOPLE IS 30 TABLES OF 10 CASH BAR Dinner Package SALAD Garden Salad with house and ranch dressings $21.75 300 $6,525.00 ENTREES SNAPPER FRANCHISE parmesan egg battered Florida snapper files sauteed to a golden broom and topped with a lemon butter sauce ROASTED NY STRIP SIRLOIN Marinated, sliced, and trimmed sirloin Served with bordelaise sauce CHICKEN SALTIMBOCA Sonless chicken breast stuffed with spinach, Proscuittn ham, Mozzarella and Parmesan cheeses, light mushroom sauce ACCOMPANIMENTS Fresh Vegetable Medley Herbal Basmati Rice rolls and butter regular coffee and decaf coffee DESSERT Printed on March 28.2007 at 13:18:59 Page 1 ~vM~~.~28. ~2007t12a22PM DELRAY BEACH GOLF CLUB DINNER/HOLD No. 6148 P. 3 Contract #: 00006287 Customer: CITY OF DELRAY BEACH Contact: GERI BAUER Date: Friday August 03, 2007 Company Time: T:00 pm To 11:00 pm Addr 1: 100 NW 1 AVENUE ~ # Guests: 300 Addr 2: Event Type: Unclassified City, 5t: DELRAY BEACH FL 33444 Setup: Unclassified Phone: 5B1-243-7015 Fax: 561-243-7199 Room: BALLROOM AFB Triple Chocolate Cake Cheesecake with Fresh Strwberries dance floor included club's centerpieces with matching napkins included Subtotal of Charges : 56,525.00 Surcharge $1,305.00 Contract Total : $7,830.00 Special Instructions: Thank you for selecting our services. Please review, make any Corrections Or deletions, SIGN AND RETURN WITH YOUR DEPOSIT IN THE AMOUNT OF $150.00 WITHIN 1D DAYS TO MAKE THIS AGREEMENT >=FFECTIVEI Keep the first copy for your records. In order to assist you in making your function a success, may we remind you that the following requirements are necessary. A final guarantee is required three (3) working days prior to your function. We reserve the right to change your function room assignment when necessary due to changing program requirements and attendance. All deposits are non-refundable unless the function is cancelled in writing 120 days prior to the event. Please contact our Catering Office for additional assistance in planning your event. It is our pleasure to serve you. Cordia ~ ~~~~ Beth Mullen If you are a tax free organization, you are responsible for supplying a copy of your tax free certificate for each function that you book with us. TERMS AND CONDITIONS PERFORMANCE: If our obligations under this agreement are not met for any reason beyond our control, our failure is completely excused, and we may cancel this agreement by returning your deposit. The following is a partial list of events, that, if they occur, could be considered reasons beyond our control: strikes, labor disputes, accidents, government restrictions on travel, goods or supplies, acts of war, or acts of God. If your guest count changes, the Club reserves the right to change your function room- GUARANTEE: The client is responsible for 90% of the original number of guests the room is reserved for, even if all of your guests do not attend. A meal guarantee and breakdown is required no later than three {3) business days prior to the function date. This will be considered a guarantee and NOT SUBJECT TO REDUCTION OR CHANGE, charges will be made accordingly. The Club will set 5% for attendance over the guarantee. The client will incur no charge for the 5% unless it is used- if a meal guarantee is not given, the Club will set the final count based on the last written estimated count, or the actual number attending, whichever is greater. In the event a final guarantee is not given, the Cfub pnnot guarantee sufficient meals for any guest above the last written guarantee. Printed on March 28. 2007 at 13:08:35 Page 2 ~ r 28. ll p 2P` DELRAY BEACH GOLF CLUB ~ ~0~ No. 6148 P, 4 ~ ~ ~~ ~ ti DINNER/HOLD Contract #: 00006287 Customer. CITY OF DELRAY BEACH ConbCt= GERI BAUER Date: Friday August 03, 2007 Company: Time: 7:00 pm To 11:00 pm Addr 1: 100 NW 1 AVENUE # Guests: 300 Addr 2: Event Type: Unclassified City, St: DELRAY BEACH FL 3344.4 Setup: Unclassified Phone: 561-243-70'15 Fax: 5fi1-243-7199 Room: BALLROOM A&B ALCOHOLIC BEVERAGES: The sale and service of alcoholic beverages are regulated by the Florida State Division of Alcoholic Beverages and Tobacco. The Club is responsible for the administration of these regulations and reserves the right to refuse services to anyone. The Club policy is that no alcoholic beverage ar food be brought into the Club for any functions. SERVICE CHARGE: The Club applies a mandatory 20% Service charge which is taxable. All meal functions of under twenty (20) guests will incur an additional charge of $2.00 per person. SECURITYAND CLEANING: The Glub will not be liable for any damage or loss of merchandise brought onto Club property by the client, the client's guests, or the client's vendors. The client will be assessed for any damages made to the Club by the client's guests or the client's vendors. The names of all outside vendors must be registered with the Food and Beverage Department. Vendors will be allowed on the premises two (2) hours prior to an event unless other arrangements have been made. The Club will accept no responsibility for items delivered that are to be held for clients prior to functions. The Club will assess a $50.00 cleaning fee to all events over 100 people. Bar and Bat Mitzvahs require a security guard supplied by the client. Bridal parties may throw rose petals only. The Club cannot be responsible for lost or stolen articles. SIGNAGE: All signaga and decor brought onto the premises must be pre-approved. All displays and exhibits must conform to the City of Delray Beach Fire Ordinanve. No items may be attached to any wall, ceiling, floor or window with nails, staples, tape or any other substance. The client will assume all responsibility for any damage to the premises by such items. BILLING: A NON-REFUNDABLE DEPOSIT AND A SIGNED CONTRACT ARE REQUIRED WITHIN 10 DAYS OF BOOKING FOR ALL EVENTSI In the event these items are not received in a timely fashion, the Club reserves the right to book another party on that date. For parties over $2,500 fifty (50%) percent of the estimated balance is due 30 days prior to the event with the remaining balance due 72 hours (3 business days) prior to the event and must be paid by cash, Certified Check, organization check or money order. For all parties under $2,5D0. PAYMENT IN FULL IS DUE UPON COMPLETION OF THE EVENT! Methods of payment include, Visa, Mastercard, Cash or Certified Check. There will be an overtime charge of $2.00 per person for events exceeding their contractual time limit. CANCELLATION: The advance deposit will be applied to the Clients Master Account, and is refundable only if the function is cancelled in writing more than 120 days prior to the event. Cancellation after such date will result in the payment of the deposit as Liquidated damages. Please sign below to acknowledge the above terms and conditions. Client's Name: Date: PrintP~ nn Marrh 28. 2007 at 13:08:35 Pa4e 3 DELM:~;~28",?007L2:23P~M3 DELRAY BEACH GOLF CLUB No. 6148 P. 5 2200 Highland Avenue pelray Beach FL 33445 (561) 243-7385 Proposal for DINNERIHOLD CITY OF DELRAY BEACH 100 NW 1 AVENUE DELRAY BE4CH FL 33444 This proposal is for your DINNERlHOLD at 7:00 pm vn Friday August 03 2007 . Sased on your estimate, the guest Count will be 300 . The location of your event will be the BALLROOM A&B_ Desc~lption _Price_ _Qty_ Totals_ Dinner Package $21.75 300 X6,525.00 Subtotal Of Charges : 18,525.00 Surcharge $1,305.00 Contract Tatal : $7,830.00 The proposed priced based on 300 guests at $26.10 per person is $7,830.00 . Special Instnrctions Ma r. 25. 2007 6:28PM DELRAY BEACH GOLF CLUB No, 6032 P, 2 seasona~ ~jarclen ~jreen5 wit choiu al" dressings Snapper ~rancaisc Parmesan egg battered Florida snaPPerfillet sautEed to a golden brown and topped with a Iemon butrersauce X23.75 PerPcrson Roasted NY J~ trip Sirloin ~aninated and trimmed sirloin strip served with bordelaise sauce or~ire roasted red ~PPercoulis ~25•So Per Person t Chicken `jaltimboca ~oneless chicken breast stuffed with spinach, ~roscuitto ham, I1/]ozYarella end parmesan cheeses, light mushroom sauce 3zz.jo PerPerson Ve~e~arlan P~3tC ~on re9uest} Pasta Primavera Fresh Seasonal ~/~gctable ~edley r•'lerbal Pjasmati Rice Triple ~hocolate ~alce Cheesecake with Fresh strawberries CoffCG Tea ash jar '"~ 321.7 j Per Person Plus 20~ ~pratuity ,~~o ~ ~ 03/30/2007 13:10 5617399098 WESTCHESTER PAGE 01/03 . W~s~'~~~rs'r~.~ ~'c_~uN~r~zx c:z.u~ - r'ACS[h9r1.E T~A1t15M17"TA.1_ Sl~ErT ~ri~.`n ~ w,.r DATE; FAX NUAISL• R I~HOTdE NUt,•4! F, RE: '~' TOT~,X, NO.Or~ PAGIrS INQ.UDr•NG CCJVGR SENDER'S It1iFER.ENCE N(llvfBl:.I~,. rr.>t.n+. RF'rrrrNrr ~ti.mmL-r.. t~ l~R(;F'\'I' (] F(,!Fl f~f:'.'lf 1ti ^ I'!.h'.33h: t.:C,1},f!.1FN'f ~(-] 1'f.-;:15l2 k,i?1'l.1~ .. U i'( H.;Itih. ftfi.f"1-(.:! F. f ~N „~".~, i •.~_ ~,,. 12150 WFSTLHF,STFIZ CTT_t[j DRaVE ~ - HOYNZ"UN AFACH, Ff,ORIDA i3a3- 03/30/2007 13:10 5617399098 WESTCHESTER PAGE 02/03 March 30, 2007 Aear Alberta: We at The Westchester Country Club take pleasure in cotti"irmiutg Your tentative reservation with us a.5 follows: gyg~; City of Aelray Arts and Recreation Mme; Your "Banquet Menu" will include the following; • No Bar. Choiee of ~.inen Colors to coordinate with your color scheme. Centerpiece with Votive Candles on lVIirrored Mats. • A Full Course Ainner witlt your preference pf Salad, Entree, Vegetable, Potato and an Elegantly Sewed Ucsserl @ $] 9.50 Per Person Plus 20% Service Charge and 4.5% Sales Tax. • Opti.ou: Choice o£gnc: Chicken (Ficcata, Marsala, Franchaise), Fish (Salmon. or Tilapia), or Gri]lcd Flank Steak with Rosemary Bandeaux Sauce. Guest seating is based on rounds of 1.0-12 guests per table. A service charge will be incurred for extra tables under the minimum zequircment of 1.0 guests per table. The service charge is $35.04 -~• 6'/~ "/° tax per extra table ixx the room 03/30/2007 13:10 5617399098 WESTCHESTER PAGE 03/03 Page 2 City of Delray Ants and Recreation Prices include all tax and gratuities except: Bartender.: $140.00+ G %x% Tax Maitre D': $ 100.00 t 6 '/s% Tax No Roorr- Rental No tipping on the night of the event. No Food or Beverage May Leave the Facility. D1;PQSITS: In order to confirm the above zeservation a deposit of $250.00 is due by April 15, 2007 along with. rchirn of this signed contract. ALL DEPOSITS ARTS NQN-R>;FUNDA.BLL. The balance is (3) days px~or to your event baacd on a guaranteed count, wide. payment by cash, certitfted ebe~ or organi~.atian check. This document is neither assignable, nor transferable, and shall convey no rights to any persons or entities who are not parties hereto. Ftutb.er, subletting or subleasing the "I,oeatYOn" specified herein is strictly prohibited. An additional charge will be applicable if a change in the date is necessitated. Should you at any tizzxe, desire to change the date of the event at the Westchester Country Club, your ability to change the date and transfer your deposit monies, shall be at the sole discretion of the Westchester Country Club. Should the Westchester Country Club penriit you to ehan~e the date of your event, an additional charge related to the transfer .may be required by the Westchester Country Club at tlae time when the VJcstcl,estcr Country Club a.pprovca of the change in date. however, any change of date of your event shall not affect the Nan-ltefiutdability of all deposits made, or your obligations under and pursuant to dais contract. Receipt of your deposit o£ $250.00 is due by April 15, 2007 constitutes a firm reservation. for tl~.is date. As iudieated herein, all deposits axe non-refundable under any circumstances. In order to complete our records, however, please sign and. return the enclosed copy of this letter within five (5) days. Your failure to do so will snot affect the non-refundability o£ your deposits and the firm reservation, which has been made as a. result of the deposit, d.escn'bed herein. In addition, please include your day and night -time telephone numbers. Let us assure you that we will spare no effort to make this occasion a memorable one. We're confident that you will find our service and accommodations to be of the finest quality. Should you have any furthez questions, please do not hesitate to contact me directly. Sincerely, 3anclle Parker Banquet Sales SIGNATURE: DATE' ,DAY PHONE: EV1;N1N(3 PHONE: RECEIVED MAR 3 n 2001 [ITS DLRA~ BEA[H CITYMANACER CITY ATTORNEY'S OFFICE ~'1"~. E fi~~~~~~~E~`_~:_~~~~~~R f 1 Bs ~ ~ EFS °x g 45544_ DELRAY BEACH All-America City MEMORANDUM Writer's Direct Line: 5611243-7090 ~„-~ 1993 tool DATE: March 30, 2007 TO: City Commission General Employees Pension Board David T. Harden, City Manager FROM: Terrill C. Barton, Assistant City Attorney SUBJECT: Authorization to File a Complaint for Declaratory and Injunctive Relief and/or Petition for Guardianship of a Minor Regarding the Pension Benefit of Anthony Harris Former City Employee Our office is requesting authorization to file a Complaint for Declaratory and Injunctive Relief and/or Petition for Guardianship of a Minor in the Circuit Court of Palm Beach County regarding the death benefit due under the General Employees Pension Plan as a result of the death of Anthony Harris, former City employee. Under the Code of Ordinances, Section 35.097 (D)(2)(b)(2)(c), the death benefit of seven and one half percent (7.5%) of the participant's final monthly compensation shall go to Sharhonda Harris, a minor child. In order for Sharhonda Harris to receive the benefit due her, a guardianship may need to be set up for her pursuant to § 744.3021, Fla. Stat. because the funds may exceed fifteen thousand dollars ($15,000.00). Please place this matter on the next General Employees Pension Plan and City Commission agendas authorizing our office to file the above-referenced complaint. Please let me know if you have any questions. Thank you. TCP:smk 9G MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~~ DATE: APRIL 13, 2007 Q SUBJECT: AGENDA ITEM # - l .'~~ -REGULAR MEETING OF APRIL 17, 2007 APPOINTMENT TO THE BOARD OF ADJUSTMENT ITEM BEFORE COMMISSION This item is before the Commission for appointment to the Board of Adjustment. BACKGROUND At the City Commission meeting of March 20, 2007, Mr. George Thacker was appointed to the Code Enforcement Board. This creates a vacancy for an alternate member to serve an unexpired term ending August 31, 2007. To qualify for appointment, a person shall be either a resident of or own property in the city, and/or own a business within the city. The following individuals have submitted applications and would like to be considered for appointment: Jess Sowards A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and he is registered. Based on the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2), for one (1) alternate member to serve an unexpired term ending August 31, 2007. RECOMMENDATION Recommend appointment of one (1) alternate member to the Board of Adjustment for an unexpired term ending August 31, 2007. 03/07 BOARD OF ADJUSTMENT TERM EXPIRES REGULAR MEMBERS OCCUPATION TELEPHONE 08/31 /2007 Sigurdur Hardester Manager Home: 638-4088 Appt 10/05/04 Unexp alt 4308 Lakewood Drive Office: 923-1856 Re-apps 08/16/05 alt Re-appt 02/06/07 Unexp reg Delra Beach FL 33445 y , Cell: 706-9096 Fax: 877-627-8006 08/31/2008 Mel Pollack, Chair Director-Security Home: 272-7618 Alt Appt 08/19/03 800 North Ocean Blvd #1 Cell: 213-1990 Reg appt Ol /06/04 Unexp Reappt 08/03/04 Delray Beach, FL 33483 Rea t08/15/OG 08/31 /2008 Clifton Miller Retired General Home 499-4899 Unexp Appt 10/05/04 alt 4691 Hammock Circle Contractor Unexp Appt 04/05/OS reg Rea toar3voG Delra Beach, FL 33445 08/31/2008 Harvey Starin, Vice Chair Realtor Home: 272-1665 Alt appt 01/13/04 3596 Admirals Way Office: 272-7100 Reg Appt08/03/04 Reappt o8/31/oG Delray Beach, FL 33483 Cell: 665-0900 08/31 /2007 Lisa Shaheen Marketing/Public Home: 637-5776 Unexp Appt 03/01/05 3415 Lakeview Blvd. Relations Office: 865-4415 Re-appt 08/1G/OS Delra Beach, FL 33445 Cell: 305-772-3328 ALTERNATES 08/31/2007 Bernard Federgreen Home: 265-3339 Unexp Appt 02/20/07 1260 NW 24~' Avenue Director of Delra Beach, FL 33445 O erations 08/31/2007 Vacant Unexp Appt Contact: Venice Cobb g-7056 Send Agenda to: Al Berg, Brian Shutt & Donna Quinlan Faz final Board Order to Chair Person for signature Copy of approved minutes to Donna Quinlan & Al Berg. S/City C1erkBoard 07Board of Adjustment _ .. __.. ~.J ...........~. .. ~i~ ,~vr.. M~vJ f'1tIV 1a_ JV 1 l_'"fJ V1 VZ I V CZJJ 1 1 `T r . C DELRAY BEACFI ~ ~p~ CITY OF DELRAY BEACH ~~5~ ® BOARD MEMBER APPLICATIOI~E~~,V 2ooi JAN 2 5 2007 Please tune or odnt the Eollowine infoanation: r.t-rV t,LERI~ 1. Last Name: 5C1w~~5 Name JOSS M.I. 2. Home Address: G3S ~b~ ST, City ~~ ~~~ State 1F1..• Zip Code 33487 3. Legal Residence: !~ 3 S ~tio~ S`~-. City ~Za~+ State FL. Zip Code 3 3~8~ 4. Principal Business Address: t34 Z1.~. tSS1~Yt: City AEUR~~"bEKt+ State ~~• Zip Code 33~i4 S. Hbme Phone: 9q'1-84~~• Business Phone: 2T~-~9Si E-Mail Address: ~~,S~cu>~u~4t~ Cell Phone: ~oG-~3G'{• Fax: 2~3-t3~~'~ G. Date of Birth t Z -11-G o 7. Ace you a registered voter? If so, where ace you registered? YES Boca. ~rTD~1 • P~~.M ~~tN ~ o . 8. What Board(s) are you interested in serving? Please list in order of preference: o /r u 9. List all City Boards on which you are cuaendy serving or have previously served: (Please include dates) ~ = v 5 10. Educational qualifications: o - V\-1 O VG 11. List any related professional certifications and licenses which you hold: t 1 ,~L OF ~ 12. Give your present, or most recent employer, and position: "FRS G\ /~L klfth} Gu SO i VI ~4 ( ~ S 13. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a beef resume) S SuM I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts coma' ui 'on cause f rfeiture upon my part of any appointment l may receive. /- Z~-o1 SI NA DATE Note: This application will remain on file in the City Clerk's Office for a period of 2 yeazs from ;he dace it was submitted. It will be the applicant's responsibility to ensure that a cz-rcent application is on file. JAN-24-2007 17:28 FROM:CURRIE SOWARDS AGUIL 561-243-8184 Tf~:2433774 P. 3 JESS M. SOWARDS, AIA Principal enuc.«lon • Bachdor orArrhltodurc unlverelty of KmtucJty 1997 RE(iISTRATiOIY • Arrbltectl Ce~tlHed: IRotida, Af 13203 • Rc~R6, ~ 146861 PROFCSSIO~vu, wrrll,uTlons • Ameriasn institute or Atrhltecxe • IRorlda Aaeodatlon, AIA Palm Besc2~ Chapter - rnsidcnt OR(iAI'IIZATIOIYS Ct COMMUPII'fY SERVICE • tlty or Uelrgy Beach Plamleg and Zoning - Past Board Member • aty or oaray Beach isoatd of Adjuatmeata - Past Vice chair - city or o~y ~~ 91te Pion Review Board - Pa~t Member er Past Chair • Pineapple Drove Main sweet neslgn committce Mcmbcr • Rotary club or rldray Beach -Post sorraary Jess Sowards joined the firm in the Pall oP 198? following his graduation with a Bachelors of Architecture from the Universtty of Kentucky. Having worked at a number oP architectural Pirms while completing his formal education, Mr. Sowards gained a good base from which to build on making him a valuable member of the Currie Design team. Mr. Sowards advanced quickly in the firm taking !n many challenges which included the design and reconstruction of a number oP hotels, shopp[ng centers and fire stations. in 1989, Jess became a registered architect in the state oP Florida and received his certiPlcation Prom the tYational Council of Architectural RegLstratlon Board ([~iCARB). Having developed his skills to where he managed multiple protects from conceptual design through occupancy, Mr. Sowards was promoted to the position of Associate Architect with the firm in 1991 and Principal in 2040. Community involvement is an integral part of his commitment to architecture and good design. He has participated in numerous design charrettea including Old School Square, Village of Key Biscayne, Pineapple Grove Main Street and others. Mr. Sowards has been a member of Clty of Delray Beach Board of Acilju9tment, Clty of Delray Beach Planning and Zoning Board (currently serving as the chairman), City of Delray Beach Site Dian Review and Appearance Board, the Pineapple Grove Meiln Street Design Committee and Is currently serving as President Elect of the Palm Beach Chapter of the Florida American Institute of Architects. Jess was honored with the Hillard T. Smith Award in 200 by the Palm Beach Chapter of the AIA for his active leadership in community activity and service which was of direct benefit to the community. CURRIE SOWARDS • AGUILA • A.RCIiITECTB MEMORANDUM TO: MAYOR AND CITYiCVOMMISSIONERS FROM: CITY MANAGER G~' 1 DATE: APRIL 13, 2007 SUBJECT: AGENDA ITEM #~• ~ -REGULAR MEETING OF APRIL 17.2007 APPOINTMENTS TO THE PLANNING & ZONING BOARD ITEM BEFORE COMMISSION This item is before the Commission for appointment to the Planning & Zoning Board. BACKGROUND Mr. Gary Eliopoulos and Mr. Nelson McDuffie submitted their resignations from the Planning & Zoning Board due to their election as City Commissioners. The resignation letters are attached for your review. This creates vacancies for two (2) regular members to serve unexpired terms ending August 31, 2007 and August 31, 2008. In order to qualify for appointment, a person shall be either a resident of, own property, own a business or be an officer, director or manager of a business located within the City of Delray Beach. The following individuals have submitted applications and would like to be considered for appointment: See Exhibit "A" attached: A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered with the exception of Christel Silver. Mr. Seabron Smith is registered to vote in Lake Worth. Based on the rotation system, the appointments will be made by Commissioner Montague (Seat #4) and Mayor Ellis (Seat #5) for two (2) regular members to serve unexpired terms ending August 31, 2007 and August 31, 2008. RECOMMENDATION Recommend appointment of two (2) regular members to the Planning and Zoning Board for unexpired terms ending August 31, 2007 and August 31, 2008. Nelson S "`fNoodie' JKc~Drcffie 2364 ,S'`GV 3S~ St ~DeCray BeacF~ ~'L 33445 March 27, 2007 City of Delray Beach Planning & Zoning Department 100 N.W. 1 ~ Avenue Delray Beach, FL 33444 Dear Denise: ~E~~~~~~ MAR 2 7100y ~~TY CLERK Due to my recent election as the Commissioner for Seat 3 on the Delray Beach City Commission, I am required to submit my resignation for the City of Delray Beach Planning and Zoning .Board, effective immediately. t have enjoyed the experience, the other board members, the staff and the interaction with the citizens of -our -community. i -will miss all of you, but will, obviously, still be involved and in contact with you for at least the next two years. You have all helped me prepare for the task that now faces me and I am grateful for all that you have taught me and cherish my friendship with all of you. I'It see you- around City Halt. cer ly, ~-~ Nelson . "Woa Commissioner-E CC: Chevelle Nubin, City Clerk ELIOPOULOS ARCHITECTURE, INC. Architecture, Planning + Design AA0003179 March 19, 2007 Mr. David Harden City Manager City of Delray Beach 100 N.W. 1S` Avenue Delray Beach, Florida 33444 Dear Mr. Harden: ~~~~~~~p MAR 7. 1 2007 ~1~Y ~~'~~~~ Please accept this letter as my resignation from the Planning and Zoning Board effective March 20, 2007. As you are aware, I will begin my duties as a City Commissioner on Mazch 29~', 2007. It has been a pleasure service as a City P. Eliopoulos cc: Denise Valek Venice Cobb the Planning and Zoning Board and I'm looking forward to my 205 George Bush Blvd. ^ Delray Beach, FL 33444 ^ Phone: (561) 276-6011 ^ Fax: (561) 276-6129 ^ E-mail: GPEQAOL.COM PLANNING & ZONING EXHIBIT "A" Ronald Brito Contractor-President Rick Corbin Business Owner-President/CEO Michael D'Addio Business Owner-Real Estate/President Maura Dersh-Wissekerke Project Manager Joe Farkas Finance-Manager Bruce Gimmy Retail-Business Owner Sigurdur Hardester Sales Executive (currently serving on the Board of Adjustment) James Houck Property Management (currently serving on the Board of Construction Appeals) Lynn Klein Finance-Executive Director Pearl Markfield Elrod Realtor Eileen Marks Retired/Banking (currently serving on the Nuisance Abatement Board) Ralph Morse Retired/Photography Kenneth Peltzie Healthcare-Vice President Francisco Perez-Azua Business Owner-Architect/President Mel Pollack Security-Director (currently serving on the Board of Adjustment) Ria Santos Financial Consultant Jerome Sanzone Contractor/Building Official Cheryl Shaffner Real Estate Jeffrey Silberstein Architect Christel Silver Real Estate Seabron Smith Executive Director Thomas Stanley Attorney PLANNING AND ZONING BOARD 03/07 TERM REGULAR MEMBERS OCCUPATION TELEPHONE EXPIRES 08/31/2008 Deborah Dowd Educator Office: 304-4214 Appt 08/15/06 7 NE 16~` Court Home: 276-3991 Delra Beach, FL 33444 08/31 /2008 Paul Zacks, Vice Chair Attorney Office: 355-7396 Unexp Appt 02/01/05 748 Place Chateau Home: 498-2298 Reappt os/15/06 Delray Beach, FL 33455 Cell: 307-3583 Fax: 355-7193 08/31 /2008 Joseph Pike Business Owner/ Office: 274-6500 Appt 08/15/06 315 Lake Eden Way Engineer/Environ Home: 243-0060 Dekay Beach, FL 33444 mental Assessor Cell: 706-6360 Fax: 274-8558 08/31 /2007 Mark Krall, Chair Attorney Office: 276-7424 Appt 12/04/01 unexp 1405 S Federal Hwy #141 Home: 330-0215 Reappt07/22/03 Reappt 09/06/05 Delray Beach, FL 33483 Fax: 278-6909 08/31/2008 Unexp Appt Vacant 08/31/2007 Unexp Appt Vacant 08/31/2007 Charles Halberg General Contractor Office: 498-1112 Appt o9/o6/OS 4870 S. Classical Blvd. Home: 637-0136 Delray Beach, FL 33445 Cell: 441-2990 Fax: 499-2814 Contact: Denise Valek, x-7041 S/City C1erltBoard 07/Planning & Zoning Fk(~hl ~;TH!!}aUL 1<; ~_piir', ~;;«,/:;T. ~•~~/N.;, r„~11~'I~~r',:~t E~ v, ~lc~ vo nEL ve: ~4 r!L1 a61~iJSr r4 t,'1'1Y l:l.t:!(!L 1Q~002 g~.~u-]r aE+cH REC~~~/ EDP CITY OF DELRAY BEAC ~~L ~ ~ 20a6 1 / H `~~,~ ® BOARD MEMBER APPL.ICAT~FY ~ 1993 20U7 PIC2SC LVDe Or DIIIIt the follr~mins. infnrm~rinn- 7~2 ~~ 1. Last Name: ar ~ ~o V Name ~o n cZl a(.. L/ V Irt, 1. 2. Home Address; 19 8JE Z7 ~ ~1 v~ Gty 8o r~ ~-on $e~~_ Sure ~~ Zip Codc 3 3 3. Legal Residence: City State Zip Code Sa rn -~ ~. Principal Business Address; City State Lip Code Z~Sq tit/ebb ~~~ ~Z Delra.~ ~~. c~ (_~- 33~f~~ 5. Home Phone: Business, Phone: E-Mail Address: Cell Pbonc: Fax: 5(01-73'f- 8$28 51o1-Z7~1-03)1. eciwo~l~ ®c],ol. 5~i•35o -o-7r (o~ • L~ q - o3j h- Dale of Birth 7. Arc you a registered voter? If >o, where arc you registered? R - Z - ~ (o yes ~o~y~+a>-, Be4 ~ , F~ 6. What Hoard(sj are yon interested in serving? please lint in order of preference- 1~ ~ s-f-a r i c ~ l P~eSCY Ja.+t`o~ Boa Y o(.- ~ e/~" ~ , fZ 9, list a@ Cig• ]3ouds on which you ate currrnrly sc[viag or have Pttvioosly sewed; (Please include dates C r Soar o l - o0o Zoo L 20. Lduntionzl qualificnQOns: r ~ ] ]. List any related professional certifications anti license, which yr~u hotel CC'~G-o+F7'Sro Floricla~ 3$ ~ ~ Cali rn,'Q.., of 3`fiZ U•5~ V%r ;r-. is /Qll 3 are- C~evtorau COn-~Ta[„C~•+D r' 1~CehS~ S 12. Gimme your present, or roost recent employer. and position: r r r r G• rG +e '~ 13. Describe ecpericnccs, slclLt or knowledge which qualify ton to serve on this board: (P1eau attach abrief re5-uma ~ r r U 9.~G r'o u n~ n h C erG 1 ri ~ ans~ r es: d e n-h' A, l Did ~ ~ rey-b rQ -~•,~o„ o f S a r,d o ~.~ccy ~1 a}y r e- ~e~;.,.},C r «5 Yar10/S reS-den+,•a~ r~s-Eor•~~,'0•--5 7 eceby certify that all the abavc s[atemen a role, and I sgcae and understand that any miss[atzoncpt of ma[eIIal facts contziaed in [his application y cause feinue upon my par[ of any appointment I ma receive. G-- r 7 ~ ~ SIGNATVRB DA rn~ i~v«. i,u5 aE,puC3UVn ~vut rrmam on zue 1L1 tot uty Ltetts s vrnce for a peaod of 2 years from the date it was submitted. It will be the applicant's responsibilitq to ensure that a current application. is on 61e. Mar 29 04 04:03p Enterprise Contractors (5611279-0335 p.3 RON BRITO, GENERAL CONTRACTOR I98 S.E. 27`h Avenue Boynton Beach, Florida (561) 441-1767 WORK HISTORY: 1965 -1979 Fourteen years as a framing and finish carpenter in Riverside, San Bernardino and Lnguna Beach, California. Production framing on several multi family complexes, hvusing tracts, and high quality custom.fnisla work. Seven years as Carpenter, twu years as Leadman, five years as Foreman on new residential and commercial projects, as well as renovations and remodeling. 1979 -1983 LICENSED BUILDING CONTRACTOR /CALIFORNL4 Lic. B-388997 Spent jive years subconh•acting and running framing, siding, trussing, floor foisting, and .stair installation on multi family complexes from large contractors. During this time, I contracted new single-family homes, additivns, remodeling, commercial roofing, and commercial tenant improvements. 1983 - 1985 Job Superintendent on custom housing in the Nashville, Tennessee area for one year. Subcontracting framing, trussing, and siding jobs for the next two years. 1986 -1989 LICENSED GENERAL CONTRACTOR/FLORIDA Lic. CGC-047369 Worked at "The Township " as Punch-Out Foreman for one year. Worked for David Jones Conslructivn at Gleneagles, Polo Club as Lead Carpenter and Foreman for one year on 32 eight plea wood frame multi family units. Worked for Davis Brothers as Superintendent on Brighton Lakes in Boynton Beach, building 36 wood frame duplexes. Constructed custom housing from Manalapan to St. Andrews, Boca Rato~t. Received General Contractor's License in February 1989. 1989 -1991 LICENSED GENERAL CONTRACTOR/U.S. VIRGIN ISLANDS Lic. 2-01392-92 Traveled to St. Croix after Hurricane Hugo for S days to bring supplies and help restore potiver and water Jo units of condominiums for a.fi-iend. Agreed to come back to restore hno houses. Restored fourteen residences, tr>>o commercial buildings and six rental units. Also completed work in St. Thomas and St. John on custom homes. Acquired General Contractor's License in the Virgin Jslands in February 1990. Returned to Florida in July of 1991 and began new additions and remodeling projects- After Hurricane Andrew, I opened a .freld office in Miami for restoration work My Miami office completed 16 residential restorations and about 32 rvufing projects. Mar 29 04 04:03p Enterprise Contractors [561)279-0335 RON BRITO, GENERAL CONTRACTOR Page 2 1992 - I993 Was asked to take over operations of Falkav Construction as General Mgr. and to qualify the company. Falkav Construction was, at that time, under cvntruct with the City of Delray Beach for the new Tennis Center (2.5 million-dollar contract) and was engaged in school projects for districts from Lake Worth to Miami-Dade Cvunty_ Although, after a thorough research, I decided not to qualify Falkav, I brought the Delray Tennis Center to substantial completion in time,for the Virginia Slim Tournament, and all of the school jobs were ir! line. 1994 -present Owner and President, Enterprise Contractors, Inc. Enterprise has completed many local residentiul and commercial projects since it 's inception, including new construction, additions, remodeling and historical renovations (such as the Sandoway House Nature Center in Delray Beach)_ In August 1995, I was appointed tv the Construction Board of Appeals in Delray Beach,. and I was the Board's Director. fora 2 year term. I'm still servins on the Board for 2003 to 200 PERSONAL HISTORY: I am 57 years old, married, and have four children. I have two years ~f college, majoring in Business Munagement. 1 am an active member of my church (SDA), where I have been a Deacon for 14 years and um currently cr Sabbath school teacher for,voung adults. 1 also sit on the Church's Building Committee. I own a home in Boynton Beach, where my family has lived for 19 years, and I am a member of the Architectural Review Board.for the Vernon Heights Property O-vtaers' Association. I am also a IS your rrrember of A.A. and am active on several committees. Tennis, surf ng and jogging are my favorite pastimes. p.4 DELRAYJBEACH r: ` 1993 2001 CITY OF DELRAY BEACH ~~~°r~ BOARD MEMBER APPLICATEE`~~~ Please type or print the following information: ~u~. 2 p 2005 ,..-~~ .~.~ERK 1. Last Name: CORBIN Name RICK M.I. 2, Home Address: 719 FOXPOINTE CIRCLE City DELRAY BEACH State FL Zip Code 33445 3. Legal Residence: City State Zip Code 719 FOXPOINTE CIRCLE DELRAY BEACH FL 33445 4. Principal Business Address:. City State Zip Code 6Ul NORTH CONGESS AVE, SUITE 434 DELRAY BEACH FL 33445 5. Home Phone: t Business Phone: E-Mail Address: Cell Phone: fax: 561-381-1047 561-272-1027 RICK@THECORBINGROUP.COM 561-866-2321 561-272-2675 6. Are you a registered voter? YES If so, where arc you registered? DELRAY BEACH 7. What Board(s) are you interested in serving? Please list in order of preference: PLANNING & ZONING BOARD '8. List all City Boards on which you are currently serving or have previously served: ( lease include dates) NONE 9. Educational qualifications: CHARTERED FINANCIAL CONSULTANT 10. List any related professional certifications and licenses which you hold: NONE 11. Give your present, or most recent employer, and position; THE CORBIN GROUP, PRESIDENT/CEO 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (please attach a brief resume) I OWN AN EXECUTIVE BUSINESS COACHING ORGANIZATION WITH CLIENTS WORLDWIDE. FUNDAMENTAL TO RUNNING AN EFFECTIVE BUSINESS IS DEVELOPING AN EFFECTIVE PLAN I BELIEVE MY SKILL SET AND EXPERIENCE WILL BE AN ASSET TO THE BOARD AND I WISH TO CONTRIBUTE TO THE CITY IN WHICH I LIVE AND WORK. hereby certify that all the above statements are true and 1 agree and understand that any misstatement of material facts ontained in this application may cause forfeiture upon my part of any appointment I may receive. SIGNATURE - DATE ,.. Note: This app ion will remain o le in the City Clerk's Office for a~period of 2 years from the date it was submitted. It will be the applic nt's responsibility to ensure that a current applications i~;:on file. S\CIlY\HOARD APPL[CA770N ~~ thecorbingroup mokirrg the bestkaCers even better. July 15, 2005 City Clerk's Department 100 NW 1st Street Delray Beach, FL 33444 Board Member Application Dearsir/madam ~~ o~/~g1ac~ <~.1 -r a www.thecorbingroup.com Congress Commerce Center 601 N. Congress Avenue. Suite 434 Delray Beach, FL 33445 tel 561.272.1027 fax 561.272.2675 Please .find enclosed an application to be considered- for the Board Member Position for the Planning and Zoning Department for the City of Delray Beach: If you would like any additional information please contact me at your convenience. Regar ~~/`- J .~ Ric and P Corbi President 1 CEO Enc. City of Delray Beach Board Member Application. Rick Corbin's passion for coaching began almost 30 years ago. After serving honorably in the United States Marine Corps for eight years with a tour in Southeast Asia, Rick attended Northwest Missouri Siate University. Rick earned his certification as a Chartered Financial Consultant, launching a distinguished 23-year career as a Registered Investment Advisor in the financial services industry. Rick's success as a Financial Planner was a direct result of his ability to coach senior Level executives and entrepreneurs and was a prelude to the establishment of The Corbin Group. Rick's methodology and coaching style generated bottom line results for his financial planning clients and created the opportunity for them to live the life they dreamed. His effectiveness earned him an expansive financial client base, a distinguished reputation, and a listing in Who's Who in Finance and Industry. In the early '90s and in response to the increasing demand for his coaching expertise, Rick transitioned from financial planning to full-time coaching, launching The Corbin Group, an organization dedicated exclusively to providing executive business coaching to owners, presidents and senior level executives. Rick's former customers became clients and shared their successes and breakthroughs with their colleagues. Rick's vision of providing a unique and effective curriculum of seminars, workshops, courses and individual coaching has been realized and continues to evolve. ~-~~ thecorbiingroup UEUlAY BEACH . o o `!~~ ~ ~ CITY OF DELRAY BEACH SAN i g 2001 ® BOARD MEMBER APPLICATION ,.~Y ~~,~,~~ 1993 G 2001 Please a or rint the followi information: ~~~/9 1. Last Name: D ~~ O n i O Name M i ^ ~~~ . I. 2. Home Address ~ W s l ~ d~ City ~ l7e~1 ~Cc- Sta~ Zi e 3. Legal Residence: 5'~1N1 ~ City State Zip Code 4. Principal Business Address: 5~7~'1. ~ City State Zip Code 5. Home Phone: ~oI Business Phone: E-Mail Address: f''1 {c~~lDAclc~~o Cell Phone~~3 .Colic Fax: 6. Date of Birth 7. Are you a registered voter? If so, where are you registered? 8. What Board(s) are you interested in serving? Please list in order of preference: Diu 'u 9. list all City Boards on which you are currently serving or have previously served: (Please include dates) 10. Educational qualifications: 5-(~ ~ of'C1Q.. 1 t. List any related professional certifications and licenses which you hold: C . e _ -1-Q-I-L r 12. Give your present, or most recent employer, and position: < < C ~ ~ 13. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) ' ~~1 ~- ,e .N ,~ I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained in this a 'on may cause forfeiture upon my part of any appointment I may receive. /`1~b~- SIGNATURE DATE Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. DEIRAY [iEnCH `Art-Mterlca City 1 ~~ 1993 2007 c~-r~r of BOARD ME Please type or prior the kallowinQ infc.>rmatinn: POSt-1L°° Fax NOtA 7671 s~ y~ ~~~ r,~,.;o.a.r. Phnna tk / „) =1~'~o G~~ FaxFax q 1 'l!~'7~ 'V~ '~ 1. Last Nacre: dERSTI-wISSF,.KERI<E Name Maura I.L I• .7 :M~ 2. Hot sEd7t~i Ave `.. Ast #11 ty CAD'®1raY Beach PL t~ 3~4(~3oc~e 3. l.,eRal Residence: Same City State 7,ip Codc 'l_ Patccipal Lousiness Address: Gallo Architects & Development Company 1311 Newport Center Ur, W City Deerfield Beach State F1 Zip Code 334Q2 5. Home I'ltnne: 561.27P.A999 Iiusincss Phonr: -954.794.0300 L--Mail Address: Martrajw@aol.com Cell Phc~nc: 954.461.6523 ray: 954.794.0301 6. Date of firth 2 April 60 7. Arc yc.>u a rcgistcred voter? if so, where arc yc~u rec,~'stered? yes $. VG'}iac Board(s) arc you inccrestcd in serving? Please list. in order of preference: Plaruiitig & Zoning, DOwnLOw11 Development Authority construction bd of Appealti ;1, T.ist. all Ciry- Boards on wlvch yoti ate currently serving ~r have previously sciVrd: (Plcc+sc include daces) H~etor~c PreservaC on Boar -2006 3 10. F.riucarional qualifications: Sac o aar of Arch~.tecture 11. ~,.ist any rclaccd profrssion~tl cerritications and li.ccnscs which y<)u hold: 12. Give qour prrsrat, ~>r most ru.ent employer, and p~sitiocL Gallo Architects & Development Comp, 1311 Newport: Censer DR Deerfield Eehch Project Manager 13. Dcscrihe experiences, skills or L.rto~vlcde;c which qualify you cn serrre on this board: (Please attach a hrieEresumc) I have been in aspects of ArchlCecture for over 20yra. I have lived and or workefl in Dalrfty site h Zuniug codes I hereby certify chat all the above scacemenis are [n1c, and I agree and LLrt(letttatld CllaC any tI1155iaLCC71C[lt Crt nlaCenal Eacts contained in thi. appli~ti n may use forfeiture upon my part of any appnincmcnt 1 may receive. 1. 1 S!<tN11TURE f k)ATI; Note: ?his application will retrain on file ui the City Clerk's Office for a period of 2 years from the dace it was subnlicted. It will be the applicant's rrsponsibiliry to ensure chat a sorters application is nn tilt. ~~~~~ MAURA J DERSH WISSEKEItKE 34 SE T¢' Aveune Apt#11 Delray Beach F133483 561-27R-1999 CELL: 303-395A329 FrMAIt- M9VRATW®no[..COM PROFESSIONAL EXPERIENCE: Diverse experience in all aspects of Design and Project rnanagetnerir, from initial program review thronrgh preparation ofpunchUst_ March 2001-Present- Robert G Curtie Partnert~hip, Delray Bcacll, Florida Project Manager Responsll~le for all aspecxs of project, • Site and building design. including applicable code research • Co-ordination with clients, cons~utrAr,rc ~d wntractois • Pmductiou of contract doalmeats and specificatons • Cotlstru~-tion adrnistrabion Projects: St Andrews Country Club, Duvall Place Cottdilniumurns, Vlllaige Gr-u-de Condimiunnrtns. Miami Fire. Station #2, Delray Playhalse-Childress Theatre lone 1998- January 2001-THOMAS POPE, PA., Key West. Florida Project Archite~-t Projects: Hyatt Key Wester, (>20 Southard Street; Bryan Residence Truman Anne Hendrick Residence 901 Flagler, Woods Residence, Powell Point Bahamas, Radisson Hotel September 1997May 1998- WYLAND ART GALLERY, Key West Florida Art Consultant/Sal~rson Assisted •manager with training October 1995-April 1997- LIZ CLAIBORNE Inc., New York City, New York Senior Project DesiguerlManager Corporate Responsibility for all oifio~, showrooms & spacial projects October 1991-September 1995- LIZ CLAIBORNE Inc., New 'York City, Near York lt~ponst3sle for New York City and Regional offices, showrooms, offices 8t spacial projects Helped to developed deparnrnent Created drawing standards and files rising Autocad Projects: Atlanta Apparel Mart Showrooms and offices, New Jersey retail offices, Corporate retail display Presentation. New York Sho~wivo>rs and offices for Villager, Crazy Horse, Dresses and Collection Studio April 1985-September 1991-Designers Fore Ltd-, Ne~Y York City, New York May 1984-March 1985- Met3ky & Zarckermae, veeona, New Jersey June 1983 May 1984-JS Randolph Associates, liaclcen~ack, New Jersey Education- New Jerzy School of Arcmtecntre (C~ NCE, Newark, New Jer~x'.y 1983 Bachelor of Architecture Certificates for IES for Commercial 1Ir industti2l Lighting RCS Building Cade hlspoctor- I8t2 Family dwelling-a Sub-code Official- 1812 Family DweDings New York Building Code Cotnpliatxe ADA Compliance ~d LI~C5:3Fi ~itx. t~ •~,oN b3i3 ~bZ 195 'ON ~NOHd dIHScl~f-dl'c1Hd ~IcI'c](l~~ 'J 1cl~3ll'd WOcJ~ DELRAY BEACH .o.. ~, 1 1 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please of tint the folio ~ information: ~i~% ~~~ 1. Last Name: ~~ / Name ~- ~c~ ~ I• 2. me Address: ~ ~-.~ ~ ~ City ~~ State ~ Zip Code 33y s 3. Residence: City State Zip Code 4. Principal usiness Address: 3~~ Gam-/-~-sT ~-r~~.-T, ~ ~ ~~ a~L~ ~~.~~- `~ ~ ~ City D ~ y ~ ~~~ State ~ ~ ~ . Zip Code 33Y~3 S. Home Phone: ~ 7~ Business Phone: l a ~1 {v~/~ PrMail Address: ,~~iCe .f/o !~~!G'1 Cell Phone: 6 C~71 ~b~/ Fag: . 6_ Are you a registered voter? If so, where ate you registered? 7. What Boud(s) are you interested in serving? Please list in order of preference: ~p ~D D Z .~ !r /~n~ni L~ ~ i l''9NC ~ P YC1 8. List all City Boards on which you are Rirrendy serving of have pteviouslp served: (Please include dates) 9. Educational qualifications: ,g ~ l... G 10. List any related professional certifications and licenses which you hold 11. Give pout present, or most recent employer, and position: LIi/ AN G- 12. Describe experiences, skills of knowledge which qualify you to serve on this board: (Please attach a brief resume) .Si~Ge ~ n s ~.~~ -tv ~c ~«t~y' A~-~- ~r2 ~ c. T7 I hereby certify that all the above statements are true, and i agree and understand that any misstatement of material facts contained in this application may cause forfeiture upon my part of any appointment I may receive. e ~~ ~ ~~ -~~~s- SIGZ TU1tL DATE ~. ate: This application will remain on file in the' City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. y~y~pAHDi1AAPPi.i('~'iIUN flay-16-05 05:19pm From-WASHINGTON (MUTUAL +5616898506 T-182 P-03/03 F-809 JaIE J. PARKAS 7 37 Northwest 37th Avenue Delray Beach, Florida 33445 (561) 499-4ci78 Cell: (561 } 27'1-7651 OBJECTIVE :seeking Management position with growth oriented organisation where my skills and Experience can be utilizE-d- SUMMARY OF QUAD FICATIONS Professional offering exceptional manaclerial, organizational and motivational experience in finance industry Proficient in coordinal.ion and implementation of multi task responsibilities Excellent communication and public relation skills with strong emphasis on customer satisfaction FOSSeSS nlgn WOrk e[nIC wlth versatili[y cii~l Nciacverancc Experience in traininc and motivating sales and service representatives Continuously exceeds goals ~• Productive in effective; time management to ensure schedules are met ~• Effective team player and proven troublesh~~oter EXPERIENCE 11100 -Present ',vASH1NGTON MUTUp.L BANK, West Palm 13each, Florida asst, Vice President / ~~Inancial Center Manager ~• Hire, train and motivate staff of 15 to become effective bankers •- Attained mortgage ar~d consumer loan growth of 125% to 175% ~- Develop and maintain positive business relationships and community contacts ~- Realized 100°1° goal ~3ttainment for the Pass: four years 11/92 - 11!00 ,~MTRUST BANK, Boc~~ -Raton, Florida ~oan Officer (3197 - 11 /00) - Processed loans fror~i origination to closincl - Produced $19 million in mortgages during one 12-month period • Underwrote and approved authority for equity loans up to $250-000 Branch Manager (6/93 - 3197) - Managed staff of 21 in sales and operations of $500 million branch (largest branch in system nationwide) - Provided high customer service levels emphasizing problem resolution and staff development Loan Officer (1 1192 - 6193) - Solicited builders, developers and realtors to originate loans - Generated $15 miAion in mortgage from 1'!92 to-6/93 4/85 - 10192 CALIFORNIA FEDERAL SAVINGS 8. LOAN Branch Manager - Created customer awareness by developing and implementing marketing programs and soliciting outside, business - Branch consistently :achieved over 100% ct production goals Ra~lhPlnr ~f Business Administration •' 'p Yi .TAt1-1'3-'?697 61 _'2~ AM TP.OI_ISER 'SHOP Sol 749 1r~1:3 P. 62 01/18/07 T8U 16:48 FAI 6812433774 CITY CLSRI{ ~ 003 . ~,: RECEIVES CITY OF DELRAY BEACH JAN ~ ~ 2001 ® BOARD MEMBER APPI.ICATtONCITY CLERK i o; DI....~ -...~.. w~ .~dnr !~~ finlinav7no inFnfrnnl'Inn• ~/~~~ 1.-_ I~st N ~ , ~~ Namc ~~~~,~ ~ M I. . 2 Home ~ " Gc' ~ ~„ U' ~. ~~C/~C /1 i ~ ~ :t~ 3. X.egs1 Rea~datl . 4.~n~.S2_ Ciey State Zip Code 4_ P~cis~ rtes ~a ~ ~iP 5. Home ~ ~j°~'~ .5~.~ ~ 7'J 7 (~~ ~ - Bu esa P ot3e- ~ / ~ ~ ~ ~~~ ~f'F' ~i/1 c~ ~ ~v-., ~j 1 C~3,..r ~ Phone `~ ~>~~ ?~)~~ ~ ~`7~ ,~sx: ` ~?I T ~1 L7 ~~ I G. Datt f firth ~ /~, j '~ 7. Aze you a egianred voccr? IE so, when arC you tc~su~sed? 8. What Bostd(a) itz you interested in aenring? Please list in order of ptr.{mnce: _ 9. Llsc ntl C3q oa @hich you are cuttr~ntly er hsve prerloaa! • (Please include dates) . 10. BdueadnaaE elusli9rssions ~ .'GSA _~ ~ f? ~ ( _r ~' L- 11. Zinc say related ptofessioaal ccrdHcadona and licrnsea a~hleh you hold 12. Give pour pa+aeee; or moat rcceac employee, and poaMocc Owv,. ~- __ _ , t3. Dextibo , 91alLt O[ 1QtoavlGdge .Phich q~ulifp yen m actvO on this board: (Please attattt a brief trauma) I rhas sll the shave ara o ire and I q€.cae and nodes d disc say mus. eat o mansdal Eaets spplic~tion may Buse forfdture u{~on my part of at~y appointment I p ~ DA?Ii Notes l~s application ~ trsaain on plc ~n the Qty Glczk's of~oc fur a pcrlod of Z yc9ss firm the dart it w1S submitted. Ic avill be the applicant's responaib~lity to ensure that a entreat application is on &lE. .TAN-27-~7 G+2 :22 AM _T I LL HARIIESTEF~ 417 774 7~az P. Gtl DEIRnY BEACH ~ CITY OF DELRAY BEACH BOARD MEMBER APPLICATION SAN 2 6 2007 ;~. 199J R~ 20Q1 C~ PICa~C I)}+l c,r1~ruit ll1C [VlluNltl~ !11[C~tILal~~tfl: ~ ~~ O~ -- --- I. last Narrlc': Nanx• -- -__ --- --- ~ . [; 1"~ - -- '. Hvlnc• 1c~clr~•. L.. / ~ 13 0 ~ L ~ ~~ c c.~ o o ~ ~ r ~~ ._ -_ - - rih- - -- - ~r l'-" :1 3 ~~ n ~ ~~-~ - Jl:i tc ~ ~ - - ll~i Cciilc s 3 ~/~/ S i. l.e~al Kcsidcnc.c: c_iti ~tat.c .iip G,elc S 1'}~'~1 4_ Pria:ipal L{u~ilt~~s :1~1<lres;: ,Avg-_/~, ~ o ~ ('- <.:ir~ .- - til.:}i.~ lil> C~~~~• ~...~~nl ~a.t•1~~1~ <-a~-~i-~-~ ---~~•, c~L_ -To.t_~-~~,,<,s~~ (- ~ 3309 s. 1r~1»~• rh~,l~~._ Bu~in~-: 1'h~in~: ir-2`la;l :~ddTe;;, -- (`~:I1 1~11~~>~~•: -r•.~K: --- .~b!- ~ _;g. rJoF~-.- ~-7Q1/, ~/~~•71~~J S[c~ !-1~r~t~t. src,~ ~~,I ~oG • ~t~r~ _-.. ^ M S!ll . L.c t~ C,. Talc vCltirlll ?. Arir y~;U a rc[~i~te•rcd t•<lTC~r~ - . if ,cl, ~LhcTi• :itc ~•c?u rc~istcrril:' ~ a2 S ' S ~-- ~ t- `~ $. Vi:'h:u la•.,arti!?) ari• y~nl u1lC•TCStCIl 1rl scn-in~' 1'lcs:;~• list in ~.~Tdu of prcfcrc:nc~:: ~.._..~ D O F.. /~ U~v..S ~ ti'1 c_N-~_ ~~ _~Lan.~~:iv ~ ~ Z oti[ uC,- ~. 1.,151 all i ~it1. 13~ yards yin which Y! ~u arc cutrcnTll .cis iuh ~.~r lta~•c ptwi.~u;l) s<•.n~cil: ~Tlcasc ini.lu~lr ,L1lc;) .__.__. lft. Lelueau•.,nal yualilitati~.•„~:; -- ----- --~ - ^_t L •l~~T=> ~~'D -- ~~~~ L I ,v 5_ L.c~ ~.l CF,i_ (~ J.~ -I..c-~~f}~ 1! ~---L-_ 11. Li:;t all}` rilalc•d l.~tvlcs~iunal cc~rrihcari~.m5 and liter- l~~a .vhicf, ~-ou le~~ld: t ~-- ----- _~~ 12. C~ivr ~'i,ur inn ~Cnt, •.>r mo=t ri•ccn~ cn,hl„y~.r, anil 1?•.+::ililtn: -~---~--~ 13. rh•,cril~c csrc,icnc~a, .kill. v[ knon-lcd~c which yl.,alif~ }••.•v t~, ,ervr •.n this board: Il'Ic:l~c attach a l~~ric f resutnc) ~ ' 1 hcrcby ecru C) that all th ah~~, ~• aatcmc•nti aic true, ane! 1 a};rce and un~lcantand chat any t11155G~tcntcnt ul material fa~as CU11I;1111Cd l 1111' a~+~ (a rll 1118 ~ <~A t.l:ic IVtlcl tllre Uh•ill 1111 1?''-t tt [?! 21111' a111 i~i1tl l[11e'nf. i nla}~ TCCClV e'. sic, :~- t. -~.~ ~ _.~--~__...- .., •i ll.~ Il( N~rc, '1•lli~ alllilic.~ti~~tl ~~ill rciuuin on Filc in the Cite (:1crk'-; <)lliec 1•.lr a lic.ri~_~e) vC' yc:ar~ fr~~,n tllc elate it was suL~rllittc.l. It •.vill I_tc the aPPlica.nt' rC•~E,~~tlsil?ilit~• rv rtlsutc thar ,i CurrC.ut ahPlicati~?ll is ~~r~ tilc:- .JAN-27-tiT 02 :2'2 AM JILL HAP.DE 1TER -4 r+7 773 .5 ~? SIG HARDESTER 4308 I.akcw~uud Dri~'c Phone: (561) 7Uti-9096 l,~l~~y T3c~ch, r_i 33.j-ati--- -------------------------------__~~.«21)~'~$oo~ E-mail. sibhardeste.r~`nntsn.c~>nt QUAI,IFIC'A7'IUNS SUM1IMARY Sales / 1`1ana~!ente.nt I'ruf~ssiunal with rnorc than 1 S )•esl'~ experience with 113M, Xerox, and Siemens in the Telccomnwnicatic~us and Information Technoloby Solutions husincs, A hands-nn 581CS C\cCUllv'Z wl[h I1 prcwcn IfaCk 1'CC~>I'd i>t-SLICizSS In 2xG8edln~ tiales i1nCl ~US1hmCr 1at15faCllOfl pmjcctiun: and meeting{ ~*itals and ubjctti~es at all levels nt the ~~rg,vti~atirnt. PROFF:SSI()NAL EXl'E1ZIF..NCF: SIEMFKS E1vTFRPRISE NETW(lIt1~S, Boca Raton, FL C'-rmnk'ri i~-1 J~lje's :'llenrei~e~,-. Flvi ieln 3/03 -Present Kccruitcd back to Sicm~lu to rehuilcf a nine rencm cilrnrnercial sales taarn responsilile I<,r direct and channel saps in the Florida Sevbraphy. Through aggressive pci•forlnance management and rect'uiting "A" level pi'I'fi~rRlcl"5, w~is ;iblc l.t~ achieve. i ,F~;e of team orders nunthel- during. Itty .«cond }~eal-. ttiey i-t;iSOlts for SUCCe55 InClUClf(1 lpCll) (1n C1U31111ed lill'~,P OppotTllnlt-25, leV2r1~',1111_y' ~\TlLlen tiLrFit2~IC BCCC~IInI pl;iltnlnb', anJ appmrrialc custc>nler c~ecutive level sales fitcus, to inclu~r linr ul t?usincs executives ys we{I a> tcchru~log~• leaders.. NEC: 13lISINk:SS NETWORKS SOI.UTIf)NS, Atlanta, GA tte~/rliuil.5ulr,i •'lfarlr7ter. S'outlltasr 4102 - 31(13 Tasked with cstahlishinK a huciness presence for NCC in the Southeast Re~iop for voice and data iill?sistr(ICture. st,rrln8 , ne••' office with senipr exCC.uliv~y, Qwn full P .4t I. resprnihility lirr ;ills, inlplcmi•n[ation and selti'iies. SIF.MF:NS iCN I,Dt~('.a 110P1AL SER~IGE~..ltlan4l, G~~ A1rnui~cr ~ J .5'ulcs Fcauc<alivn 2001- 24(12 S~ni(>r Seaff Assi~nm~nt. Led th:: efforts of a ~~~up of dcvcl~~pmcnt and ins[ructiunal drlively proCessioltals to desig~t and dCliver a Ct>nlj~rehcnivC ha.rYl and x>ft Skills ~il~S fi>rco curricultntt fir the: mist ext~.nsive prcxluct roll out in rumpany history. • Cc>mpanyu•ide sale.: ti>Ilc'. curriculum project ~•as completed ahetid c~t•~chrdlrle and im hud~;et. SIEM.FNti FfV~I'FKPKI~F: NI•°I'~'vVKhti, Adsnta, CAA 1999 - 2001 Suulf)i'ccs/ Ri'briun ;11 ~u-~;(•r S~.cond Icvet sales nlana~er reSt>L>nsihle for 35 Icch[lolot:,y' sales rcp~ an~i k-1r, enginexrs. C)wned full P~.L resp~msibiiity Cur a 61\4 revenue stream. Also o~'necf s(>lutions imhlententatiotl of enterprise comnxtnicatinns infi-asttvctuiz and butiines; applications tilt the Cic(>r~,ia, Nurlh C:~indina, and South Carolina markets, P . ~+ 2 • Miwcd ria;iiat titi>m Iasl ~~t I~' In ti°i cwcrall in 1xR.t.ixn line pl'rfutTnal7lC in less than tvvo years 7Hr•1-27-07 ~+2 : 23 HM ?ILL HGtP_DE TER 4r+7 774 25?~ P _ ~~ SIG HAKnF STEIt PROF1uSSIONAL l;Y!'ERIENCE (Continued) SIEMENS EN'I'>:Kt'KI5E NE'11~4'UKkS. Orlando, FL A~fc jnr D/~/.~ut'trrnrl y Dc~~~c•!u!)rrt~~rr1 A7cn)a~er 1998 -1999 Senior >taff a;>ignmcnt with resp~~nsibility for halt Ot the. L1nit«I States. Role ~ti~a: professional dcveiopntcnt of wmpany's firat line salei mattabcment ~,rc,up ;tnd lame acc<>unt closum planning. Additional re>Ix,nihility ~;'aS organizational change. agent file rore sales process n-dr.sign and driving; us<3gc/acceptartec of Sica,el s<-les force automation tcx~l acri>ss the s;,Ecs ur~utization. • f er~:c~nally facilitlated over ?0 fortune IOU and major public. ~etcr ,~hrk,,iunitic, tt,;,t resuk~:d in several million dollars in incremental revenue to the. buincss, Siemens [CN, (. trlandu, I-1. 1988 - 1998 Manalcd a team of ten major account >alcs rcprescnttilives covering the central and north Florida markets. • Awarded ItilanaFcr of the Year, I'aSiCrn nrta • S1C(I1Cn5 fCN, 199G • F.;trned sales rc~ugnitii~n "Club" trip 7 out of 10 yesr~ for sales objccli~•c over-achizvement. • Every team member excet:ded 1 UU'%~, ofd~Sl~,nc'.d gUOh ~ str~lghl yCarS, 1993-9(i. • Rea,gni~cd as company's Nariuaal.Srde~ <'~liurager cfthe Year in I'~98 IBM, Orl;uulo, f L 198.E -1988 Br(nlc'1)1~'rU~7"tlf,),i.1fu)k)fcP. /9S?-/951' leadership devcloprttcntal staffassignntcnt created and implemented hrartch with rnarkctirtg, pruhruns. Served ~~, liaison with other- 1[3M sale groups as ~4~cl.l a~ c~tcrnal business pa,tner:. Suca•ssfi,lly orchesU'atuf the f~Y I!~8~ branch kickoff ntcctirtg as welt ;is drvisCd and rolled out the branch's re~:ognitii~n strjtc~;y Car rh:tt year. Mcj~,r:lcc~uo)1 Su1~~~ R~7)resr)ucrri-•~, 19,)3-/yS,~ Represented IBM's tele:cummunications product; and Sc:rviuc~ to new and eXiSting cuslarners in ;r defined gaographic area. Assignment was ftkuseJ un Fortune 1(Hl accrnrnt as well as Florida State. and Local govcrnntent ace~nmts. • Earned top sales "Club ' dc;i~;nat ii,n ?out uC4 yeritrs fur sates plan over achicvunrnt_ XEROX C~ORP<)Rn'I'ION, OrlanJu, t~ L A~k~jvr:fc•curnrt.<<dec R~pr~.c~>rucrrir~<~ 1978 - 198~t Sales -copier, dupG.;rtur, and dcxuntcnt creation priKturt~ in a defined geo~;r,phic ~ura_ • Ir,u-nc.d fre::ident'> (=Job ' i~ul vl 5 ye;us, as ~~~ell 3: nurticriruti uthi~r award> and acftic~crnenis. JAN-27-07 E~'? :2.4 FtM .TILL HAFLE ,TER ~c+7 r 74 =. _ ~ ~ P. G`} SIG HARDESTER PROFESSIONAL E?r'PERIFNGE (Continued) EDUCATION Rollins C'ollcgc. V4'intcr Park. F'l~~rida Psycholob,y P1tOF1tSSIONALEDIiC'ATION/COMMUNITY 1NVOL~'EMENT Board Mcmbrr City ~~f D~Iray f3c•ach (3oard ~,f Adjusunent (200a - prese~ntl Ba.trd ~lrnihcr - 1 lamlet Countn_' C:luh HOr~ Leadc:r~hip C~:ntral f liiriila I ~)9R 1_.cadcr::hip Orlando 19~)~ Angel flighr ul~(;c~,r~;ia- volunteer Siemens l.eadcrship Chvcli~~xttcnt Institute '0(11 Lcadcriliih Institute Ciu~st Instructor ?001 ~xpericnc:ed Manager Training (IfiM. Siemens) Devcto(,ing a 1li~,h I'~•rfurnrrnrc Tram Seminar IBM New Manager In>titutc Selling tc~ V 1'fU (Very Important: T~~p C)friccrl Sellirtb nc~ Value DfiR/1Y BEACH . - - ~~~// a g ~~ CITY OF DELRAY BEACH ~ ~ ~ ~~ ~ ~~ BOARD MEMBER APPLICATI 2 7 20~~ _ __ .1993 ~~~~ ~... 2001 pI t the followin information: ease a of ttn 1. Last Name: ~ ~~ Name ~' ~ L 2. Home Address: ~ ~ .~ ~ ~ ~ .~- City ` ' j" Sta~~ Zips e 3. Legal Residence: ~~ City State Zip Code .4. Principal~Business Address: City State Zip Code S. Home Phone: ~ Business Phone: ~ D~ esp. ~ , ~. ~~a Cell Phone: Fax: 6. Are you a registered voter? l ~ If so, w~ie~re ate y~r~egis~te~red~ ,, , +~ _ ~ 7. What Board(s)- are you interested in serving?Pease ' in order of pref ence: ~~~~~ P~n~~ ~ ~~ ~ ~~ 8_ List all City Boazds on which you are currently serving or have ptevi~y served: (Please include dates) ~i S. 9. Educational qualifications: ~ (~ ~ ~-_~ ~ - , l (~ ~--v 10. List any related professional certifications and licenses which you hold: ~ -~ ~~ 11. Give your.ptesent, or most recent employer, and position; ~ - 12 Desaibe experiences, skills or knowledge which ualify you to serve one board: (Plr~e a~ ~ brie .. esume) _ ~ c ~ ~- ~ tc-~ ~ (~ I hereby ce e a o statements are true, and I agree and understand that any misstatement of material facts coatam to this appli n cause forfeiture upon my part of any appointment I may receive. . ~1 to SIGMA DATE - . Note: This application will remain on file in the° City Clerk.'s Office for a period of 2 years from the date it was submitted_ It will be the applicant's responsibility to ensute~ that a current application is on file. s~cirra~so,u~nUrer~r[ox JAMES HOUCK -RESUME OBJECTIVE & PROFESSIONALHISTORY Page 1 of3 OBJECTIVE To secure a PROPERTY MANAGEMENT position where interrelated experience in Architecture (S yeazs -Building Design and Site Planning), Operating and Capital Reserve Budgeting (18 years), Computer Software (20 years -Microsoft Word, Excel, Access and others), Construction (3 years), Corporate Business (10 years -Management, Sales, Marketing and Training), Property Management (18 years -Portfolio & On-Site Experience) and Real Estate Licensed (21 years -Commercial & Residential Leasing, Sales, Mazketing) will be of value to your company. PROFESSIONAL HISTORY 1992 - 2005 LANG MANAGEMENT COMPANY (Boca Raton, Florida) Property Manager -- "On-Site" managed a 460 unit condominium development with nine (9) five (S) story buildings and two swimming pools and a clubhouse. -- Managed a portfolio of up to 16 high end community associations, collectively consisting of 649 individual homes and 34S two (2} and three (3) story condominiums totaling 994 units. -- Responsible for preparing, implementing and overseeing the annual budget expenses of over $4,000,000 collectively. -- Professionally managed the contracts of accountants, architects, attorneys, carpenters, electricians, elevators, engineers, general contractors, horticulturists, insurance companies, .irrigation specialists, handymen, landscapers, masons, plumbers, roadways, roofers and other contractors, vendors and agencies. -- Successfully negotiated and monitored the completion of three (3) developer turnover settlements, 4 asphalt roadway overlay & 9 sealcoate projects, 8 painting and S sloped roof replacement projects. -- Set up "Excel" to calculate all the reserve budget reserve budget figures to eliminate the need to personally have to the calculations. -- Work with various city and county agencies on building and landscape projects. 1989 - 1992 BENCHMARK PROPERTY MANAGEMENT (Coral Springs, Florida} Property Manager -- Consistently directed the operations of up to 1 S properties, collectively consisting of more than 1,000 two-story and mid-rise condo units and individual homes. -- Responsible for preparing, implementing and overseeing the annual budget expenses of over $3,500,000 collectively. -- Successfully negotiated and monitored the completion of three (3) developer turnover settlements, 2 asphalt roadway overlay & 8 sealcoate projects, S painting projects, 3 slopped and 2 flat roof replacement projects. .JAMES HOUCK Resume -Page 2 of 3 1987 - 1989 CONDOR PLACE JOINT VENTURE (Boca Raton, Florida) On Site -Property Manager & Leasing Director -- Directed all on-site property management, sales and leasing efforts fora 40 bay 95,000 square foot Oflice/Warehouse building. -- Responsible for negotiating all contracts and leases. -- Liaison between general contractors and maintenance companies. -- Created and implemented annual budgets and prepared monthly financial analysis. 1985 - 1987 SCHNEIDER COMMERCIAL REAL ESTATE (Los Angeles, California) Real Estate Agent -- Working with developers, property owners and tenants negotiated more than $4,000,000 in retail and office leases and land and building sales. -- Created and utilized computer generated databases to work with buyers and tenants and also investment programs to analyze building and land sale opportunities. 1984 - 1985 FRED SANDS REALTORS (Los Angeles, California) Real Estate Agent -Commercial Division -- Negotiated more than $900,000 in retail. and ofFice leases and land sales. Achieved goals by extensive cold calling on owners, tenants and other brokers. 1974 - i 984 ST. CHARLES MANUFACTURING COMPANY (St. Charles, Illinois) A high end residential, laboratory and institutional cabinet manufacturing company. Western Regional Sales Manager/Multi-Housing Division (Based -Los Angeles, CA.) -- Successfully directed the development of a new region of dealerships, independent agents and corporate accounts throughout 7 key western states. Eastern Regional Sates Manager/Multi-Housing Division (Based - Ft. Lauderdale, FL.) -- Effectively managed 17 independent dealerships throughout 8 key eastern states. National Operations Manager/Institutional Division -- Supervised all corporate accounts and dealer services. Corporate Sales Engineer/Draftsman/Estimator JAMES ~" ~OUCK (Licenses, Designations, Memberships, Board Member, Education) Page 3 of 3 PROFESSIONAL LICENSES & DESIGNATIONS & MEMBERSHIPS 2005-Present Commercial Property Management (CPM) Candidate (IREM ID #0159693) (Chapter #76) 2005-Present Florida Notary Public Commission (#D411955) 1989-Present Florida Community Association Manager License (#5414) 1987-Present Florida Real Estate Broker License (#500323) 1984-1987 California Real Estate Broker License (Not-Active) 1984-1987 Affiliate member of the "International Council of Shopping Centers" (ICSC). CITY GOVERNMENT -BOARD MEMBER 2004-Present City of Delray Beach, FL -Vice Chairman -Board of Construction Appeals EDUCATION 1987-2005 FLORIDA -Real Estate & Community Association Management Continuing Education Classes 1984-1986 UNIVERSITY OF CALIFORNIA - Los Angeles, California -- 9 Commercial Real Estate Classes (Property Management, Marketing, Finance and Appraisal) 1976-1977 UNIVERSITY OF WISCONSIN -Madison, Wisconsin -- 8 Business Management Classes 1971-1974 UNIVERSITY OFARIZONA -Tucson, Arizona -- Bachelor of Architecture Degree 1969-1971 SOUTHERN ILLINOIS UNIVERSITY -Carbondale, Illinois -- Associate of Architecture Degree JAMES HOUCK 3763 S. Lancewood Place Delray Beach, Florida 33445 561-865-2636 jdhouck5l @bellsouth.net STRENGTHS & SHILLS Page 1 of 2 As a highly organized and self motivated professional with interrelated experience the following are a few strengths and skills I can offer: PROPERTY MANAGEMENT -- Create an extensive "Management Plan" to reflect the. goals of the .property and their owner's. -- Able to fulfill the manager's obligations under the property's management agreement. -- Able to manage a broad portfolio of properties and maximize their property values. -- Ability to quickly learn the roles and functions of all positions within a new property. -- Test economic alternatives to increase value and make recommendations. -- .Understand financial statements and accounting principals. -- Knowledge of available insurance coverage to protect owner's assets. -- Proficient in creating operating and capital reserve budgets and effectively manage their expenses. -- Understand and work with lease/sale analysis and investment software. -- Prepare an "Operations Report" if required. -- Examine problems and create viable solutions. -- Develop short and long term market analysis and economic plans. -- Orient new residents/tenants and promote positive relations. -- Enforce collection and foreclosure procedures. -- Constantly analyze properties physical and fiscal concerns. -= Understand legal issues as they relate to tenants and owners. -- Oversee operations, lease administration and construction management. -- Manage budget costs to maximize profitability. -- Monitor the construction of tenant improvement build-outs as required under lease term. -- Understand and meet goals of a property. -- Understand staffing and employee relations to create a top notch team. -- Maintain expense controls and increase Net Operating Income. -- Able to properly oversee the selection of contractors and other vendors. -- Strong ability to administer contracts and create tenant relationships. -- Proven record of excellent internal and external customer service. -- Provide direction and leadership to various in-house and out-sourced personnel. -- Inspect and evaluate all building equipment, systems and grounds to insure that.the appearance and operations of the property meet established standards. -- Develop emergency procedures and preventative maintenance programs. -- Develop operating and capital budgets and track variances monthly. -- Manage approved capital expenditures. -- Negotiate and approve leases and contractual obligations related to the continuing operation of the property. James Houck Page 2 of 2 -Strengths & Skills FACILITY MANAGEMENT -- Able to help or take on role of Facilities Manager, when needed. -- Negotiate and manage conformity with vendor contracts. -- Understand and manage capital improvement projects. -- Understand and work with architectural drawings. -- Conduct and prepare extensive property and building inspection reports. -- Knowledgeable about the construction and other components of a building. -- Manage risk factors effectively. -- Monitor owner improvements. -- Properly select and work with service providers. -- Identify and work out construction defect issues. -- Properly communicate with and motivate employees and outside contractors. -- Hire and effectively supervise employees and outside contractors. -- Oversee landscape and irrigation services and implement new projects. -- Able to effectively coordinate and/or oversee the security services; parking garage and valet services; tree trimming and removals; janitorial services; building engineer personnel; cooling systems; roof repairs and replacement; elevator repairs; asphalt repair and overlay projects; painting projects; concrete restoration projects; fire sprinkler systems and most other services and/or systems as needed. -- Properly plan and implement all the various types of maintenance projects, renovations to common areas and other scheduled long and short term maintenance and construction projects. -- Able to work closely with tenants on their build-out improvements. -- Familiar with most architectural building systems. GENERAL - Understand the dynamics of a lease and leasing to a tenant. -- Long term knowledge working with computer programs (Word, Excel, Access & others). -- Strong organizational, management, administrative, communication and leadership skills. -- Mature, responsible and businesslike in demeanor. -- Positive proactive work ethic. -- Flexible and able to multitask effectively. -- Professional in approach and appearance. -- Work effectively in a cohesive team environment. -- Willing to put in the hours it takes when needed. -- Willing to travel when needed. DELRAY BEACH „a.~. '1993 20U1 CITY OF DELRAY BEACH MqR~ ~i~FO c,Tr s?oos BOARD MEMBER APPLICATION fl ~~FRt. . , Please tube or print the following information: ~~~ %~~ ~~~~ 1. Last Name: JJG~! , / ,7 Name , f, / /~/Y M. I.~ 2. Home Address: City S Zi Cod 3. Legal Residence City State Zip Code 4. Principal Business Address: Ciry State Zip Code 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: 6. Are you a registered voter? If so, where you regi tered? ~~ ~i4z~ ~f~rilf~~pclt~i4 ~iCL,~`~'/~/FT 7. What Board(s) are y interested in servin~ Plea e ' ~ }i} Qrder of pre erence: ~/ ~ p~ypo V/~F U lC~~ /L- / 8. List all City Boards on which you axe currently serving or have previously served: (Please include dates) /'7'v 9. Educational qualifications: ~tr /9~'caSU.~/T/~/ ~~,4 10. List any related professional certifications and licenses which you hold: 11. Give your nt, or most recent employer, and position:/~ ~e -y- _ ` ~ Off, ~~~~ ~~ ~J ~ ..1~/QEC~./~7J/~ f .~Kl ~~~/~ /~- 300 ~E~-<' ~~ ~~.,~ ~ s~ Boa ,~,~,~ P..~. 12. Describe experiences, skills or knowledge which qualify you to serve on this board: lease attach a brief resume) ~- a . I here certify that all the above statements are true, and I agree and understand that any misstatement of material facts c 's application may cause forfeiture upon my part of any appointment I may receive. +~~Y~~ SI ATURE DATE Note: This application will remain on file in the City Clerk's Office for a period of "L years from the date tt was submitted. It will be the applicant's responsibility to ensure that a current application is on file. s~crrYCtEiuc~eo~teuweeucnnox 3 ~~~ ,90 ~m 31~~- i .•,., ~ ~n /,. I moved to Delray Beach in 2000 not sure if this was the community my husband and I wanted to commit to after living in the Northeast for most of our lives. While the transition was not easy since family still resides up North, we found ourselves welcomed into a city that is a microcosm of what we think America should be - a blend of peoples of all ages, races, and economic groups. A city that has pulled itself out of doldrums and is a relatively safe and embracing community complemented by the fact that it is sitting in a beautiful environment. We found that we became more active, looking forward to enjoying the beach and parks and attending the many events held in the city. We take pride in the fact that we call Delray Beach home. I am sure many of you have seen changes in this city in the past yeazs, but the challenges the future holds can be daunting especially in protecting the assets that make Delray Beach anAll-America city. Just drive down Atlantic Avenue and not only can you see the changes in the city but you can feel the changes. While I have no experience sitting on advisory boards to a city, I feel compelled to offer what I can, to assisting the city that we riow call home in some way. I am a well educated woman and spend most of my professional-life advising healthcare organizations how to better their businesses, so I am confident that some of those skills and experiences can assist the challenges facing the residents of the city and those elected to manage Delray. I am attaching a professional resume to assist in your review of my application. Thank you for your consideration. Lynn Klein RECEIVED LYNN J. KLEIN MAR 2 ~ z00~ myoptimaC~aoi.com 114 E. Lee Road Home: (561) 638-3517 Delray Beach, FL 33445 ~~~~ ~~~~~ Fax: (561) 638-6223 CAREER SUMMARY A healthcare, business management consultant with extensive experience in the public and private sector. Areas of expertise include: - Mergers and Acquisitions - Corporate Finance - Forensic Accounting - Business Integration - Financial Analysis and Modeling - Process Improvement - Due Diligence - Cash Management - Business Development Ability to improve efficiency through systems enhancement and re-design as well as through selection, installation and maintenance of operational and financial computer systems. Ability to manage multi- functional projects. Self-motivator with exceptional interpersonal and communication skills. SELECTED ACCOMPLISHMENTS Financial and Operational Business Consulting • Created and implemented a comprehensive restructuring of all purchasing and accounts payable functions and systems fora $250M healthcare client to achieve projected savings in excess of $1M in first year, reduce processing backlogs from 90 days to 3-5 days, reduce payment backlog from. 120 days to 30-45 days, and provide on-line reporting to branch locations. • Created financial models in EXCEL for cash basis $16M service client to convert cash financial statements to GAAP financial statements for timely reporting to publicly held parent company. • Created a customer usage model that analyzed 10 years of data fora $20M service client. • Provided all operational and financial business integration for 12 practice acquisitions fora $50M healthcare client including systems conversions. • Assisted clients in the identification of and evaluation of potential acquisition candidates including preparation of financial and operational due diligence. • Assisted two healthcare clients in successful IPO's (in excess of $100M) by providing financial consulting including audit management, pro forma compilations and prospectus disclosure. • Created financial projection models fora $250M healthcare client contemplating an IPO. • Prepared business plans and assisted clients in accessing investment funds. Industries include pharmaceutical, retail, healthcare and e-commerce (internet web-based business). • Installed a customer service call center for a healthcare client that included the use of help desk software to manage staff's ability to assist customers. • Wrote policies and procedures manuals and practice orientation manuals that covered all company functions fora $50M healthcare client. • Created a medical record audit program that used a team of clinical and financial professionals to review a hospitals billing and medical record compliance to Medicare .regulations. • Wrote business plan and assisted in securing the initial $2.OM investment for an e-commerce business. Provided operational and financial consulting while acting as CFO during the product development phase. Tactical Finance and Accounting • Prepared financial statements and financial packages for Board of Directors and Senior Management in a $100M healthcare company. Coordinated all financial information to prepare for annual audits. • Performed alt controllership functions including monitoring of accounts payable and payroll processing and approved all cash disbursements and bonus calculations. Reconciled accounts receivable and monitored reserve provisions. Coordinated and reconciled physical inventories. Oversaw operations of accounts payable, accounts receivable, purchasing, payroll and general accounting areas. Lynn J. Klein Page 2 Instituted standardized controls in accounting throughout a $50M region by writing and implementing policies and procedures to comply with the provisions of the Corporate Audit Committee. Standardized accounting forms and coding to facilitate month-end closings and developed account analysis books to provide details of monthly balance sheet activity. Consolidated two $25M regions within 90 days without interruption to financial reporting, cash disbursement and payroll. Consolidated multi-state banking arrangements into several major geographic bank hubs increasing cash investments in REPOS, reducing bank fees and establishing strong bank relationships increasing service to field operations. Monitored multi-branch operating expenses and recommended reduction and cost savings measures to senior management to obtain acceptable branch profit margins. Monitored aged A/R and DSO changes and provided senior management with monthly reports to assess early warnings of potential bad debt exposure. Management Information Systems • Selected hardware, customized software by designing input screens and reports, and implemented an audit trail to convert an outsourced accounting process to and in-house system which resulted in a departmental savings and more timely and accurately reporting. • Utilized database management and mining programs to identify and monitor key business drivers and created daily real-time reporting to operators, which assisted in day-to-day decision-making. • Upgraded the accounting system to resolve an accounts payable backlog that reduced aging of open invoices from 75 to 30 days. • Converted regional office from asingle-user system to a Novell network to facilitate accounting processes, provided more timely information to field management and accommodate business growth. implemented an integrated payroll system utilizing ADP products to create labor analysis reports for field operators, which provided employees with real time compensation and benefit information. • Selected to chair the finance team of the MIS Strategic Planning Committee of a .publicly traded healthcare company. Established definitions and requirements for amulti-million dollar systems conversion. PROFESSIONAL HISTORY INDEPENDENT HEALTHCARE CONSULTANT, Delray Beach, FL 1994 -Present NOVACARE ORTHOTICS !* PROSTHETICS EAST, INC., King of Prussia, PA 1990 - 1994 Controller Responsible for all financial reporting in a $110 M division of this publicly traded healthcare company =with 55 branch locations.. Supervised a staff of eleven. GOLODETZ TRADING CORP., New York, NY 1986 -1989 Financial Reporting Manager Responsible for all financial reporting and cash management fora $300M privately held international commodities firm. Reported directly to CFO and partners. Supervised a staff of thirteen. EARLY EXPERIENCE "Big 8"audit division and private accounting experience in real estate and brokerage/commodities. EDUCATION AND PROFESSIONAL ORGANIZATIONS Penn State University -MBA (1999) -Finance St. John's University B.S. Accounting (1980) HFMA Member -Healthcare Financial Management Association, Florida Chapter Volunteer -Membership Committee, Professional Development Committee 08,/OS%OS R'ED 14: J3 FAY 58124x5774 CITY CLERK ~f `~~002 tlaltAY 6EACJ-1 ---~'G"GG'~/ ' • ~ . ,- 1 ~ c~TY OF oE~RAY e~Ac BOARD MEMBER APPLICA'tLOTi A~~, - ~ 2005 _ ~ " 1993 ~ ~ ~ ~_ ;._, ~{K ZU41 ~.l lYlelsc cot rint the Eollo infounatio~ ~j' M ~. Last NamC ;~ ~ ~ ~L pl Name ~ ~ ~ ~~/~ ~ ~~ "~. - ~ -~ Sty . Zip Code Z_ HomeA ess: 1 ~' % ~. I:e esidenec ~ City Sracc Zip Code _ ~ ~ Y~ Sure Zip Code ~ 4. Principal ~tisincss Addirss: Cc} n ~ ~~~~,- poi ~, -~ ~ ` ~cLr ~ /~ ~ ! oc;~ ~~~- io ~~ D- L y~~ i 'S'. Hotnc phone. Bnsineas Phone: F Iviai! Adyitess Cell Phone Fax. r / Shl~c ~~ ~ `", .. ~ If so where are you. =e~scrscd?~ ~-. ~ . , e sG_ Are pots a seglstered voter. ` ~ ~ _ ~ ~ : ~ ~~c~, .~ ~ 7 ::Whll:$d>trd r .1cc ottr4tcd io s~tving~ Please rise in rdet pzcfetenec 1 /.~ / ~ ~ / / ~ 1 8. List all-City Boards on wl3ieh you arc cuuendy serving o= have previously served (Please include daces) 9. Educuional quzliGcatious• :J~-='~ G~ ~' L0. List aay related pmEessio~ii [~rrtifications d licenses which you hold L ~ ~~ tl. Give gone pzcs~t~C st j ccc: em~~~, ~a p ~t~oa: ``' 12 Destsibe 'ettees, slcilLs o o : iticb 9~ ou c serve ties 1 (PI L~uacb a brief csome) ~-z 5 ~v~ ~ ~_~i2iL% ~~-~ ~ ~i)l~~rS / 7~G ~", ~~Jr/; ~5~2 S'<t;' //2~ S >S~ G / b 1 _ ~ L I hereby.: tiLl+ drat all flit above statements arc mte, and L agrct aad uodessbiad rbat any misscacetucnr of matcsiai Fac>s //~; ~ ~ coot~ild, to this ' p~~/'/t/Jioo tua~~us~e Fof -cure upon my Part of aaF'PP°m 1 n-ay ccc~/ o, e- /Jy / ~~~~ TE ~ SIG A'I'l.]RP. n1i Notes '[1tis application will remain on file is the' Cite Cier]~s (3fficc foe a period of 2 years from the dztc it was submitted_ Ic wiil be the applicwc's responssbiliry co easuce that a eursenc applit~tinn is oso~a>x~xacArt~ _.,~ I'd dcc .+,n cn +,n gnu Rug 04 05 03~30p RESUME FOR PEARL "BUNNY" MARKFIELD ELROD DIRECTOR OF RESEARCH DEPT FOR THE NATIONAL ENQUIRER NEWSPAPER FOR 14 YEARS REALTOR:COLDWELL BANKER REAL ESTATE (22 YEARS) PRESIDENT MERRITT PARK HOME OWNER'S ASSOC 6 YRS BOARD MEMBER PROGRESSIVE. RESIDENTS OF DELRAY AND CURRENTLY VICE-PRESIDENT. MEMBER OF THE SW/NW REDEVELOPMENT TASK FORCE SINCE IT' S INCEPTION AND CURRENTLY A MEMBER OF THE WEST ATLANTIC TASK FORCE. WAS INSTRUMENTAL IN STARTING THE DELRAY LOOP AS A PROD PROJECT. HAVE LIVED IN DELRAY BEACH 8 YEARS AND HAVE ENJOYED EVERY MINUTE OF IT. I LOVE LIVING IN A VERY OLD SECTION OF THE CITY AMONG A VERY DIVERSIFIED GROUP OF PEOPLE- AND-I PARTICULARLY ENJOY LIVING IN ONE OF THE OLDEST HOUSES IN THE AREA_ p.2 Aug 04 05 03.30p DELRAY IS DEVELOPING AS A WIDESPREAD EXAlV1PLE OF HEALTHY URBAN GROWTH AND I AM HAPPY TO BE HERE TO ENJOY IT! p.3 DELRAY BEACH . o o . lamed a~~ 1993 2001 ~~~~~~~ CITY OF DELRAY BEACH FF ~ 0 ~ 2005 BOARD MEMBER APPLICATION _. _ . ~~~~~ Please a or rint the followin information: 1. e: ~ N e ~ / ~ ~ /~ M- h 2. Home Address: / n ,, / .~ 7 C~' ~ ~I ~ V ~ ~~ ~ /Q- State ~r~ Zi Code ~ ~ . ~~ 3. Legal Residence: City State Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: 6. Are you a registe ed voter? If so, where are you re ' t~~ ? ' 7. What Boards a you int ested in erving? Please list in order of preference: ~. List all City oat on whit ou are currently s ~ g or h e previously s d: (Please includ dates) 9. Educational quali&catio ' 10. G- 11. Give your present, or most recent employer, and position: 12: Describe experiences, skills or knowledge which qualify you to serve on this board: Tease attach a brief resume) I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts cont~ned itx this a lication ma' .cause forfeiture upon my part of any appointment I ~)y receive. s~/ U . _ sNATURE D'I'E Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. ~~ ~ /off ~ S1CITYQERKIBOARDIAPPLICATION DELRAY BEACH I L O f ~ O A ~~ CITY OF DELRAY BEACH RE~~lVE~ l ® BOARD MEMBER APPLICATIQ~ ~ 7 2007 iooi CITY CL~~K 3~~~~~~ Please type or print the following information: 1. Last Name: ,1~i1o(25L Name ~~ ~/.~iF M.I. l~ 2. Home Address: ~ w ar ~ P~~ ~~ ~ c- City cLaa QC-tee!/ State f'~- Zip Code -~ 3~Y_s 3. Legal Residence: ~ ~ ~~ City State Zip Code 4. Principal Business Address: S~~ (.~ _ fL~- i ~ 2 City State Zip Code 5. I-Iome Phone: ( 27'L (y~G Business Phone: ~: c. f ~ '~~ i it G E-Mail Address: ~ ~ ~, fr ~C_~o c . to Cell Phone: `E~f S =i ~7 G Fax: 2 7 ~-- ~ 6 ` ~ 6. Date of Birth 7. Are you a registered voter? If so, where are you registered? 8. What Board(s) are you interested in serving? Please list in order of preference: .ZoNlvc., ~ fZ f}N 9. List all City Boards on which you are currently serving or have previously served: (Please include dates /~ ~ N L 10. Educational qualifications: ~ L'-S/ DL3 CC ~"-~ ~~ Gc: ulzSc.-~ - (~,' f~-1"~ Cfi2(~t,3f'ili-t.~G`-~"T STaL_z-T S~~~T 11. List any related professional certifications and licenses which you hold L~Tli~c-' (/(~~S[;1 ~/~1-F-t- l ~`SFc~7~T- ~-~~ f''Ge-~C2c= 13°/~-i7 12. Give your present, or most recent employer, and position: ~= i = c W rte= ~e`t- z.~x= sTa~- Ff~ T ~„ai~i.~~. - c~~ c~ ~d ~-s'~-;J ~--u T llJ1tJ~ ~ L l !-~S (, J.t Lc/S [ v ~ GI: Vt~Yt f~ ~`'-- c i~ t /-~= ~~' /~iS~Cy= l'GLa(r~ l~~ 13. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) L~2rtc,-U7~ .~ Aa ~-h ~ o ~- ~/2 ~ z rats fi'-7~ic.~ o ~j~Z,~ ~~ ~if1--R) a' ~ ~I t~~~'TV~ ~ ~'~Lti1 rs'~7~G s R-!~ + Ac~~ S ~v~oN p~7 ir_~acT ~ ~t-zi1~ ~~r1- 1`~`acc~c= I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained in this application may cause forfeiture upon my part of any appointment I may receive. ,-1~ 3 /~ ~ /G 7 SIGNAT[ DATE Note: This application will remain on file in the City Clerl~s Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. . Fleasc ~ ~~ •or ri_ rn the folio" .. infos~tlon: at_ [: - . - .~ _ Last Naii,c: Navie Kenneth Peltzie ,~• - ~ _ - - ~~ .S~~L ~ :Zip~~'bdz .: 2. Home Address: , ~~ Rabbit Flollowe Circle Delray Beach 334+t5'~.- . _ • ~~, State ..Zip Code.. _ .. . 3: ~ ~Ixgal•Resideacc~ .:. .: _ .S .~ .. ~.(-' dc... ~.•- - a. ~ ... tat ~o . . 4. Pu,ncipal. $u5,1nF11 alddtC33: . ' . ~ `y~..-., s .-...: P'= -~:._- ~..:' ~ . ~ - .. .. .... _ -,•- .. .... . ~ ._ _ c-~n~rl ~~~_ ~ ~ f Fax- . - .5.^-°~iorxic Plaonc:. Bvsincsq Fhosse- ~ E-Mail Address- .. ~is 6-~~~ r - .- ~ - ~:....: - - '561-d98~76d • _ kDeltzleQYahoo com 6. dire you rc s~r~ v ter? .. ~~ - ~ ~,. If so, where ate you rr..~isrerEd? . . - ~es~~ Delrayeach; Florida . . - 7; VPhat~Board(s) arc you incrsested in seeving? Please list in ocdcr~of ptcferencc . Downtown Development Authority, . P l o r •• : ~ Q- d - ~ ° "" 4 ~ °-0''.-' `p ~~ R A . . •:. ~ .: ...: ' 8:. L,ist'ill City Boards on Whichyou.are currently serving of'have prcviyusly saved:. (Please includes dates) :. . ,~ . • ~ Planning and Zoning .Board 8/15/OO.to current ~ . : 9. Educational qualificauons: Masters in'Public Heaith/Administrative.Medicine - - .- _. •10. List any related pr:ofessional-cettificatiozts and ]iceriscs which you.hold: .-.--- - 11: Givc your I+rescnr;: or most recent cmployer,.gad posirion: '.. Vice President Whitsyms Nursing [_td ~ ~ _ - 1? Deseube rxpetienees,.slalls or knowled~Ge ~,hich. qualify yon to serve on this board: (Ylessc attacb a brief resume) , . ~ .. . ~ ;Fo : ~ Year ex erience in Heal h .Care m" ~ .olLaadS.~mmL^it" PT Ya^°in9_: ~-_ _ i S9Ned aS an Offi fan B - }?E-r of ^ ^ ~mh r pf~~rnmmnnity.nrnani~iptls ~ _ - I itrccl>y azrcuCy -tuu all tlac ab~i~c sra~cmcars arc tsvc, and T agcca and vndrsrtand that auj' miaetatcm~nr of ma+eual {-atra - .~ l - contau~l in this application~y a+use forfeinuc upon my put oft+np appaintmencI mapmeivc _ - - i _ ~ 1 i K ~e_-~- _.>~. ~ - ~_ ~'-' Dri'XE. ' .` .. - SIGN IZE ,~ Note This application will rtmain ota:frlein the City Clerlt°s O.ffice.for. a peDOd of 2 years~.frarn the dale it aias ~ ~ .' ~. I .. .. submitted. It grill be the applicant's respc>nsibilicy ro .ensure chat a ctu:renr aPPlicaaon is~ ~fil~FR~~~`~ . Sunday, May 16, 2004.max KENNETH GERALD PELTZIE 2260 RABBIT HOLLOWS CIRCLE DELRAY BEACH, FL 33445 561-498-4764 GENERAL PROFESSIONAL EXPERIENCE Hospital Executive & Planner Health Educator Health Care Institutional Consultant Corporate Executive (Health Care Consulting. Firm) Federal Government Health Care Program Analyst SPI~CIFJC PROFESSIONAL EXPERIENCE 2003 to Present Vice President, Whitsyms Whitsyms Nursing Registry, Delray Beach, Florida 1999 to Present Independent Health Care Consultant 1987 to 1999 Vice President, Corporate Strategy, Bethesda Health Care System Boynton Beach, Florida 1990 to Present Adjunct Assistant Professor, Health Care Administration Florida Atlantic University Boca Raton, Florida 1982-198fi President, Affillated Hospitals of Indiana (a network of 18 hospitals in central Indiana) Executive Vice President, Community Hospital of Indianapolis 1980-1982 Senior Vice President, Robert Douglass Associates (a national health care consulting firm). 1972-1980 Vice President, Chi Systems, Inc (a national health care consulting firm) 1966-1972 Associate Administrator, Assistant Administrator, . Sinai Hospital of Detroit (a fi20 bed university affiliated teaching hasp'~tal) 1961-1966 Budget Examiner, Bureau of the Budget (naw.the Office of Management and Budget) Executive Office of th P id D e t W hi t C e r en . s , ng on, . as 1958-1961 Administrative Officer,United States Air Force Hospi#al, Dyess Air Force Base, Abilene, Texas. 1957-1958 Resident in Hospital Administration, Sinai Hospital of Detroit ACADEMIC EXPERIENCE B.A. College of Liberal Arts (Biology and Psychology), Washington University, St. Louis, Missouri, 1955 Graduate Studies (Industrial Psychology), Psychology, Graduate School of Arts and Sciences, Washington University, 1956 M.S., Administrative Medicine (Hospital Administration), School of Public Health, Columbia University, 1958. PRbFESS10NAl. MEMBERSHtRS American Hospita! Association -Personal Member American College of Healthcare Executives -Fellow International Hospital Federation -Personal Member Community.Activities Palm Beach County Health Care District, Finance Committee Crossroads, (Substance abuse support Center) Past Board Palm Beach County Emergency Medical Service Advisory Council, Past Member Delray Beach (FL) Planning and Zoning Board, Member and ice Chairman HOPE Project (A not for profit organization providing free mammograms), Board member and Treasurer. Deaf Service Center (A not for proft hearing loss support organization), Member of the. Board United Way of Palm Beach County, Member of the Finance Committee. Leadership Palm Beach Rotary Club of Delray Beach, Member and Past Treasurer . ~E~~IVEf~ DELRAY BFACH .. ° ` ,; ~~ FEB 1 r~ 2007 AIhA~ericaC~y CITY OF DELRAY BEACH CITY ~~~~ ~ BOARD MEMBER APPLICATION 993 ~~/v~ ~~o, C Please type or print the following information: Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. 1. Last Name: .~~~~~, psZ(3~ Name Gl~ M. I. ~ 2. Home Address: 4~ 15 'REGAL. cduf2'L-' City 'b~.,.ri~aK ~~ct-l State ~1. Zip Code 3. Legal Residence: tt City ~, State ~~ Zip Code ~ 4. Principal Business Address: ~ZoS uu. A'tI,.P+1~Ttc. pa./~ . Ciry ~.t-rz~~ ~~ct-! State ~-- Zip Code 5. Home Phone: ~6t•'7o2~aoZ~ Business Phone: ±,~~-Z7`t,Zco6 E-Mail Address: l~+ez~~i~rht~'Es • Cell Phone: ~61-z79~ Z.oQ6 Fax: ~»~q-28©1 6. Date of Birth ~/~/64 7. Are you a registered voter? If so, where are you registered? tfi~s ~~~ a ~ ~-, ~~~~ ~~ ~- 6 8. What Board(s) are you interested in serving? Please list in order of preference: ~3~Nt~1tN4 ~ ~+tKC,, 9. List all City Boards on which you are currently serving or have previously served: (Please include dates) X43 ~ ~~a~""Z©OZ ~ ~'~'~ C.2'DCSZ --006 10. Educational qualifications: '~~ UGC .4.t~.ct-1 t~ctvv~.~ '~121~ -- U1~1 v~ ~4- 11. List any related professional certifications and licenses which you hold: 12. Give your present, or most recent employer, and position: 13. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) I hereby ce La11 the ove statements are true, and I agree and understand that any misstatement of material facts ' e 's \pli do .may cause forfeiture upon my part of any appointment I may receive. ,~ -~.-- ~s - o-~ SIGNATURE DATE. ~m 3(~a rJ I~~rez ~~si~n ~«.~,~~ Pia ,nag & Dessgn € l r1COrporated AA-4HS2886 Francisco Perez-Azua, AIA Principal Architect Work: 1996-Present Education: 1989-1991 1985=1988 Other Qualifications: 1998-2003 1998-2002 2002-2006 2001-Present 2003-Present 2006-Present 2000-2002 2002-2004 Memberships: Perez Design Inc. -Firm Founder, Principal Architect and President Master Of Architecture Degree -University Of Florida Bachelor Of Design - Uni~~ersity Of Florida Pineapple Grove -Design Committee Member Delray Beach Site Plan Review and appearance Board Chairman in 2001-2002: Delray Beach Historic Preservation Board Chairman in 2003-2006 Greater Delray Beach Chamber Of Commerce Board of Directors Greater Delray Beach Chamber Of Commerce -Executive Board, Chair of Economic Development Palm Beach County Business Development Board Delray Beach Master Plan Steering Committee Delray Beach Master Plan Implementation Committee The American Institute of Architects The Urban Land Institute The International Code Council 4205 West Atlantic Avenue, Suite 304 Delray Beach, FL 33445 Phone. 561.279.2006 Fax. 561.279.2801 Hug 04 05 12:13p 1'1e1 Pollack 561-272-7618 p.l% 'CJ v.i i Ud/U4/UJ 't't1U 1'L: UL tM ~oiLi3-. r r 4 ~l 1 r ~.LLrt[\ pS1tJ1Y EfAC1~ ~ ~ ~ ~~ ~~~~~~ BEACH ,~ T CITY OF DELR.AY ~~,G~,t`~1~ ' ~ BOARD MEMBER APPLICATION ~~ ~ - 4 zoos ~; Pleast o: aacthe folio - inf~omution: CITY ~~~~~ Nasnc M ~~ 1_ T3st Namc: a 1 t~l-C 2 Homc Address= itg { p Scacc - Zi Code G~, Socc Zip Cock 3_ I~cgllI{.csidcncc ~ - w~ ~ • ~-__. Stacc 71v Codc .4. PnnapaLiiosiaess na~a}c-c-as_ ---, S_ I-~oone PLonr_ $.xi^~~s Phone E-[vL1i111ddress: Cell Yhvalr: I'az . ------,; G_ 1Src yvu a yzg}stcccd voorll ~/~, p l.'a,,. •,,•~,~~~ ..•.~'~•-~O Y' 7_ What $oard(s).uc you incaasccd in sing? Plcx.c list in ocda of prcEcrcac~ 8_ c G 8osrds oa v~liicb are torten ac2oing or lout pR"t~uslp ~c=°'yd' ~PLasc S.Cca - J~ _ ~ ~` `+ {~ G~. nd do dsCK+) 1 ` C ,. ~' - --------- ~ Iy r~ `~ to f~J' ~ t '~S , ~Cp ,,,~ 0 ....1 ~ c_i' Yj tl u..2 ra`~ ~ ~d ------ ..:: -List any telatod pcoEcasion~l ~c[lificztionc znd licenses wbich'ya.lhold p~ ^ p e 11. Citvc your ptcscnt; oz most cccrnc ctnploya, ind position: Desaabiic acperimees, clalla or knowledge"vrhi qua7jfy yon co serve on bQaapi~b (Pleas atuch a beief resume} Dlt V ~"'r1 ~i~1 / t~O r~~~ ~!~"Cf f Y~1['~3 ~ ~.i.. i . i ~ , ~ _ V .7. ` _ O n- ~~l v 1 a ~ O ~e'11s G. ( .6~ "L .~ fJ' 0...f'+ 1 ~Q n ~+~~~~ .~~f 17~V I hereby te[afy that a31 ~e zU.ov-c saamcra act trot. and I a8rec :ad uadcrataad drat any cnlssatrmmc of awtcaul faeo oont~in~d ap licaaor r cause focfci[uCe upoa my pat[ of any appoinament i nnap cecen-e - U` 6 SIG ZTJRE DATE Noce. Ibis appliotioa.rill rem>;" on bIc in daeCit~ C1ezYs O~iec foe z pceiad of 2 yeas bcoro~ the daCo itao'ts aubtniaed.. Ic w71•be Lhc appliczat.'s sespor~-bdity to ensuic that a ~vursle applicntioa is osanc~RVO..o~.,~m~,ron FEE-~7-_~? 1 ~ : 3~i H G EIdJAP.I~.; & '~:Ot l~: 1 ~~.1 '~'3-1 '~'-i9'. F . ~3 ~~-1 DELRAY BEACH ~~~ ~~v~Q aa- RAG 1 j C1'Y`Y OF DEI.RAY BEACH FEB n 7 2007 ® BOARD MEMBER APPLICATION Y CLARK l 993 C'T zoos Please a or rint the follo~vi information: ~/~/ply 1 _ Last Name: NTQS Naml~ • ~ M~. 2. Home Address: Gty State Zip Code ~~ c~ O~saN w ~E~2~ gertc~ F~ aaY~t s 3. Legal Residence: City Stare Zip Code 4. Ptindpal Business Address: City Slice Zip.Cod~ 5_ Home Phone: Business Rhone: E-Mail Address: Cell Phane:~p 4 Fax: ~-~ / ~~ ~ " ~ ' ~~{ ~i C~ • SQrLI~°~ ~d ~S.cv-1 Sl lv ~ ? 6. Date of Birth 7. Are you a regsrered voter? f so, where. are you rcgisiered? g 5 -~ ~S - ~ 4 (rn 8c~ C a -. 8. W~har Board(s) are gnu interested in setving2 Please list iv order of preEerrncc: Ed ~i0 P(Cl~ln~~ ~Z9r1i/1 , 111ti hborhAOd 1 l;i~P PIQ~ ~-Qevrew '' List all Cllr Soar on rich Sou are currendp scrvin~ of have previously served: (Please include darts) N 10. Educational Dias DA. l ~ SC !1 Ct i ~ S.3 ~" 11. List any related profcssioaal cestifiearions and licenses which you hold S r• cs ~ t ~¢. ~c Nea ifs ~- Ua~~ q,~,l ~ r~n~~,~~P .~ 12. Give your present; Qr most recent employes, anal position: ~ •C~l ~ ~dwa rd5 ~- ~h S ~ one ~+'rn.nc,'al ~ISu! fan t 13. Describe czpencnccc, sidlls or knovrledPt erhich qualify you m serve on his l~oa.td: (Plea_sc ar[ach a brief resume) see re u.m~ ctf¢cach.~~ I he~cby certify that ~ the above sraccmcnra ate tsue, and I agree and undersaad chat ua}, misstatement of material fats coneined in This application may c+.usc forfdruce upon my parr of any zppo~urtenc I map ltceive. •SIGNATU1tE _D DdIE . . - lius appucanon anll rcrriairi on file in rite Cit}Y Clerk's Office for z period of 2 years from the cla[e it was submiacd. It -uill be the applicant's responsibility to ensure [hat a current application is on fle. k9.;/ .b/ _1911 ! lh: 11 y'?~i f tlh..ib / / I:iUlLl~ll pa F'1~aE E1^_ R~~~~_ I~~1l1UG 03/23!07 PRI 15:63 Ft1x 561233774 CIT~t CLERA \aF/ 7L.3 oEU~-Y B~tc~ ~ 2001 MAR 2 App ~ CITY OF DELRAY BEACH CITY C~~R • BOARD MEMBER APPL~CATI~N '1993 2003 1 T1~~~..e ,t~.~ ~r ~fl.-.r T11P fAlln~winv 171foTTrl~L1oIL' /°~ i. v Last Name: ~` /~.~ ~ ~ f~ ' y` J N~ . / ~ ~ ~ ~ ~ J M 1 ess: 2_ Home .Ad City Sta Zip Code 3. Legal Residence: r ty State Zip Code ~ CC L~ 4. Principal Business Address: City State Zip Code . ` ~arr~o.~-~so0 13E~~f !=~ 33 oGa ~.ZJ L.~d~l~ l~L /oO ~11 5. Home P one: ~'~/- 25f3-3LV~'9 Business Phone: E-Mail Address: 78~ ~6 TB S~.,aY~.vE ~l Qd ~~~ Call Plion~: ~ ~ L / Fax: 9~g--Tf~-~ ~ 7 J G_ Tate of Birth 7. Are you a registere voter? If so, where are you rcgisteie B- z ~- 3~ ~.~~ Y f,~~~~- ~~~~ 8. What Boattii(a) are you ~nrerested Lu sz.rring' Please list ~ oraer or prererencc: 9. List all ClryBoards oa ivhict, yov are urzezitlys~rving or Dave previously ser+red: (Pleilse include dates} f~c~-.,~ a o b- mesas! J -~ Y ~~•~f -- .^t~ v a.~ o~.¢ -~~ 10. s 11. List anyrelated rotess>onal cert>ticatlons and licenses wtucn you noLa: 5 ~~ //~ ~~ ~ ~~ 1Z. Give your preserLt, or most rrcent employer, an4 position: G , Ty o 3- /~ .4. ~.~-~yo ~ ~~ Gff 13. D~scnbe experiences, gkilLs or Irnpwiedge Q*hich quafTty yot~. to serve on ttvs board: ~1'lease attach a over msigny L t~'& /c 1,3 ~~.+,c /~ v a <.~• ~..~ i ~ p ~ v~s~ cp ~~~~-~T - fi~~o 0 ,Q-LL !-3 e~.~e~ ;~.~ ,~~ ~~~ ~ fps 1L.~ ~-ul~ ®~.-~ T herebycertifychat the above s~emetirs are True, aad I agree and ltndetstand that aay m;cst erntnt of material facts con < ~ ed in tls~ applie may cause forfeiture upon my ps-rc of any appoinunent I may recci~~e. .~/~~oT S AI'{JRP Dn'i E Note: 'This applic ion will iema's.n on file in the City Qerl~s Office for a period o ~ 2 years from. the date it was submitted. Ic wfll be the applicant's responsibility to ensure that a current application is on file. 11116/^©04 11:22 9547554677 BUILDIhIu P^-~~ ©3 JEROME SANZONE 200 MACFARLANE DR DELRAY BEACH, FL. 33483 (561)243-3299 OUTLINE REtTME March, 2002 City of Pompano Beach Building OIIicial PrESent 100 E Atlantic Blvd Pompano Beach, F1.33061 March, 1989- City of Delray Beach Building Official March, 2002 100 N~V 1" Ave Aelzay Ecach, Fl_ 33444 ' June, 1986- City of Oakland Part: Btulding Official March, 1959 3650 NE 12a' Ave Oakland Pazk. Fl. 33334 June, 1984- City of Pompano Beach Assistant Building lone, 1936 141 SW 1"Ave Official Pompano Bcacb, Ft. 33060 June, 1980- Self-Employed Construction Consultant & June, 1984 RR 2, Box 816 ~ General Contractor Pompano Beach, Fl. 33067 April, 1978- General Development Corp. Director of Primary August, 1980 1 l 11 Soud~ $ayshore Dr Housing Ivlianni, Fl. 33131 ' October, 1986- American Plywood Assoc. Sr. Interoaiional April, 1979 PO Box 11700 Field Services Tacoma, ~'A. 98411 Representative Augttst, 1966- Rinker lV[aterials Eng. Coordinator October, 1966 805 N. Railroad Avc. Field & Fabrication ~7est Palm IIeach, Fl. of Projects February, 1963- Lindsley Lumber Co. Estimation August, 1965 Steel Division Detailing, Field Dania, Fl. Superr~sion, Customer Relations April, 1960- Security Planning, Inc_ Sales Representative December, 1962 First Natiorral Bank Bldg. Miami, F1 February, 1960- Dade County Highway Estimator & February, 1963 Design Section De&igncr 11/16!^_004 11:^_^ 954~E6467i BUILUIPiG P~aE Et4 June, 1959_ C R C Construction Estimator R: September, 1959 G13 TaborPlace De9igner Investor Planning Corp. Sales Representative 60 E 42nd Street Nev Fork, NY JERObIE SAN7_ONE 200 MACFARLANE DR. DELRAY BEACH, FI.. 33483 {561) 243-3299 OUTLINE RESUME (CONT'D) Sept. l 958- New York City Community Construction Tecli., Jan., 1960 College ~ ABS Degree 300 Pearl St. .Brooklyn, NY Sept., 1955_ United States Army Cgrp of Engineers Sept, ] 9~ 8 Itmc, 1954- Levy & O'Keef Mechanical Design Sept, 1955 171.Madison Ave New Yori:, NY 11116!^_©r~a il: ^^ 9547E6a677 BUILL~IIJG Pau'E D5 Date of Birth Marital Status: General Health: Military Sen~ce Certification PTtOFILE August 27, 193b Married >rxcellent US Army Corps of Eng. - T~onorable Discharge, 1955-1458 Florida Stale General Contractors License #C~1C-007690 Certified by the Department of PFOfessional Regulations in the Following areas: Building Code Administrator; Structural Plans Examiner and Inspector; Electrical Plans Inspector; Mechanical Plans Inspector l?lunnhing Plane Jaspecror C.A.B.O. Certified Building Official #923 Florida $oard of Building Code and Standards Certificate #] i l Building Officials Association Building Code DirECtor Certificate #I4'~ South Florida Building Code Building Official, Chief Stntctural Inspector and Plans Examiner School' NYCCC A_B_S_ Degree in Construction Technology Organizations: Florida Atlantic Builders Association Chairman of Affordable House Committee Govemtxtental Affairs Committee T3uiIdcrs Association of South Florida Co-Chairman of Technical & Construction Committee Constmction Specifications Institute Building Officials Association of 11116/^_004 11:^_^_ Boards: 95~3lE5~1671 BUILDIt~h~ Florida JEROME SANZONE 2~ It4ACFARLANE DR DELRAY BEACI~, FL. FROFILE (CONT'Dl Broward County Construction Industry Licensing Board Palm Beach County Building Code Advisory Board Palm Beach County Fire Code Advisory Board Fire Codc Board of Adjustments and Appeals SBCCI By-Latt~s Committee SBCCI Codc Interpretation Committee SBCCI Existing Building Code Committee SBCCI General Design Committee BOAF Resolution Committee Falm Beach County Hurricane. Retrofit Committee Balm $cach County plumbing, Electrical and Mechanical Retiticw Comrnirtee ICC Intonational Building Code Structural Committee PAGE 06 Languages: Italian, Spanish, Japanese and Latin 11/16/^_©©4 11:^_^_ 95~~E6~1E7~ BUILDItI~a PAtaE D7 JEROME SANZONE X00 MACFARLANE DR DELRAY 13Er~CH, FL. 3353 CONSULTING CLIENT ACI'IyITY US Dept of Agriculture Set up construction companies to build txtass housing and train Personnel in Venezuela, S.A., 3 projects started. National Homes, Inc. Acgtdre product approvals for thetr system under the SBCCI and SFBC. Ryan Homes Analyze and solve construction problems. G.D:C. Analyze and solve construciionproblems. He11er, ~~eaver ~ Assoc. Evaluate buildings for condo conversions. Genstar Developed site ptaiz for planned community in S. Dade ITT' Evaluated struentres at Pa1r~ Coast in Bunnell. Fl. Approved as expert wiU~ess in American Arbih~ation and Federal Court. G.P. Analyze and solve problems of construction applications. :Northwood Industries Advised on marketing of construction products and gained code approvals_ MarChem Ad~tised on marketing o~construction products and gained Code approvals. Everglades Chemicsl Advised on marketing of construction products and gained Code approvals. MCI;-Carter Coating Advised on marketing of construction products and gained Code approvals. C.A. Marando Advised on marketing of construction products and gained Code approvals. Florida Division of Analyse, investigate and evaluate projects as vy'ell as testify as I,aw Enforcement An expert a'iiness for the Construction Fraud Case 11!15/^_Of3~3 11: ^_^_ 951 ~E5~5 f7 BUILDIhIr JEROME SANZONE " 200 MACFARLANE DR ~ . DELRAY BEACH, FL. 33483 PROFESSIONAL ASSOCIATIONS Atncrican Concrete Institute (ACI) American Institute afTimber Construction (AiTC) Building Officials Association of Florida (BOAF) Building Officials Association of Palm Beach County {BOAFPBC) Building Officials and Code Administrators (BOCA) Construction Specification Institute (CSI) Council of American Building Offtcials {CABO) International Conference of Building Officials (IC.BO) Southern Building Code Congress International I,SBCCI) PROFESSIONAL CERTIFICATIONS Broward County Board of Rules and Appeals; Building OfFiciaU Plans Examiner Building Officials Association of Florida: Building Official/ Department Director Council of American Building Officials: Building Official Florida Association of P1unaUing-Qas-Mechanical Inspectors, Inc. State of Flotida. Department of Business & Professional Regulation: Building Offciali Code Administt~ator, Plana Examiner, Inspector State of Florida, De fartmcnt of Business ~ P.rofessional Regulation: General Contractor State of Florida, Florida Board of Building Cedes & Standards: Building Official RELATED INDUSTRY ACTIvTTIES Building Association of South Florida: Co-Chairman, Construction & Codes Comntittcc 1980-81 Chairmen, Palm Aeach County Fire Codc Ad~dsory Board 1940-94 Chaitzrtan, Falm Beach County Fire Codc of Appeals ~ Adjustments I990-94 College of architects, Engineers & Surveyors Seismic Committee 1965-73 Low Cost Housing Committee- Puerto Rico l 963-68 Nrl(at 11t; it/16/_~3Fi4 11:.'' y~4rt7b4br! tSU1L1~11'!~ President, Building Officials Association ofBtoW,~ard County 1987-8R President, Building Qfficials Association of Palm Bcsch County 1494-95 Southern Building Codc Congress International By-Laws Commirte~e 1992-93 Southern Building Code Congress International Code interpretation Committee 1944-9~ Southern BuildinE Codc Conference International Existing Euilding Code Committee 1.995-97 Southern Building Code Conference International General Design. Committee 1997-1949 International Code Council ICC lN'fERNA7.70NAL BUILDING CODE:Structural Committee 1999- Present r~-xat ~ 7 t_ ~~~ ~~~ ~ ~~ DELItAY BEACH ~ ~;~~~ ~ 8 L~~~ 1 ~ ~ Zoo; -CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please type or print the following information: 1. Last Name: Name M. I. Shaffner Che 1 E 2. Home Address: City State Zip Code 2953 Sabalwood Court Delra Beach FL 33445 3. Legal Residence: City State Zip Code 2953 Sabalwood Court Delray Beach FL 33445 4. Principal Business Address: City State Zip Code 700 East Atlantic. Ave. Delray Beach FL 33483 S. Home Business Phone: E-1Vlail"Address: Cell Phone: Fax: Phone: {561) 278-2628 ceshaffner@bellsouth.net (561) 706-2138 (561) 381-7328 561 498-3651 - 6. Are you a registered voter? If so, where are you registered? Yes ,Precinct 7154 7. What Board(s) are you interested in serving? Please list in order of preference: Planning ~ toning, Site Plan Review and Appearance Board 8. List all City Boards on which you are currently serving or have previously served: (Please include dates) 9. Educational qualifications: High School Diploma, ISO and QS certifications, Business Management 10. List any related professional certifications and licenses which you hold: Real Estate Sales Associate 11. Give your.present, or most recent'employer; and position: Gringle, Doherty & Wheat, Inc., Commercial Agent d" -' 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) e Attached Resume I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts ntained in thi plication may cause forfeiture upon my part of any appointment I may receive. SIGNATURE DATE 31Co I ~9 Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. S1CC1'YCLFRIQBOARIN APPLICAITON 2953 Sabalwood Ct Delray Beach, Florida 33445 Phone: (561) 498-3651 Cell: (561) 706-2138 Email: ceshaffner~bellsouth.net E~eriience 2005-2006 Gringle, Doherty 8~ Wheat, Inc. Delray Beach, FL Commercial Real Estate, Realtor 2003-•2004 Forex Trading Strategies Delray Beach, FL Complete acxounting set-up from inception, $600,000 in sales. Including all record keeping, processing payroll, interviewing and handling all employee reviews. Accounting Manager ^ Accounts Payables ^ Account Receivables Journal Entries ^ Reconciled Bank Statements ^ Payroll ^ Human Resources ^ Unlimited Check Signing 2001 HMY Yacht Sales Palm Beach, FL Sales Assistant ^ Sales Assistant to 5 Yacht Brokers ^ Prepared all Documents for Closing ^ Abstract of Titles ^ Bank wires. and deposits (for closings) ^ Inventory Control {Yachts) • Entered Listings 1986 - 2001 Flight Systems, Inc. Lewisberry, PA Flight Systems is an automotive manufacturer and a remanufacture. We manufactured ABS units, transmission controllers for Daimler/Chrysler, Volvo, Volkswagen, GM and fiord as well as generator control and monitoring systems for Caterpillar, Cummins Diesel, Onan and Detroit Diesel Allison, In excess of 19 million in sales annual. My position at Flight Systems was Accounting Manger and Intemal Auditor. Duties inGuded all Accounts Payable, Accounts Receivable, General Ledger and managed all major accounts as well as a certified ISO14001 (environmental industry standard), QS9000 and QS9001 (automotive industry standard) internal auditor. ^ ISO9001 plus QS9000 on going training for industry standards ^ Developing work instructions for all phases of production ^ Implemented FEMA and procedures for company. ^ Intemal Auditing (weekly) to identify non-conforming products as well as making sure all work instructions and procedures were being followed. ^ Maintaining. all Quality Records (required) ^ Assisted outside auditors on an bi-annual basis Accounting Manager ^ Aaounts Payable aging, keeping all payables within terms and negotiaating discounts. ^ Set-up all records for new accounting software CMS, IBM, arranged and folknnred through on alt go live deadlines. ^ General Ledger Account coding on all invoices ^ Voucher, posting of aU invoices ^ Purchasing of all non-inventory items (building maintenance items, major equipment purchases, all company vehicles) ^ Accounts Receivable aging. ^ Collections of all past due accounts ^ Receiving and entering all cash receipts. ^ Making all cash deposits, reconclling all .EFT and wire transfers. • Managed major accounts for US and overseas. (Daimler Chrysler, Ford, Caterpillar, Detroit Diesel) ^ Reviewed all credit applications for business accounts. ^ Check Signing Education High School Graduate 1991 ^ Cumberland Valley High school 1991-1995 Harrisburg Area College Hbg. PA Paralegal -Intro to Para legalism, Legal Research 8~ Writing, Domestic Relations ^ Business Management continuing September 2401 Gold Coast School of R.E. BocaRaton,FL Education Real Estate- License ^ 1SO9001-9014 and QS9000 Certification 05/Y8/OJ 1QED o8: 19 FAZ 581 2~3 3?74 CITY CLERK ~~LItAY a~Cy ~ Cf't''Y OF OELRAY BEACH ® BOARD MEMBER APPLICATION 1993 2001 . ~_ ~ooz ~'~ ~~- racia+c va was asst waav.- i. Isst Nzm 5 !.~ Name M. L 2. Ho Address: ~ l WA 3. Legal Residence: : City Stave State 7_ep CodY~o _3~r ~'P-Code 4. Ptindpal Businus Address: S2~ 1J~ Z~. S•[. firy ~ ~ti-R.P-~ Sri State '~ • 7rp Code 33+4 P 3 S. Home Phone: 5t,~'~,g3 4'-~- Business Phone: Sbt.2?b q~3 E•Mail Addtesa: Cell Phone: Pax: ~ z7t oS$~ 6. Art you a rc~}stered voter? ~ If to, wk-ere nre you rt~steted? ~ ~~-~~~ ?. What 8oacd(s) ate you inocrcated is tczving? Please list in vrdu of ptcfacence: PizA ~. ~ ~ 2 ~ i-t Q P~ 8. list ail Cie}' Boards on which you ue cucreaclp serving of have previaaslp served: (i'kase iaclude daces) 9. Educat;onal gtrtlifitationt: t t CT~sRa. 10. list any related profestiot~al cect6cations and licenses which you hold: ~•Z• ~• l t. Give your preseat, or most recent employs, znd positias ]2. Destribe experiences, sjdlis oc kaawkdge which qualify 7m- to serve on chh bo4rd: (Pkasc dtuch a brit murne) I by cesti chat aD the about autca+ena ace rtuc, and I a~ee at-d nodeistand that atip misto~M•*~•••:of material bcv d "t sppliadoa map eavse focfdtnre upon m1 part of artp appointttxat I map ttceive. ~.Zg•~3 SI ~-- D.AT'6 i., ~ ._ r~tt __ t__ _ ~~.J ..t 7 .....• ~inw~ tF~~ e~et~ it di1R Note: T2uc appLcaflon ~ remaui vn nit ,n uac ..~y •.•~•- • "..._- --- - r--- -- - ~ - subtnitttd. It will be the applicant's re3poaai-bility to e~>~~{PPlicaoon is on 61e. s~crrcauv.o..a.wuca.~a• ~~ 3~, ~ MAY 2 8 2003 a CITY GI.ERK Z/ L 3JYd •INbL0~0G £0-8Z-J~vYV eS •S1031IHOdY NI31Sd39lIS ~J~B 1N3 JEFFREY SILBERSTEIN, A.I.A., RA. EDUCA'T14N: Clark University, Worcester. Ma. Liberal Arcs Major Boston College, Boston, Ma. Economics major, one year Pratt Institute, Brooklyn. New Yank, Architectural Degree. Archheres Medal for Excellence in Architectt><al Education Harvard University Graduate School of Design, Jane 1989 lTarvard University Graduate School of Design, July, 1998 CERTIFICATION: Reiistered Architect: Florida and Illinois American Institute Of Jeffrey Silberstein Architect & Assoc., Inc. was founded in 1990. We are a small finn with a reputation for innovative design and delivering projects within budget and on schedule. -This is evident as we continue to work with repeat clients and referrals generated by our rcputsiion. Our success evolves e9 we assist clients. in defining project goals well before Suggesting solutions, a process that creates a full ttndentanding of objectives before transformation into reality. Jeffrey Silberstein, A.LA., RA., has .over 21 years experience in the field of architectural design, urban design, interior design and residential and. commercial development. Silberstein Architects, Inc. was founded in 1990 and is located in Delray Beach. Florida. He has been associated with many building types, including edutatiomal facilities, office buildings, interior office and residential renovations, museums, art galleries, religious facilities, residences., mired -use developmeacs and commercial projects. in 1998 Jeffrey Silberstein was presented Tha Award of Honor for Design by The American Institute of Architects (A.I.AJ. He was rocognizod for "the high quality and originality of his work over an extended period of time". In addition to this special honor he has garnered many A.IA awards for varied projects. His work has been featured in The Miami Herald, The, Sun -Sentinel Tlu Palm Beach Post, Florida Architect, Interior Desigir, The Aoca Raton News, Architectural Record and other international publications. Mr. Silberstein has served as, a guest writer far the Hartford Architectttrel Conservanry end The Palm Beach Post, a critic member of the Wories of Art Commii:tee of the Boca Raton 1!viusctrm of Art, a member of Junior Achievement ai,d a member of Thy Grace Commission tin rile Boca Raton Community Redeve]opment Agency Task Force. Mr. Silberstein resides with his wife Rosemary and two daughters, Angelica and Sarah in Boca Raton, Florida. Z/Z 3Jdd `•YIVL0~0E £0-8Z-AbNI - 195 ~S1~31IHOEid NI31Sd~8lIS ~1,8 1N? V1/ VJ/ VJ nVl\ VO.JY 1'flal JV1 LYJ JI 1'! V111 tiLGl~ll DELRAY BEACH t a o • ~ o ip J~iN~a~ t ~ CITY Q~ DELRAY BEACH ® BaARD MEMBER APPLICATION 7993 2001 Please ox Tint the foll information: 1(yVVL 1. Zast Name: ~l ~ve~ Name Chrrs~/ M. ~ . 2. Home Address: 27~ ~ Cores/ iraCe~/r' Cityr ~°~ L°a~. State ~L Zip Code .~3f~S°~ 3. Legal Residence: ~ Co~+ / /ice ~r . City G ~~~ State ~ Zip Code 3.3~s J- 4. Pzxncipal Busincss Address: %L3 of /°oG~er /s, e .~ C,itp I~UC-~ ~~ State ~ ~ Zip Code 3.723) 5, Homc Phone: Business Phone: S(/-Z7~- ~/d`J c~'Z/_ ~)4-,~2ZS~ ~'~iail Add=ers: C~I.C .fi~y~~~rovfe.~_ Cell Phone: S~/-~4-5~ SS' 1~ax: SL/-ZS~~-/39a b. Are yov a registered voter? ~ 0 I£ so, whew are you =egistexed? 7. What Board(s) are ou intrrested izz serving? Please Iist in order of pteftrenct: ylann in ~n ; ~ ~`oU.f/~-` /4Git~Dt`r $. Lest aU. Cil BOatds Oil which OU atC cutren seramg Or havc ptevi0uSly Served: ltasL' lncludC dates} 9. Educational qualificstioxls: 10. List aiaf related professio~cerrifications and licenses which you lxold: ] 1. Give your presart, oz most recent employes, and position: /~~ ~s>~ ~ ~c-~ ~~ ~ r`ic ~c ~~ ti f~-i-~PJYc~ ~Q G'k.~ ~~ =~O j~ ]2_ TJescribe cuperiences, skiIls owledge which qualifp you to serve on this bo • (Please a cfi a brief resume) ~ ~Q~4 I htreby c thst aIl the above statrmcalts are true, azld I agree anal understand that airy misstatemeat of muttcrial facts contain tlsis appliazti~~l msv cause forfeiture upon my psut of any appointment I may receive. ~~'.~-~~ (J1/,~-~ SIGNATURE DATE Note: 'This application wiIl remain on file in the City Clcrlc's Office for a period of 2 pears from the date it was submitted. It w1Zl lie the applicaat's responsibility to ensure that a current application is on £le. 5~7Ya.EaX1$0AADV.PMlG170N Christel Silver Tel: 561-274-8153 278 E Coral Trace Cir Fax: 561-243-1390 Delray Beach, FL 33445 Cell: 561-929-5799 Resume Education: High School Diploma at Sequoia High School Redwood City, California as Exchange Student from Germany in 1960 High School Diploma at Fritz Karsen Schule in Berlin Germany in 1963 Graduate from Law Academy in Berlin in 1966 Administrator of Justice from 1966-1985 working at the Court Houses in Berlin, Essen, and Essen-Borbeck, Germany Real Estate Schools in Maryland, Washington DC, and Florida Graduate of the City of Delray Beach' Residence Academy in Apri12004 Participant in the Leadership of Delray Beach 2004/2005 Licenses: Associate Broker in Maryland license #81131 since 1985. Realtor in Florida license # 60690952 since 2000 Certified Residential Appraiser in Maryland license# 7142 from 1991until 2004 Notary Public in Maryland from 1986 unti12001 Notary Public in Florida since September 2003 Certified International Property Specialist since 2004 Fair Housing: Member of the Fair Housing Committee at the Montgomery and Frederick Association of Realtors 1990-2001 Chairperson for the Fair Housing Committee in Montgomery County in 1995. Member of the Interagency Fair Housing Coordinating. Group 1995-1997 Washington DC HUD Task Force member for Fair Housing Voter status: I am a resident alien in the process of applying for my Naturalization looking forward of becoming a registered voter. Membership: Greater Delray Beach Chamber of Commerce (Chairperson for 2005 for the Ambassadors and Chairperson for a Leadsgroup) German American Chamber of Commerce International Business Council of Palm Beach County Association of Realtors Membership Committee of Certified Residential Specialist (Chairperson of the Florida Chapter) Elected Director of the Board of the Coral Trace HOA for 2005 ~~ ... -- ~ `-'P= ~ ------------ Christel Silver Date DELRAY BEACH . o ~ o „ 1 ~ CITY OF DELRAY BEACH RR ~~tl ~ 2007 ® BOARD MEMBER APPLICAT~N K 1993 CITY C~E~ tool Please type or print the following information: ~~~/~ 1. Last Name: ~ ,( ~ } -~ t/1 Name £A d ` N M L~ 2. Home Address: ~' O L ~1 City~~ ~ ~ StatL Zi Code ~3 y~7 3. Legal Residence: ~j A~v+n4. City State Zip Code 4. Principal Business Address: Ito t W~ A~Tta~;c ~~~n1vti,,S,,:}~. ~q City .~~.I~.~ df~ct~ State IFL., Zip Code 33~~~( 5. Home Phone: ~~ gc~~•~zas Business Phone: `~ ~i~-~~ka E-Mail Address: a ~nN ~ at~.'~ Cell Phone: s~. s~3l~~Z Fax: ~~ ~cas- ~ 6. Date of Birth ~ ~ ~ s y 7. Are you a registered voter? ~(~ S If so, where are you registered? J L~+~,, c,~~,~k~ 8. at Board(s) are you interested in serving? Please list in order of preference: ~cr4-MV~t: R~.di~o nrr' ~,vc. ~1~~~~ ~d 2aN: C.txlE. ~~ ~.c,~..~.~' ' 9. List all City Boards on which you are currently serving. or have previously served Pease include dates ~~b~~~ ART ~a~~-~~ 10. Educational qualifications: ~~°~td~s ~ti 3 ~s~ mss ~d~ a~~,`~ " r ~' ,. 11. List any related professional certifications and licenses which you hold: J SJe~ndd~ d~ l~~b~:G ,~~~.1: ~~ ~ ~~1.1V:Nq ~~JcR !`itJ ~+~-S iJsr. ~'~ J 12. Give your present, or most recent employer, and position: f~c+Ecv~'J~• C,f ~ RF 't'tc,(,t~re ~ ~ X34. Iw~i hia n~cc~" i~ac . ~F t~R, r . d1~ 13. Describe experiences, skills or knowledge which qualifyyou to serve on this board: (Please attach a brief resume) ~ SfrR,lJ4. Gn! SAN pjdA~S ANd GG~^~1+Y1~~'l~~S ~rts~ ~" G ~Jd (13dRc~ ~JlNd iN fnAnfU W~~A ~fC, ~~~ Cf~~~3 ~~~ I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts ed in this a licati may cause forfeiture upon mypart of any appointment I may receive. 2~ ~ 1 SI ATURE DATE y Note: This application will remain on file in the City Clerl~s Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibilityto ensure that a current application is on file. SEABRON A. SMITH 7510 ANSON COURT LAIC woRT$, ~ 33467 (561) 968-7205 Cell: 561573-1202 Seabronl@bellsoath.net SUMMARY A Professional with a history of creating and maintaining successful linkage between the private and public sectors. Demonstrated strengths in Program Development and Business Management, involving the provision of services to thousands of displaced professionals and non-professionals that requires complex business start-up procedures that will promote job creation, resulting in economic growth and community revitalization. Demonstrated strong intergovernmental and interorganizational relations with expertise in research and developmental strategies to achieve organizational goals. HIGHLIGHTS OF QUALIFICATIONS • Over 13 years of program development/management and experience with proven expertise in project management • Resourceful in solving problems and maximizing resources • Skilled in relating to the public with professionalism and sensitivity • Excellent written, verbal, and grant writing skills • Able to set and achieve goals, and manage multiple tasks simultaneously • Strengths include analytical skills to identify and formulate solutions; policy and procedure development; training and strategic planning • Experienced in entrepreneurship and small business consulting • Highly creative, self motivated with exceptional organizational and planning skills PROFESSIONAL EXPERIENCE Center for Technology, Enterprise & Development, Inc., Delray Beach, FL SBA/Florida Women's Business Center Executive Director Private Industry Council, West Palm Beach, FL Service Center Manager Lake Davis Apartment, Orlando, Florida Property Manager/Leasing Agent Adelphia Cable, West Palm Beach, FL Sales Supervisor Perry Cable TV, Palm Beach Gardens, Florida Marketing/Sales Supervisor 1997- Present 2004-Present 1991 - 1997 1987 - 1991 1984 -1987 1981 -1983 EDUCATION Bachelor Business Administration, Albany State College, Albany, GA Associates of Arts, Florida Community College, Jacksonville, FL PROFESSIONAL MEMBERSHIPS Board Membership Palm Beach County Overall Economic Development Program (OEDP) The Business Loan Fund of the Palm Beaches, Inc. ice President) The Milagro Center ice President) Committees Business Partners Roundtable Downtown Master Plan Implementation Committee Delray Merchant Association Palm Beach County Affordable Housing Collaborative National Business Incubator Association (NBIA/Member) Florida Business Incubator Association (FBIA/Steering Committee Member) Small Business Incubator Steering Committee (Palm Beach County) West Atlantic Task Team (WATT) Chamber Of Commerce/Boca Raton, Delray Beach, Boynton Beach Member of the 2004 National Register's Who's Who in Executives and Professionals JIJIJ-~-2~~h 1h: 18 FP.Or•1: r•1AC r•1ILLr=atJ s~ STHtJLE'r ~61c7h8c81 Tn:2-1??77-1 DELIL4Y BEACH _? F.c ~`'~~ CITY OF DELRAY BEACHREGEIV~a ~ ~ BOARD MEMBER APPLICATI(~. ~~6 2006 q9~ CITY C E X007 tD~~a %~~ Please ~ x e)t ri11t' the f<)llov~+u1 mrc)rnlauoll: 1. L st Nam : - - Narn S 4 ! biome ..Adc~~c s: ~. r ~ p ~/ ! l ~. 11..C1S:11 ~e$IdCn CC: ~. piincipal Business Address. (-• Start ~ 1 ~Ji~, l ~ ll~1CZ City Stare ~ J~`~ 1'a~=~ ll l~l C 7' ('oae Zl~TI (~~0~7~'-~~yC ~~CJ / `~'~ Gip Cc~dt it,nc: e 5. T Iu[Ii~ 1'honc: Iiusinc~s Phone: E-I~1ail A3dtcss: ~~~ -433 ~pr~'~~if5~~''~ ~/ S~ ~~G'4~ ()_ :',Ce y0U a Ctrl. 2I2C1 VOT.c t~ yes iEso, ~uhe e arc }'Ott I 1S CCft ?. Zat $oa (sl arc yoi ~ etc:ned ii se ti' };? Please list in btdtt cif prcfere Ee= $, List all City Rr,:~rds on wluch y~_,u arc currcndy ~ct.•in~ or llavc prc~•iou.ly scivcd: (l'lcace inchnjc d.ir.<s) 9. F_dacadonal drl~,litiica•ions: j . ' U rn. f.ist any relacecl profession 1 ctr 'tications and iicrnscs which you bold: 11. (-.rive your presrnt, rn: osr..ccc canployer, and posir3on: 1?. L~rsa~bc cxpcticn - s, :k~ is or - wlcdfic which yuali.fy'yc)u to scivc on tlvs hoard: (f lease acelch a brief cc.ume) 1 hcmby certify that all the above sli~tcmcncs arc u1~c, :snd T agree and understand th:ic any mi:sratcn~cnr of matczial fu:ts conclinc ~ auon) zusc forfeiture upon my Parc of a1,y appointment I may rCfz1~+/2A./ V .l. 1R1= DATr - Note. ll$ , ~. iul tCIrialn Oll fllZ 111 Clle (:iry- Clerk's (Jffic~ for a peilod of 2 years ftc)IIl tl-e Aare It vas silbmicted. 1t will. he tl.~c applicant's responsibility to ensw:e chat a curtc;nt application. i.5 nn hle. $~t'Iri c.1.ERlilltn..ltu•.~VYCICnTU)N JI_a I-~5-~~3~ir""~ 16: 1'~ FRCii9: f9HC 1•IILLf-+l 1 X STHI ~E'~' ~r~1~7hF~~~~~1 TI]: 2-133 7 7-1 MacMillan 8 Stanley, PI.LC MacMillan 8 Stanley BuilQing 29 NE 4th Avenue Delray Beach, FL 33x83 Phone: (561) 276-6363 Fax: (561) 276-8881 tom@macmillanstanley.com '~'101'11AS ~. ~f1~ P.3 '3 p~ 1985-1999 Princeton University Princeton, NJ 6.A. Nltstiory 1998-2002 Florida State University Tallahassee, FL .lwrls Doetar 2002 -Present MacMlNan 8 Stanley. PLLC Delray expe~leu~ Beach, FL Attorney Level I Title Insurance Agent Will. Trusts and Estates Estate. and Gift Tax Real Estate closely held corporations condominium lew prv~ess~or~al Member of the Florida Bar; American Bar Association; Delray Beach Chamber of Commerce; Chairman s Club; Boca Raton Estate Planning ~~~~~ Council; Palm Beach County Bar Association; Delray Beach Historical Society; Palm Beach County Historical Society; Member of Real Property and Probate Section of the Florida Bar; Member of Elder Law Section of the Florida Bar; DELPAC I am a Delray Beach native and have a vested interest in the success of ObjsctJve Delray Beach as a downtown landowner and businessman. 1 feel that my skills and knowledge as a long time Delray native and attorney will bring added depth to many of the City of Delray Beach developmental and review boards. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER DATE: APRIL 13, 2007 ~- SUBJECT: AGENDA ITEM # ~ ' ~ -REGULAR MEETING OF APRIL 1712007 APPOINTMENT TO POLICE AND FIREFIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES ITEM BEFORE COMMYSSION This item is before the Commission for appointment to the Police and Firefighters Retirement System Board of Trustees. BACKGROUND The term for Mr. Melvin Sacharow will expire on Apri122, 2007. Mr. Sacharow will have served one (1) full term is eligible and would like to be considered for reappointment. In accordance with Section 33.65 (A) (2) of the City Code, the City Commission appoints two public members of the Board of Trustees. All members must be either a resident of, own property, own a business or be an officer, director or manager of a business located within the City of Delray Beach. All appointees must take an oath of office. The following individuals have submitted applications and would like to be considered for appointment: Adam Frankel Glenn Goss Melvin Sacharow Incumbent Glenn Schuster (currently on the Code Enforcement Board) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2) for one (1) regular member to serve a two (2) year term ending April 22, 2009. RECOMMENDATION Recommend appointment of one (1) regular member to the Police and Firefighters Retirement System Board of Trustees for a two (2) year term ending Apri122, 2009. POLICE & FIRE FIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES (No Term Limits) 06/06 TERM EXPIRES REGULAR MEMBERS APPT BY TELEPHONE Indefinite Greg Giaccone Fire Chief Office: 243-7450 To replace William Adams Battalion Fire Chief effective 05/17/06 Fire Department Indefinite Captain Mark Davis, Vice Chair Police Chief Office: 273-7872 Police Department 04/22/2007 Melvin Sacharow City Office: 243-2857 Appt 05/17/05 2560 Riviera Drive Commissioners Cell: 445-6863 Delray Beach, FL 33445 (2 yr term) 04/22/2007 Sergeant Brady Myers Police Dept Office: 662-8997 Appt 04/22/05 Police Department 06/30/2008 Alexander Simon City Office: 789-0928 Unexp term 02/07/06 220 MacFarlane Drive PH#6 Commissioners Home: 243-8998 Reappt06/20/06 Delra Beach, FL 33483 2 r term 04/22/2008 Officer Charles M. Jeroloman, Chair Police Dept Office: 243-7800 Reappt o4/oa Police Department Reappt04/OG 04/22/2007 Lt. Joe Ligouri, Secretary Fire Dept Appt 04/99 Fire Department Reappt04/Ot Reappt04/03 R t 04/05 04/22/2008 Lt. James Tabeek Fire Dept Office: 243-7426 Unexp Appt 10/05 Fire Department Appt04/OG Mayor Perlman (Mayor is sitting member) Contact: Anne Woods 276-0512 (fax) 243-4707 S/City Clerk/Board OG/Police & Fire Board of Trustees ~~~~ DEL,RAY S~ACM ~ D~~' ~~L CITY OF DELRAY BEACH ~'f~ 4-"~ O ~' ~o ~ ® BOARD MEMBER APPLICATION ~C~ os 1993 ~~ 2001 Please type or print the following information: ~b 1. Last Name e~ SAN Name 1 `~~n ~ M.~ 2. Home Addres~ 2g3s N w !2 Sr #~ ~- Ci ~~ ~~~ State i=ce Zi Code 33~Y.~'' 3. Legal Residence: ~s~ ~, ~ - ~~ a~~ ~ ~. City ~~ ~~ State r-~ Zip Code 33yg3 4. Principal Business Addr ss: ~o~ w. Qa1.,~rrn g~ Q.o S~ Zoi City ~ ~~ State F~ Zip Code ~`(3Z 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: 6. Are you a registered voter? I so, where are you registered? 7. What Board(s) are you interested in serving? Please list in order of preference: b~.IGE. ~1r+0 ~1~. ~ I~C~v'~ ~CTIr4~l / ~~^"~ O~ JN CQ~l'C4C7 8. List all City. Boards on which you a e currently serving or have previously sewed: (Please include dates) ~- 9. Educational qualifications: I ~{ - r-- rr / ~ Q,G"~ for of- /"~~-~ _ ~ ~ ~k1~ S1'y4'SL UN(UC.~S acts ~o~ Cb~ - UNi v4n~c c~~ (ol~~ 10. List any related professional certifications and licenses which you hold: rh4n, C.t - - (- ~ ~ ~~ ~ 11. Give your presefi~ or most cent employer, and position: 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) I hereby certify that all the above statements aze true, and I agree and understand that any misstatement of material facts co din thi p canon may u e forfeiture upon my part of any appointment I may receive. _ C ~---~. SIGNATURE - DATE... __ Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. s~cmc~tuc~eonRnwee~acnnoN ~i'~ 3~~0 ADAM FRANKEL, P.A. ATTORNEY AT LAW 200 WEST PALMETTO PARK ROAD SUITE 201 BOCA RATON, FLORIDA 33432 PHONE: (561)302-5325 FACSIMILE: (561) 394-0140 EMAIL: FrankelLaw@aol.mm ADAM L. FRANKEL. Born Toledo, Ohio, December 9, 1971; admitted to bar, 1998, Florida; 1979, U.S. District Court, Southern District of Florida; 2001, Education: The Ohio State University (B.A., 1994); The University of Toledo College of Law (J.D., 1997). Member, The Florida Bar Association, Florida Association of Criminal Defense Lawyers, Palm Beach County Bar Association, Palm Beach County Criminal Defense Association. Practice Areas: Civil Litigation; Corporate Law; Commercial Law; Criminal Law; Fraud Analysis. Areas Of Practice: Civil Litigation Commercial Law Corporate Law Criminal Law Fraud Analysis Representative clients are in the following industries: Gaming Industry - Domestic and International Investments-Stocks/8ondsfForeign. Restaurants and Clubs Stocks and Trades -Domestic and International Professional Experience: Adam Frankel, P.A., Boca Raton, FL Solo Practitioner, 2001-Present Areas Of Practice: Criminal Defense; DUI; Misdemeanors; Felonies; Drug Crimes; Assault and .Batteries; Parole and Probation; Traffic Violations; Domestic Violence; Contracts; Commercial. Law; Civil Litigation. Office of the Public Defender, 15th Judicial Circuit, Palm Beach County, FL Assistant Public Defender, 1999 - 2001 Represented indigent individuals accused of criminal acts in Palm Beach County, Florida that were not able to afford an attorney in an office that handles more than 50,000 cases a year. Appointed County Court Chief of Division "L" in 2000-2001, which handled one of the highest misdemeanor caseloads in Palm Beach County. Served in the intake division located at the Palm Beach County Jail handling client's First Appearances in front of a judge within Twenty-Four of arrest as well as misdemeanor and felony arraignments for clients in custody. Represented indigent individuals at the South County Courthouse located in Delray Beach Florida handling primarily misdemeanor arraignments, DUI matters and misdemeanor non jury trials. Education: The University of Toledo College of Law, Toledo, Ohio, Juris Doctor, 1997 The Ohio State University, Columbus, Ohio, Bachelor of Arts, Political Science, 1994 . a o • . s w a~Y~~ ~~~~~~~ '~"~ CITY OF DELRAY BEACH MAR ~ ~ 2005 ® BOARD MEMBER APPLICATION ~~~-~ t~ ~~ 7 993 2001 ?~j~ /b nte....e a..,.~e .. ..r rL,a Fnll.,minn inFnrm~tinn• ~1'' L la.4Aa. a. V V1 - 1. Last Name: Goss Name Glenn M. L F. 2. Home Ad ~~ City ~~~ Stare ~' Zip Code ~ 3. Legal Residence: Same City State Zip Code 4. Principal Business Address: 3614 S Ocean Blvd City Highland Beach State FL Zip Code 33487 5. Home Phone: Business Phone: (561)266-5800 E-Mail Address: GFGOSS@adelphi Cell Phone: Fax: .~ (561)274-9 6. Are you a registered voter? If so, where are you registered.? YES Delra Beae15<, Palm Beach Co F>i, 7. What Board(s) are you interested in serving? Please list in order of preference: Cit of Delra Beach Police and Firefi ht rs Ret'rem nt t 8. List aIl City Boards on which you ate currently serving or have previously served: (Please include dates) Board of Trustees Cit of Delra Beach Police and Firefi hters Retirement System, May 1989 - Feb 1991, May 2003 - Feb 2005 9. Educational qualifications: A.A De ree - Criminal Justice Broward Communit Cole e B. A. Degree - Public Affairs, Florida Atlantic University 10. List any related professional certifications and licenses which you hold: Law Enfor men ff' 11. Give your present, or most recent employer, and position: Town of Hi bland Beach FL - Chief of Police 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) I have twice served as an elected trustee f r th P lic n Firefighters Retirement System. I have attended several confere s and seminars germaine to Trustee duties.. I hereb edify that a above statements are true, and I agree and understand that any misstatement of material facts con in this a p " tion may cause forfeiture upon my part of any appointment I may receive. ~f ~y/es S NATURE DATE 57 r Note: This application will remain on file in the City Clam's C)ftice for a penod of G years rrom the ante it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. S1E[iYGLERK~BOARDUPPLiCAlTON DELRAY BEACH . o ~ o nn-a~cacay E~~~~~D ' CITY OF DELRAY BEACFF~ BOARD MEMBER APPLICATI~i 2 12007 R1~ 1993 G1'`o( i•/ G 2001 ~ ~, U~ Please or rint the folio inforn~ation: 1. Last Name: ~ - J~ c Li ~t~c v ~+! ~ Name j ~~ / l/~~i/ M I. ~ 2. Home Address: ~~v r ~ ~ r~ ~ •~~ a ~/L ~~' fJ~P/ ~.P,~-~~ l'G .31 ~~S/,!" 3. Legal Residence: ~/l~v.L Caty ~r lsv~z' State Zip Code 4. Principal Business A//ddress: ~~ ~`i~~~ City State Zip Code 5. Home Ph~oine: ~~c~ p~0.~ Business Phone: E-Mail Address: /?J~/,~gl~s+zbw,~ fy~,^~.~ia, Cell Phone: ~}~{c~ ~~G 3 Fax: 6. Date of Birth 7. Are you a registered voter? If so, where are you registered? ~ ~ f ~~.~~a 1~~~~~ ~G ~7/ 8. W/.h,~at Board(s) are you intereste rn serving? Please list in order of preferen . Crw eK L ~s~„p/iYYrl s~'S-,c.~irviv f U/ /fib/ic ,• a- ,Pr/ ~ o Gl 9. List all City Boards on which you are currently serving or have previously served: (Please include dates) .tz ~ v , ~ ~1 k- m t ~i ~c/% f! a,a o - .z oo G o~ ~ P,%Y.lio ~/ Ba~ ~~.~t~'--7 10. Educational qualifications: ~~vc' ~ e ,i '"~ /.,~ -tee 1 i. Lisst anly related professional certifications ~d licenses which u ho /( A2 ~Pti o v~ v~ ~ D/!/L 7`.,/~i. C~' e.e~i~ ~b fv ~ C.4 Jtbl`'~ r li /!/3"d2rC~y~7`a /~'~ /0 ~~ U lU/L ~ ~,~jL ~~1 ~~ ~d v~ ~ 12. Give your present, or most recent employer, and pos~tion: 13. Describe experiences, stalls or knowledge which qualify you to erve on this board: (Please attach a brief resume) f~ d S,~ .rat ~-~ e~~~~,~ ,~~d/ ~ ,~ ~~fw G ~r d~~ , -f- Ihereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts containe~~d~~~~this applic ion ycause forfeiture upon my part of anyappointment I mayreceive. .~~fif,..t. ~~ SIGNA'T'URE DA Note: This application will remain on file in the City Clerks Office for a period of 2 years from the date rt was submitted. It will be the applicant's responsibilityto ensure that a current application is on file. OELRAY BEACH . o lld-Ae~all~t CITY OF DELRAY BEAC ECEi~lE(~ ® BOARD MEMBER APPLICA ION 1993 DEC 2 2 200fi 2001 CITY CLER Please type or print the following information: / ~/~~ 1. Last Name: Name M. L chu5~ec G~enr~ 2. Home Address: Ciry State Zip Code ~} 5 A N -u 3 c aL s~- e, I c a Q e. a.oh F 1• 3 3 °i'i 5 3. Legal Residence: City State Zip Code S a, rte ~ S a. r*t a ~. ~ • . • . 4. Principal Business Address: City State Zip Code e~4re~ FD tJY ~ cook n I~~( 5. Home Phone: Business Phone: E-Mail Address: Cell Phone• Z~ hr Fax• Jb~''-l -0101 56~--(O!o-x553 . 6. Date of-Birth 7. Are you a registered voter? If so, where are you registered? a-Zo-(~1 es 8. What Board((s) are you interested in serving? Please list in order of preference: Code Ertifo ~-~ew,eh-t- Pol~~~ a- Ft~e, Q ord. 9. list all City Boards on -which you are currently serving or have pceviously served: (Please include dates) . Co En~oc-ce,r~G••-1- >_ - X03 - 2 fo Ec-13 tJ~I~. Gctrnn~.rcL1 C~odr•}- 3-91-x3 o e a e UFA 10. Fducadonat quali cadons: Ftre~ Scte...c~ (Y1~S~-ecs Ftrc, co~-c.c~~on ems. ~he.tr So~n~a soli t,a"~ C L~rT wl t+~t Ct,t, .~ug }1 ce. 0.SS0.t3 Coa}tt-~ ~ti't ~~0.~: G~~.~~6~t. . 11. List any related professional certifications and licenses which you hold: w-F~Gr L,~}tt . . Ftce~t of FDNY ceszc v to.-t I~I'PR N1=MA C~vt~ Sec~tce e. b cJ ..CC r l ~ ( p 1rlfG ~ntOCc:a~Gn~ fl Gn-T GGC}ITtC~ FQt~lr TnS ~k'eC ~.-'~ C ~ CCT• COUC~ IlG 12. Give your present, or most recent employer, and position: G- df ~e~ ~OrK F~~e_ 4~~~t-, 13. Describe experiences, skills or knowledge which qualify you to serve on this board: {Please attach a brief resume), Zb C0.CS ;;7 -~rhe ~a11ow..: c~r~(_ iac Fife So~enae. 6u.ldtn Go,,.5}coe-~so.~ foc ~4.G ~tri, ^s LCJLCB FtfG ~~,}eG}-~o~v~ 0.„~~ 5~ ~t55cor1 S s-~tr+s r7i ~~i15'~Ftctar~tt~l~fG S ~t (acSor~ ZvtvtS'~•t• 0.~toe~ lo~rar~c~bl~ !-~a 4~ctou~ Mc~+ertalS, Couff R tsse*+~'t~e.5 I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained in this application may cause forfeiture upon my part of any appointment I may receive. ~~~~h:~u.~~.G~. 12 - 2 -- y6 SIGNATURE DATE - y ~S. Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on &le. 3 - 3~-o s My name is Glenn M Schuster, I am applying for a position for the aty board membership. I moved to Delray Beach in 1993, so,far it has been the most difficult decisions l have had to make, At the time I was working as a New York City Fire Inspector onthe lower east and west sides in the aty and as far north as 37th st. I have a extensive background in the followinngg areas.Arson investigation,effective company command,high rise/Fire and life safety,Plammable Hazardous Materials,Buitding Construction for the Fire Servioe,Fire Suppression and detection systems,Principles of Fire Protection Chemistry; i happened to hate that one. I have never carmen my text book education on any job application in Florida. I have twenty years in the fire protection sector all documentable.The system in the F.D.N.Y is different 1 was a New York City E.M.T, 1 was trained in alt aspects of Fire Fighting. Due to injuries playing hockey for the Fire house and the wear a tear of fire heavy smoke etc. The Fire Department promoted to represent the department in criminal and avil court litigation's I did this for five years and alt my elevations were either outstanding,very good or good. I am looking for something to do with the second half of my life and. applied for over 70 jobs, some were civil service some.were private sector My health problems did not effect me but they effective my potential employers am in good shape have worked out for twenty years and have started again. I am a true professional, I am used to speaking in public and feel if given an oppturnrhr you will be happy wrrh my broad experiences. This is the only time I have written. a note to attach to my application but I need somethinngg to do with my time and waiting for the dreaded day one of my parents doesn't wake up.This is a real letter and i have all the documents to support the 1st and 2nd paragraphs. ~~espectful -Glenn M Schuster l~:1 ~ 561 499 0561 ~ 2/20/00 Q 18:46 [j i/2 Glenn M Schuster 4585 A N.W. 3rd Street Delray Beach, Florida 33445 (561-499-0561) summary of Qualif~cations• Dedicated professional with hventy years experience. Through knowledge of NFPA, New Yerk City and building codes, labor laws and health codes, Former BMT FDNY, recently I Dave taken the Florida Fire Inspector and EMT courses. Through knowledge of fire suppression and detection ststem s of al! types. fixcellent reputation among superiors, city officals, builders, architects, contrators and attorneys. Sharp and creative in problem solving and needs assessment. BMPLOYMBNT HISTORY 3/93-4/94 Econocsribe Consolidators Inc. Miami, Florida Assistant Manager Assistant in managing one hundred fifty thousand-feet of US Customs bonded space. Supervised warehouse ernpolyees, taught safety and security principles to stall Maintained accurate inventory and shrinkage control. 11/91-11/92 New York City Fire Department, New York,Nevv York Rank Inspector Preformed work in the conduct of inspections to detect violations of laws, rules andregulation which are intended to reduce or eliminate,fu+e and explosive. hazzards or assist in extinguishing fire. Preform related work, conduct inspection and investigation, research national and New York City fires as well as health codes and labor law, Issue summons and violation orders when necessary. 3/87.6/90 New York City Fire Department New Yorkt New York Rank Court R ' epresentative Evaluate building owners compliance with the New York Fire Prevention, NFpA; prosecte owners for violation, conduct interviews and investigations; research applicable codes to prepare case. Recommend penalities and suggest time for compliance. 3/85 3/87 New York City Fire. Department, New York, New York Rank Lieutenant Developed and implemented procedures to track down-builders that were in violation of The New York City Fire Law Hanbook.Supervisedsnd trained Enforcement Agents; nerved notices; conducted title searches and investigations maintain accurate service records; advise management of areas requiring father analysis. Education WC Mepham High School Bellruore, NY 11710 High School Diplomia 1980 _ John Jay College of G'imminal Justice 88910th Avenue Major Fire Science 1980-1986 New York City Fire Department Itsndalls Island Bronx NY. Fin 5ghtin8; Fire Inspection, OElicers School Nassau County Fire Service Academy Bethpage, NY Fire Fighting Advance Tnralc Advanced Engine operations EMP i~~~G~ ..~lT'~-' 'ti`p" ~' ~C18 / v ( MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: Brian Shutt, Assistant City Attorney THROUGH: CITY ATTORNEY DATE: April 12, 2007 SUBJECT: AGENDA ITEM # I O.!"1 -REGULAR MEETING OF APRIL 17, 2007 DEVELOPER'S AGREEMENT/CANNERY ROW ITEM BEFORE COMMISSION This item is before the Commission for a second public hearing. The attached developer's agreement provides as follows: - conveyance to the City of a building (which is only the shell of the structure and contains approximately 3000 sq. ft.) for a price not to exceed $530,000.00 located at the SE corner of the project for community facility purposes and dedicates an area for open space at the NE corner of the project - waiver of the park impact fee (approx. $41,500.00) for all of the units in exchange for the receipt by the City of the dedicated land - the City shall become a member of the Homeowner's Association and shall be responsible for all HOA fees except for fees relating to certain common area facilities that will not be used by the City. - the HOA documents provide - no entry through the rear doors by the public - refuse must be stored inside the building - deliveries only permitted M-F from 9 to 5 - no permanent food or beverage services - all parking shall be off site, unless the unit contains a garage - hours of operation 8 to 10 M-Th, 8 to 12 a.m. Fri and Sat, and 12 to 6 on Sun. - City must provide insurance to the Association as determined by the Association - if the unit is converted to a solely residential use in the future then the unit shall be required to comply with all of the HOA declarations. - if the City uses the developer to build out the interior of the unit it will be done at cost (currently the estimate is approximately $160,000.00 however this is subject to change). BACKGROUND The first public hearing on this agreement was held on March 20, 2007 and was approved. FUNDING SOURCE The City does not have any funds budgeted for either acquisition or build out of this structure. If approved, we would have to budget funds for next year. The CRA may be a potential funding source. RECOMMENDATION Commission Discretion 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 CANNERY ROW, LLC (hereinafter referred to as Developer), provides as follows: WHEREAS, a project called Cannery Row is being developed along the west east side of the 300 block of Pineapple Grove Way in the City; and WHEREAS, Land Development Regulation Section 4.4.13(H) provides that if the developer of a project fronting on N.E. 2nd Avenue, between N.E. 3rd Street and N.E. 4th Street, chooses to dedicate an area at the northeast corner of the project to the City for open space and to convey property and a building to the City fronting on N.E. 2nd Avenue at the southeast corner of the project, then the developer shall not be required to furnish non-residential uses fronting on the west side of N.E. 2nd Avenue between N.E. 3rd Street and N.E. 4th Street; and WHEREAS, the Developer will dedicate a parcel at the northeast corner of the project to the City for park purposes and will transfer land and a completed shell structure, as more thoroughly described in this Agreement, to the City located at the southeast corner of the project and fronting on N.E. 2nd Avenue, to be used as a community facility as a condition of the Development; and WHEREAS, pursuant to F.S. 163.3225 the City has held 2 public hearings regarding this Development Agreement and this Agreement is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the Developer has the option to build a mixed use project in accordance with the City's Land Development Regulations but chose instead to enter into this Development Agreement, in its sole and absolute discretion, and be bound by the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Developer and City hereby agree as follows: 1. Recitations. The above-stated recitals are incorporated as if fully set forth herein. 2. Dedication of Park Land. The Developer shall dedicate, to the City, a parcel, as shown on Exhibit "A", for park purposes which shall be maintained by the City. In lieu of the City paying the Developer the value of the land, which is $414,645.00, the City shall waive the Impact Fee set forth in LDR Section 5.3.2 (c) for all units. Developer will provide a water service stub-out to the property line that the City can connect to an irrigation meter at a later date. Developer will sod the corner if the NE corner of the project has been landscaped prior to the City completing the landscape plan for the park. All maintenance of the park shall be by the City. Developer will have no other improvement requirements for the park area. The property described in Exhibit "A" shall be dedicated to the City in perpetuity on the plat to be recorded by the Developer. 3. Conveyance of Unit. Developer shall also convey fee simple title to the City of Lot 12 of the Plat of Cannery Row with a completed shell structure, pursuant to floor plans, elevations, and specifications as set forth on Exhibit "B", to the City to be used by the City as a community facility as it determines, in its sole discretion. The City shall pay the actual land cost and costs of construction of the unit, which will not exceed $530,000.00. The parcel and structure shall be transferred to the City, or its assigns, in accordance with the purchase and sale contract between the City and Developer is in the form attached hereto as Exhibit "C". The approval of this Agreement is conditioned upon the parties executing a purchase and sale agreement (Exhibit "C"} within 120 days of the execution of this Agreement. Failure to approve such an agreement within the time period set forth shall make this Agreement null and void. Developer will finish the interior of the unit at cost, provided that the City provides Developer with all necessary plans, specifications, drawings, permits, etc., so that Developer may construct the interior of the unit at the same time the interiors of the adjoining units are being constructed, so as to not interfere with the quiet enjoyment of the adjacent units when sold for occupancy. Should the City desire to retain a third party to finish the interior of the unit, the City will be required to commence the construction at the same time that the Developer is constructing the interior of the adjoining units, and subject to the Developer's site plan development, construction schedule, and safety measures as implemented by Developer. Commencing upon conveyance of the unit from developer to the City, the City will responsible for Homeowner's Association (HOA) assessments. The HOA documents will reflect that all units will be charged the same uniform rate of assessment, except for the Community Facility, which will be charged less, as it will have no use of the common area facilities (pool, gazebo, playground, etc.). Any lease of the Community Facility by the City will specifically state that the tenant(s) do not have use of the common area facilities and their occupancy shall be subject to the HOA documents, including any Rules and Regulations promulgated by the Developer and/or Homeowner's Association. 4. Requirements of Develoument Agreement. (a) A legal description of the land subject to the agreement, and the names of its legal and equitable owners - Lots 1 through 24, inclusive, Block 73 and the 16 foot alley right of way lying East of and adjacent to the East line of Lots 1 through 12, inclusive, subdivision of Block 73, according to the Plat thereof as recorded in Plat Book 12, page 62, Public Records of Palm Beach County, Florida, less the North 15 feet thereof. Legal Owners -Cannery Row, LLC (b) The duration of the agreement - Less than 10 years (c) The development uses permitted on the land, including population densities, and building intensities and height -Uses permitted are residential and commercial; proposed population density is 183; building density is a maximum of 30 units per acre; and maximum height is 48'. (d) A description of public facilities that will service the development, including who shall provide such facilities; the date any new facilities, if needed, will be constructed; and a schedule to assure public facilities are available concurrent with the impacts of the development; -The public facilities are water and sewer and they are already in place. (e) A description of any reservation or dedication of land for public purposes; -see the plat attached to this agreement. (f) A description of all local development permits approved or needed to be approved for the development of the land; -building permits. 5. Commencement of Agreement. This Agreement shall commence 31 days after the Department of Community Affairs is in receipt of the Agreement, as per paragraph 5, and shall expire upon the conveyance and dedication of the parcels and building to the City from Developer, however, in no event shall the term of this Agreement exceed 10 years. 6. Failure to Address aCondition/Requirement. If this Agreement fails to address a particular permit, condition, term, or restriction, Developer shall not be relieved of the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions. 7. Recording of Agreement. Pursuant to F.S. 163.3239 this Agreement shall be recorded in the public records of Palm Beach County and a copy of the recorded agreement shall be submitted to the Department of Community Affairs. 8. Review of the Agreement. The City, at least once every 12 months, shall review this Agreement to determine if there has been demonstrated good faith compliance with the terms of the Agreement. If the City determines, based upon substantial competent evidence, that there has been a failure to comply with the terms of this Agreement, the Agreement may be revoked or modified by the City. 9. Amendment/Cancellation. Pursuant to F.S. 163.3237, this Agreement may be amended or canceled by mutual consent of the parties; provided, however, that the City's LDR's requiring a mixed use project shall not be abrogated by a cancellation of this agreement. 10. Assignment. The purchase and sale agreement (Exhibit "C") may be assigned by the City to the Community Redevelopment Agency or the Delray Beach Community Land Trust, Inc. without the approval of the Developer, if the City wishes to assign the purchase and sale agreement to another entity it must first obtain consent of Developer, which shall not~be unreasonably withheld. 11. Compliance with Laws. If state or federal laws are enacted after the execution of this Agreement which are applicable to and preclude the parties' compliance with the terms of this Agreement, then this Agreement shall be modified or revoked as is necessary to comply with the relevant state law or federal laws. 12. Indemnification. Developer hereby agrees to defend, indemnify and hold the City harmless from any and all claims, suits or any other cause of action arising out of this Agreement including attorneys fees and costs expended by the City at trial or appellate levels to uphold this agreement. 13. Compliance with the City's Comprehensive Plan. This Developers Agreement is in compliance with the City's Comprehensive Plan and Land Development Regulations. 14. Venue. Any claims, lawsuits or disputes that may arise under this Agreement shall be governed by the Laws of Florida, with venue in Palm Beach County, Florida. 15. Approvals. This Agreement constitutes the entire agreement and understanding of the parties. There are no representations or understandings of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year first above written. ATTEST: CITY OF DELRAY BEACH By: City Clerk Approved as to Form: By: City Attorney WITNESS: (Name Printed or Typed) (Name Printed to Typed) STATE OF COUNTY OF By: By: Mayor, Jeff Perlman The foregoing instrument was acknowledged before me this _ day of , 20 , by , as (name of officer or agent, title of officer or agent), of , 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 My Commission Expires: EXHIBIT "A" Tract G of the Cannery Row Replat recorded in Plat Book _, Page EZ~IT `B" FLOOR PLANS AND ELEVATIONS 18 Buyer Initials Z `'}- O W Q d. O w z z U T ~_ z 5 a z 0 _J C] Q 0 0 J Z `~- O N W C~ a. O oC oC w z z Q U T _J M~ W Z g a z 0 _J Ca Q 0 0 J Ll. 21Fi-L m Z `i"' O M Q 0 W Z z Q U T _Z J_ ~y~ W Z 5 a z 0 m 0 0 J LL Z `~-' O d' L!J Q w oC Q O O J L.L T U ~- Z .J m Z~ ~ o ~~ ~~ ® w z z U U ~~t~rn ~H-Z ~+- O ~^ `. Q z ~H-Z w O O J C N e U ~° z ~ ~__ J m O } ® ll.l z Z U Z `+- O Cfl W C~ Q ~~~rm 2!H-Z a w Q O O J LL -a i C'7 (~ 1 U u~ ~_ O U ~~ ~~ _: m f- Z d Ll.. F~- Z O U U m '. :. ~.: ~..~~4~'. ., ~G. .~~~~-Y. -. .. ~. tii~ ~a umi~m ~ ~~~', ' I i~~~~ DD 00 00 ;;; ~> z 0 a J W H Q W J U Q °z ~. O U ~- !W V a (~ z D m O w Z Z Q U ~- /W V a F-- U ~~ ~~-~ ~~~ 0 u a. -3~= - ~:;~.- -- ~`~-~~: ,. ., ~~-- - ;~;~-_ ,a. ~,.._kr~vy.~.~~ ~~'_ i~~~• ''1r^'y~°~fny~ - ~ ~, +~~ ~C!ry".'i Z 0 a J W O V !~ c~ z 0 5 m O W 9Z U ^o ". - _ - - i T N i (--- Z ~--~ --~ i ~ ~^ ;~ ~o =m r . ..~^'"~..^C . ~T, ' -' r - ~ _ . { `,~ _ t .. ~ t~ ~: , T f ~1' `' ~~ t~ f ~Sr~w~ r`Y~~, ~9A'?r1 - .. .....r_. .c_ :: ~' __ .. -- - _ i-~. '~~II 0 w c~ a Z F LJ r W _~ U T _Z _~ J m O ® W Z U~ EXHIBIT "C" CANNERY ROW PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT ("Agreement") is made and entered into as of this day of 2007, by and between CANNERY ROW LLC LLC, a Florida limited liability company ("Seller"), and the CITY OF DELRAY BEACH, FLORIDA ("Buyer"). IN CONSIDERATION of the respective agreements hereinafter set forth, Buyer and Seller agree as follows: 1. PURCHASE AND SALE. Subject to the provisions of Section 42 herein, the Cannery Row development consists, generally, of eighty-two (82) Townhomes and common area and recreational amenities related thereto, a city-owned corner park, and acity-owned community facility ("Cannery Row" and/or the "Project"). Buyer agrees to purchase from Seller, and Seller agrees to sell to Buyer, for the Total Purchase Price set forth below, and on the terms and conditions contained in this Agreement, Lot 12 ("Lot"), as shown on the proposed Plat of Cannery Row ("Plat"), attached hereto as Exhibit "A", together with the community facility ("Community Facility") to be constructed on the Lot pursuant to the floor plans ("Floor Plans") and building elevations ("Elevations"), and related construction specifications ("Construction Specifications") attached hereto as Exhibit "B" and Exhibit "C", respectively. The Lot and Community Facility are sometimes collectively referred to herein as the "Property"; however, the sale of the Lot and Community Facility will be considered a single sale -the Community Facility not being separate from the Lot. The Property address is: To Be Determined. 2. PURCHASE PRICE: Base Purchase Price: Change Orders, if any: Total Purchase Price: (exclusive of Closing Costs, prorations, and any Change Orders not included here): $ NOT TO EXCEED $530,000.00 $ N/A $ 530,000.00 TOTAL PURCHASE PRICE TO BE PAID AS FOLLOWS: Deposit ls` Deposit (10% of the Base Purchase Price): 2"d Deposit (10% of the Base Purchase Price): Upgrade Payment, if any (see Upgrade Addendum): Balance of the Total Purchase Price (Due at Closing in local bank cashiers check or received wire transferred funds): $ $10.00 $ N/A $ N/A $ N/A $ 529,990.00 Buyer Initials 3. COST TO BUYER: The Base Purchase Price stated above is intended to be the guaranteed maximum price Buyer shall pay for the Property, as constructed pursuant to the Construction Specifications, as defined herein. Buyer may, at any time until one year from the Closing Date ("Cost Review Period"), and upon reasonable notice to Seller, have access to Seller's financial records relative to the Project in order to determine the true and actual cost to complete the Property in accordance with the Construction Specifications ("Cost"). Cost shall be defined as all costs necessarily incurred by Seller in connection with the acquisition, financing, ownership and construction of the Project and the Property; provided, however, that recreational amenities, and sales and marketing expenses for the Project shall be specifically excluded from any calculation of Cost. In the event Seller determines that Cost shall be less than stated above on or before the Closing Date, Seller shall adjust the Base Purchase to reflect any such reduction in Cost. 4. Deleted. 5. SELLER'S FINANCING. Buyer understands that Seller has obtained, or will obtain, acquisition, construction and other financing with respect to the Project. Buyer agrees that this Agreement, and all modifications and additions thereto, will be subordinate in all respects to the lien and priority of any mortgage (and related security interests) now or hereafter placed on the Property securing such Seller's financing, including all loan renewals, future advances, extensions and modifications. The parties intend that this subordination shall be effective automatically without any further notice to, or action by, Buyer. Buyer acknowledges that, as additional security for any of Seller's financing, Seller may assign all of its rights under this Agreement to its lender(s), including all rights Seller may have to Buyer's Deposit, subject to requirements of applicable laws. 6. CONSTRUCTION SPECIFICATIONS. The Community Facility will be constructed in substantial accordance with the plans, retained in Seller's sales office, and the specifications, attached hereto and made a part hereof as Exhibit "C", as such plans and specifications are amended from time to time. Such plans and specifications, as they are so amended from time to time by Seller, are referred to in this Agreement as the "Construction Specifications". Although Seller will complete construction of the Property substantially in accordance with the Floor Plans, Elevations, and Construction Specifications, Buyer ackrnowledges that during the planning, design, engineering, and construction for the Project, certain modifications, substitutions, deviations and/or omissions in and to the Property, Project, Floor Plans, Elevations, and Construction Specifications (collectively referred to herein as "Construction Modifications") may occur due to governmental required changes, construction and field conditions, labor or product availability, construction scheduling, and design and specification changes made by Seller in Seller's sole discretion. These changes and adjustments are essential in order to permit all components of the Property to be integrated into swell-functioning and aesthetically pleasing product in an expeditious, cost-efficient, and profitable manner. Accordingly, Seller expressly reserves the right to make Construction Modifications during construction of the Property, and Buyer hereby authorizes Seller to make any such Construction Modifications deemed necessary in Seller's sole discretion without prior notice to Buyer. Buyer further understands and agrees that: (i) exterior finishes, such as paint color, roof color/material, shutter placement/color, window/door placement and designs, light fixtures, railings, and other exterior finishes installed by Seller pursuant to the Construction Specifications, are subject to shadings in color gradations, die lots, etc., and may vary from any samples or illustrations shown to Buyer without prior notice to Buyer; (ii) all representations of dimensions, materials, equipment, and finishes are approximations of size, materials, equipment, appearances, and finishes, and are all subject to change by Seller in its reasonable discretion without prior notice to Buyer; (iii) changes in the dimensions of rooms, patios and balconies, and the location of utility (including, without limitation, electrical, television and telephone) lead-ins and outlets, doors, windows, air conditioning equipment, ducts and components, lighting fixtures, electric panel boxes and meters, fencing and gates, and the general layout of the Community Facility and any exterior improvements on the Lot are subject to change by Seller in its reasonable discretion without prior notice to Buyer; (iv) many items, finishes, 2 Buyer Initials materials, fixtures, equipment, furnishings, window treatments, accessories, upgrades, changes, and other improvements which may be displayed in any sales model or sales office, or in any marketing or promotional materials, are for display, design and marketing purposes only, and to the extent such items are not included in the Construction Specifications, such items are not included in the Property; (v) if circumstances arise which warrant changes of suppliers, manufacturers, brand names or other items, Seller may substitute materials, finishes, equipment, fixtures, appliances, etc., which aze of substantially equivalent quality in Seller's sole opinion, without prior notice to Buyer; (vi) Seller will have complete discretion in landscaping of the Property and the Project; (vii) Seller will have complete discretion with all improvements and amenities situated within the Common Property (as defined in the Homeowner Documents); (viii) the plans and specifications for the Community Facility now or hereafter on file with the applicable governmental authorities may not be identical in detail to the final Floor Plans and the Construction Specifications, and (ix) because of the day-to-day nature of the changes described in this Section 6, the plans and specifications on file with applicable governmental authorities may not include some or any of these changes (there being no legal requirement to file every change with such authorities). The provisions of this section 6 will survive (continue to be effective after) closing. 7. CHANGE ORDERS. BUYER ACKNOWLEDGES THAT SELLER IS NOT OBLIGATED TO PROVIDE UPGRADES, EXTRAS, OPTIONS, OR CHANGE ORDERS OF ANY KIND. If Buyer requests changes to the Construction Specifications that are not included as part of the Construction Specifications ("Change Orders"), Seller may, in its sole and absolute discretion, either: (i) accommodate Buyer's change order request in the manner provided below, or (ii) deny any or all of Buyer's Change Order requests, and Buyer will accept Seller's decision on all change order requests as final. Buyer further understands that in the event Buyer's Change Order request is denied by Seller, the Community Facility will be completed substantially in conformity to the Construction Specifications, and any Approved Upgrades or Approved Change Orders, as defined herein. No Change Orders shall be implemented unless an approved Change Order Addendum ("Change Order Addendum") for any such Change Orders is signed by Buyer and Seller and full payment for such Change Orders, as specified in the Change Order Addendum, is received by Seller ("Approved Change Order'. Buyer acknowledges and agrees that all payments made to Seller in connection with any Approved Change Order shall be not be considered as part of any deposit toward the Total Purchase Price, and any and all such payments are completely non-refundable in all respects; provided, however, if Seller shall fail to include any Approved Change Order in the Property, Buyer's sole remedy and Seller's sole liability shall be to deduct the amount paid by Buyer for any such omitted Approved Change Order from the Total Purchase Price at Closing, provided Buyer has paid Seller for same. Buyer further acknowledges and agrees that Seller's failure to include any Approved Change Order, or non-approved change order request made by Buyer shall not be grounds for: (i) Buyer to delay or postpone the Closing, or Buyer's obligation to close and pay the balance of the Total Purchase Price to Seller, (ii) any reduction of or credit against the Total Purchase Price, or (iii} placing any portion of the Total Purchase Price in escrow. If applicable, Buyer shall have thirty (30) days from the date of Seller's notice to Buyer that the time period for Buyer to make any required finish selections for the Community Facility has started ("Selection Period"). The Selection Period which may be extended from time-to-time in writing by Seller in Seller's sole discretion. Buyer understands that in the event Buyer fails to provide Seller with any required fmish selections within the Selection Period, Seller may complete the Property using such finish selections that Seller shall determine, in its sole discretion without prior notice to Buyer, provided such fmishes are consistent with the Construction Specifications. 8. CONSTRUCTION OF THE PROPERTY. Subject to other terms of this Agreement, Seller shall commence construction of the Property as soon as it is reasonably possible following the issuance of all required building permits, 3 Buyer Initials and shall proceed with reasonable diligence throughout the term of construction. Seller agrees that all construction shall utilize new materials (or equivalent quality) and that all such materials shall be in accordance with applicable governmental rules, regulations and building codes, and that all work shall be done in a good and workmanlike manner. Seller shall be responsible for all building permits, impact fees, water and sewer hook-up fees, excluding deposits for utility services which shall be reimbursed by Buyer at Closing. 9. INSPECTION PRIOR TO CLOSING. Prior to Closing, and upon notice to Buyer, Buyer shall be given a reasonable opportunity to inspect the Property with Seller's representative. At that time, Buyer shall present to Seller an inspection statement ("Punch List") signed by Buyer, setting forth any defects in workmanship or materials in the Property which are truly defects in workmanship and materials (the standards for which shall be the construction standards generally prevalent in Palm Beach County, Florida for similar property, which is a commercial shell). Buyer understands and acknowledges that Buyer's setting forth any such perceived defects in workmanship or materials on a Punch List does NOT obligate Seller to repair or warranty any such item(s). Those items on any Punch List that are not equal to the then prevailing construction standards generally prevalent in Palm Beach County, Florida for similar commercial properties, and only those items that are not equal to such standards, as Seller shall determine in Seller's reasonable discretion, shall be considered by Seller as part of the Punch List for which Seller has an obligation for repair and warranty. Seller's failure to perform Seller's obligations hereunder shall not delay, postpone, or otherwise interfere with the Closing. Subject to the construction standards stated above, Seller shall correct and/or complete all work required under the Punch List within sixty (60) days after Closing, at Seller's expense and in a workmanlike manner, subject to the availability of labor and materials, access to the Property after Closing, or events which constitute force majeure. Buyer hereby authorizes Seller to determine the means and methods for making any and all Punch List and warranty related repairs. Buyer further recognizes that although the Property, at Closing, will have received a fmal certificate of occupancy, Seller may still be in the process of completing certain improvements in the Community Facility, on the Lot, and within the Project. NO ESCROWS OR HOLDBACKS OF CLOSING FUNDS WILL BE PERNIITTED. The fact that Seller has to complete work set forth in the Punch List after Closing shall not delay or postpone the Closing, or Buyer's obligation to close and pay the balance of the Total Purchase Price, or be grounds for a reduction of or credit against the Total Purchase Price, or be grounds for deferring or imposing any conditions on Closing, or be grounds for placing a portion of the Total Purchase Price in escrow pending completion of the Punch List items. 10. CLOSING. The term "Closing" refers to the time when Seller delivers the special warranty deed for the Property to Buyer and Buyer delivers to Seller the balance of the Total Purchase Price and any additional amounts owed by Buyer to Seller under this Agreement and ,for any Approved Upgrades and Approved Change Orders, as set forth herein, or therein, and ownership of Property is transferred from Seller to Buyer (the "Closing"). At Closing, the parties will execute and deliver all documents Seller's closing agent deems necessary or appropriate. Buyer shall not move any personal property onto or take occupancy of the Property until a certificate of occupancy for the Property has been issued by the appropriate governmental agency, and Seller has received the Total Purchase Frice in accordance with the terms of this Agreement. Legal and physical possession of the Property shall be delivered to Buyer at Closing. The Closing will occur after issuance of a Certificate of Occupancy for the Community Facility by the City of Delray Beach. Buyer understands that Seller has the right to schedule the date, time and place for the Closing ("Closing Date"); provided, however, that before the Closing Date, Seller must obtain a final certificate of occupancy for the Property. Buyer acknowledges that the common property, any improvements thereon, and all improvements related to the Project need not be completed or have such certificates of completion or occupancy prior to the Closing Date. Buyer will be given at least thirty (30) days' notice of the date, time and place of Closing. Seller is authorized to postpone the Closing for any reason and Buyer will close on the new date, time and place Seller specifies in its notice of postponement (as long 4 Buyer Initials as at least 2 days' notice of the new date, time and place are provided to Buyer). A change of time or place of Closing only (that is, one not involving a change of date) will not require any additional notice period. Any formal notice of Closing, and any postponement or rescheduling of the Closing may be given orally, by telephone, facsimile, electronic mail, regular mail or other reasonable means of communication at Seller's option. All such notices to Buyer shall be sent or directed to the address, facsimile, electronic mail address or telephone number (as appropriate), specified on Page 1 of this Agreement unless Seller has received written notice from Buyer of any address change prior to the date Seller's notice is sent, transmitted or given to Buyer. These notices (other than a change of address) will be effective on the date given, transmitted or mailed. An affidavit of one of Seller's employees or agents stating that this notice was given or mailed to Buyer will be conclusive in this regard. If Buyer fails to receive any of these notices or the confirmation because Buyer failed to advise Seller of any change of address, telephone or facsimile number, or electronic mail address, or because Buyer has failed to pick up a letter when Buyer has been advised of an attempted delivery or because of any other reason, Buyer will not be relieved of Buyer's obligation to close on the scheduled date unless Seller agrees in writing to postpone the scheduled date. If Seller agrees in writing to reschedule the Closing at Buyer's request, or if Buyer is a corporation (or other business entity) and Buyer fails to produce the necessary documents establishing proof of the organization, good standing and authorization of representatives, as requested by Seller, and, as a result, Closing is delayed, or if Closing is delayed for any other reason (except for a delay desired, requested or caused by Seller), Buyer agrees to pay at Closing a late funding charge equal to interest, at the then highest applicable lawful rate, on that portion of the Total Purchase Price not then paid to Seller (and cleared), from the date Seller originally scheduled the Closing to the date of actual Closing. Additional late funding charges also may be imposed as stated in this Agreement. All prorations will be made as of the originally scheduled date. BUYER UNDERSTANDS THAT SELLER IS NOT REQUIRED TO RESCHEDULE OR TO PERMIT A DELAY IN CLOSING AND THAT IF BUYER FAILS TO TIlVIELY CLOSE AS REQUIRED BY TffiS SECTION 10, BUYER WILL BE IN DEFAULT UNDER SECTION 16 OF TffiS AGREEMENT. 11. TITLE. At Closing, Buyer will receive good and marketable title to the Property, subject to the permitted exceptions listed below ("Permitted Exceptions"). At Closing, Buyer will receive the following documents, which Buyer agrees to accept as proof that title is as represented above: A. Title Commitment. A written title commitment from a title insurance company licensed in Florida agreeing to issue Buyer a title insurance policy for the Property (ALTA Owner's Policy with Florida modifications) ("Title Policy"). The title commitment will list the following Permitted Exceptions (exceptions subject to which Buyer agrees to take title to the Property): 1. Real property taxes and assessments affecting the Property for the year of Closing, and subsequent years, including any applicable special assessment, community redevelopment or improvement districts; 2. All laws, and all restrictions, covenants, conditions, limitations, agreements, reservations and easements recorded in the public records, or otherwise established with respect to the Project, for example, zoning restrictions, property use limitations and obligations, governmental permits, easements, rights-of--way, plat restrictions and dedications, and agreements relating to utilities, drainage and conservation areas; 3. The restrictions, covenants, conditions, easements, liens, terms and other provisions imposed by the documents contained or referred to in the Homeowner Documents, as defined herein, and any amendments thereto (and any other documents which Seller, in its sole discretion, believes to be necessary or appropriate) which will be recorded by Seller now or at any time after the date of this Agreement in the Public Records of Palm Beach County, Florida, and all amendments to any of such documents; Buyer Initials 4. Easements in favor of the Association, as defined herein, and public utility providers for general access over and across the Property and the Project, and for the installation, service, repair, and maintenance of all water retention areas, drainage improvements, roads, and all other improvements and utilities serving the Property and the Project; 5. Minor encroachments, if any, into easement areas serving public utilities by Property-related improvements such as air conditioner pads and equipment, roof and balcony overhangs, which are hereby deemed permitted; 6. The mortgage, and any other security instruments, in favor of Buyer's lender, if any; 7. Deleted 8. All other standard title exceptions contained in an ALTA owner's title policy customarily issued in Palm Beach County, Florida for similarly situated properties, and all other title exceptions for items common to the Project; provided that no limitation on Buyer's title may prohibit construction of the Community Facility, nor the use of it as a Community Facility, subject to the Homeowner Documents. B. Closing Documents. At Closing, Buyer will receive: (i) a special warranty deed to the Property which will be subject to (that is, contain exceptions for) all of the matters described above, (ii) Seller's form of owners (no- lien) affidavit, FIRPTA ("non-foreign") affidavit, and gap affidavit, (iii) Bill of Sale for any personal property contained in the Community Facility, (iv) final as-built survey of the Property, (v) Soil treatment certificate, (vi) Insulation certificate, (vii) Certificate of Occupancy for the Property, and (viii) the Limited Warranty Registration, which shall require Buyer's execution at Closing. Buyer and Seller shall each execute and deliver to the other such additional documents as reasonably required by the closing agent to close the transaction contemplated in this Agreement. The documents (the title commitment, as aforesaid, and the documents listed in this Section 11.B. are collectively referred to herein as the "Closing Documents"). If Buyer finds title not to be in the condition required by this Agreement, then within thirty (30) days of receipt from Seller of the title commitment described above, Buyer shall notify Seller in writing of the specific nature of the claimed title defect and the specific actions needed to correct the alleged title defect, failing which any claimed title defect shown in the title commitment shall be deemed waived by Buyer. In the event Seller cannot provide the quality of title described above, Seller will have a reasonable period of time (at least ninety (90) days after Buyer gives Seller written notice of an objection to title) to correct any defects in title, but Seller is not obligated to do so. If Seller cannot, or at any time elects not to, correct the claimed title defects, then within five (5} days of notice from Seller, Buyer shall elect to either (i) accept title in the condition Seller offers it (with any such defects) and pay the Total Purchase Price for the Property (without reduction or offset), and Buyer shall not make any claims against Seller because of the alleged defects which will also be excepted from the special warranty deed; or (ii) cancel this Agreement and receive a full refund of the Deposit, whereupon Seller will be relieved of all obligations under this Agreement upon delivery to Buyer of the Deposit. If Buyer does not give written notice of such election to Seller within said five (5) day period, Buyer will be deemed to have elected option (i) of the preceding sentence. 12. CLOSING COSTS. Buyer understands that, in addition to the Total Purchase Price (which shall include all Approved Upgrades and Change Orders), Buyer shall pay at Closing the following fees and costs ("Closing Costs"): 6 Buyer Initials A. Deleted B. The actual costs of: (i) officially recording the special warranty deed in the Public Records of Palm Beach County, Florida; (ii); deleted (iii) title search fees, title examination fees, settlement fees, and closing administration fees; and (iv) the premium for the Title Policy. Notwithstanding the forgoing, in the event Buyer elects to use Seller's designated closing agent for the Closing (which Buyer has no obligation to do), all of the foregoing costs listed in this Section 12.B. shall be paid by Seller at Closing. In the event Buyer does not so designate, in writing, another closing agent at the time of execution of this Agreement, Buyer agrees that Seller shall designate its closing agent to complete the Closing. C. Buyer's prorated share of the quarterly maintenance assessment charged by the Association for the quarterly assessment period in which the Closing occurs; provided, however, if the Closing shall occur in the last month of any quarter, Buyer will be charged for the next quarter's assessment at Closing in addition to the aforementioned proration for the current quarter; D Deleted E. Reimbursement to Seller for the cost of providing Buyer with: (i) a final as-built survey of the Property, the cost of which shall not exceed $300, and (ii) a F.E.M.A. elevation certificate, if required, the cost of which shall not exceed $200; F. Reimbursement to Seller for any utility deposits or hook-up fees for the Property which Seller may have advanced prior to Closing; G. deleted H. Any unpaid charges for any Approved Change Orders; I. deleted J. All fees, costs, points, and charges imposed by Buyer's mortgage lender, if any, shall be paid by Buyer at Closing. Buyer acknowledges the Closing Costs referred to in Section 12.A. and 12.B. above do not include any mortgage loan closing costs of any kind, including, without limitation, the cost of title insurance required by Buyer's lender. In the event Buyer elects to use Seller's designated closing agent for the Closing, as aforesaid, Seller agrees to cause the closing agent to provide title insurance to Buyer's lender for the lowest amount permitted by law, and to coordinate the closing of Buyer's mortgage; K. Real property taxes will be prorated through the day before Closing on the current year's tax amount for the Property. If Closing occurs on a date when the current year's tax assessment is not available, taxes will be prorated on the prior year's tax, as allocated to the Property by Seller, and will be later adjusted by Buyer and Seller based on the exact amount of taxes, with allowance for the maximum applicable discount amount; provided, however, that any request for adjustment and/or re-proration of real estate taxes must be made in writing and delivered by the party requesting the adjustment to the other party within ninety (90) days of the date the notice of the current year's real estate tax assessment is published by the applicable taxing authority. Buyer understands and agrees that if no written request for adjustment or re-proration is made and delivered to Seller within such ninety-day period, any entitlement to adjustment or re-proration of real estate taxes that may exist shall be deemed waived. 7 Buyer Initials L. Certified Special Assessments as of the scheduled Closing Date shall be paid by Seller. Pending Special Assessments assessed by governmental agencies as of the scheduled Closing Date shall be assumed by Buyer. If any such Certified Special Assessments are payable in installments, the installment due in the year of Closing shall be prorated and Buyer shall assume the balance of any such installments. 13. HOMEOWNERS' ASSOCIATION. Buyer aclrnowledges that (i) the Cannery Row Homeowners' Association, Inc., a Florida corporation not-for-profit ("Association") has been established for the purpose of maintaining certain aspects of the Property and the Project. Buyer understands that Seller, due to its present ownership of Lots and properties comprising the Project, currently controls the Association and has the right to appoint officers and directors thereof in accordance with the following documents governing the Property: (i) the Articles of Incorporation of the Association ("Articles"), (ii) the By-Laws of the Association ("By-Laws"), and (iii) the Declaration of Covenants and Restrictions ("Declaration"), all as amended from time to time (the Articles, By-Laws and Declaration are collectively referred to herein as the "Homeowner Documents"). Buyer further aclrnowledges that upon Closing, Buyer shall automatically become a member of the Association and shall be required to comply with all of the terms and provisions of the Homeowner Documents, and Buyer further aclrnowledges that Buyer shall be liable for the payment of any and all regular and special maintenance assessments levied against the Property pursuant to the Declaration, and that Buyer's failure to pay any such assessments may result in penalties. After Closing, and in accordance with the Declaration, Buyer shall be responsible for the maintenance of the Property. In the event Buyer fails to properly maintain the Property in accordance with the Declaration, the Association shall have the right, but not the obligation, to perform such maintenance required of Buyer pursuant to the Declaration, in which event Buyer shall pay all cost incurred by the Association, including all collection costs. The Association shall have the right to assess the Property for all maintenance costs incurred by the Association. Buyer aclrnowledges receipt of the proposed Homeowner Documents, which Buyer agrees to adhere to and be bound by the terms thereof, and any future changes provided that Buyer has consented to such changes as provided in the Homeowners Association documents. The provisions of this Section 13 shall survive the Closing. 14. HOMEOWNER ASSOCIATION FEES. Buyer understands that any estimated operating budget provided to Buyer (the "Budget") provides only an estimate of what it will cost to run the Association during the period of time stated in the Budget. The Budget is not guaranteed to be an accurate prediction of the expenditures required of the Association, and, as such, are subject to change at any time and from time to time to reflect actual and projected expenditures or changes in assumptions. These changes may occur before or after Closing, but will not affect any of Buyer's obligations under this Agreement or the Homeowner Documents, except as to resulting changes in closing prorations. Buyer recognizes and agrees that Buyer's assessments may include expenses attributable to Common Property which are not complete. or usable by Buyer at any given time. The provisions of this Section 14 shall survive the Closing. 15. ADJUSTMENTS WITH THE ASSOCIATION. Buyer aclrnowledges that Seller may advance money to the Association, or on behalf of the Association, to pay for certain Association expenses, including, without limitation, insurance premiums, Common Property maintenance and repairs, utility charges and deposits, permit and license fees, charges for service and maintenance contracts, salaries of Association employees, and other similar expenses. Seller is entitled to be reimbursed by the Association to the fullest extent permitted by law for all such sums advanced or paid by Seller on behalf of the Association. 16. DEFAULT. If Buyer fails, refuses or neglects to perform Buyer's obligations under this Agreement, Buyer shall be deemed in "default". If Buyer remains in default thirty (30) days after Seller sends notice of any such default, Seller Buyer Initials shall be entitled to the remedies provided herein. Seller has agreed to construct the Community Facility in connection with obtaining certain development approvals from the City of Delray Beach for the Project. In that regard, Seller would not construct the Community Facility except for the requirement by the City of Delray Beach to do so in order to grant Seller the required development approvals for the Project. Buyer and Seller agree that as inclusion of the Community Facility in the Project as a condition of receiving development approvals for the Project, it would have no value to Seller in the event Buyer does not close on the purchase of the Community Facility, as such event may jeopardize the underlying approvals for the Project. In the event Buyer's default is failing to close on the scheduled Closing Date, then Seller may seek specific performance to compel it to close on the purchase and sale contemplated by this Agreement. If Seller fails, refuses or neglects to perform Seller's obligations under this Agreement, Seller shall be deemed in "default." If Seller defaults under this Agreement, Buyer shall give Seller written notice specifying any such default. If Seller has not cured the default within ten (10) days following Seller's receipt of Buyer's default notice, or, where the nature of the specified default cannot reasonably be cured within such ten-day period, Seller has not commenced a course of action and thereafter diligently pursued such course of action as reasonably required to promptly cure such default within ninety (90) days, Buyer may either (1) receive a refund of all monies paid by Buyer under this Agreement or (2) seek specific performance, without thereby waiving an action to recover Buyer's actual and direct damages (out-of-pocket amounts actually paid by Buyer to third parties). Acceptance of a special warranty deed at Closing shall be Buyer's acknowledgment of full performance by Seller of all of its agreements, duties and obligations under this Agreement and no agreement, duty or obligation of Seller shall survive the Closing except the obligation of Seller to complete the Punch List, the Limited Warranty provided in Section 19 below, and the warranties contained in the special warranty deed. The provisions of this Section 16 will survive Closing. 17. Deleted. 18. ONGOING ACTIVITIES. Buyer understands that as long as Seller owns property within the Project, it may retain offices and model homes within the Project (including on or within Common Property, and any improvements thereon). Seller's sales representatives may show homes, erect advertising signs and conduct any and all activities whatsoever as is necessary and appropriate for the sales, leasing or management of the Project. In addition to the foregoing, Seller, and its affiliates, assignees, contractors, subcontractors, licensees and designees may conduct such construction, marketing and other activities in or around the Project as are deemed necessary or appropriate in the sole discretion of Seller or the party conducting such activities on Seller's behalf, or with Seller's consent .Without limiting the generality of the foregoing, and as a material inducement to Seller to enter into this Agreement, Buyer acknowledges and agrees that SELLER AND/OR OTHER PARTIES MAY BE CONDUCTING CONSTRUCTION, SALES, LEASING, AND OTHER ACTIVITIES WITHIN OR AROUND THE PROPERTY AND THE PROJECT, BOTH BEFORE AND AFTER The CLOSING. BUYER RECOGNIZES THE RIGHTS OF SELLER, OR OTHERS PERMITTED BY SELLER, TO CONDUCT SUCH ACTIVITIES AND HEREBY AGREES NOT TO: (i) DEEM ANY OF THESE ACTIVITIES TO BE NUISANCES OR NOXIOUS OR OFFENSIVE ACTIVITIES, (ii) ENTER, OR ALLOW ANY OTHERS UNDER BUYER'S CONTROL TO ENTER, ANY AREAS WHERE SUCH ACTIVITIES ARE BEING CONDUCTED (EVEN WHEN THEY HAVE TEMPORARILY CEASED, SUCH AS DURING NON- WORKING HOURS), OR (iii) INTERFERE WITH, RESTRICT OR IMPEDE THE WORK OF SELLER OR OTHERS WITHIN THE PROJECT, AND BUYER HEREBY GRANTS SELLER ACCESS TO THE LOT AND ALL PORTIONS THEREOF, SUBSEQUENT TO CLOSING IN ORDER TO COMPLETE ANY WORK WITHIN THE PROJECT. 19. SELLER'S LIlVIITED WARRANTY, DISCLAIMEER OF IlIZPLIED WARRANTIES .Seller agrees to repair, at Seller's expense, for a period of one (1) year from Closing, all materials that may prove to be defective within 9 Buyer Initials one (1) year from the Closing Date ("Limited Warranty"). It is expressly understood that this obligation shall be void if the need for such repairs arises from an act or failure to act by Buyer or Buyer's agents, servants, lessees, employees, or invitees, or if such need arises by virtue of an act of God, or if Buyer shall have attempted to repair same without first giving Seller thirty (30) days prior written notice thereof. This Limited Warranty shall be the only warranty that Seller shall make or be obligated to make regarding the Property or Project. BUYER UNDERSTANDS THAT THE ABOVE-DESCRIBED LIMITED WARRANTY TO BE DELIVERED TO BUYER AT CLOSING IS THE ONLY WARRANTY MADE BY SELLER WITH REGARD TO THE PROPERTY OR THE PROJECT, AND, TO THE 14ZAx:IMUM LAWFUL EXTENT AND UNLESS CLEARLY AND ABSOLUTELY PROHIBITED BY LAW, ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND HABITABILITY, ANY WARRANTIES IMPOSED BY STATUTE, AND ALL OTHER EXPRESS AND/OR 1MPLIED WARRANTIES OF ANY KIND OR CHARACTER ARE SPECIFICALLY DISCLAII~~D, AND SELLER HAS NOT GIVEN AND BUYER HAS NOT RELIED ON OR BARGAINED FOR ANY SUCH WARRANTIES. AS TO ANY IMPLIED WARRANTY THAT CANNOT BE DISCLAIlVIED ENTIRELY, ALL SECONDARY, INCIDENTAL AND CONSEQUENTIAL DAMAGES ARE SPECIFICALLY EXCLUDED, WAIVED AND DISCLAIMED (CLAIMS FOR SUCH SECONDARY, INCIDENTAL AND CONSEQUENTIAL DAMAGES BEING CLEARLY UNAVAILABLE IN THE CASE OF IMPLIED WARRANTIES WffiCH ARE DISCLAIMED ENTIRELY ABOVE). BUYER UNDERSTANDS AND HEREBY AGREES TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY. Without limiting the generality of the foregoing, if, but only if, Seller is prohibited from disclaiming entirely certain implied warranties by reason of the provisions of the "Magnuson-Moss Warranty Act" (15 U.S.C. §§2301- 2312) (the "Warranty Act"), if applicable, Seller HEREBY LIl1'IITS THOSE IlVIPLIED WARRANTIES, IF ANY, AS FOLLOWS: (i) IN SCOPE TO THOSE, IF ANY, GIVEN ON "CONSUMER PRODUCTS," IF ANY, AS DEFINED IN THE WARRANTY ACT, IF APPLICABLE) WHICH ARE ACTUALLY COVERED BY THE LIlVIITED WARRANTY, AND (ii) IN DURATION TO THE ONE YEAR PERIOD OF SELLER'S LIlVIITED WARRANTY, AND ALL THOSE IlVIPLIED WARRANTIES, IF ANY, ARE HEREBY DISCLAIlVIED ABSOLUTELY THEREAFTER. Buyer understands and agrees that Seller is authorized to utilize a 3`~ party warranty management service in connection with the administration of any warranty provided to Buyer for the Community Facility, and that Buyer agrees to execute any registration forms or agreements in connection with such warranty administration. Seller will deliver to Buyer, at Closing, any and all manufacturers' warranties, which will be passed through to Buyer at Closing, none of which manufacturers' warranties are expressly warranted in any way by Seller. The provisions of this Section 19 will survive Closing. 21. NOTICES. Unless this Agreement states other methods of giving notices, whenever either party is required or desires to give notice to the other party, the notice must be in writing and sent either: (i) by first class mail, postage prepaid (unless sent outside of the United States, in which event written notices to Buyer may be sent by regular air mail); (ii) by facsimile transmission or electronic mail if Buyer has indicated a facsimile number or electronic mail address on Page 1 of this Agreement; or (iii) by a national overnight courier service, to the address for Buyer set forth on Page 1 of the Agreement. A change of address notice is effective when it is received. All other written notices are effective on the day they are properly mailed, transnutted, or delivered, as the case may be, whether or not received (and all permitted non-written notices to Buyer are effective on the date given by Seller) unless receipt is required as specifically set forth in portions of this Agreement. 22. TRANSFER OR ASSIGNMENT. Buyer may transfer or assign Buyer's interest in this Agreement to the Delray Beach Community Redevelopment Agency or the Delray Beach Community Land Trust, Inc. without the approval of Seller, if Buyer wishes to assign this Agreement to another entity it must first obtain consent 10 Buyer Initials of Seller, which shall not be unreasonably withheld. Seller may assign or transfer freely all of its rights and obligations under this Agreement. 23. Deleted. 24. FLORIDA LAW; SEVERABILITY. This Agreement shall be governed by, and construed and enforced in accordance with the laws of the State of Florida, and any disputes in connection with this Agreement will be settled according to Florida law. If any part of this Agreement violates a provision of Florida or federal law, such law will control. In such case, however, the remainder of the Agreement (not in violation) will remain in force and effect. Without limiting the generality of the foregoing, it is Buyer's and Seller's mutual desire and intention that all provisions of this Agreement be given full effect and be enforceable strictly in accordance with their terms. If, however, any part of this Agreement is not enforceable in accordance with its terms or would render other parts of this Agreement or this Agreement, in its entirety, unenforceable, the unenforceable part or parts are to be judicially modified, if at all possible, to come as close as possible to the expressed intent of such part or parts (and still be enforceable without jeopardy to other parts of this Agreement, or this Agreement in its entirety), and then are to be enforced as so modified. If the unenforceable part or parts cannot be so modified, such part or parts will be stricken and considered null and void, and the remainder of this Agreement shall continue in full force and effect, in order that the mutual paramount goal (that this Agreement is to be enforced to the maximum extent possible strictly in accordance with its terms) can be achieved. Without limiting the generality of the foregoing, if the mere inclusion in this Agreement of terms granting to Seller certain rights and powers, or waiving or limiting any of Buyers rights or powers or Seller's obligations {which otherwise would be applicable in the absence of such terms), results in a final conclusion (after giving effect to the above judicial modification, if possible) that Buyer has the right to cancel this Agreement and receive a refund of Buyer's Deposit, such offending rights, powers, limitations and/or waivers shall be stricken, cancelled, rendered unenforceable, ineffective and null and void. Under no circumstances shall either Buyer or Seller have the right to cancel this Agreement solely by reason of the inclusion of certain language in this Agreement (other than language which is intended specifically to create such a cancellation right). THE FOLLOWING SENTENCE WILL SUPERSEDE AND TAKE PRECEDENCE OVER ANYTHING IN THIS AGREEMENT THAT IS IN CONFLICT WITH TT: IF ANY PROVISIONS SERVE TO LINIIT OR QUALIFY SELLER'S SUBSTANTIAL COMPLETION OBLIGATION HEREIN, AND SUCH LINIITATIONS OR QUALIFICATIONS ARE NOT PERMITTED IF THE EXEMPTION OF THIS SALE FROM THE INTERSTATE LAND SALES FULL DISCLOSURE ACT PURSUANT TO 15 U.S.C. § 1702(a)(2) IS TO APPLY OR TffiS AGREEMENT IS TO OTHERWISE BE FULLY ENFORCEABLE, THEN ALL THOSE PROVISIONS ARE HEREBY STRICKEN AND MADE NULL AND VOID AS IF NEVER A PART OF TffiS AGREEMENT. FOR PURPOSES OF TffiS PARAGRAPH ONLY, THE WORDS "TffiS AGREEMENT" INCLUDE IN THEIR MEANING THE HOMEOWNER DOCUMENTS. 25. TIME OF THE ESSENCE. The performance of all obligations on the precise times stated in this Agreement is of absolute importance, and failure to perform any such obligations on time is an event of default, time being of the essence with respect to each provision of this Agreement which requires performance by Buyer within a specified time period or upon a specified date. If the deadline for the performance of any obligation under this Agreement, or the expiration of any time period under this Agreement, falls on a Saturday, Sunday or legal holiday, then the applicable time period shall be extended to the next succeeding business day. 26. ENTIRE AGREEMENT. This Agreement constitutes the entire understanding between the parties, and may not be amended except by written agreement executed by all parties hereto. Any current or prior agreements, 11 Buyer Initials understandings, verbal and visual representations and statements, including, without limitation, artist's rendering, sales and advertising materials, or oral statements and representations of Seller's sales representatives, if not expressed in this Agreement or in the Homeowner Documents, are hereby merged into the terms of this Agreement and are void and have no effect, and Buyer aclrnowledges that Buyer has not relied on any such information or materials. 27. LITIGATION. The venue of any litigation or other dispute resolution arising out of this Agreement shall be Palm Beach County, Florida. This provision shall survive the Closing or earlier termination hereof. 28. Deleted 29. SURVIVAL. The provisions and disclaimers in this Agreement which are expressly set forth herein to have effect after Closing (but only those provisions and disclaimers) will continue to be effective after Closing and delivery of the deed. All other provisions of the Agreement shall be deemed performed or waived at Closing, and shall be merged into the deed. 30. INCORPORATION BY REFERENCE. Every exhibit, schedule, modification, rider, and other addendum and appendix attached to this Agreement or referred to herein is hereby incorporated in this Agreement. 31. Deleted. 32. Deleted. 33. RIGHTS AND REMEDIES CUMULATIVE. The rights and remedies provided by this Agreement are cumulative and the use of any one right or remedy by any party shall not preclude or waive its right to use any or all other remedies. Said rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance or otherwise. 34. CONSTRUCTION. Every covenant, term, provision of this Agreement shall be construed simply according to its fair meaning, and shall not be more strictly construed against any one of the parties hereto. Further, notwithstanding the fact that the form of this Agreement has been drafted, initially, by Seller, all parties to this Agreement have participated fully in the negotiation and preparation hereof, and as this Agreement has been fully negotiated between the parties hereto, the principle of contract interpretation which would result in any ambiguity being construed against the draftsman shall not, and is not intended, to apply. In construing this Agreement, the singular shall be held to include the plural, the plural shall be held to include the singular, and the use of any gender shall be held to include every other gender. The titles and captions contained herein are for convenience only and shall not be deemed a part of the context of this Agreement. 35. NEGOTIATIONS. Buyer aclrnowledges that the negotiation of this Agreement and all discussions with Seller and its agents regarding the sale of the Property were conducted in the English language. Buyer also aclmowledges that (a) Buyer has had ample opportunity to inspect the documents provided to Buyer pursuant to this Agreement, and pursuant to any request of Buyer, and (b) that although Seller's sales agents are not authorized to change the form of this Agreement, they have strict instructions from Seller to communicate any of Buyer's requests for changes to this Agreement to Seller's management, which has given Buyer the opportunity to discuss and negotiate any such changes to the Agreement. In light of the foregoing, Buyer's decision to sign this Agreement now is totally free and voluntary and Buyer aclrnowledges and accepts all of the provisions of the Agreement and the Homeowner Documents as fair, reasonable, negotiated, discussed and explained to Buyer's complete satisfaction. 12 Buyer Initials 36. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed an original, and shall be binding upon the party or parties who executed same, but all of such counterparts shall constitute one and the same Agreement. 37. EFFECTIVE DATE. The effective date ("Effective Date") of this Agreement shall be the date stated on Page 1 of this Agreement, and shall be the date from which all time periods under this Agreement are computed. 38. Deleted 39. OTHER STATUTORY DISCLOSURES. A. Chapter 558 Notice of Claim. CHAPTER 558, FLORIDA STATUTES CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY BRING ANY LEGAL ACTION FOR AN ALLEGED CONSTRUCTION DEFECT IN YOUR COMMUNITY FACILITY. SIXTY DAYS BEFORE YOU BRING ANY LEGAL ACTION, YOU MUST DELIVER TO THE OTHER PARTY TO THIS CONTRACT A WRITTEN NOTICE REFERRING TO CHAPTER 558 OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE SUCH PERSON THE OPPORTUNITY TO INSPECT THE ALLEGED CONSTRUCTION DEFECTS AND TO CONSIDER MAKING AN OFFER TO REPAIR OR PAY FOR THE ALLEGED CONSTRUCTION DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER WffiCH MAY BE MADE. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER TffiS FLORIDA LAW WHICH MUST BE MET AND FOLLOWED TO PROTECT YOUR INTERESTS. B. Florida Homeowners' Construction Recovery Fund. FLORIDA HOMEOWNERS' CONSTRUCTION RECOVERY FUND: PAYMENT MAY BE AVAILABLE FROM THE FLORIDA HOMEOWNERS' CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A CLAIM, CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD AT THE FOLLOWING TELEPHONE NUMBER AND ADDRESS: FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD 1940 NORTH MONROE STREET TALLAHASSEE, FLORIDA 32399-1039 (850) 487-1395. C. Real Estate Taxes. BUYERS SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIGATED TO PAY IN THE YEARS SUBSEQUENT TO PURCHASE. A CHANGE IN OWNERSHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN ffiGHER PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATION. D. Homeowner's Association Disclosure Summary. ATTACHED HERETO AS EXHIBIT "D" IS A HOMEOWNER ASSOCIATION DISCLOSURE SUMMARY REQUHtED BY SECTION 720.401, FLORIDA STATUTES WHICH IS HEREBY INCORPORATED IN AND MADE A PART OF Tffi5 AGREEMENT. IF THE DISCLOSURE SUMMARY REQUIRED BY SECTION 720.401, FLORIDA STATUTES, HAS NOT BEEN PROVIDED TO THE PROSPECTIVE PURCHASER BEFORE EXECUTING THIS CONTRACT FOR SALE, 13 Buyer Initials THIS CONTRACT IS VOIDABLE BY BUYER BY DELIVERING TO SELLER OR SELLER'S AGENT OR REPRESENTATIVE WRITTEN NOTICE OF THE BUYER'S INTENTION TO CANCEL WITHIN 3 DAYS AFTER RECEIPT OF THE DISCLOSURE SUMMARY OR PRIOR TO CLOSING, WHICHEVER OCCURS FIRST. ANY PURPORTED WAIVER OF THIS VOIDABILITY RIGHT HAS NO EFFECT. BUYER'S RIGHT TO VOID THIS CONTRACT SHALL TERMINATE AT CLOSING. E. Insulation Disclosure. Seller has disclosed to Buyer, as required by the applicable rules of the Federal Trade Commission that the type, thickness, R-value and location of the insulation Seller intends to install in the Community Facility, are as follows: None, as no insulation shall be installed by Seller. Buyer understands that the above information is based solely on the information provided by the manufacturers of such insulation products, and Buyer agrees that Seller is not responsible for any manufacturers' errors or discrepancies. All of the foregoing information is subject to Seller's rights, under this Agreement to make changes in the Construction Specifications, and to any applicable limitations of Seller's liability to Buyer. Pursuant to F.S., Chapter 553.996, Buyer acknowledges receipt of the Energy-Efficiency Standards published by the Florida Dept. of Community Affairs, which among other things, notifies Buyer of the option of obtaining, at Buyer's expense, an energy-efficiency rating on the Community Facility. F. Radon Gas. Seller does not conduct radon testing with respect to the Property, and specifically disclaims any and all representations or warranties as to the absence of radon gas or radon producing conditions in connection with the Property. THE FOLLOWING PARAGRAPH IS PROVIDED FOR INFORMATIONAL PURPOSES PURSUANT TO FLORIDA STATUTES 404.056(8): RADON GAS I5 A NATURALLY OCCURRING RADIOACTIVE GAS THAT, WHEN IT HAS ACCUMULATED IN A BUILDING IN SUFFICIENT QUANTITIES, MAY PRESENT HEALTH RISKS TO PERSONS WHO ARE EXPOSED TO IT OVER TIlVIE. LEVELS OF RADON THAT EXCEED FEDERAL AND STATE GUIDELINES HAVE BEEN FOUND IN BUII.DINGS IN FLORIDA. ADDITIONAL INFORMATION REGARDING RADON AND RADON TESTING MAY BE OBTAINED FROM YOUR COUNTY PUBLIC HEALTH DEPARTEMENT. 40. ADDITIONAL DISCLOSURES AND DISCLAIlVIERS. Seller hereby discloses the following information to Buyer which Buyer should carefully evaluate in its decision to purchase the Property: (a) Buyer acknowledges that certain aspects of the Common Property may, in some cases, be unfinished as of the date of Closing, and that Buyer will accept such improvements and facilities in their "AS IS" condition as of the Closing Date. (b) Although the glass and windows in the Community Facility are impact-resistant, according to the manufacturer, Seller makes no representations as to the resistance qualities or capabilities of the glass windows or doors in the case of a major weather event. (c) Buyer acknowledges Seller may obtain FNMA or FHLMC project approval; however, Seller is not required to obtain the approval. (e) Buyer acknowledges that any proposed Association budget provided to Buyer reflects estimated expenses, and, as an estimate, such expenses are subject to change between the time of Buyer's receipt of any proposed Association budget and the time such expenses are to be paid by the Association. 14 Buyer Initials The provisions of this Section 40 will survive Closing. BY SIGNING BELOW, BUYER AND SELLER AGREE TO BE BOUND BY ALL TERMS AND PROVISIONS OF THIS AGREEMENT. ACCORDINGLY, BUYER IS HEREBY ADVISED TO CAREFULLY REVIEW THIS AGREEMENT AND THE HOMEOWNER DOCUMENTS, AND TO CONSULT WITH AN ATTORNEY OF BUYER'S CHOICE. If, after the execution of this Agreement, Buyer or any attorney on Buyer's behalf, informs Seller that Buyer desires or intends to terminate this Agreement, or that Buyer is or may be unable or unwilling to comply with any of the terms of this Agreement, then, at the option of Seller, same will constitute a default by Buyer. IN WITNESS WHEREOF, the parties hereto have sworn to and executed this Agreement as of the date first above written. SELLER: CANNERY ROW LLC, a Florida limited liability company By: Ironwood Development, Inc., a Florida corporation, its Managing Member By: Cary Glickstein, as President BUYER: CITY OF DELRAY BEACH By: Print Name: Attest: Print Name: 15 Buyer Initials EXHIBIT "A" PLAT 16 Buyer Initials EXIT "B" FLOOR PLANS AND ELEVATIONS 17 Buyer Initials EXffiBIT "C" CONSTRUCTION SPECIFICATIONS 18 Buyer Initials EXHIBIT "D" DISCLOSURE SUMMARY FOR CANNERY ROW HOMEOWNERS ASSOCIATION IF THE DISCLOSURE SUMMARY REQUIRED BY CHAPTER 720, FLORIDA STATUTES, HAS NOT BEEN PROVIDED TO THE PROSPECTIVE PURCHASER BEFORE EXECUTING THIS CONTRACT FOR SALE, THIS CONTRACT IS VOIDABLE BY BUYER BY DELIVERING TO SELLER OR SELLER'S AGENT OR REPRESENTATIVE WRITTEN NOTICE OF THE BUYER'S INTENTION TO CANCEL WITHIN 3 DAYS AFTER RECEIPT OF THE DISCLOSURE SUMMARY OR PRIOR TO CLOSING, WHICHEVER OCCURS FIRST. ANY PURPORTED WAIVER OF THIS VOIDABILITY RIGHT HAS NO EFFECT. BUYER'S RIGHT TO VOID THIS CONTRACT SHALL TERMINATE AT CLOSING. BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THIS DISCLOSURE. AS A BUYER OF PROPERTY IN THIS COMMUNITY, YOU WILL BE OBLIGATED TO BE A MEMBER OF A HOMEOWNERS' ASSOCIATION ("ASSOCIATION"). 2. THERE HAVE BEEN OR WILL BE RECORDED RESTRICTIVE COVENANTS ("COVENANTS") GOVERNING THE USE AND OCCUPANCY OF PROPERTIES IN THIS COMMUNITY. 3. YOU WILL BE OBLIGATED TO PAY ASSESSMENTS TO THE ASSOCIATION. 'ASSESSMENTS M.aY BE SUBJECT TO PERIODIC CHANGE. IF APPLICABLE,_ THE CURRENT, AMOUNT IS $330.00 'PER MONTH: YOU WILL ALSO BE OBLIGATED TO .PAY .ANY SPECIAL ASSESSMENTS IMPOSED BY THE ASSOCIATION.'_SUCH;_SPECIAL ASSESSMENTS' MAY_ BE _ SUBJECT TO _CHANGE. IFAPPLICABLE,' THE ____ CURRENT AMOUNT IS $0.00. _ 4. YOU MAY BE OBLIGATED TO PAY SPECIAL ASSESSMENTS TO THE RESPECTIVE MUNICIPALITY, COUNTY, OR SPECIAL DISTRICT. ALL ASSESSMENTS ARE SUBJECT TO PERIODIC CHANGE. 5. YOI7R FAILURE TO PAY SPECIAL' ASSESSMENTS OR ASSESSMENTS'. LEVIED BI' A MANDATORY HOMEOWNERS' ASSOCIATION COULD RESULTIN A LIEN ON YOUR PROPERTY. THERE MAY BE AN OBLIGATION TO PAY RENT OR LAND USE FEES FOR RECREATIONAL OR OTHER COMMONLY USED FACILITIES AS AN OBLIGATION OF MEMBERSHIP IN THE HOMEOWNERS' ASSOCIATION. IF APPLICABLE, THE CURRENT AMOUNT IS $ 0.00. ,.. 7. THE'DEVELOPER MAY HAVE THE RIGHT TO AMEND THE°RESTRICTIVE COVENANTS WITHOUT THE' APPROVAL OF THE ASSOCIATION MEMBERSHIP OR THE APPROVAL OF THE :PARCEL OWNERS':' THE STATEMENTS CONTAINED IN THIS DISCLOSURE FORM ARE ONLY SUMMARY IN NATURE, AND, AS A PROSPECTIVE PURCHASER, YOU SHOULD REFER TO THE COVENANTS AND THE ASSOCIATION GOVERNING DOCUMENTS BEFORE PURCHASING PROPERTY. 9. THESE DOCUMENTS ARE EITHER MATTERS OF PUBLIC RECORD AND CAN BE OBTAINED FROM THE RECORD OFFICE IN THE COUNTY WHERE THE PROPERTY IS LOCATED. OR ARE NOT RECORDED AND CAN BE OBTAINED FROM THE DEVELOPER. BUYER DATE BUYER DATE 19 Buyer Initials Prepared by and Return to: Ironwood Development, Inc. 277 SE 5'h Avenue Delray Beach, Florida 33483 CANNERY ROW DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION OF COVENANTS AND RESTRICTIONS (the "Declaration") is made this day of 200&7, by CANNERY ROW LLC, a Florida limited liability company ("Developer"). WITNESSETH: WHEREAS, Developer is the fee simple owner of certain real property located in Palm Beach County, Florida, which is more particularly described on Exhibit "A" attached hereto and made a part hereof (the "Property"); and WHEREAS, Developer is developing all of the Property as a residential townhome community to be _-_ known as Cannery-Row ("Cannery ~"), which shall inclu~c~herem various Common Property, as hereinafter defined, for the collective use of all Owners of Cannery Row, and which shall consist of the Property now submitted to this Declaration; and WHEREAS, Developer desires to: (I) provide for the preservation of the values, amenities and improvements of the Property as are hereby or as may be hereafter established; (ii) to provide for the maintenance, repair, replacement and administration of the Property; and (iii} to establish the rights, duties and obligations of Owners relative to the use of the Property and the payment of their respective shares of the cost of maintenance, repair, replacement and administration of the Property; and WHEREAS, Developer has caused Cannery Row Homeowners' Association, Inc., a Florida corporation not-for-profit (the "Association"), to be incorporated under the laws of the State of Florida for the purpose of performing those functions hereinabove set forth, which Association has joined in this Declaration and to which there has been and will be delegated and assigned certain powers and duties of ownership, operation, administration, maintenance and repair of the Property, the enforcement of the covenants and restrictions hereinafter set forth„ and the collection and disbursement of Operating Expenses, as hereinafter defined. WHEREAS, Developer desires to commit the Property to the terms and provisions of this Decaration, and Developer shall convey all Common Property, Lots and Residences, as defined herein, subject to the terms and provisions of this Declaration. NOW, THEREFORE, in consideration of the premises and covenants contained herein, Developer hereby declares that the Property shall be owned, held, used, transferred, sold, conveyed, demised and occupied subject to the covenants, restrictions, easements, reservations, regulations, conditions, burdens and liens set forth herein, all of which are for the purpose of enhancing and protecting the value, desirability, and attractiveness of the Property. These covenants, restrictions, easements, reservations, regulations, conditions, burdens and liens shall run with the Property, and shall be binding on all parties having or acquiring any right, title, interest in the Property or any portion thereof, and shall inure to the benefit of each Owner thereof. ARTICLE I DEFINITIONS The following words and phrases when used in this Declaration (unless the context should clearly reflect another meaning) shall have the following meanings: 1. "Property" shall mean all of that certain real property described on Exhibit "A" attached hereto and made apart hereof. 2. "Cannery Row" shall mean the eighty-three (83) single-family townhome community, Community Facility, as defined herein, and related Common Property, as defined herein, known as "Cannery Row" to be constructed upon the Property. 3. "Owners" shall mean all record owners, collectively, whether one or more persons or entities, of fee simple title to any Lot that is a part of the Property. 4. "Plat" shall mean the instrument entitled CANNERY ROW, according to the Plat thereof, as recorded in Plat Book , at Page , of the Public Records of Palm Beach County, Florida.. 5. "Lot" shall mean a portion of the Property upon which a "Residence" is permitted to be erected or has been erected, and as shown on the recorded Plat, and shall specifically exclude Common Property. --~~6: "Residence" shall mean any resid~ial side-family dwelling unifloca e~1c within a~Lot witfiin the Property. 7. "Common Property" shall mean all portions of the Property other than Lots and Residences. 8. "Residential Property" shall mean all portions of the Property designated as such in this Declaration, and, collectively, are all those portions of the Property upon which Residences may be constructed. 9. "Developer" shall mean Cannery Row LLC, a Florida limited liabilitycompany, its successors and assigns. 10. "Association" shall mean Cannery Row Homeowners' Association, Inc., a Florida corporation not-for-profit. 11. "Articles" shall mean the Articles of Incorporation of the Cannery Row Homeowner's Association, Inc., all exhibits which are attached thereto and made a part thereof, and shall include such amendments, if any, as may be adopted from time to time pursuant to the terms thereof. The Articles are attached as Exhibit "B" hereto and made a part hereof. 12. "By-Laws" shall mean the By-Laws of the Cannery Row Homeowner's Association, Inc., all exhibits which are attached thereto and made a part thereof, and shall include such amendments, if any, as may be adopted from time to time pursuant to the terms thereof. The By-Laws are attached as Exhibit "C" hereto and made a part hereof. 13. "Directors" or "Board" shall mean the Board of Directors of the Association. 14. "Declaration" shall mean this instrument and any and all supplements or amendments hereto. 15. "Cannery Row Documents" shall mean in the aggregate the Plat, Declaration, Articles, By- laws, and all of the instruments and documents referred to therein or referred to herein. 16. "Members" shall mean all Owners, collectively, who are Members of the Association as provided herein. 17. "Operating Expenses" shall mean the expenses for which Owners are liable to the Association as described in this Declaration, and in any other of Cannery Row Documents, and includes, without limitation, the costs and expenses incurred by the Association in administering, operating, maintaining, repairing and replacing the Common Property, and all improvements thereon and thereto, and those elements of the Lots and Residences which are to be maintained, repaired, and replaced bythe Association as provided in this Declaration. 18. "Lenders" shall mean: (I) any lending institution having a first mortgage lien upon a Lot, including any Savings and Loan Association, Bank, Real Estate Investment Trust, or Mortgage Banking Company doing business in the State of Florida; (ii) the Federal National Mortgage Association, Government National Mortgage Association, Federal Home Loan Mortgage Corporation and such other secondary mortgage market institutions which have acquired a first mortgage lien upon a Lot; (iii) any and all investing or lending institutions, or the successors and assigns of such lenders, which have loaned money to Developer to acquire or construct improvements upon the Property and which hold a mortgage upon any portion of the Property securing such a loan; and (iv} any entity which acquires title to a Lot at a Clerk's sale following the foreclosure of a mortgage lien in favor of a Lender as herein defined. 19. "City" shall mean the City of Delray Beach, Florida. _ s--- -- oun s a mean a m eac oun on a. 21. "Utilities" shall mean all water, sanitary sewer, drainage, electric, gas, telephone, cable television, and other public or private utility systems, services and facilities serving the Common Property, Lots and Residences. 22. "Community Facility" shall mean the Unit situated on Lot 12 and Lot 12. 23. "Corner Park" shall mean the public park are in the Northeast comer of the Property, as depicted on the Tract "G" on the Plat, which shall be open to the public pursuant to rules promulgated by the City from time-to-time for the Corner Park, which may include the display of public art. 24. "Turnover Date" shall mean the date upon which Developer no longer controls the Association's Board of Directors by virtue of Developer's appointees being Directors, which shall occur upon the earliest of the following events to occur: (I) within ninety (90) days following the date upon which ninety percent (90%) of the Lots in Cannery Row have been conveyed to third party purchasers; (ii) five (5) years following conveyance of the first Lot to a third party purchaser; or (iii) Developer's election to allow Owners to appoint a new Board of Directors which is comprised of Owners other than Developer. ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION The Property shall be owned, held, used, transferred, sold, conveyed, demised and occupied subject to the terms and provisions of this Declaration, and any lawful amendments hereto. ARTICLE III LAND USE CLASSIFICATIONS AND RESTRICTIONS In consideration of the benefits hereinafter contained, Developer does hereby declare that the following provisions shall be applicable to the Property, which shall be sold, transferred, conveyed, demised and occupied subject to the terms of this Declaration, to wit: 1. Residential Property. Residential Property is that portion of the Property upon which Residences maybe constructed and shall be for residential use only. Residential Property consists of Lots 1- 11, inclusive and Lots 13 -83, inclusive, as depicted on the Plat. Except for facilities relating to the construction, development, and sales activities of Developer which are permitted on Residential Property as provided herein, only Residences may be constructed on Residential Property. Commercial or business activities are not permitted on Residential Property except for the construction, development and sale of the Lots and Residences constructed thereon, and except for direct accessory services to the Residential Property such as the provision of Utilities, maintenance and repair of Lots and Residences, and other such services. 2. Common Property. a. Owner's Right of Enioyment. The Common Property shall be for the sole and exclusive use of Residence Owners and Residence Owner's family, guests, invitees and tenants; provided, however, that the Community Facility __ Owner and Community Facility Occupants, as defined herein, shall only have a right and easement for ingress and egress over Common Property. Subject to the provisions of this Declaration, Owners shall have a right and easement of enjoyment in and to the Common Property in common with all other Owners and such rights and easements shall be appurtenant to and pass with the title of every Lot. Such rights and easements shall inure to the benefit of Owners and Owner's family, guests, and tenants, though subject to: (I) The right of the Association to limit the number of guests and tenants of Residence Owners; (ii) The right of the Association, in accordance with its Articles and By-Laws, to borrow money for the purpose of improving the Common Property and the facilities thereon and, in aid thereof, to mortgage said Common Property, and the rights of such mortgagee in the Common Property shall be subordinate to the rights of the Owners hereunder; (iii) The right of the Association to suspend the voting rights of any Owner and to suspend the rights of any Owner to the use of the Common Property for any period during which any Assessment against such Owner's Lot remains unpaid, and for a period not to exceed sixty (60) days for any infraction of the Association's published rules and regulations; (iv) The right of the Association to dedicate or transfer all or any part of the Common Property to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Owners. No such dedication or transfer shall be effective unless an instrument signed by not less than two-thirds (2/3) of all Owners entitled to vote has been recorded, agreeing to such dedication or transfer, and unless written notice of the proposed action is sent to all Owners not less than 30 days nor more than 60 days in advance of the duly called meeting at which the vote on such dedication or transfer is held. Nothing contained herein shall be construed to imply that any Common Property may be dedicated or transferred without complying with the zoning and platting regulations of the governmental authorities having jurisdiction over the Property; (v) The right of Developer or the Association to establish, from time to time, certain easements over the Common Property for purposes of installing, maintaining and repairing Utilities, which easements may benefit property and persons not subject to this Declaration; and (vi) The right of duly authorized employees, contractors and agents of the Association to enter upon the Common Propertyfor proper purposes of the Association, and the right of designated officials of governmental authorities having jurisdiction over the Property to enter upon the Common Property for purposes of enforcing applicable ordinances, rules, and regulations of said governmental authorities, and to correct or eliminate nuisances or violations resulting from the failure of either an Owner or the Association to exercise its maintenance responsibilities. b. Title to Common Property. Developer hereby covenants for itself, its successors and assigns that it will convey to the Association fee simple title to the Common Property on or before the Turnover Date, free and clear of all encumbrances and liens, but subject to the terms and provisions of this Declaration, real estate taxes for the year of such conveyance; all applicable zoning ordinances; and all covenants, easements, restrictions and reservations of record. Except as is provided herein, once the Common Property, or any portion thereof, becomes vested in the Association, such Common Property, or any portion thereof, so vested in the Association and the improvements thereon shall not be abandoned, partitioned, subdivided, alienated, released, transferred, hypothecated, or otherwise encumbered without first obtaining the written approval of all Lenders (as shown by the Public Records of the County); provided, however, that nothing in this Section shall be deemed to prohibit the Association from granting such easements as are reasonably necessary or appropriate for the development and improvement of the Common Property and the use thereof in a manner consistent with the provisions of this Declaration, nor shall the foregoing prohibit the Association from encumbering the Common Property provided such encumbrances are solely to secure loans for improving the Common Property being c. Delegation of Use. Any Residence Owner may delegate, in accordance with this Declaration, a Residence Owner's right of enjoyment to the Common Property and facilities thereon to a Residence Owner's family members, tenants, invitees and guests who reside in such Owner's Residence; provided, however, that the Community Facility Owner and Community Facility Occupants, as defined herein, shall only have a right and easement for ingress and egress over Common Property. d. Guest and Handicap Parkins. Any and all guest and handicap parking spaces maybe used by a Residence Owner's guests, servants, and invitees on anon-exclusive and non-assigned basis. Until such time as the Community Facility is converted to solely residential use, T the Community Facility Owner and Community Facility Occupants are not permitted to use any parking spaces on the Property. If the garage is built with the Community Facility Unit, or if the garage is later added to the Community Facility unit, staff, occupants or licensees of the Community Facility may utilize the garage for parking. No quest parkins for the Community Facility shall be allowed in the garage. e. Mailboxes. A mailbox will be provided for each Residence, and shall be located on the Common Property or on certain Lots according to U.S. Post Office Rules and Regulations. 3. Developer's Reserved Rishts. Notwithstanding any provisions in this Declaration to the contrary, and in recognition of the fact that Developer will have a continuing and substantial interest in the development and administration of the Property, Developer hereby reserves for itself and its successors and assigns the following rights and privileges, and the Association recognizes, agrees to, and acknowledges that Developer and its successors and assigns shall have the following rights and privileges without any cost to Developer and its successors and assigns for such rights and privileges, and that the property rights granted to Owners pursuant to this Declaration shall be subject to: (I) The right of Developer to execute all documents and take such actions and do such acts affecting the Property which, in Developer's sole discretion, are desirable or necessary to facilitate Developer's development of the Property; (ii) Easements of record as of the date hereof and easements which may hereafter be r4 anted by Developer to any public or private Utilities or governmental authorities for the installation, maintenance and repair of Utilities serving the Property or any portion thereof, and any easements hereafter granted by Developer for ingress and egress to and over the Property, whether or not such easements benefit property or persons subject to this Declaration; and (iii) Developer's rights of access, ingress and egress to and through, over and about the Lots and the Common Property during such period of time that Developer is engaged in any construction or improvement work on or within the Property. Developer shall have an easement thereon for the purpose of storage of materials, vehicles, tools, equipment, etc., which are being utilized in connection with such development, improvement or construction. Additionally, Developer's rights hereunder shall include, without limitation, full rights of access, ingress and egress to, over and about the Lots and the Common Property for sales activities in connection with the sale and promotion of the Lots and Residences. Developer is specifically granted the right to maintain a sales office in any Residence owned by Developer. No Owner, or Owner's guests, employees, invitees, or tenants shall in any way interfere or hamper Developer, its agents, employees, contractors, successors or assigns in connection with such development, construction or sales activities. iv In the event the City determines that acquisition or ownership of the Community Facility is not in the City's best interest, Developer reserves the right to convert the Community Facility into an -- -- --additional-Residen~or-other--improv~ent~ which~nay=include-a-comfner~ial~se~ such-as-office-or=retail- - - - ---- uses, either in combination with or without a residential component. Provided, however. nothinca contained herein shall constitute a covenant by the City to approve any such use. For purposes of this Article I I I, Section 2, the term "Developer" shall include any Lender which has loaned money to Developer to acquire or construct improvements upon the Property or its successors and assigns if such Lender or its successors or assigns acquires title to any portion of the Property as the result of the foreclosure of any mortgage encumbering the Property and securing any such loan to Developer, or acquires title thereto by deed in lieu of foreclosure. The rights and privileges of Developer as set forth in Section 2 are in addition to and in no way limit any other rights or privileges of Developer under any other of the Cannery Row Documents, and shall terminate on the Turnover Date or upon such earlier date as Developer shall notify the Association in writing of Developer's voluntary written election to relinquish the aforesaid rights and privileges of use. 4. Rules and Regulations. The administration, management, operation, maintenance and repair of the Common Property and all improvements thereon shall be the responsibility of the Association. The Association, through its Board, shall have the right to promulgate and impose rules and regulations and thereafter to modify, alter, amend, rescind and augment any of the same with respect to the use, operation and enjoyment of the Common Property and any improvements located thereon, including, without limitation, establishing hours and manner of operation and establishing requirements as to dress and decorum. 5. No Dedication to Public Use. Nothing contained in this Declaration shall be deemed to constitute a dedication, express or implied, of any part of the Common Property to or for any public use or purpose whatsoever. 6. Easements. a. Reservation of Easements. Easements for the installation, maintenance, and repair of Utilities are set forth and contained in the recorded Plat, and all such easements shall allow appropriate representatives of all Utility providers access through such easement areas for monitoring and billing purposes, and, in this regard, no Owner shall block the access to the front and rear of any Residence through such easement areas. In addition to the easements set forth in the Plat, Developer expressly reserves easements to Developer and the Association, their successors and assigns, for the installation, maintenance and repair of Utilities and for ingress and egress over the Common Property, and Developer and the Association shall have the right to set forth with more specificity the exact location and placement of any such easements. Easements will be located within the Common Property except that an easement is reserved to Developer and the Association, their successors and assigns, on each Lot for the installation, maintenance and repair of the service connections associated with the Utilities to any Lot or Residence, and except that an easement is reserved within each Lot to Developer, the Association, and Owners of other Lots in the same building, their successors and assigns, for the maintenance, repair and replacement of such Utilities as built by Developer on such Lot and which Utilities serve other Lots in the same building. Any damage to a Residence caused by anyone utilizing any such easement within the Lot, shall be immediately repaired by the person causing the damage. b. Easements are expressly provided for and reserved in favor of Owners, and their guests, invitees and tenants, for ingress and egress over and about the Common Property, and for vehicular and pedestrian traffic over and across such portions of the Common Property as are used for roads within the Property. The rights provided under such easements shall be exercised by the foregoing parties in a manner so as not to interfere with the use and enjoyment of the Common Property by other Owners and Owner's family, guests, invitees, and tenants. Developer and the Association shall have the right to grant similar easements to persons and property not subject to this Declaration. Easements are also reserved in favor of Owners and Owner's guests, invitees and tenants over sidewalks and other areas of the Common Property for ingress and egress to their Lots and Residences. Access easements are also reserved in favor of the . p rp g_ ___ _ __ ___ ---- - --Association-over the-L-ots-and-Common-Propert~Tt~r-emer~eney-P~rpose~and-for- u oses-of-maintainin and repairing property and improvements that are the Association's obligation to maintain and repair. c. Encroachment Easements. Notwithstanding any provision to the contrary herein, in the event that any Residence, as constructed by the Developer, encroaches upon any portion of the Common Property or adjoining Lots, a perpetual easement appurtenant to such Lot shall exist for the continuance of any such encroachment on the Common Property or adjoining Lots. In the event any fence, roof, overhanging roof, or portion of the Residence, as constructed upon any Lot by Developer, encroaches or overlaps upon any other Lot or the Common Property, a perpetual easement appurtenant to the Lot upon which the fence, roof, overhanging roof, or Residence is constructed shall exist for the continuation of any such encroachment or overlapping upon the adjoining Common Property or Lots. 7. Community Facility. The Community Facility shall be operated pursuant to rules promulgated by the City and pursuant to rules promulgated by the Association. In that regard, the City and Developer recognize that the Community Facility is part of a residential community, and shall be sensitive the needs and desires of the Owners without undermining the intended purposes of the Community Facility. As of the effective date of this Declaration, the City and Developer do not know how the Community Facility will be used other than it may w+ll be a public facility: Accordingly, it is contemplated that the Community Facility may will be used for a combination of uses_ ; .The parties understand and agree that as the City moves forward in developing a plan for the utilization of the Community Facility and becomes aware of the nature of the intended use and the party(ies) who may be utilizing the Community Facility, the following rules may need to be amended. The Developer agrees to cooperate in good faith with the City in amending the rules to allow for the City's intended use of the Community Facility while remaining sensitive to the surrounding residential use. While the architecture of the Community Facility will be similar to the Residences, there will be differences due to the public nature of the facility. In the event the City determines that ownership of the Community Facility is not in the City's best interest, the City reserves the right to convert the Community Facility into an additional Residence or other improvement as allowed by applicable zoning regulations. a. Rules for the Community Facility. Except for the front entry door(s) fronting Pineapple Grove Way, and any emergency exists, no occupant, patron, employee, tenant, licensee, guest of the Community Facility (collectively referred to herein as °Community Facility Occupants")shall have access to or through the rear or side of the Community Facility, except for refuse collection at the rear of the Community Facility, which shall be stowed in similar containers as the Residences within the Community Facility until normal refuse collection days, at which time all refuse and recycling containers shall be promptly stowed inside the Community Facility, and except for periodic deliveries that cannot be otherwise accommodated through the front entrance, whereby such deliveries shall only be permitted between the hours of 9:00 and 5:00, Monday through Friday. Further, future access through the rear may be applicable pursuant to Article III, Section 2.d. There shall be no exterior dumpster of any kind. There shall be no permanent food or beverage services offered. All parking for the Community Facility shall be off the Project property, such that there shall be no parking by any Community Facility Occupants on or within the Property, subiect to the terms of Article III, Section 2.d. Community Facility Occupants shall have no access to any recreational amenities located on or within the Property; provided, however, that should the Community Facility be converted to solely residential use, upon adjustment of the Community Facility's share of common expenses to include costs for the recreational amenities located on or within the Property. Community Facility Occupants shall have access to any recreational amenities located on or within the Property. Hours of operation shall be similar to normal business hours such that operations shall not start prior to 8:00 am and shall cease entirely by 10:00 >~99 pm (Monday through Thursday); 8:00 am - 12:00 am X8:99-pr~+--(Friday and Saturday); day}; and 12:00 pm -6:00 4:89 pm (Sunday)- , . The hours of operation set forth herein shall apply to any use of the Community Facility or the unit on Lot 12 unless solely residential. The Community Facility Occupants shall abide by all rules and regulations stated in Article IV of this Declaration to the extent same relates to such a community facility, including, without limitation prohibitions against anything that would be a nuisance to Owners. The City shall provide the Association with proof of general liability insurance in an amount reasonably acceptable=to-tfie-Asst~ciation=and/or-itsinsurer-.--The=Association=sFiali-mot=promutgate~t~les~Fra~ -- restrictthe use and occupancy of the Community Facility such that it cannot operate under the spirit of why the facility is there - to serve the art community with a public facility that can be used and enjoyed by many, but that will not otherwise undermine the quiet enjoyment of private property by all Owners. ARTICLE IV RULES AND REGULATIONS GOVERNING THE USE OF THE PROPERTY In order to preserve the values of, and the amenities and improvements on, the Lots, Residences, Common Property, and the Property comprising Cannery Row, the following rules and regulations hereinafter enumerated, and as amended from time to time, (collectively referred to herein as "Rules and Regulations") shall govern the use of the Property and shall be deemed in effect until amended as provided in Cannery Row Documents. The Rules and Regulations shall apply to, be binding upon, and shall, at all times, be obeyed by all Owners. Further, all Owners shall cause their families, guests, invitees, servants, lessees, and persons for whom Owners are responsible and persons over whom Owners exercises control and supervision to obey the Rules and Regulations. Violation of the Rules and Regulations may subject the violator to any and all remedies available to the Association and other Owners pursuant to Cannery Row Documents and Florida law. Violations may be remedied by the Association by injunction and/or by pursuing any other rights or remedies available to the Association to recover damages against any person violating the Rules and Regulations or this Declaration, and the Association shall be entitled to recover all costs and expenses incurred in undertaking such remedial action, including, without limitation, reasonable attorneys' fees and court costs. The Board may, from time to time, adopt new Rules and Regulations or amend or repeal previously adopted Rules and Regulations. Any waivers, consents or approvals given under the Rules and Regulations by the Board shall be revocable at any time, and shall not be construed as or deemed a waiver, consent or approval for any other purpose other than that which is identified at the time of the giving of such waiver, consent or approval. The Rules and Regulations are as follows: 1. Alterations; Exterior Appearance: Structural Modifications. No alterations, changes, modifications, additions or improvements of any kind shall be made to the exterior of any Residence, Community Facility, or upon any Lot or Common Property without the express written consent of the Board pursuant to Article V herein. Any consent of the Board to any improvement to be made in or on the exterior of any Residence, or to anything to be placed thereon, may be withheld purely on aesthetic grounds, in the sole discretion of the Board. No structural modifications, alterations, or additions of any kind shall be made to a Residence without the prior written consent of the Board. 2. Air Conditioning. No air conditioning equipment, other than equipment similar to that originally installed on the Lots and in the Residences by Developer is permitted, including, without limitation, wall or window air conditioning units, without the prior written consent of the Board. 3. Antennae. Solar Panels. Satellite Dishes. No antennas, solar panels, or satellite dishes, or the wiring for same may be placed or installed on the exterior of any Residence without the prior written consent of the Board. 4. Business Activities. Except for the Community Facility, and except for home offices uses permitted by the City, and uses within the Community facility, no industry, business, trade, occupation or profession of any kind shall be conducted, maintained or permitted upon any Lot or in any Residence, except for development and sales activities conducted by Developer. 5. Casualty Destruction to Improvements. In the event a Residence, Community Facility, or other improvement upon a Lot is damaged or destroyed by casualty, hazard or other loss, and the repair, replacement or reconstruction thereof is not the responsibility of the Association as provided herein, then, within a reasonable period of time after such incident, the Owner thereof shall commence to rebuild or repair the damaged Residence or improvements in compliance with applicable determinations of the Board, and shall diligently continue such rebuilding or repairing activities to completion. 6. Children. Each Owner shall be solely responsible for the actions of, damage caused by, and injuries sustained by, any Owner's children or the children of any of Owner's guests, invitees, tenants or servants, while on the Property, including the recreational amenities within the Property. Children under twelve (12) years of age shall not be allowed in the swimming pool area unless accompanied by an adult. 7. Cleanliness; No Unsightly Uses. Owner's are responsible for maintaining their Lots and Residences in a clean and orderly manner, and in a manner which would not be offensive to any other Owner. No portion of any Lot or Residence shall be used as a drying or hanging area for laundry, garments, rugs, or articles of any kind. 8. Complaints. All complaints by Owners shall be made in writing and delivered to the party designated for such purpose by the Board or to a member of the Board. 9. Commercial Vehicles; Boats; Trailers. No commercial vehicle, recreation vehicle, van (except for family mini-vans and sport utility vehicles constructed as private passenger vehicles), boat, trailer, pick-up truck, vehicle with commercial equipment or lettering in or upon the vehicle, or unsightlyvehicle of any kind shall park or be parked on the Property at any time, except that service vehicles may be temporarily parked on the Property only in connection with providing services to Developer, the Association or to Owners. 10. Conduct. No person shall engage in loud and boisterous or other disorderly, profane, indecent or unlawful conduct on any portion of the Property, including, without limitation, inside the Residence or on any Lot or Common Property. 11. Damaged Property. The cost of repairing damage to any propertywhich is the AssociaYwn's obligation to maintain, which is caused by an Owner or Owner's guests, tenants, invitees, or servants, including, without limitation, the Common Property, Residence driveways, landscaping, sprinkler systems, exterior walls and fences, and exterior lighting, shall be the sole responsibility of such Owner, and, in the event such Owner does not repair such damaged property in a timely manner, the Association may undertake such repairs, and, in such event, the Association may pursue all rights and remedies permitted under this Declaration and Florida law to recover all expenses associated therewith, including, without limitation, attorney's fees and costs and collection costs. 12. Deliveries. The Association shall not be responsible for the theft, conversion, disappearance, loss or damage of any item received from or for an Owner, or Owner's family, guests or tenants, even though such theft, conversion, disappearance, loss or damage may occur through the negligence or willful act of employees of the Association or of Developer, and all parties delivering items to such employees and all parties intended to be the recipient of such items so delivered, hereby assume all risks of theft, conversion, disappearance, loss or damage of and to such items. 13. Developer's and Management Employees and Contractors. No Owner or Owner's family, guests, tenants or servants shall give orders or instructions to employees, contractors or agents of Developer or the Association, but rather such desires shall be expressed to the party designated for this purpose by the Board. 14. Flammable Materials. No flammable, combustible or explosive fluid, chemical, substance or material shall be kept on any portion of the Property, including, without limitation, in any Residence or upon any Lot or Common Property. Provided, however, that materials commonly used in the creation of art (e.g. paints solvents etc.) may be kept in the Community Facility so long as the Community Facility is owned by the City of Delray Beach an agency of the City of Delray Beach. the Delray Beach Community Land Trust or a not-for-profit orctanization. 15. Fences and Walls. No Owner shall relocate, heighten, lower or otherwise move or change any fence or wall on the Property without the prior written consent of the Board. 16. Firearms. No guns shall be permitted to be discharged on any portion of the Property, except -"- "-" - - -_ - ~ssi'night=b~p~rmitt~d~~th~ o~f ar~e~erger~cyp~s~oa~s~tcstl~e ap rr~a~b~e~a~~-tli~l-awe of-Flarid . 17. Garage Doors. Garage doors to all Residences shall be kept closed except when opened to permit vehicles to enter and exit from a garage. 18. Hurricane Preparations. All Owners who plan to be absent from their Residence during the hurricane season must, prior to departure, prepare their Residence by: (a) removing all furniture, potted and hanging plants and other moveable objects from the Lot and exterior portion of the Residence; (b) designating a responsible firm or individual to care for the Residence should the Residence suffer hurricane damage, and furnish the Board, or the person designated by the Board for such purpose, with the name of said firm or individual; and ©) closing and locking into place any operational exterior shutters installed by Developer, and any other operational shutters installed by Owners with consent of the Board, as provided herein. Any Owner who fails to undertake the required hurricane preparations shall be held responsible for any damage done to the Property resulting from such omission. 19. Insurance. In the event the Association does not provide property insurance for the Residences or the Community Facility (including, without limitation, insurance for fire, hazard, casualty, windstorm, etc.), and flood insurance, it shall be the obligation of every Owner to purchase and maintain, appropriate insurance, as set forth below, with respect to all improvements located on such Owner's Lot. In such event, Owner's are required to purchase and maintain all aforesaid insurance coverage up to the maximum insurable value of all insurable improvements, with the minimum required amount of insurance to be established by the Board on an annual basis, which amount shall at least be 110% of the estimated cost of replacement of the Residence and the Community Facility. Insurance proceeds for damage to any Residence or Community Facility or insurable improvement located on the Lots shall be used solely for the immediate repair, replacement or reconstruction of the applicable Residence or Community facility or improvements. In such event, and no later than ten (10) days after obtaining the insurance coverage required herein, each Owner shall file with the Association insurance certificates showing the required insurance coverage, and each Owner shall file such certificates with the Association on an annual basis or, at the discretion of the Board, on a more frequent basis, upon not less than fifteen (15) days prior written request by the Board, and the Association is to be named as an additional insured party on each insurance policy. No Owner shall permit or suffer anything to be done or kept in a Residence or the Community Facility or upon a Lot that will increase the rate of insurance on the Property. The City shall make every effort to insure the Community Facility in such a way that its existence and operation on the Property does not increase the insurance costs to the Association over and above what those costs would be if the Community Facility was insured at the same rate as that of any Residence. 20. Leasing and Guest Occupancy. ' ' wners may lease their Residence pursuant to the Rules and Regulations, as amended from time-to-time. No Residence may be leased for a period of less than three (3) months nor may a Residence be leased more than twice during any calendar year. The Board may require the payment of a security deposit to the Association as a condition to any lease. Any person, other than Owner's immediate family, companion or mate, who temporarily resides in the Residence while the Owner or the Owner's lessee is present and with the permission of the Owner or the Owner's lessee, and without monetary consideration, shall be deemed a guest. Guests shall be registered with the Association if residing in the Residence for more than thirty (30) consecutive days. Guests are limited to sixty (60) days per any calendar year, cumulatively. Any person who resides in the Residence for more than sixty (60) days shall be deemed a tenant. All tenants and guests are required to comply with the Rules and Regulations and other obligations created by this Declaration. The Board reserves the right to limit the number of tenants or guests which may reside in a Residence, and the duration of tenant leases or guest stays, as the case may be. The Board reserves the right to expel any tenant or guest who violates the Rules and Regulations. These restrictions shall not apply to the Community Facility unless the Community Facility is converted to solely residential use. 21. Lot Use Restrictions. Except for Lot 12, all Lots shall only be used as Residential Property. No building structure shall be erected, placed or permitted to remain on any Lot other than a residential single- familydwelling unit; provided, however, Developer shall be permitted to place or erect temporary structures -~~~ ^p6n~Lots=owned by [T~v~j~er aid°Comrrfort p~op~to be as~d-ln conne~tr~rfw~liit~de~~eiopme~t~nd sales activities. 22. Mining or Drilling. There shall be no mining or drilling for water, minerals, oil, gas or otherwise undertaken within any portion of the Property ("Mining Activity"). Activities of Developer or other parties in creating, or maintaining Utilities or other facilities serving the Property shall not be deemed a Mining Activity. 23. Motorcycles: Watercrafts. Owners may keep a total of one (1) motorcycle, moped or "jet- ski" upon their Lot provided same are kept in Owner's garage at all times when not in use. No motorcycle, moped or "jet-ski" shall be parked in areas other than in the Residence garage. All motorcycles shall be equipped with appropriate noise muffling equipment such that they do not abuse normal noise levels, and "jet- skis" shall not be started on the Property at any time. 24. Motor Vehicles Maintenance. Only well-maintained passenger vehicles bearing current license and registration tags and inspection stickers as required by state law shall be permitted on the Property. No maintenance, repair or storage of any motor vehicle shall be permitted upon any Lot or Common Property, except that motor vehicle washing shall be permitted within the driveway of an Owner's Lot during reasonable hours. In connection therewith, no motor vehicle shall be placed upon blocks, jacks, or similar device upon any Lot or Common Property. No vehicle that cannot operate under its own power shall remain on any Lot for more than twenty-four (24) hours. 25. No Implied Waiver. The failure of the Board to object to an Owner's or other party's failure to comply with the covenants or restrictions contained in Cannery Row Documents now or hereafter promulgated shall in no event be deemed a waiver by the Board or of any other party having an interest therein of its right to object to same and to seek compliance therewith in accordance with the provisions of this Declaration or Cannery Row Documents. 2fi. Nuisances. Neither Owner nor Owner's family, guests, invitees, tenants servants, licensees, agents or employees, shall make, produce, generate or permit any disturbing noises, odors or lights in any Residence or upon any Lot or Common Property, or permit anything by such persons that will interfere with the quiet enjoyment, rights, comforts, privacy, convenience of other Owners, including, without limitation, no stereo, television, radio, sound amplifier or other sound equipment or musical instrument may be played or operated in such a manner that same disturbs or annoys occupants of any Residence, no offensive, immoral or illegal activity shall be carried on, permitted on, or maintained on any part of the Property, and persons shall conduct themselves such that noise generated in and around the rear yards and swimming pools in the evening or early morning shall not disturb or annoy any Residence occupant. Notwithstanding the foregoing language it is acknowledged that the Community Facility maybe operated and function similar to retail and commercial businesses and there will be attendant noise involved in such operation. It is further acknowledged that special events maybe held at the Community Facility which will result in heavier-than-normal pedestrian traffic in and out of the Community Facility. 27. Obstructions in Common Property: Personal Properly. There shall be no obstructions of the Common Property, except as specifically provided herein. No carriages, bicycles, wagons, shopping carts, chairs, benches, tables or other objects shall be stored or kept in or upon the Common Property, without the prior consent of the Board; provided, however, Developer may store materials upon the Common Property in connection with its development and sales activities. With the exception of patio furniture which maybe kept on the rear patio of a Residence, all personal property shall be stored within the Residence, and in no event shall personal property be stored or left in the front or rear of a Residence or upon another Owner's Lots. 28. Outdoor Cooking. No outdoor cooking or barbecuing shall be permitted on any balcony, in front of any Residence, or on the Common Property, except as provided herein. Outdoor cooking or barbecuing may be done within the swimming pool area or as otherwise designated by the Association; provided, however, that while in use, no cooking equipment shall be left unattended, or shall be used by children, and no outdoor cooking or barbecuing shall be a nuisance to any other Owner. 29. Parkin_ .Except for Lot 12, which has no designated parking spaces, all other Lots have two (2) designated parking spaces situate thereon wit m` the Rest ence garage spaces. ou a aarage a ui t with the Community Facility or added at a later date or if the Community Facility is converted to solely residential use, then the Community Facility shall have two (2) designated parking spaces situated thereon within the Residence garaqe spaces Provided however that for the Community Facility unit, only staff, occupants or licensees of the Community Facility may utilize the garaqe for parking. No auest parking for the Community Facility shall be allowed in the garaqe unless it is converted to solely residential use. Owners, and Owner's family, guests, invitees, servants, lessees, and persons for whom Owners are responsible and persons over whom Owners exercise control, may park a total of two (2) vehicles in the above-referenced parking spaces situated upon the Lot where such persons reside, lease, visit, or service. Residence Owner's guests, invitees, servants, and other persons visiting or servicing a Residence, may also utilize, on anon-exclusive basis, the designated guest and handicap parking spaces located on the Common Property, if any; provided, however, any such guest parking spaces may not be occupied by the same vehicle for a continuous period of more than twenty-four (24) hours. The Community Facility Owner and Community Facility Occupants shall not be permitted to use guest parking or handicap parking located on Common Property unless the Community Facility is converted to solely residential use. No motor vehicle shall be parked other than in areas designated for parking, as aforesaid, and no motor vehicle of any kind shall be parked on the interior roadways or on the Common Property, except in any guest or handicap parking spaces as aforesaid. Motor vehicles improperly parked may be towed away at the expense of the Owner or resident doing or permitted such act, and/or the owner of the vehicle. 30. Personal Contents Insurance Coverage. Although insurance coverage obtained by the Association may provide some form of hazard and casualty insurance for certain aspects of the Lots or Residences, such insurance will not include coverage for Owner's personal property and certain building contents, including, without limitation, cabinets, drywall, floor and wall coverings, fixtures, appliances, mechanical installations, and other interior finishes, as these improvements are defined by insurers and insurance policies. Therefore, to make certain of adequate insurance coverage, it is incumbent upon all Owners to review their insurance coverage with an their insurance agent on an annual basis. 31. Pest Control. The Board may require any or all Owner(s) to permit employees of pest control companies employed by the Association, to enter their Residence and/or upon their Lot at regularly scheduled times to perform pest control services, the expense for which shall be deemed either an a Association Operating Expense or an Assessment, as the case may be, in the sole discretion of the Board. 32. Pets. Except as provided under the rules and regulations promulgated by the Board from time to time, no Owner shall keep, raise or breed any pet or other animal of any kind on the Property, except that a total of two (2) household pets may be kept within an Owners Residence, provided they are not kept, bred or maintained for any commercial purpose and that they do not cause an unreasonable nuisance or annoyance to other Owners. However, under no circumstances may any animal larger than ninety (90) pounds be kept on the Property, or any breed of dog commonly known as Pit Bull, German Shepard, Rottweiler, or Doberman be permitted on the Property. The Board shall have the right to require any pet to be removed from the Property which causes an unreasonable source of annoyance to any Owner, or if the Rules and Regulations are violated with respect to the pet. In this regard, if a dog or any other animal becomes a nuisance or annoyance to any other Owner by barking, odors, waste deposits, or otherwise, the Owner thereof must cause the problem to be immediately corrected; and if it is not so immediately corrected, in the sole discretion of the Board, the Owner, upon written notice by the Board, will be required to permanently remove the animal from the Property. Any pet must be carried or kept on a leash when outside the Residence. No pet shall be kept outside a Residence. No pets are allowed within the recreational areas such as the swimming pool area or the playground area. Owners shall immediately pick-up and remove any solid waste deposited by his/her pet. 33. Plumbing and Electrical. Water closets and other plumbing shall not be used for any purpose other than those for which they were constructed, and no sweepings, rubbish, rags, sanitary napkins or other foreign substances shall be placed therein. Grease and other foreign substances shall not be poured down drains. Electrical outlets and electrical wiring shall not be over burdened. Any water purification and water softening devices installed in a Residence. must be installed by a licensed plumber. 34. Radio Equipment. No ham radios or radio or transmission equipment shall be operated or permitted to be operated on the Property without the prior written consent of the Board. 35. Removal of Landscaping; Alteration of Drainage. Except for Developer's acts in connection with the development of the Property, and Owner plantings that are, in the sole opinion of the Board, consistent with the overall landscape plan of the Property, no other plantings shall be made upon the Properly, and no sod, topsoil, mulch, plants, trees or shrubbery shall be removed from the Property, and no change in the condition of the soil or the grade level of the Property shall be made which results in any permanent change in the flow or drainage of surface water within the Property without the prior written consent of the Board. 36. Roof. No person shall be permitted upon the roof of any structure situated on the Property. 37. Rubbish. No garbage, trash, waste, refuse or rubbish of any kind shall be deposited, dumped or kept upon any part of the Property except in closed containers and recycling containers designated for such purpose which shall be set out for curbside pickup in front of each Residence, or as required by the Association. When not set out for pickup, all such containers shall be kept in the garage area of the Residence, and shall be kept in a clean and sanitary condition with no noxious or offensive odors emanating therefrom. 38. Rules and Regulations. The Board shall adopt such other Rules and Regulations from time to time governing the use and enjoyment of the Common Property, Lots, and Residences as the Board, in its sole discretion, deems appropriate or necessary, provided such additional Rules and Regulations shall be consistent with the provisions contained in this Declaration. Provided, however, that the Board may not modify or adopt new Rules and Regulations that would affect the use and/or operations of the Community Facility without the prior written consent of the City. This restriction of consent of the City shall terminate if the Community Facility is sold to a private party' however the private owner shall be required to Dive written consent which consent shall not be unreasonably withheld, unless it is solely a residential unit. 39. Signs. Except for certain approved signs for the Community Facility, and except for the permitted signs/advertising stated below, no signs, advertising, notice or lettering of any kind shall be exhibited, displayed, inscribed, painted, or affixed on any part of the exterior or interior of any Residence, the Community Facility, or upon any Lot or Common Property so as to be visible from the outside of any Residence, including, without limitation, signs indicating that a Residence is for sale, open for viewing as an "open house" or for rent (i.e., "For Sale", "For Rent", "Open House" or "No Trespassing") or any window display advertising. The only permitted signs or advertising shall be: (a) directional or traffic signs installed by Developer or appropriate governmental authority; (b) Owner's address plate in size and design which is consistent with all other Residence address plates, and standard issue security monitoring signs, which are approved by Developer or the Board; and ©) promotional display signs or banners used by Developer in connection with its development and sales activities. 40. Service Persons. Except for the Developer, no Owner shall permit any service people, whether for purposes of maintenance, repair, replacement or improvement, to work upon a Lot or in a Residence before 8:OOam or after 6:OOpm, except in the case of emergencies. 41. Solicitations. There shall be no solicitation permitted by any persons upon any Common Property or Lot for any cause, charity or for any purpose whatsoever, unless specifically authorized in advance by the Board. 42. Subdivision and Partition. The Lots shall not be subdivided further than as provided in the Plat. The area and width of each Lot on the Property upon which a Residence may be constructed shall be as shown on the Plat. 43. __ __Swimming Poole and Pla,~ground Area: Children under twelve- (12) years of age are not permitted in or around the swimming pool unless accompanied by an adult. As there are no lifeguard or others supervising pool activities in any swimming pool or playground area, and as Residence doors, and pool fence gates maybe inadvertently left open or unlocked, Owners and Owner's guests, lessees, servants, etc. are all responsible for their own safety and the safety of their children, and are solely responsible for any and all injuries, liabilities, damages and death sustained to themselves and/or their children within the Property. Regulations regarding the swimming pool area shall be posted in a conspicuous place in the swimming. All persons using the swimming pool must shower prior to entering the swimming pool, all rubbish must be properly disposed of, any personal property brought to the pool area must be removed, and no radios or other sound systems may be used without privacy headphones. No rafts or flotation devices are permitted when others are using the swimming pool. No food or beverage is permitted in the swimming pool, and no breakable containers are allowed anywhere in the swimming pool area. No diving is permitted in the swimming pool. Any person using suntan lotion or oil must cover any lounge chair they are using with a towel. All infants and toddlers must wear a rubberized form-fitted or waterproof garment over a diaper while in the swimming pool. There shall be no use of the swimming pool prior to 7:00 am and after sundown. Additional regulations shall include those that are necessary to comply with the laws of the City or State of Florida regarding swimming pools and other public facilities, and those that are deemed necessary and reasonable by the Board from time to time to insure the proper use of the swimming pool, and related facilities on the. Common Property. It shall be the responsibility of all Owners to apprise themselves of any amended and/or additional Rules and Regulations regarding the swimming pool area. Community Facility Occupants are not permitted to use the swimming pool, pool area, pool cabanas, or playground area unless the Community Facility is converted to solely residential use.. 44. Temporary Structures. No structure of a temporary character, whether a trailer, tent, shack, garage, shed, barn or any other such structure, shall be placed on any Lot, except that Developer shall be permitted to erect temporary structures on the Lots and Common Property to be used in connection with and during its construction, maintenance, repair and sales activities. 45. Use Disputes. In the event of a dispute as to whether the use of the Property or any portion thereof complies with the covenants and restrictions contained in this Declaration, such dispute shall be referred to the Board, and a determination rendered by the Board with respect to such dispute shall be final and binding on all parties concerned therewith; provided, however, that any use by Developer of the Property or any portion thereof in accordance with Article III, Section 2f shall be deemed a use which complies with this Declaration and shall not be subject to a determination to the contrary by the Board. Provided. however that so long as the Community Facility is owned by the City of Delray Beach an agency of the City of Delray Beach the Delray Beach Community Land Trust or anot-for-profit organization -if the dispute involves the Community Facility the Association must seek recourse with the City Commission of Delray Beach or other governinq entity controlling the use of the Community Facility and work in good faith to resolve the dispute. If the Association is unable to resolve the dispute to its satisfaction with the City Commission or other governinq entity then the Association may pursue mandatory mediation and arbitration as set forth m F.S. 720.311. 46. Utility Easements. Easements for the installation, maintenance and billing of Utilities are reserved as shown on the Plat and by easement, and as provided herein. 47. Vehicular and Pedestrian Traffic: Privacy Gates. All vehicular traffic operating upon the Property shall at all times comply with controlling governmental law, and shall at all times obey any traffic signs placed on the Property. Unless otherwise posted vehicular traffic shall adhere to a maximum speed limit of 15 mph. No vehicles, including, without limitation, bicycles, mopeds, skateboards, carriages shall be used in a manner which would interfere with vehicular or pedestrian traffic upon the Property. There shall be no perimeter fencing, walls or gates to create the appearance of a "gated community'. 48. Waterbeds and Flotation Mattresses. No waterbed, flotation mattress, or water/fluid-filled sleeping apparatus, equipment or devise of any size or type shall be permitted in any Residence. 49. Water Supply; Sewage Disposal. No individual water supply system or septic tank will be permitted upon any Lot or Common Property. 50. Window Door and Balcony Treatments. No awning, canopy, shutter or other projection shall be attached to or placed upon the outside walls or doors or roof of any Residence without the prior written consent of the Board. Balconies, courtyards, and patios may not be enclosed, which includes screening of same, nor may anything be affixed to the walls within such balconies, courtyards or patios except with the prior written consent of the Board. No blinds, shades, screens, decorative panels, window or door coverings shall be attached to or hung or used in connection with any window or door in a Residence, if affixed to the exterior of a Residence, without the prior written consent of the Board. Interior window treatments shall consist of drapery, blinds, decorative panels, or other tasteful materials, and no foil or sheets or other temporary window treatments are permitted. No windows shall be tinted and no tinted glass shall be installed, and no windowlsliding door screening shall be replaced other than with screening of the same material and color as originally exists, without the prior written consent of the Board. No towels or articles of clothing shall be hung from any balconies. ARTICLE V MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION: BOARD OF DIRECTORS OF THE ASSOCIATION 1. Association Membership. Every person or entity who is a record fee simple Owner of any Lot which is subject to this Declaration shall be a Member of the Association ("Member"), and all Members, collectively, shall comprise the membership ("Membership") of the Association, it being understood that for all voting purposes, there shall only be one vote for each Lot. In this regard, if there is more than one (1) record fee simple title holder for a Lot {i.e. husband and wife, etc.), the combination of record fee simple title holders of a Lot shall be considered as one (1) Member, and, therefore, entitled to one (1) vote. The forgoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to this Declaration. Ownership of a Lot shall be the sole requirement for Membership. Members shall be entitled to the benefit of, and shall be subject to, the provisions of Cannery Row Documents, as may be amended from time to time. The voting rights of the Members are set forth in the Articles. 2. Board of Directors. The Association shall be governed by the Board which shall be appointed, designated or elected, as the case may be, as set forth in the Articles. ARTICLE VI ARCHITECTURAL CONTROL In order to preserve the values and appearance of the Property, the Board shall be empowered to render decisions regarding any proposed alterations, modifications, changes, or additions to the Property, as follows: 1. Requirement of Board Approval. Except for: (I) structures and improvements constructed, installed or placed by or with the approval of Developer, (ii) landscaping and plantings by or with the approval of Developer, {iii) additions, alterations, modifications and changes to any of the foregoing by or with the approval of Developer (collectively referred to herein as "Developer Improvements"), which Developer Improvements are not subject to the approval of the Board, and (iv) subject to Article IV herein, non-structural decorative improvements to the interior of a Residence, no alterations, additions, modifications, changes, ~~ replacements, or improvements of any kind (collectively referred to herein as Alterations) shall be made to any Lot, Residence or Common Property, including, without limitation, alteration of drainage areas, underground utilities, installation of screen enclosures, storm shutters, exterior window treatments, awnings, patio canopies, solar panels, entry gates, satellite dishes, or any other equipment on the exterior of a Residence, or changes to exterior painting, exterior lighting, courtyard fences, perimeter walls, exterior walls, windows, doors, garage doors, entry gates, driveways, roadway and parking areas, or landscaping, without the prior written approval of the Board. __ _ __ _ 2. Method ofiObtaining Board Approval.- In orderto obtain the approval of the Board -finro (2) T complete sets of plans and specifications for such proposed Alterations shall be submitted to the Board for its review. Such plans and specifications shall include, as appropriate, the proposed location, grade, elevations, shape, dimension, and approximate costs of the Alterations, and the nature, type and color of materials to be used for same. The Board may also require the submission of additional information and materials as may be reasonably necessary for the Board to evaluate the proposed Alterations. The Board shall evaluate all plans and specifications utilizing standards of the highest level as to the aesthetics, materials and workmanship and as to suitability and harmony of location, structures and external design in relation to surrounding topography, structures and landscaping. The Board shall have the right to require that Owner's plans and specifications be prepared by a licensed architect and/or engineer, as the case maybe, and be approved by the City, County or other appropriate governmental authority. 3. Approval or Disapproval by the Board. The Board shall have the right to disapprove any proposed Alterations which, in its sole discretion, are not suitable or desirable for the Property. Any and all approvals or disapprovals of the Board shall be in writing and shall be sent to the applicantlOwner, and shall be binding. In the event the Board fails to approve or to disapprove in writing any proposed Alterations within thirty (30) days after submission to the Board of complete plans and specifications for the proposed Alterations, and any and all other reasonably requested information and materials related thereto, then said proposed Alterations, as set forth in the plans and specifications submitted to the Board, shall be deemed to have been approved by the Board and the appropriate written approval delivered forthwith. 4. Board to Adopt Rules and Regulations. The Board shall promulgate such further rules and regulations as it deems necessary, and shall adopt a schedule of reasonable fees for the processing of applications to the Board which rules, regulations and fees shall be subject to the approval of the Board. ARTICLE VII MAINTENANCE OBLIGATIONS OF THE ASSOCIATION. The Association shall maintain, repair and replace at the Association's expense: Lots Residences, and Community Facility. a. All portions of a Residence and the Community Facility contributing to the structural support of the building, which portions shall include, without limitation, outside walls of the Residence and all fixtures secured to its exterior, party walls (subject to the terms and provisions of Section 8 of this Article), foundations, floor joists and ledgers, load-bearing walls, columns and tie-beams, roof trusses, and roof; b. Except as provided in Article VIII, Section 1 herein, all conduits, plumbing, wiring and other facilities used to furnish Utilities to a Residence and the Community Facility, which are contained within portions of a Residence or the Community Facility maintained by the Association pursuant to Section 1 a above, and all such facilities contained within a Residence or the Community Facility that service part or parts of the Property other than the Residence or the Community Facility within which contained; c. All exterior walls, railing, and gates; d. All exterior finishes, including, exterior painting, stucco, siding, awnings, soffits, fascia, gutters, and shutters installed by Developer; and e. All storm water drainage grades and improvements, and all underground drainage, sewer and water installations and utilities, to the extent same are not the maintenance and repair obligation of the City, County or private utility companies; and f. All incidehtal damage caused to a Residence by such above-described work, shall be repaired promptly at the expense of the Association. 2. ~ Common Property. The Association shall be responsible for the maintenance, repair and replacement of all Common Property and any improvements thereon and thereto, and any personal property owned by the Association, in a manner consistent with the Cannery Row Property. 3. Utilities. The Association shall maintain all potable water supply lines, sanitary sewer lines, fire sprinkler water supply lines, including meters and control devices for same, within the Property that are not maintained by the City, County or other governmental authority. 4. Landscaping. Irrigation and Water Management Systems. The Association shall operate and maintain all landscaping, irrigation systems and water management systems on the Property, including, without limitation, all grass, plants, trees, sprinklers, sprinkler systems and timer devices, and storm water management and drainage systems situated on the Property, whether same may be situated upon the Lots or Common Property. Pursuant to requirements of the South Florida Water Management District ("SWM"), the Association has accepted responsibility for the operation and maintenance of the SW M system located within the Common Property (°SW M System"). Any proposed amendment to the Cannery Row Documents which would affect the SWM System will be submitted to the SWM for a determination of whether the proposed amendment necessitates a modification to the SWM permit issued for the Property. Copies of the SWM Permit and any future permit modifications shall be maintained by the Association's Registered Agent for the Association's benefit. 5. Walls, Fences. and Mailboxes. The Association shall maintain, repair and replace all site walls, fences, gates, and mailboxes installed or placed on the Property by Developer or by the Association. 6. Exterior Lights and Electrical Installations. The Association shall maintain, repair and replace all exterior lighting fixtures affixed to the exterior of the Residences and the Community Facility (except for wall placard or monument sign lighting) (except for light bulbs), and upon the Lots and or Common Property (to the extent the controls for such lighting fixtures are not located within a Residence), and all electrical installations and devices situated on Common Property, including wiring and components, photocell and timer devices, and light bulbs. 7. Private Roads, Driveways and Sidewalks. The Association shall maintain, repair and replace all interior roadways, curbing, sidewalks and driveways on the Property (collectively referred to herein as "Paved Areas"); provided, however, any damage to the Paved Areas, including, without limitation, oil and other stains from motor vehicles, and motorcycle kickstands and the like, shall be the sole responsibility of the Owner of the motor vehicle or motorcycle causing such damage and/or the Owner to whom the motor vehicle or motorcycle owner was a guest, tenant or invitee, to repair, and, in the event such repair is not promptly undertaken, the Association shall repair same at Owner's expense. 8. Signs. The Association shall maintain, repair and replace all vehicular traffic signs and property identification signs installed or placed on any part of the Property by Developer or the Association which are not maintained by the City (such as for the Community Facility), County or other governmental authority. 9. Party Watls. a. Each wall which is built as part of the original construction of a Residence or the Community Facility and placed on the dividing line between the Lots shall constitute a party wall, and to the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. b. The cost of reasonable repair and maintenance of a party wall, to the extent not covered by insurance, shall be borne by the Association. Any repair or maintenance costs incurred as the result of negligent or willful conduct of an Owner, or Owner's guests, invitees, contractors, or tenants, shall be paid by said Owner. -- --_ _- ~~~-~--~ a~-=--- e. ~~the=~ver~#~~ar#y=wall-~s--dest~~edsar~iar~agea- are~irmcane;~o~hersa;a the Association shall restore it, without prejudice, however, to the right of the Association to seek contribution from Owners under any rules or laws regarding liability for negligent or willful acts or omissions. d. Notwithstanding any other provisions of this Article to the contrary, an Owner who by his negligent or willful act causes a party wall to be exposed to the elements shall bear the entire cost of furnishing the necessary protection against such elements and the costs of repairing any damages related thereto. 10. Swimming Pool Cabanas and Playuround. The Association shall maintain and repair the swimming pool, pool cabanas, all pool area improvements and facilities, and all playground facilities. 11. Damage Caused By Owner. In the event any Owner, or Owner's family, guests, invitees, contractors, servants or tenants, causes any damage to any property which is the responsibility of the Association to maintain, repair and replace, such Owner will be responsible for all costs associated with repairing such damage, and the Association shall have the right to levy a Special Assessment for the cost thereof against such Owner. 12. Right of Entry by Association. Whenever it is necessary to enter upon a Lot, Residence or the Community Facility for the purpose of inspection (including inspection to ascertain an Owner's compliance with the provisions of this Declaration) or to perform maintenance or repairs to any portion of the Lot, Residence or the Community Facility, or in the case of emergency originating in or threatening any Residence or the Community Facility, or for making emergency repairs therein necessary to prevent damage to the Common Property, to such Owner's Residence, or to another Residence, or to the Community Facility, the Owner thereof does hereby permit a member of the Board or any authorized agent of the Association to go upon the Lot or enter the Residence or Community Facility for such purposes, whether or not the Owner is present at the time, provided that such entry shall be made only at reasonable times; provided, however, that in the case of emergency, including, without limitation, fire, hurricane, medical need, or burglary, entry maybe made at any time, and such right of entry shall be immediate and without notice. Each Owner does hereby appoint the Association as its agent for the purposes herein provided and agrees that the Association shall not be liable for any alleged property damage or theft caused or occurring on account of any entry by the Association. 13. Disputes. In the event of any dispute concerning the Association's obligations under the provisions of this Article VII, the dispute shall be resolved through arbitration conducted by the American Arbitration Association and governed by the rules and regulations of the American Arbitration Association, and the prevailing party shall be entitled to recover all attorneys' fees and costs. Provided however, that so long as the Community Facility is owned by the City of Delray Beach an agency of the City of Delray Beach, the Delray Beach Community Land Trust or anot-for-profit organization if the dispute involves the Community Facility the Association must seek recourse with the City Commission of Delray Beach or other Aoverninq entity controlling the use of the Community Facility and work m good faith to resolve the dispute. If the Association is unable to resolve the dispute to its satisfaction with the City Commission or other governmq entity then the Association may pursue mandatory mediation and arbitration as set forth in F.S. 720.311. ARTICLE VIII MAINTENANCE OBLIGATIONS OF OWNERS The maintenance and repair obligations of Owners shall be as follows: Lots and Residences. a. To keep and maintain the Lots, Residences, and the Community Facility, and the fixtures, appliances, equipment, interior finishes, and appurtenances thereon and therein not maintained by the Association, in good order, condition and repair, and to perform promptly all maintenance and repair work within the_Residence which,_if omitted, would aff_ect_the Lot,_Residence or the Community Facility m its entirety_ VI n I Nal ~ v~w~ Fyn ~y w ..... ~... , ..... ~........_ .._-'---'-- - - - - responsiblefor the damages and liabilities which Owner's failure to do so may engender. Notwithstanding any provision to the contrary herein, Owners shall be liable and responsible for the maintenance, repair and replacement, as the case may be, of all windows and exterior doors (including garage doors), interior doors and millwork, door and bathroom hardware, flooring and wall tile, cabinets and countertops, all air conditioning and heating equipment, plumbing fixtures, kitchen and laundry appliances, electrical and lighting fixtures, ceiling fans, security, intercom, fire sprinkler systems, and central vacuum systems, including all of the pipes, wiring, ducts, vents, conduit, fixtures, and the connections required to provide water, electric, sewer, air conditioning and heating, telephone, and cable television, and sanitary service to a Residence, except to the extent such items are situated within portions of the Lot or Residence that the Association is responsible to maintain pursuant to Article VII herein. b. To maintain, repair and replace any and all interior walls, except for such interior walls specified in Article VII, Section 2b herein, and furnishings, and all other accessories which such Owner may desire to place and maintain within its Residence. c. To keep in a neat condition, the floor, interior walls, windows, ceilings, fencing, balcony railings, balconies, and driveways. d. To promptly report to the Association any defect or need for repairs for which the Association is responsible. e. To maintain, repair and replace plumbing and electrical fixtures and equipment exclusively servicing a Residence or the Community Facility situated within a Residence or the Community Facility. 2. Owner's Liability. In the event any Owner: (I) fails to perform the responsibilities as setforth in this Article VIII, (ii) causes any damage to any improvement which the Association has the responsibility to maintain, repair or replace; or (iii) undertakes unauthorized improvements, additions or alterations to a Lot or Residence, the Association, upon the affirmative majority vote of the Board and ten (10) days prior written notice to Owner, shall have the right, through its agents and employees, to enter upon such Lot and/or in such Residence where such violation exists, to cause the required maintenance andlor repairs to be performed, or, as the case may be, to summarily remove any unauthorized improvements, additions or alterations at the expense of the Owner; provided, however, that the Association shall then at the expense of the Owner, make the necessary repairs, construction, etc. to insure that the property and improvements where such violation occurred is restored to the same condition which existed prior to such violation, and any such entry, abatement, removal or restoration and construction work shall not be deemed a trespass, and all costs associated therewith, plus reasonable overhead/administrative costs to the Association, shall be accessed against such Owner as a Special Assessment. ARTICLE IX COVENANT FOR MAINTENANCE ASSESSMENTS 1. Purpose of Assessments. Assessments, as hereinafter defined, levied by the Association shall be used exclusively for promoting the health, safety, welfare, and enjoyment of the residents of the Property, and, in particular, for the improvement, maintenance and operation of the Property, and the services and facilities devoted to this purpose, and related to the use, enjoyment and preservation of the Common Property, and for the payment of Operating Expenses, as hereinafter defined, and capital improvements and other expenses as hereinafter set forth. 2. Affirmative Covenant to Pay Assessments. a. In order to fulfill the terms, provisions, covenants and conditions contained in this _. __Declaration, and_to maintain ,operate and_preserve the Properly for all Owners, there is hereby imposed upon --- - - - forth, all Assessments, as hereinafter provided, including Annual Assessments and Special Assessments, as hereinafter provided. The affirmative covenant and obligation to pay Assessments shall run with the land which constitutes the Property. b. All Owner's acknowledge by acceptance of a deed or other instrument of conveyance for any Lot within the Property (whether or not it shall be so expressed in any such deed or other conveyance instrument), that the Owners of each Lot are liable to the Association for the payment of: (I) annual assessments or charges (collectively referred to herein as "Annual Assessments") of budgeted Operating Expenses, as hereinafter defined, and (ii) non-budgeted expenses for capital improvements and budget deficiencies (collectively referred to herein as "Special Assessments"). Annual Assessments and Special Assessments may be collectively referred to herein as "Assessments". Such Owners further recognize and covenant that they are jointly and severally liable with the Owners of all Lots for the Assessments, and that in the event Owners fail or refuse to pay their Annual Assessments or any portion thereof or their respective portions of any Special Assessments, the other Owners may be responsible for increased Annual Assessments or Special Assessments due to the nonpayment by such Owners, and such increased Annual Assessments or Special Assessments can and maybe enforced by the Association and/or the Developer in the same manner as all other Assessments, as provided in this Declaration. Assessments shall be billed to the Owners on a monthly or quarterly basis, as determined by the Board. 3. Establishment of Liens. a. All Assessments made by the Association in accordance with the provisions of this Declaration or any of Cannery Row Documents, together with late charges, interest thereon at the highest rate allowed bylaw and all costs of collection thereof, including, without limitation, reasonable attorneys' fees and court costs, are hereby declared to be a charge and continuing lien upon the Lot against which each such Assessment is made. All Assessments against a Lot, together with late charges, interest thereon at the highest rate allowed bylaw and all costs of collection thereof, including attorneys' fees and costs, shall be the joint and several personal obligation of the person(s) or entity(s) who was the Owner of such Lot at the time the Assessment fell due, and the personal obligation for delinquent Assessments shall not pass to successors in title unless expressly assumed by them. b. Said lien shall be effective only from and after the time of the recordation amongst the Public Records of Palm Beach County of a written acknowledged statement by the Association setting forth the amount due to the Association as of the date the statement is signed. Upon full payment of all sums secured by such lien, the party making payment shall be entitled to a satisfaction of the lien in recordable form. Notwithstanding any provision to the contrary herein, where Lenders of record obtain title to a Lot as a result of foreclosure of its mortgage or deed in lieu of foreclosure of its mortgage, such acquirer of title, its successors or assigns, shall not be liable for the share of Assessments pertaining to such Lot or chargeable to the former Owner thereof which became due prior to the acquisition of title as a result of the foreclosure or deed in lieu thereof, unless the Assessment against the Lot in question is secured by a claim of lien for Assessment that is recorded prior to the recordation of the mortgage which was foreclosed or with respect to which a deed in lieu of foreclosure was given. c. Notwithstanding the foregoing language the Association shall have no lien rights against the Community Facility unless it is converted to solely residential use. As long as the Commurnty Facility is owned by an agency of the City, the Association would not have lien rights, as provided herein, against an agency of the City. Accordingly, and in lieu of any available lien rights, the Association would have all available remedies at law to enforce the terms of this Declaration, as stated herein. 4. Collection of Assessments. In the event any Owner shall fail to pay Assessments, or any installment thereof, charged to such Owner within fifteen (15) days after the same becomes due, the Association, through its Board, shall have any and all of the following remedies, to the extent permitted bylaw, which remedies are cumulative and which remedies are not in lieu of, but are in addition to, all other remedies available to the Association: __ ___ - _ --- - -- - ~~~'-o~aeeeler~te-tl~e--entfFe-ar~o+~of+~Assessrf~~rats°=feet#e~a~r~~ ~ + p calendar year notwithstanding any provisions for the payment thereof in installments; b. To advance on behalf of Owners in default funds to accomplish the needs of the Association up to and including the full amount for which such Owners are liable to the Association, and the amount or amounts of monies so advanced, together with interest at the highest allowable rate, and all costs of collection thereof including, without limitation, reasonable attorneys' fees and court costs, may thereupon be collected by the Association and such advance by the Association shall in noway waive the default; c. Except as to the Community Facility, to file an action in equity to foreclose its lien at any time, after the effective date thereof. The lien may be fore-closed by an action in the name of the Association in like manner as a foreclosure of a mortgage on real property; and d. To file an action at law to collect said Assessment plus interest at the highest rate allowed bylaw, reasonable attorneys' fees and court costs, and all other collection expenses without waiving any lien rights or rights of foreclosure in favor of the Association. 5. Rights of Developer and Lenders to Pav Assessments and Receive Reimbursement. Developer and Lenders shall have the right, but not the obligation, jointly or singly, and at their sole option, to pay any of the Assessments which are in default and which may or have become a charge against any Lot within the Property. Further, Developer and Lenders shall have the right, but not the obligation, jointly or singly, and at their sole option, to pay insurance premiums or fidelity bond premiums or other required items of Operating Expenses on behalf of the Association where the same are overdue and where lapses in policies or services may occur. Developer and Lenders paying overdue Operating Expenses on behalf of the Association will be entitled to immediate reimbursement from the Association of such amounts paid by Developer or Lenders, together with interest at the highest allowable rate and any costs of collection including, without limitation, reasonable attorneys' fees and costs, and the Association shall execute an instrument in recordable form to this effect and deliver the original of such instrument to Developer andlor any Lender who is so entitled to reimbursement. With respect to collecting any such sums advanced by Developer andlor Lenders, Developer and Lenders shall have the same remedies available to the Association, as set forth in Section 4 above. 6. Subordination of the Lien to Mortgages. The lien of Assessments provided for herein shall be superior to all other liens except tax liens and mortgage liens, provided said mortgage liens are first liens against the property encumbered thereby (subject only to tax liens). The sale or transfer of any Lot which is subject to a mortgage, pursuant to a decree of foreclosure thereof, shall extinguish the lien of such Assessments as to payments thereof which become due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any Assessments thereafter becoming due or from the lien thereof. 7. Exempt Property. The following property subject to this Declaration shall be exempt from Assessments created herein: (I) all properties dedicated to and accepted by a local public authority, and (ii}the Common Property; provided, however, no land or improvements devoted to residential dwelling use shall be exempt from Assessments. ARTICLE X METHOD OF DETERMINING ASSESSMENTS 1. Determining Amount of Assessments. The total anticipated Operating Expenses for each calendar year shall be set forth in a budget {the "Budget")prepared by the Directors not later than November 15t of the calendar year preceding the calendar year for which the Budget is to be adopted. The total anticipated Operating Expenses (other than those Operating Expenses which are properly the subject of a Special Assessment, as hereinafter set forth), shall be equally apportioned among the Lots to determine the Annual Assessments; provided, however, the Community Facility shall not pay Annual Assessments or Special Assessments for any Operating Expenses relating to the swimming pool amenities, swimming pool - - cabanas, er community_pl_ayground~_r__ea or the designated quest and handicap parkmg spaces located on the ... -~ - --~ -------- -,...a......a4,... fF.e Co~m~mon Property. Should the Community Facility be converted to solely residential use then the Community Facility shall pay its share of the cost of Annual or Special Assessments for any Operatmq Expenses relatin to the swimming pool amenities swimming pool cabanas community playground area or the designated quest and handicap parking spaces located on the Common Property and its Annual Assessments shall be adjusted accordingly Should the Community Facility be owned by anot-for-profit agency that does not qualify for Federal income tax exemption then the not-for-profit agency will also be obligated to pay its share of taxes as set forth in Article XII. 1. 2. Uniform Rate of Assessments. Both Annual Assessments and Special Assessments must be fixed at an uniform rate for all Lots, except where otherwise provided herein, except as provided in Article X.1. regarding the Community Facility. 3. Annual Assessment Payments. Annual Assessments shall be payable quarterly, in advance, on the first day of each January, April, July and October of each year. Annual Assessments and the quarterly installments thereof as well as all Assessments provided for herein and all installments thereof shall be adjusted from time to time by the Board to reflect changes in the Budget or in the event the Board determines that the Assessments or any installments thereof are either less than or more than the amount actually required. 4. Special Assessments. a. In addition to the Annual Assessment authorized above, the Association may levy, in any assessment year, a Special Assessment applicable to that year only for the purpose of defraying, in whole or in part, the expenses of the Association that are not provided for in the budgeted Annual Assessments, and for the cost of any capital improvement, which includes the costs, in whole or in part, of constructing or acquiring improvements, or the costs, whether in whole or in part, of reconstructing or replacing such improvements on any Lot or Residence that are the maintenance obligation of the Association, and/or the Common Property and any improvements thereon, including fixtures and personal property related thereto; provided, however, that such Special Assessment shall have the assent of not less than two-thirds (Z3) of the Owners entitled to vote in person or by proxy at a meeting duly called for this purpose, except that no such approval need be obtained for Special Assessments for the replacement or repair of a previously existing improvement on the Property which was destroyed or damaged, it being recognized that the sums needed for such capital expenditures shall be the subject of a Special Assessment. b. Written notice of any meeting called for the purpose of taking any action authorized under this Section 4 shall be sent to all Members not less than 30 days nor more than 60 days in advance of such meeting. At such meeting, the presence of Members or of proxies entitled to cast the majority of all votes of the Members shall constitute a quorum. c. Notwithstanding any provision to the contrary herein, it is recognized and declared that Special Assessments shall be in addition to, and are not a part of, Annual Assessments, and any such Special Assessments assessed against Owners shall be paid by such Owners in addition to Annual Assessments. Except as otherwise provided herein, Special Assessments shall be assessed in the same manner as Annual Assessments. d. Notwithstanding any provision to the contrary herein, Special Assessments maybe assessed against individual Owners to compensate the Association for undertaking maintenance and repair obligations of an Owner, and for damages caused by an Owner, as provided in Article VII, Section 9 and Article VIII, Section 2 herein. 5. Special Assessments For Reconstruction of Buildin4s or Improvements. a. Any and all sums necessary to repair, replace, construct or reconstruct any building on the Common Property damaged or destroyed by casualty that are not covered in whole or in part by _-__ -insurance, and=any diff_erence__between the amount of insurance roceeds received with respect to such _ -P -- --- - - - - oamage anu Lf IC GI I wu1 R ~i i ui iua „ca,v~acu y .., ...r+...~~ , ...r........,, .._.._-• --- -~ - - - - - improvement so damaged, shall be the subject of a Special Assessment, and the Association shall levy a Special Assessment for the funds necessary to cover such expenditure within ninety (90) days from the date such damage was incurred. The Association shall deposit into a Palm Beach County banking institution insured by an agency of the United States any such funds collected by Special Assessment and all insurance proceeds collected by the Association so that the funds on deposit will equal the cost of repair, replacement, construction or reconstruction of the damaged improvements, and the Association shall go forward with all deliberate speed so that such repair, replacement, construction or reconstruction shall be completed as soon as reasonably possible after the date of such damage. b. In the event that repairs and replacements were paid for by any Special Assessment or by insurance proceeds, and after the completion of the repair, replacement or reconstruction, and after payment for same, there remains any excess funds in the hands of the Association, it shall be presumed that the funds disbursed in payment of any repair, replacement and reconstruction were first disbursed from insurance proceeds and any remaining funds shall be deemed to be remaining Special Assessments which shall be returned to the Owners by means of a prorata distribution in accordance with the collection of that Special Assessment. c. Notwithstanding the foregoing, in the event there is any conflict between the provision of this Section and the provisions of any mortgage now or hereafter encumbering any Common Property, the provisions of any such mortgage shall control as to the property encumbered thereby. 6. Community Facility. The City shall make every effort to insure the Community Facility in such a way that its operation on the Property does not increase the insurance costs to the Association over and above what those costs would be if the Community Facility was insured at the same average rate of any Residence. If the Community Facility is sold to a private party and the use of the property causes the cost of insurance for Lot 12 to xceeds what the per Residence costs are for insurance, the Association may assess the Owner of Lot 12 an amount equal to the overage amount of such insurance costs. ARTICLE XI CAPITAL CONTRIBUTION At the time of the closing of fee simple title to a Lot pursuant to an original sale by Developer, the purchaser thereof shall pay to the Association a sum equal to two (2) months of the Annual Assessment then in effect. This section shall not apply to the Community Facility. These monies (hereinafter referred to as the "Capital Contribution Fund") shall be the Association's property and shall be held by the Association in an interest- bearing account with a banking institution in Palm Beach County and insured by an agency of the United States. The Capital Contribution Fund, and the interest accrued thereon, shall be used by the Association through the Board, pursuant to the powers described in the Articles and By-Laws for purposes of working capital, payment of Operating Expenses, for meeting budgetary deficiencies in lieu of Special Assessments, and for the payment of Federal and State income taxes on the earnings of the Capital Contribution Fund. ARTICLE XII OPERATING EXPENSES The following expenses of the Property and the Association are hereby declared to be "Operating Expenses which the Association is obligated to assess and collect from Owners, and which Owners are obligated to pay to the Association as provided herein or as may be otherwise provided in Cannery Row Documents, to wit: 1. Taxes. Any and all taxes levied or assessed at any time by any taxing authority upon the Common Property, and any improvements thereto or thereon, and any personal property thereon, or against -___ y-otherre~kpropvvttbrt~the~r-~pe-~=~rh+ch~is-owr~e~y~te~C~os~tian; indludi-n~~t~o~~l~r~i{tataon~r~al_ _ - --- property taxes, all taxes, charges, assessments and impositions and liens for public improvements, special charges and assessments, and water drainage districts, and any other taxes or tax liens which may be assessed against the Common Property, including any interest, penalties and other charges which may accrue thereon. The Community Facility shall not be required to contribute to this expense unless it is converted into a solely residential unit or if it is owned by anot-for-profit agencv which does not qualify for federal income tax exemption. 2. Utility Chartres. All charges for providing Utilities to and for the Common Property, whether supplied by a private or public firm, and all charges for providing Utilities to and for the Lots and Residences provided such Utilities are provided to all Lots and Residences, including, without limitation, water and CAN services, whether supplied by a private or public firm. The Community Facility shall have the right to opt out of the CAN services so long as it is owned by the City of Delray Beach, an agencv of the City, the Delray Beach Community Land Trust or anot-for-profit agencv. 3. Insurance. The premiums on the policy or policies of insurance which the Board in its sole discretion determines to obtain; provided, however, that the Association shall obtain and maintain the following insurance coverage: a. Comprehensive Liability Insurance. Comprehensive public liability insurance and, if appropriate, owners, landlord and tenant policies naming the Association, and, until the date upon which all Lots have been conveyed to third parties, Developer as additional insured parties thereof, which policy(s) shall insure against all claims or demands made by any person or persons whomsoever for injuries received in connection with, or arising from, the use maintenance and repair of the Common Property, and any improvements located thereon, and for any other risks insured against by such policies with limits of: (I) not less than One Million Dollars ($1,000,000.00) for damages incurred or claimed by any one person for any one occurrence, (ii) not less than Two Million Dollars ($2,000,000.00) for damages incurred or claimed on an annual aggregate, combined single limit basis, and (iii) not less than Two Million Dollars ($2,000,000.00) for umbrellalexcess liability coverage. Such coverage shall include, as appropriate, and without limitation, protection against water damage liability, liability for non-owned and hired automobiles, liability for property of others, host liquor liability and such other risks as are customarily covered with respect to areas similar to the Common Property in developments similar to Cannery Row in construction, location and use, and as customarily covered under comprehensive general liability occurrence forms. b. Hazard and Casualty Insurance. Hazard and casualty insurance in an amount equal to One Hundred Ten Percent (110%) of the then full replacement cost, exclusive of land, foundations, excavation and other items normally excluded from such coverage, of all buildings and improvements now or hereafter located upon the Lots and the Common Property, such insurance to afford protection against at least the following: (I) Loss or damage by flood, fire, windstorm, water damage, sprinkler or water leakage, debris removal, demolition, vandalism, malicious mischief, and other hazards covered by the standard extended coverage endorsement; and (ii) Such other risks as are customarily covered with respect to the Lots, Residences and Common Property in developments similar to Cannery Row in construction, location and use. Such property and casualty insurance, including, without limitation, fire, windstorm, flood, etc. that the Board deems adequate and appropriate, but in no event shall any such coverage be less than 110% of replacement costs of all insurable improvements within the Property. c. Fidelity Insurance. Adequate fidelity coverage to protect against dishonest acts on the part of Officers, Directors, and employees of the Association and all others who handle or are responsible for handling funds of the Association, such coverage to be in the form of fidelity bonds which: (a) name the Association as an obligee; (b) are written in an amount equal to at least 110% of the estimated annual Operating Expenses of the Association, or as deemed adequate by the Board; and (c) contain waivers of any ___ ____ __defense_based upon the exclusion of persons who serve without compensation from any definition of imil~rr-expressio -- - - -- -_-_ d. Other Insurance. Such other forms of insurance and in such coverage as the Association shall determine to be required or beneficial for the protection or preservation of the Common Property and any buildings and improvements now or hereafter located thereon, and the Lots and the Residences, or in the best interest of the Owners and the Association. 4. Maintenance. Repair and Replacement. Any and all expenses required to properly maintain, repair and replace the Common Property and all improvements thereon, and those elements of the Lots and Residences that are the maintenance obligation of the Association as provided in Article VII herein. 5. Administrative and Operational Expenses. The costs of administration for the Association in the performance of its functions and duties pursuant to Cannery Row Documents including, without limitation, costs for secretarial and bookkeeping services, salaries of employees, legal and accounting fees, management fees, and contracting fees. In addition, the Association may retain a management company or companies or contractors (any of which may be, but are not required to be, a subsidiary, affiliate, or any otherwise related entity of Developer) to assist in the operation of the Property, or portions thereof, and to perform or assist in the performance of certain obligations of the Association under Cannery Row Documents and the fees or costs of any management company or contractor so retained shall be deemed to be part of the Operating Expenses. 6. Compliance with Laws. The Association shall take such action as it determines necessary or appropriate in order to cause the Common Property, and the Lots, and all improvements thereon or thereto, to be in compliance with all laws, statutes, ordinances and regulations of any governmental authority, whether federal, state or local, including, without limitation, any regulations regarding zoning requirements, setback requirements, drainage requirement, sanitary conditions and fire hazards, and the cost and expense of such action taken by the Association shall be an Operating Expense. 7. Indemnification. The Association excluding the Community Facility Owner while it is owned by the City of Delray Beach an agency of the City the Delray Beach Community Land Trust or anot-for-profit aaency~ covenants and agrees that it will indemnify and hold harmless Developer from and against any and all claims, suits, actions, causes of action and/or damages arising from any personal injury, loss of life and/or damage to property sustained on or about the Property, and from and against all costs, expenses, attorneys' fees, including, without limitation, all trial and appellate levels and whether or not suit be instituted, and liabilities incurred by Developer arising from any such claim, the investigation thereof, or the defense of any action or proceedings brought thereon, and from and against any orders, judgments and/or decrees which may be entered thereon arising from the Association's administration, management, maintenance and/or supervision of the Property. The Association shall also indemnify Developer for any expense Developer may incur in bringing any suit or action for the purpose of enforcing the rights of Developer under any of Cannery Row Documents or for compelling the specific enforcement of the terms, conditions and covenants contained in any of Cannery Row Documents to be kept or performed by the Association or the Owners. 8. Reserves. The funds necessary to establish an adequate reserve fund (the "Reserves")for depreciation, repair, replacement and deferred maintenance of the Common Property, the facilities and improvements thereto and thereon, and those elements of the Lots and Residences that are the maintenance obligation of the Association, as provided herein, in amounts determined sufficient and appropriate by the Board from time to time shall be an Operating Expense. The Reserves shall be deposited in a separate account at a Palm Beach County banking institution insured by an agency of the United Sates. The funds collected by the Association on account of Reserves shall be and shall remain the exclusive property of the Association and no Owner shall have any interest, claim or right to such Reserves or any fund composed of same. 9. Failure or Refusal of Owners to Pay Assessments. Funds needed for Operating Expenses due to the failure of refusal of Owners to pay Assessments levied shall, themselves, be deemed Operating Expenses and properly the subject of Annual Assessments. ----- __ _ ----- =_-_ -AA _ _--..\d: - ens ~-TFin me n 711 i~ ry~~ ~~ py per- p- -'1-f-t_~I1--/~- ~- - ~~ 1~~~f- •IT - -]~A{~llVe.741I1°~6°FiFT Pi71°-~a.. f~~rsf~l-Fa~~{VI-6'ITpGI-I~ra°p~ iFF'kf 13r i#Ifst: i+y.f.ae~ the Association or the Common Property, or any part thereof, not herein specifically enumerated and which is determined to be an appropriate item of Operating Expense by the Board shall be an Operating Expense. ARTICLE XIII GENERAL PROVISIONS 1. Lawful Use of Property. Each portion of the Property will be subject to, and the Association and each Owner will conform to and observe all laws, statutes, ordinances, rules and regulations of the United States of America, the State of Florida, the County, the City and any and all other governmental and public authorities having jurisdiction over the Properly relating to the Property, any improvements thereon, orthe use thereof, and no illegal or immoral purpose or use shall be permitted on the Property. 2. Incorporation of Cannery Row Documents. Any and all deeds conveying a Lot, a Residence or any other portion of the Property shall be conclusively presumed to have incorporated therein all of the terms and conditions of Cannery Row Documents, including, without limitation, this Declaration, as amended, and the Articles and By-Laws, as amended, whether or not the incorporation of the terms and conditions of Cannery Row Documents is specifically set forth by reference in such deed, and acceptance by the grantee of such a deed shall be deemed to be acceptance by such grantee of all of the terms and conditions of Cannery Row Documents. 3. Notices. Any notices or other communication required or permitted to be given or delivered hereunder to any Owner shall be deemed properly given and delivered upon the mailing thereof by United States certified mail, postage prepaid, to: (I) any Owner, at the address of the person whose name appears as Owner on the records of the Association at the time of such mailing, or, in the absence of any specific address, at the address of any Residence or Lot owned by such Owner; and (ii) Developer or the Association, at 277 Southeast 5"' Avenue, Delray Beach, Florida 33483, until Developer or the Association shall notify Owners of a different address, or until Developer shall notify the Association of a different address, in which case, any such notice to the Association of a change in Developer's address shall be deemed effective notice to all Owners. 4. Covenants Run With Land. All restrictions, reservations, covenants, conditions and easements contained in this Declaration shall constitute covenants running with the land, and all grantees, devisees, or mortgagees, their heirs, personal representatives, successors and assigns, and all parties claiming by, through or under such persons or entities, agree to be bound by the provisions of this Declaration, as amended, and the Articles and By-Laws, as amended. 5. Enforcement. The covenants and restrictions herein contained or contained in any of Cannery Row Documents may be enforced by Developer, the Association, any Owner or Owners, and any Lenders in anyjudicial proceedings seeking any remedy recognizable at law or in equity, including damages, injunction, or any other form of relief against any person, firm or entity violating or attempting to violate any covenant, restriction or provision hereunder. 6. Effect of Waiver of Violation. The failure by any party to enforce any such covenant, restriction or provision of this Declaration shall in no event be deemed a waiver of such covenant, restriction or provision or of the right of such party to thereafter enforce such covenant, restriction or provision. 7. Captions, Headings and Titles. Article, section and paragraph captions, headings and titles inserted throughout this Declaration are intended as a matter of convenience only and in no way shall such captions, headings and titles define, limit or in any way affect the subject matter or any of the terms and provisions thereunder nor the terms and provisions of this Declaration. 8. Context. Whenever the context so requires, the use of any gender shall be deemed to include all genders, and the singular shall include the plural, and the plural shall include the singular. - - ~ -- e~~.,evatl _ .__ .. ~disp~ assaccrat~ - annex; nw-- Documents shall be entitled to recover all costs thereof, including, without limitation, reasonable attorneys' fees, court costs, legal assistant time, expert witness fees, investigative fees, administrative costs, and all other expenses and charges billed by the attorney to the prevailing party even if not taxable court costs (including, without limitation, all such fees, costs, and expenses incident to arbitration, mediation, appellate, bankruptcy, and post judgement proceedings incurred in any such action, proceeding or appeal, in addition to any other relief to which the party or parties may be entitled), and whether or not suit is instituted. This paragraph shall not apply to the ewaeF-e€~e-Community Facility so long as it is owned by the City of Delray Beach an agency of the City the Delray Beach Community Land Trust or snot-for-profit agency. 10. SeverabilitY. In the event any of the terms or provisions of this Declaration shall be deemed invalid by a court of competent jurisdiction, said judicial determination shall in noway affect any of the other terms and provisions hereof, which shall remain in full force and effect and any provisions of this Declaration deemed invalid by a court of competent jurisdiction by virtue of the term or scope thereof shall be deemed limited to the maximum term and scope permitted by law. 11. Subordination. Developer and the Association agree that their respective interests as provided for in this Declaration shall be and are subordinate to the lien, encumbrance and operation of any existing mortgages encumbering any portion of the Property (as of the date hereof), and any additional, replacement or subsequent mortgages obtained by Developer for the purpose of financing the construction of improvements upon any portion of the Property. While the provisions of this Section are self-operative, the Association nevertheless agrees to execute such instruments in recordable form as may be necessary or appropriate to evidence the foregoing subordination of its interests to any such mortgages and shall do so forthwith upon request of Developer, its successors and assigns. 12. Amendment and Modification. The process of amending or modifying this Declaration shall be as follows: a. Until the Turnover Date, all amendments or modifications shall only be made by Developer without the requirement of the Association's consent or the consent of the Owners; provided, however, that the Association shall, forthwith upon request of Developer, join in any such amendments or modifications and execute such instruments to evidence such joinder and consent as Developer shall, from time to time, request. Provided however that the Developer may not amend or modify the Declaration in a way that would affect the use andlor operation of the Community Facility without the prior written consent of the City an agency of the City the Delray Beach Community Land Trust or a not for profit agency. This restriction of consent of the City shall terminate if the Community Facility is sold to a private party: however, the private owner shall be required to give written consent which consent shall not be unreasonablywithheld, unless it is solely a residential unit, b. After the Tumover Date, this Declaration maybe amended by the consent of not less than two-thirds (Z3) of all Owners entitled to vote in person or by proxy together with the approval or ratification of a majority of the Board. The aforementioned consent of the Owners maybe evidenced by a writing signed by the required number of Owners at any regular or special meeting of the Association called and held in accordance with the By-Laws and evidenced by a certificate of the Secretary of the Association. Provided however that the Owners may not amend or modify the Declaration in a way that would affect the use andlor operations of the Community Facility without the prior written consent of the City, an aAency of the City the Delray Beach Community Land Trust or a not for profit agency This restriction of consent of the City shall terminate if the Community Facility is sold to a private party however the private owner shall be required to give written consent which consent shall not be unreasonably withheld unless it is solely a residential unit, c. Amendments for correction of scrivener's error or other nonmaterial changes maybe made by Developer alone until the Turnover Date, and the Board thereafter, without the consent of Owners. d. Notwithstanding any provision to the contrary herein, no amendment to this Declaration shall be effective which shall impair or prejudice the rights or priorities of Developer, the Association or of any Lenders under this Declaration or any other of Cannery Row Documents without the specific written approval of Developer, the Association, or Lenders affected thereby. Further, notwithstanding --- - -an - rovision=to=tfie~ontra =contained=hereinno-amendment to this-Declaration=shall=be=a#eetive-which would increase the liabilities of the then Owners or prejudice the rights of the Owners or wrier s gues s, invitees, and tenants to utilize or enjoy the benefits of the Common Property unless the Owner or Owners so affected consent to such amendment in writing or unless such amendment is adopted in accordance with the procedures required for adoption of an amendment to this Declaration after the Turnover Date. e. A true copy of any amendment to this Declaration shall be sent certified mail (herein called the "Mailing") by the Association to Developer and to all Lenders requesting notice. The amendment shall become effective upon the recording of a Certificate of Amendment to this Declaration setting forth the amendment or modification amongst the Public Records of Palm Beach County, but the Certificate sha11 not be recorded until thirty (30) days after the Mailing, unless such thirty-day period is waived in writing by Developer and all Lenders. 13. Management and Service Contracts. Any agreement for professional management of the Property, or any other contract for providing services to the Association, except for agreements pertaining to cable television, must provide for a term of not more than one (1) year, and any such agreement must provide for termination by either party without cause and without payment of a termination fee on ninety (90) days written notice. 14. Developer as Owner. Until the Turnover Date, neither Owners nor the Association shall take any action that would interfere with or undermine Developer's promotion and sale of the Lots without first obtaining Developer's written consent to any such action. 15. Rights of Lenders. Upon receipt by the Association from any Lenders of a copy of the mortgage held by such Lenders on a Lot, together with written request therefor from such Lenders, the Association shall timely send to such Lenders the following notice; provided however, that the failure of the Association to send any such notice to any such Lenders shall not have any effect on any meeting, act or thing which was to have been the subject of such notice nor affect the validity thereof, to wit: (I) A copy of any notice of a meeting of the Association or of the Board which is thereafter sent to the Owner of such Lot: (ii) A copy of any financial statement of the Association which is thereafter sent to the Owner of such Lot; (iii) Written notice of any termination by the Association of any professional management of the Property and the assumption by the Association of the self-management of same; (iv) Thirty (30) days prior written notice of the cancellation or termination by the Association of any policies of insurance covering the Common Property or any improvements thereon, or any fidelity bonds of the Association's officers, Directors, or employees as well as copies of any notices of cancellation by others received by the Association with respect thereto; (v) Written notice of any damage or destruction to the improvements located on the Common Property that gives rise to net insurance proceeds being available for distribution to the Owners of the Lots encumbered by the mortgage of such Lenders; (vi) Written notice of any condemnation or eminent domain proceeding or proposed acquisition arising therefrom with respect to the Common Property; (vii) Written notice of any material amendment to, or the abandonment or termination of, this Declaration in accordance with the terms hereof; and (viii) Written notice of any default in the performance by Owner/mortgagor of any obligations under the terms and conditions of this Declaration or the Articles or By-Laws that is not cured within sixty (60) days. 16. Term. This Declaration and the terms, provisions, conditions, covenants, restrictions, reservations, regulations, burdens, benefits and liens contained herein, including, without limitation, the provisions for Assessments shall run with and bind the Property and inure to the benefit of Developer, the Association, Owners, Lenders and their respective legal representatives, heirs, successors and assigns for a term of twenty-five (25) years from the date of the recording of this Declaration among the Public Records of Palm Beach County, after which time this Declaration shall be automatically renewed and extended for successive periods of ten (10) years each unless at least one (1) year prior to the termination of such twenty- five (25) year term or any such ten (10) year extension, there is recorded among the Public Records of the County, an instrument signed by not less than two-thirds (2/3) of the Owners entitled to vote in person or by proxy, together with the approval or ratification of a majority of the Board, agreeing to terminate this Declaration, upon which event this Declaration shall be terminated upon the expiration of thetwenty-five (25) year term or the ten (10) year extension thereof during which the termination instrument is recorded. 17. Dissolution of the Association. The Association may be dissolved with the assent given in writing and signed by not less than two-thirds (2/3) of the Owners entitled to vote in person or by proxy together with the approval or ratification of a majority of the Board. Upon dissolution of the Association as provided herein, other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which this Association was created. In the event that such dedication is refused acceptance, such assets of the Association shall be granted, conveyed and assigned to any non-profit corporation, association, trust or other organization to be devoted to such similar purposes. The dissolution of the Association shall be subject to the provisions of Chapter 617.05 of the Florida Statutes. In the event of dissolution of the Association for whatever reason, any Owner may petition the Circuit Court for the 15th Judicial Circuit of Florida for appointment of a receiver to manage the affairs of the dissolved Association and its properties in place and instead of the Association and to make such provisions as may be necessary for the continued management of the dissolved Association and its properties. In the event of dissolution, the property consisting of the surface water management system shall be conveyed to an appropriate agency of local government, and if such conveyance is not accepted, then the surface water management system will be dedicated to a similar non-profit corporation. IN WITNESS WHEREOF, this Declaration of Covenants and Restrictions for Cannery Row has been signed by Developer on the day and year first above set forth. Signed, Sealed and Delivered in the presence of: CANNERY ROW LLC a Florida limited liability company By: Ironwood Development, Inc., a Florida corporation, its Manager By: STATE OF FLORIDA COUNTY OF PALM BEACH SS. Cary Glickstein, President The foregoing instrument was acknowledged before me this day of 200t~7, by Cary Glickstein, as President of CANNERY ROW LLC, a Florida limited liabilitycompany, who is personally known to me and who did take an oath. Print Name_ Notary Public, State of Florida JOINDER AND CONSENT TO DECLARATION OF COVENANTS AND RESTRICTIONS The undersigned, Cannery Row Homeowner's Association, Inc., herebyjoins in, and consents to, the Declaration of Covenants and Restrictions for Cannery Row, to which this Joinder and Consent is attached. Signed and delivered in the presence of: CANNERY ROW HOMEOWNERS'ASSOCIATION, INC., a Florida corporation not-for-profit By: STATE OF FLORIDA COUNTY OF PALM BEACH Cary Glickstein, President The foregoing instrument was acknowledged before me this day of ,200~7,by Cary Glickstein, as President of CANNERY ROW HOMEOWNERS' ASSOCIATION, INC., a Florida corporation not-for-profit, who is personally known to me and who did take an oath. Print Name: Notary Public, State of Florida EXHIBIT "A" All of CANNERY ROW, according to the Plat thereof, as recorded in Plat Book , Page , of the Public Records of Palm Beach County, Florida EXHIBIT "B" ARTICLES OF INCORPORATION OF CANNERY ROW HOMEOWNERS' ASSOCIATION, INC. EXHIBIT "C" BY-LAWS OF CANNERY ROW HOMEOWNERS' ASSOCIATION MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # ~ • ~ -REGULAR MEETING OF APRIL 17.2007 ORDINANCE N0.15-07 DATE: APRIL 13, 2007 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to amend Chapter 35, "Employee Policies and Benefits", Subheading "Retirement Plan", of the Code of Ordinances of the City of Delray Beach, Florida, by amending Section 35.097, "Retirement Income; Basis, Amount, and Payment', to provide an alternative method for purchasing the optional enhanced multiplier for periods of prior city employment. BACKGROUND At the first reading on April 3, 2007, the Commission passed Ordinance No. 15-07. FUNDING SOURCE N/A RECOMMENDATION Recommend approval of Ordinance No. 15-07 on second and final reading. S:\City Clerk\AGENDA COVER MEMOS\Ordinance Agenda Metros\Ctrd 15-07 Amend Chptr 35 Empbyee Pokcin and Benefits Retirement Plan 2nd Reading.04.13.07.doc ~` ~/ BEACH CITE ~F DELRA'~ CITY ATTORNEY'S OFFICE 1'i"~E } t~~>~L~F ~` ,`' ft,>, ~z ~ ~ ~ <<~ - EFL °R' ° ~~55~~ Writer's Direct Line: 561/243-7091 DELRAY~~BEACH AII-Ami~iii~i MEMORANDUM ry 'DATE: March 29, 2007 1993 TO: City Commission zoos David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Ordinance 15-07 This ordinance amends the General Employee Pension Plan and has the effect of permitting people to use 457 plan monies to purchase an increased multiplier benefit by buying additional credited service. This ordinance will not apply to persons covered by the unions until the impact is bargained. Ple a place th' ordinance on the City Commission agenda of April 3, 2007. SA Attachment Cc: Doug Smith, Assistant City Manager Joe Safford, Finance Director Karen Schell, Pension Coordinator Bruce Koeser, Human Resources Director James W. Linn, Esq. 1z a ORDINANCE NO. 15-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS", SUBHEADING "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 35.097, "RETIREMENT INCOME; BASIS, AMOUNT, AND PAYMENT", TO PROVIDE AN ALTERNATIVE METHOD FOR PURCHASING THE OPTIONAL ENHANCED MULTIPLIER FOR PERIODS OF PRIOR CITY EMPLOYMENT; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A VALIDITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Chapter 35, "Employee Policies and Benefits", subheading, "Retirement Plan", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending section 35.093, "Retirement Income; Basis, Amount and Payment", to read as follows: Sec. 35.097. RETIREMENT INCOME; BASIS, AMOUNT, AND PAYMENT. (N) Optional Enhanced Multiplier. (1) Notwithstanding any provision of the plan to the contrary, an eligible participant may elect a normal retirement benefit or early retirement benefit equal to three percent (3%) of final monthly compensation multiplied by credited service, expressed in years and tenths of a year, up to a maximum of thirty (30) years. Participants electing this enhanced multiplier shall thereafter contribute three and forty-five one-hundredths percent (3.45%) of earnings to the Plan in addition to the participant contribution specified in Section 35.095, and shall receive the enhanced multiplier for future periods of credited service only. Such participants may also elect to purchase the enhanced multiplier for some or all periods of continuous service prior to the date of the election, by paying into the Plan the full actuarial cost of the enhanced multiplier, plus the full cost of any actuarial or other professional services required. Such payment may be made by cash lump-sum payment or by a direct rollover of an eligible rollover distribution or a member contribution of an eligible rollover distribution from an individual retirement account described in Section 408(a) of the Internal Revenue Code, an individual retirement annuity described in Section 408(b) of the Internal Revenue Code (other than an endowment contract), an annuity plan described in Section 403(a) of the Internal Revenue Code, a qualified trust described in Section 401(a) of the Internal Revenue Code Section or an annuity contract described in Section 403(b) of the Internal Revenue Code. Alternativel ~~a participant who also partic~ates in a Section 457(b) plan may purchase additional credited service in an amount sufficient to provide an additional benefit equal to the benefit produced by applyin~ the enhanced multiplier provided in this subsection to some or all periods of continuous service prior to the date of the election, by paving into the Plan the full actuarial cost of such additional benefit, plus the full cost of any actuarial or other professional services required; with payment for such alternative purchase made by a direct transfer from the participant's 457(b) account. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not operate to invalidate the remainder hereof. Section 3. That this ordinance shall become effective immediately upon its passage on second and final reading, except as to plan participants who are covered under a collective bargaining agreement. This ordinance shall become effective as to the excluded employees immediately upon the date of ratification and execution of a collective bargaining agreement or memorandum of understanding that includes the provisions of this ordinance. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2007. MAYOR ATTEST: City Clerk First Reading Second Reading ORD. NO. 15-07 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: RONALD R. HOGGARD, JR., AICP, PRINCIPAL PLANNER THROUGH: PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: April 12, 2007 SUBJECT: AGENDA ITEM # -APRIL 17.2007 _ CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDRS) SUBSECTIONS 4.6.7(H)(8), "RESIDENTIAL", TO PROVIDE ADDITIONAL CLARIFICATION REGARDING RESIDENTIAL REAL ESTATE SIGNS, (H)(9), "WINDOW SIGNS", TO PROVIDE CLARIFICATION REGARDING SIZE OF SIGNS, (H)(10), "TEMPORARY SIGNS", TO PROHIBIT TEMPORARY NON-COMMERCIAL SIGNS IN PUBLIC RIGHTS OF WAY CONTIGUOUS TO PUBLIC PROPERTY, AND WHERE ALLOWED, TO PROVIDE TIME LIMITS FOR THEIR REMOVAL. The item before the City Commission is approval of aCity-initiated amendment to the Land Development Regulations to provide clarification to the code provisions for certain types of signs. BACKGROUND On January 2, 2007, the City Commission approved Ordinance 7&06, which repealed the old sign code and enacted a new sign code to comply with recent case law from the Eleventh Circuit Court that found that the regulation of signage cannot be based on sign content. The new code removed (to the extent that it was possible) any reference to the content of a sign by removing and/or renaming content-based descriptions. Additional changes were also implemented at that time in order to make the sign code more user-friendly. The purpose of the proposed City-initiated amendment is to provide additional clarification to the code provisions for residential real estate signs, window signs and temporary signs. These types of signs do not require a permit. Residential real estate signs are limited to one sign per street frontage and shall not be illuminated. In addition to being allowed on private property, temporary non-commercial signs are also allowed in public rights-of--way when placed adjacent to private property. They are not permitted to be placed in medians or on portions of rights-of-way contiguous to public property. When located within public rights-of-way, these signs are limited to 3 square feet in size and must be removed within 10 days after the date of the event, election or referendum. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on March 19, 2007. No one from the public spoke on the issue. The Board discussed the Ordinance and recommended approval on a 7 to 0 vote, 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. A memo is attached regarding the staffs review of the illumination of real estate signs with the realtor's association. RECOMMENDATION By motion, approve on first reading Ordinance No. 14-07, amending Land Development Regulations (LRDs) Subsections 4.6.7(H)(8), "Residential", to provide additional clarification regarding residential real estate signs, (H)(9), "Window Signs", to provide clarification regarding size of signs, and (H)(10), uTemporary Signs", to prohibit temporary non-commercial signs in public rights of way contiguous to public property, and where allowed, to provide time limits for their removal, by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5), with second reading to occur on April 17, 2007. Attachments: ^ Ordinance No. 14-07 ^ Planning & Zoning Statf Report of March 19, 2007 12. R Writer's Direct Line: 561/243-7090 MEMORANDUM DATE: April 12, 2007 TO: City Commission FROM: Terrill C. Barton, Assistant City Attorney SUBJECT: Ordinance 14-07 Pertaining to Signs On Thursday, April 12, 2007, Susan Ruby, Lula Butler and Terrill Barton met with Gabrielle Bargerstock, Government Affairs Specialist of the Realtors Association of the Palm Beaches, fnc., and discussed residential real estate signs and the provision in Ordinance 14-07 that amends Section 4.6.7(H)(8)3 to s#ate, "all real estate signs shall be non-illuminated." This provision was inadvertently eliminated when the sign code was amended in January, 2007 via Ordinance 78-06. Prior to the passage of Ordinance 78-06 in January, 2007, real estate signs were required to be non-illuminated pursuant to Section 4.6.7(H)(8)3 of the LDRs. Therefore, this addition is merely adding what was in the code three (3) months before. There was concern expressed by the Realtors Association of the Palm Beaches, however, that there is likely to be a new touch screen technology that may be applicable to real estate signs in the foreseeable future that will likely require illumination in order to allow a passerby to view the interior of a structure via touch-screen technology rather than the standards paper flyers in the information tubes that have been used in the past. Per Ms. Bargerstock, however, this technology, though foreseeable, is not currently in use by realtors and may not be in use in the real estate industry for another couple of years. Due to the speculative nature of the applicability of these technological advances to real estate signs, it was agreed upon by all present at the meeting that the section of the sign code pertaining to illumination of residential real estate signs (Section 4.6.7(H)(8)3), may be revisited at a future date to address the changes in real estate signs but to do so now is somewhat difficult due to our inability to accurately define how this new technology may or may not be applied to real estate signs in the future. City Commission April 12, 2007 Page 2 It should be noted that the term "illuminated sign", is currently defined in Appendix "A" of our LDRs as "a sign with an internal or external artificial light source". Lula Butler explained in the meeting that landscape lighting that is used to indirectly illuminate a real estate sign is not a code violation. As a result of the foregoing, our office is of the opinion that Ordinance 14-07, which is merely correcting a typographical error that was made in Ordinance 78-06 with regard to the illumination of residential real estate signs, shall continue to prohibit the illumination of residential real estate signs until additional technological advances are implemented by the real estate industry with regard to signs at which point this topic may be revisited. TCBamk cc: David T. Harden, City Manager ORDINANCE NO. 14-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE 78-06 BY AMENDING SUBSECTIONS 4.6.7(H)(8), "RESIDENTIAL", TO PROVIDE ADDITIONAL CLARIFICATION REGARDING RESIDENTIAL REAL ESTATE SIGNS, (H)(9), "WINDOW SIGNS", TO PROVIDE CLARIFICATION REGARDING SIZE OF SIGNS, (H)(10), "TEMPORARY SIGNS", TO PROHIBIT TEMPORARY NON- COMMERCIAL SIGNS IN PUBLIC RIGHTS OF WAY CONTIGUOUS TO PUBLIC PROPERTY AND PROVIDE TIME LIMITS FOR REMOVAL; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on March 19, 2007 and voted 7 to 0 to recommend that the changes be approved; and WHEREAS, sign types described herein are related in other ways to the functions they serve and the properties to which they relate [See Bond, Making Sense of Billboard Law: Justifying Prohibitions and Exemptions, 88 Mich.L.Rev. 2482 (1980)]; and WHEREAS, in narrowly drawing and tailoring provisions for regulating signage, the City Commission finds and determines that the exercise of its police power for such regulation should not extend to objects such as artwork or temporary holiday/seasonal decorations that are not typically associated with or considered signage; and WHEREAS, in narrowly drawing and tailoring provisions for regulating signage, the City Commission finds and determines that it is not necessary to regulate and/or require permitting for certain sign-types not otherwise prohibited based upon the function they serve, and such sign-types include street address signs, nameplate/occupant identification signs, noncommercial onsite directional and parking signs, warning and safety signs, machinery and equipment signs, and garage-yard sale signs, as well as bulletin boards for zoned lots for public/semi-public uses. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Four, "Zoning Regulations", Section 4.6.7(H)(8), "Residential" is hereby amended to read as follows: (8) Residential. (a) Residential Real Estate Signs: 1. One sign per lot, the sign being not greater than three square feet (3 sq.ft.) in area on residentially zoned property however, where a lot is bordered by more than one (11 street. one sign may be erected on each street; 2. One additional sign per lot may be erected on a lot which borders a waterway °~a i~y r~.. ~~ ~° '~~~ provided that the additional sign is located along the waterway . Such sign shall not exceed nine square feet (9 sq.ft.) in area; 3. All real estate signs shall be non-illuminated; ~ 4. An additional sign or "rider" sign, of not greater than three square feet (3 sq.ft.), may be attached to or accompany a real estate sign. Section 2. That Chapter Four, "Zoning Regulations", Section 4.6.7(H)(9), "Window Signs", is hereby amended to read as follows: (9) Window Signs. 1. Plastic or painted signs may be placed upon windows when limited to 20% of the aggregate glass area, per tenant space or per main use. 2. Paper signs displayed two feet (2') or more from the inside of the glass but which are visible from the outside shall be limited to 20% of the aggregate window area, per tenant space. Section 3. That Chapter Four, "Zoning Regulations", Section 4.6.7(H)(10), "Temporary Signs", is hereby amended to read as follows: (10) Temporary Signs: (a) Temporary Non-Commercial Signs 1. Temporary non-commercial signs may be placed on public rights-of--ways contiguous to private property. Such signs shall not be placed in medians or on portions ofrights-of--way contiguous to publicly owned property. 2 ORD NO. 14-07 2. Each temporary non-commercial sign within a public right-of--way shall be removed within ten (10Lys after the date of event, election or referendum. If said signs are not removed prior to the expiration of the ten (10) day period, the sign shall constitute an abandoned sign and the City shall remove the sign. 3. ~- No temporary non-commercial sign shall exceed twelve square feet (12 sq.ft.) per sign face in area on any private lot or parcel. Signs may not be placed in a location that constitutes a safety hazard or hindrance to pedestrian or vehicular traffic. ~4. Andtemporary non-commercial sign in the public right-of--way shall not exceed three square feet (3 sq.ftl. No temporary non-commercial sign shall be placed on any public property. Signs ma~not be placed in a location that constitutes a safety hazard or hindrance to pedestrian or vehicular traffic. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such division shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. By adopting this ordinance, the City Commission intends that each part shall be separate from one another and any part declared to be invalid or unconstitutional shall not affect the validity of any remaining portions of the ordinance. Section 5. That all ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective immediately upon passage. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2007. MAYOR ATTEST: City Clerk First Reading: Second Reading: 3 ORD NO. 14-07 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE: MARCH 19, 2007 AGENDA NO: IV. D. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDRS) SUBSECTIONS 4.6.7(H)(8), "RESIDENTIAL", TO PROVIDE ADDITIONAL CLARIFICATION REGARDING RESIDENTIAL REAL ESTATE SIGNS, (H)(9), "WINDOW SIGNS", TO PROVIDE CLARIFICATION REGARDING SIZE OF SIGNS, (H)(10), "TEMPORARY SIGNS", TO PROHIBIT TEMPORARY NON- COMMERCIAL SIGNS IN PUBLIC RIGHTS OF WAY CONTIGUOUS TO PUBLIC PROPERTY, AND WHERE ALLOWED, TO PROVIDE TIME LIMITS FOR THEIR REMOVAL. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding a City-initiated amendment to the Land Development Regulations to provide clarification to the code provisions for certain types of signs. 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. BACKGROUND !ANALYSIS On January 2, 2007, the City Commission approved Ordinance 78-06, which repealed the old sign code and enacted a new sign code to comply with recent case law from the Eleventh Circuit Court that found that the regulation of signage cannot be based on sign content. The new code removed (to the extent that it was possible) any reference to the content of a sign by removing and/or renaming content-based descriptions. Additional changes were also implemented at that time in order to make the sign code more user-friendly. The purpose of the proposed City-initiated amendment is to provide additional clarification to the code provisions for residential real estate signs, window signs and temporary signs. These types of signs do not require a permit. Residential real estate signs are limited to one sign per street frontage and shall not be illuminated. In addition to being allowed on private property, temporary non-commercial signs are also allowed in public rights-of-way when placed adjacent to private property. They are not permitted to be placed in medians or on portions of rights-of- way contiguous to public property. When located within public rights-of-way, these signs are limited to 3 square feet in size and must be removed within 10 days after the date of the event, election or referendum. REQUIRED FINDINGS LDR Section 2.4.5(M)(5) (Findings): 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. IV. D. Planning and Zoning Board Memorandum Staff Report, March 19, 2007 Amendment to LDRs Pertaining to the Sign Code Page 2 Comprehensive Plan Policies: The goals, objectives and policies of the Comprehensive Plan were reviewed and there are no applicable goals, objectives or policies noted. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. REV{EW BY OTHERS Courtesy Nofices: Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The purpose of this City-initiated LDR text amendment is to provide clarification to the code provisions for certain types of signs that do not require a permit. Positive findings can be made with respect to LDR Section 2.4.5(M)(5}. RECOMMENDED ACTION Move a recommendation of approval to the City Commission, amendment to the Land Development Regulations (LRDs) Subsections 4.6.7(H)(8), "Residential", to provide additional clarification regarding residential real estate signs, (H)(9), "Window Signs", to provide clarification regarding size of signs, and (H)(10), "Temporary Signs", to prohibit temporary non- commercial signs in public rights of way contiguous to public property, and where allowed, to provide time limits for their removal, by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5). Attachment: • Proposed Ordinance MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: Susan A. Ruby, City Attorney DATE: April 12, 2007 SUBJECT: AGENDA ITEM # ~ ~ • ,U -REGULAR MEETING OF APRIL 17.2007 ORDINANCE 17-07 -NON-SPOUSE BENEFICIARIES ITEM BEFORE COMMISSION This item is before the City Commission for approval of Ordinance 17-07 amending chapter 35, "Employees Policies and Benefits", Subheading "Retirement Plan", of the Code of Ordinances by amending section 35.097, "Retirement Income; Basis, Amount and Payment", providing for direct rollovers to an individual retirement account by anon-spouse beneficiary. BACKGROUND This ordinance reflects changes to the Pension Protection Act of 2006 which allows for a designated non-spouse beneficiary to make a direct rollover of a distribution from the plan to an individual retirement account or annuity. FUNDING SOURCE N/A RECOMMENDATION Recommend approval of Ordinance 17-07 on first reading. cc: Doug Smith, Assistant City Manager Chevelle Nubin, City Clerk Joe Safford, Finance Director Kazen Schell, Pension Coordinator ORDINANCE NO. 17-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEES POLICIES AND BENEFITS", SUBHEADING "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 35.097, "RETIREMENT INCOME; BASIS, AMOUNT AND PAYMENT", PROVIDING FOR DIRECT ROLLOVERS TO AN INDIVIDUAL RETIREMENT ACCOUNT BY A NONSPOUSE BENEFICIARY; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A VALIDITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Chapter 35, "Employee Policies and Benefits", subheading, "Retirement Plan", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending section 35.097, "Retirement Income; Basis, Amount and Payment", subsection (L), "Direct Transfers of Eligible Rollover Distributions", to read as follows: Sec. 35.097. RETIREMENT INCOME BASIS AMOUNT AND PAYMENT (L) Direct Transfers of Eligible Rollover Contributions. (1) General. This subsection Sestie~ applies to distributions made on or after January 1, 1993. Notwithstanding any provision of the system to the contrary that would otherwise limit a distributee's election under this subsection £est~ie~, a distributee may elect, at the time and in the manner prescribed by the Board, to have any portion of an eligible rollover paid directly to an eligible retirement plan specified by the distributee in a direct rollover. (2) Definitions. Eligible rollover distribution. Any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include: any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated beneficiary, or for a specified period of ten (10) years or more; any distribution to the extent such distribution is required under Section 401(a)(9) of the Internal Revenue Code; and the portion of any distribution that is not includable in gross income. Eligible retirement plan. An eligible retirement plan is an individual retirement account described in Section 408(a) of the Internal Revenue Code, an individual retirement annuity described in Section 408(b) of the Internal Revenue Code (other than an endowment contract), and annuity plan described in Section 403(a) of the Internal Revenue Code, qualified trust described in Section 401(a) of the Internal Revenue Code, an eligible deferred compensation plan described in Section 457(b) of the Internal Revenue Code which is maintained by an eligible employer described in Section 457(e)(1)(A) of the Internal Revenue Code, or an annuity contract described in Section 403(b) of the Internal Revenue Code, that accepts the distributee's eligible rollover distribution. Distributee. Includes an employee or former employee. In addition, the employee's or former employee's surviving spouse is a distributee with regazd to the interest of the spouse. Direct rollover. A payment by the plan to the eligible retirement plan specified by the distributee. (3) Rollovers or Transfers into the Fund. On or after the effective date of Ordinance No. 57-02 [Jan. 7, 2003], the fund will accept member rollover cash contributions and/or direct cash rollovers of distributions for the purchase of credited service pursuant to Section 35.093(E), as follows: the plan will accept either a direct rollover of an eligible rollover distribution or a member contribution of an eligible rollover distribution from a qualified plan described in Section 403(a) of the Internal Revenue Code, from an annuity contract described in Section 403(b) of the Internal Revenue Code, or from an eligible plan under Section 457(b) of the Internal Revenue Code, which is maintained by a State, political subdivision of a State, or any agency or instrumentality of a State or political subdivision of a State. (4) Direct Rollover to an IRA by Nonspouse Beneficiary. In accordance with Section 829 of the Pension Protection Act of 2006 on and after the effective date of this ordinance the plan will allow a designated nonspouse beneficiary to make a direct rollover of a distribution from the plan to an individual retirement account or annuity described in Section 408(a) or (b) of the Internal Revenue Code. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same aze hereby repealed. Section 3. That if any section, subsection, paragraph, sentence or word or other provision of this ordinance, or any portion thereof, or its application to any person or circumstance, be declazed by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of any other section, 2 subsection, paragraph, sentence or word or provision or its application to other persons or circumstances and shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declazed to be invalid. Section 4. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the ~ day of , 2007. ATTEST: City Clerk First Reading MAYOR Second Reading