Agenda Reg 05-07-02City of Delray Beach
Regular Commission Meeting
Tuesday. May 7, 2002
Regular Meeting 6:00 p.m.
Public Hearings 7:00 p.m.
Commission Chambers
Delray Beach City Hall
100 NW 1st Avenue
Delray Beach, Florida 33~
Phone: (561) 243-7000
Fax: (561) 243-3774
RULE8 FOR PUBLIC PARTICIPATION
1. PUBLIC COMMENT: The public is encouraged to offer comments with the
order of presentation being as follows: City Staff, publ/c comments, Commission
discussion and official action. City Commission meetings are business meetings
and the right to limit discussion rests with the Commission. Generally, remarks
by an individual will be limited to three minutes or less. The Mayor or
presiding officer has discretion to adjust the amount of time allocated.
Public Hearings: Any citizen is entitled to speak on items under this
section.
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Comments and Inquiries on Non-Agenda Items from the Public: Any citizen
is entitled to be heard concerning any matter with/n 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.
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Regular Agenda and First Reading Items: When extraordinary
circumstances or reasons exist and at the discretion of the Commission,
citizens may speak on any official agenda item under these sections.
2. 8IGN 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. ADDRE88ING 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 PROCEDURE8
Please be advised that ff 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 thc testimony and evidence
upon which the appeal is based. The City neither provides nor prepares such
record.
The City will furnish auxiliary aids and services to afford an individual with a
disability an opportunity to participate in and enjoy the benefits of a service,
program, or activity conducted by the City. Contact Doug Randolph at 243-
7127 (voice) or 243-7199 (II)D), 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.
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INVOCATION.
PLEDGE OF ALLEGIANCE TO THE FLAG.
AGENDA APPROVAL
APPROVAL OF MINUTES:
April 2, 2002 - Regnl~r Meeting
April 8, 2002 - Special Meeting
April 16, 2002 - Regular Meeting
PROCLAMATIONS:
National Preservation Week - May 12 - May 18, 2002
Kids Day America/International - May 18, 2002
National Safe Boating Week - May 18 - May 25, 2002
National Public Works Week - May 19 - May 25, 2002
PRESENTATIONS:
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Awards Presentation - Historic Preservation Week Poster Contest
National Recreation and Parks Association Aquatics Award
Speeding on Lindell Boulevard
CONSENT AGENDA: City Manager Recommends Approval.
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RATIFICATION OF THE SOUTH CENTRAL REGIONAL WA~$TEWATER
TREATMENT AND DISPOSAL BOARD ACTIONS; Approve and ratify the
actions of the South Central Regional Wastewater Treatment and Disposal Board at
their Quarter Annual Meeting of April 18, 2002.
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DISTRIBUTION OF FY 2003 DRUG CONTROL ~ SYSTIEM
IMPROVEMENT FUNDS: Approve the distribution of FY 2003 Drag Control &
System Improvement (DCSI) funds (aka Byme funds) in the amount of $730,760 as
recommended by the Criminal Justice Commission, and authorize the Mayor to send a
letter agreeing to the allocation of these funds.
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AWARD OF CONTRACT/CIGNA: Approve the City's Group Long-Term
Disability Plan with CIGNA effective May 1, 2002 for a period of two (2) years.
ADVANCED PUBLIC SAFETY. INC. AGREEMENT: Approve an agreement
between the City of Delray Beach and Advanced Public Safety, Inc. for the research,
development of technology and equipment, and implementation of the Advanced
Public Safety (APS) Software for the Delray Beach Police Depaxlment.
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CITY OF D1ZLRAy BEACH/CRA/SANDERSON AGREEMENT: Approve an
agreement between the City of Delray Beach, Community Redevelopment Agency, and
David Sanderson in the total amount of $23,830.00 for the splitting of the cost of
installing drainage and brick pavers in the alley on the south side of Atlantic Avenue and
just east of Northbound U.S. 1.
AMENDMENT NO. $/MATCHPOINT, INC. AGREEMENT: Approve
Amendment No. 5 to the agreement between the City of Delray Beach and MatchPoint,
Inc. which provides that Matchpoint no longer has the right to sell naming fights for the
Tennis Center.
LOCAL DOMESTIC PREPAREDNESS EOUIPMENT PROGRAM
AGREEMENT: Approve an agreement between the City of Delray Beach, City of
Boca Raton, and the Division of Emergency Management to accept $165,000 worth of
monitoring devices and other equipment used to respond to hazardous material
incidents and other acts related to terrorist activities.
RESOLUTION NO. 40-02: Approve a resolution requesting funds from the Palm
Beach County Emergency Medical Services Grant Award program to be used for the
purchase of one (1) Electronic Capnography Device, one (1) 12-Lead Monitor
Defibrillator, and one (1) Automatic Transport Ventilator.
CONTRACT ADDITION/RPM GENERAL CONTRACTORS. INC.:
Approve a Contract Addition (C.O. ;gl) to the ESD/Police Depaxinxent Interior
Modifications Project in the amount of $32,060.00 to RPM General Contractors, Inc.
for the restoration of the cupolas at Fire Headquarters. Funding is available from 334-
6112-519-46.10 (Repair and Maintenance/Building Maintenance).
MODIFICATION TO PARKING LICENSE AGREEMENTS: Approve the
modification to Parking License Agreements regarding enforcement provisions and
non-restricted use of queuing areas by licensees.
ACCEPTANCE OF F_.,ASTMENT DEED/H & S DEVELOPMENT: Approve
and accept an easement deed granting to the City the means to maintain a sanitary sewer
main that will be constructed by the developer of a warehouse building located on the
south side of S.W. 10* Street just east of 1-95.
BID AWARD/SOUTHEASTERN PUMP CORPORATION: Approve a contract
award to second lo,vest bidder, Southeastern Pump Corporation at an estimated annual cost
of $65,270.00 for submersible wastewater pumps. Funding is available from 441-5144-
536-46.20 (Y~/ater/Sewer Fund/Equipment Maintenance).
~IAL SUBDMSION PLAT APPROVAL/TOWN PLACE AT DELRAY:
Approve the subdivision plat for Town Place at Delray, located at the southwest
intersection of N.E. 6~ Avenue and N.E. 2~ Street.
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FINAL SUBDMSION PLAT APPROVAL/BORTON MOTORS PLAT 2;
Approve the boundo_ry plat for Borton Motors, located on the east side of North
Federal Highway north of the Borton Volvo Property.
DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY; Approve fund
subsidies for five (5) eligible applicants/families in the amount of $18,226.00 for 315
NW 12' Avenue, $20,250.00 for 131 NW 11' Avenue, $20,250.00 for SW 8' Avenue,
$22,500.00 for SW 6' Avenue, and $22,500.00 for SW 6' Avenue. This brings the
number to 142 homeowners assisted under the Renaissance Program. Funding is
available from 118-1924-554-83.01 (SHIP Program).
HOUSING REHABILITATION GRANT\CONTRACT AWARDS; Approve
Housing Rehabilitation grant\contract awards through Community Development
Division in the amounts of $22,470.00 to Craftsman Plus, Inc. (310 NW 7* Avenue),
$15,718.50 to Henry L. Haywood (1302 Prospect Street), $17,325.00 to South Florida
Construction (618 SW 5* Avenue), $20,616.75 to Alpha South Construction (328 NW
11' Avenue), $14,568.75 to Preston Construction (108 SW 8* Stree0. Funding is
available from 118-1963-554-49.19 (SHIP Housing Rehabilitation Grant).
SPECIAL EVENT/3~ ANNUAL HAITIAN FLAG DAY CEI.EBRATION.
Approve a request for special event approval for the 3e Annual Haitian Flag Day
Celebration to be held on Sunday, May 19, 2002, including temporary use permit per
LDR Section 2.4.6(H) for use of Merritt Park, use and set up of City stage, staff support
for security, trash removal, and consideration of waiving overtime costs.
RESOLUTION NO. 414)2: Approve Resolution No. 41-02 authorizing the
Community Redevelopment Agency (CRA) to acquire BiLo Market and Laundry by
gift, purchase, or eminent domain.
PINEAPPLE GROVE MAIN STREET, INC. AGREEMENT; Approve an
agreement between the City of Delray Beach and Pineapple Grove Main Street, Inc. in
the amount of $45,000.00 for the reimbursement of expenses for certain streetscape
elements.
ITEM MOVED TO REGULAR AGENDA AS ITEM
GRANT APPLICATION TO CHII.r)REN, S SERVICES COUN(~II.. Authorize
staff to submit a grant application to the Children's Services Council (CSC) for funding
in the approximate amount of $130,328.00 for the City's out of school program, day
camps and summer camp programs.
SHERWOOD FORE.qT HOMEOWNERS ASSOC!&TION TRAFFIC
ENFORCEMENT AGREEMENT; Approve an agreement between the City and
Sherwood Forest Homeowners Association for Community Policing on its property.
SUBORDINATION AGREEMENT FOR COMMUNITY DEVELOPMENT
FUNDING RECIPIENT; Authorize and approve subordination of the City's second
mortgage in the amount of $16,775.00 to allow the applicant to secure new financing.
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05-0%2002
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REVIEW OF APPFa~I.ABLE LAND DEVELOPMENT BOARD ACTIONS;
Accept the actions and decisions made by the Land Development Boards for the period
April 15, 2002 through May 3, 2002.
AWARD OF BIDS AND CONTRACTS:
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Purchase award to Turner Outdoor Equipment in the total amount of
$22,623.44 via the Orange County School Board Bid #99-04-08 for one (1)
John Deere Tractor/Front End Loader for the Delray Beach Golf Course.
Funding is available from 445-4761-572-64.90 (Delray Beach Municipal Golf
Course Fund/Other Machinery/Equipment).
Purchase award to Hector Turf in the amount of $17,499.39 via General
Services Administration (GSA) contract #GS-07F-8722D (181-10) for one (1)
Greensmaster 3100 (18I-IP) tractor. Funding is avaihble from 4464761-572-
64.90 (Lakeview Golf Course Fund/Other Machinery/Equipment).
Service award to Pressure Cleaning Services, Inc. (sole service provider) in the
total amount of $16,800.00 for the cleaning (descaling) of Clarifier #1 at the
Water Treatment Plant. Funding is available from 441-5122-536-34.90 (Water
Treatment & Storage/Other Contractual Services).
Purchase award to Municipal Code Corporation in the amount of $14,000.00 for
the reprint and codification of the City Code of Ordinances to include thirty-
seven (37) new books and a computer software program. Funding is avuihble
from 001-1411-512-47.90 (Other Printing Costs).
REGULAR AGENDA:
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APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD
DECISION/SHERWOOD PONTIAC DEALERSHIP; Consider an appeal of a
decision of the Site Plan Review and Appearance Board's action regarding Sherwood
Pontiac Dealership, located on the west side of Federal Highway, south of Linton
Boulevard. Quasi-Judicial Hearing
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APPEAL OF BUILDING OFFICIAL DECISION/CORAL TRACE: Consider
an appeal of a decision of the Chief Building Official's action regarding the 6 month
extension of an on-site construction trailer in the Coral Trace Subdivision.
CONDITIONAL USE REOUEST/PINEAPPLE GROVE VII.I.&GE: Consider
a conditional use request to allow a density in excess of thirty 00) dwelling units per
acre 09.2 units per acre) for the proposed 160 unit Pineapple Grove Village Apat~t~ent
Complex, located on the east and west sides of N.E. 3~ Avenue, between N.E. 3'd Street
and N.E. 2~d Street and extends approximately 154 feet south of N.E. 2~d Street.
Quasi-Judicial Hearing
05-07-2002
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REOUEST FOR IN-LIEU PARKING SPACES/SAN SEBASTIAN: Consider a
request by San Sebastian for the purchase of six (6) in-lieu parking spaces and the
construction of fifteen (15) on-street parking spaces in adjacent fights-of-way. San
Sebastian, a proposed thirty-two (32) unit townhouse development, is located at the
southeast and southwest comer of N.E. 5th Avenue and N.E. 3rd Street.
REOUEST FOR SIDEWALK DEFERRAL/1021 LEWIS COVE ROAD:
Consider a request from Cheryl Coletti to defer the installation of a sidewalk in front of
1021 Lewis Cove Road (Delray Beach Shores Subdivision). Staff recommends
approval.
SPECIAL EVENT REOUEST/4~ ANNUAL GARLIC FESTIVAL: Consider a
request for special event approval for the 4~ Annual Garlic Festival to be held
November 1-3, 2002, including temporary use permit for use of City fights-of-way, sign
code waiver to allow signs more than one week prior to the event, staff assistance as
requested, and consideration of waiver of up to 50% of staff overtime.
JOINT VENTURE REOUEST/EXTEND CLOSING TIME OF SANDOWAY
PARKING LOT: Consider a request from Joint Venture to extend the dosing time of
the Sandoway Parking Lot on May 17, 2002 until 11:00 p.m. to accommodate the Hot
Air Balloon Glow.
RESOLUTION NO. 38-02: Consider approval of Resolution No. 38-02 authorizing
the City to purchase property for stormwater retention located east of Congress Avenue
and on the north side of Dr. Carol Kroll Way; and Contract for Sale and Purchase
between the City and Reddy Ice Corporation in the amount of $661,400.00.
RAMBLIN ROSE LICENSE AGREEMENT: Consider a request to Dane Mark's
Ramblin' Riverboat, Inc. license agreement for a reduced summer schedule of three
days per week with a $600.00 monthly payment.
RESOLUTION NO. 37-02 (MID-YEAR BUDGET AD_IUSTMENT): Consider
approval of a resolution making mid-year adiustments to the adopted budget for FY
2002.
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pURCHASE OF BREEZY RIDGE PROPERTIES: Consider approval of
contracts for the purchase of twenty-two (22) Breezy Ridge properties.
PUBLIC HEARINGS:
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE
PUBLIC- IMMEDIATELY FOI.I.OWING PUBLIC HEARINGS.
A. City Manager's response to prior public comments and inquiries.
B. From the Public.
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FIRST READINGS:
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ORDINANCE NO. 13-02: An ordinance mending the historic designation adopted
via Ordinance No. 70-89 and Ordinance No. 70-90 for the "Fontaine Fox House"
historic site located on the east and west sides of Ocean Boulevard, south of George
Bush Boulevard (610 and 615 North Ocean Boulevard). If passed, a quasi-judicial
hearing will be held on May 21, 2002.
ORDINANCE NO. 14-02: An ordinance mending Chapter 71 of the City Code of
Ordinances by enacting Section 71.092 "Immobili~.ation of vehicles by the City to
collect outstanding parking fines". If passed, a public hearing will be held on May 21,
2002.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
A. City Manager
B. City Attorney
C. City Commission
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05-07-2002
APRIL 2~ 2002
A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was
called to order by Mayor David W. Schmidt in the Commission Chambers at City Hall at 6:00 p.m.,
Tuesday, April 2, 2002.
1_. Roll call showed:
Present -
Commissioner Patricia Archer
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Commissioner Jeff Perlman
Mayor David W. Schmidt
Absent -
None
Also present were -
City Manager David T. Harden
Assistant City Manager Robert A. Barcinski
City Attorney Susan A. Ruby
City Clerk Barbara Gadto
2_. The opening prayer was delivered
Church.
by Pastor Ryan Price with West Park Baptist
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The Pledge of Allegiance to the flag of the United States of America was given.
AGENDA APPROVAL.
Mayor Schmidt noted the addition of Item 8.Q.4., Award of Bids and Contracts to
the Consent Agenda by addendum.
Also, Mayor Schmidt stated he has received a request to postpone the reading of the
National Bike Month Proclamation to the Regular City Commission Meeting of April 16, 2002.
Mr. Levinson requested that Item 8.K., Selection of Implementation
Committee/Downtown Delray Beach Master Plan be pulled from the Consent Agenda and moved
to the Regular Agenda as Item 9.A.A.
Mr. Perlman requested that Item 8.H., FEC Railway Agreement be pulled fi'om the
Consent Agenda and moved to the Regular Agenda as Item 9.A.A.A.
Dan Marfino, Principal Planner, requested that Item 8.E., Resolution No. 30-02, be
pulled from the Consent Agenda and moved to the Regular Agenda as Item 9.A.A.A.A.
Mr. Levinson moved to approve the Agenda as amended, seconded by Mr. Perlman.
Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote.
APPROVAL OF MINUTES:
Mr. Perlman moved to approve the Minutes of the Special Meeting of March 13, 2002,
seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion
passed with a 5 to 0 vote.
Mr. Perlman moved to approve the Minutes of the Regular Meeting of March 19,
2002, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson -
Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said
motion passed with a 5 to 0 vote.
PROCLAMATIONS:
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Recognizing and commending Jonathan Arehart
Mayor Schmidt read and presented a proclamation hereby recognizing and
commending JONATHAN AREHART for his immediate and appropriate action in an emergency.
Mayor Schmidt stated Mr. Arehart's willingness to learn how to use the AED and respond to an
emergency exemplifies the highest and best in the human spirit.
Kerry Koen, Fire Chief, thanked Jonathan Arehart for his immediate and appropriate
action in an emergency situation in which he saved a life.
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Commending multiple medal winners - Delra¥ Beach 2002 Senior Games
Mayor Schmidt read and presented a proclamation hereby proclaiming that Helen
Allen, Kevin Doyle, Jack Fine, Robert Fine, Larry Fleischman, Joel Fox, Dr. Herbert Furash,
Loring E. Holmes, Benjamin Jimenez, Marshall Johnson, Justin Langsner, Lloyd Long, James
McGinnis, Ed Noble, Martin Quinn, Ed Rangel, Robert Spaulding, Yvonne Tasker-Rothenberg
and Don Zaccardo be commended for their many triumphs in this competition, and for their spirit
and enthusiasm.
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Proclaiming April 10t 2002 as Arbor Day
Mayor Schmidt noted a proclamation hereby proclaiming Wednesday, April 10, 2002,
as ARBOR DAY and urged all citizens, schools, and organizations in the community to join in
realizing the value and need for trees and to plant a ceremonial tree on this date.
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6.9.
Proclaiming April 2002 as Fair Housing Month
Mayor Schmidt read and presented a proclamation hereby proclaiming April 2002 as
Fair Housing Month in the City of Delray Beach, Florida, and urged all citizens to join the efforts to
reaffirm fair housing oppommities for all people.
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Proclaiming May 2002 as National Bike Month
Mayor Schmidt noted that he received a request from Mr. Jim Smith that this
proclamation be postponed and presented at the Regular City Commission Meeting of April 16, 2002.
PRESENTATIONS:
7oA.
International Tennis Championships - Host Site Sponsorship Trophy
Mark S. Baron, Tournament Director, presented Mayor Schmidt with a trophy for
being the host site sponsor. Mr. Baron stated this year is the City's fourth year and the event was a
great success. Mr. Baron stated the event was televised for both semi-finals and finals in 91 countries
around the world.
7.a.
Home Front Security Volunteer Program - Officer Skip Brown
Officer Skip Brown,/Volunteer Program, thanked the Commission for allowing
him to present the six members of the Home Front Security Volunteer Program. Mr. Brown stated
patriotism and national security has hit an all time high in this country and as a result of September
11th, the flag waving and the support from the armed forces rivaled out the World War II era. Mr.
Brown stated in an effort to insure a higher level of security for the residents of the City of Delray
Beach as well as all Americans who visit, the Delray Beach Police Department has started a new
volunteer program called "Home Front Security". This program is designed to supplement the law
enforcement efforts at governmental sites throughout the City.
Program:
Officer Skip Brown introduced the following six members of the Home Front Security
Robert Banquer
· Frank Andreiuolo
· Charlie Goldberg
· Jim Morissy
· Leo Freeman
· Gordon Stanley
· Warren Beer
CONSENT AGENDA: City Manager Recommends Approval.
8.A. CITY OF DELRAY BEACH/DELRAY BEACH HOUSING AUTHORITY
FUNDING AGREEMENT: Approve an agreement for funding and acceptance of funds between
the City of Delray Beach and Delray Beach Housing Authority for a period April 1, 2002 through
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September 30, 2002. The Delray Beach Housing Authority will implement and administer the
SEEDTECH Technology Center at the Carver Estates Housing Complex.
8.B. CITY OF DELRAY BEACH/COMMUNITY REDEVELOPMENT
AGENCY/ENTERPRISE NATIONAL BANK SUBSIDIZED LOAN AGREEMENT: Approve a
subsidized loan agreement between the City of Delray Beach, Community Redevelopment Agency
(CRA), and Enterprise National Bank regarding assistance with certain residential and business
improvements.
8.C. ELITE PROTECTION SERVICES AGREEMENT: Approve an agreement
between the City of Delray Beach and Security Services of America, LLC. (Elite Protection Services)
for the purpose of establishing Advanced Life Support "first responder" services and dispatch
emergency medical assistance protocols solely for Delaire Country Club Community.
8.D. RESOLUTION NO. 29-02: Approve Resolution No. 29-02 vacating and abandoning
a portion of Dixie Highway located approximately 740 feet south of Gulf Stream Boulevard and
accept a fight-of-way deed of the east 10 feet of Lots 13 and 14, plat of Delray Beach Estates.
The caption of Resolution No. 29-02 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
PORTION OF DIXIE HIGHWAY RIGHT-OF-WAY (ROW)
LOCATED APPROXIMATELY 740 FEET SOUTH OF GULF
STREAM BOULEVARD, AS MORE PARTICULARLY
DESCRIBED HEREIN, BUT RESERVING AND RETAINING TO
THE CITY A UTILITY EASEMENT OVER THE ENTIRE AREA
THEREOF, AS MORE PARTICULARLY DESCRIBED HEREIN.
(The official copy of Resolution 29-02 is on file in the City Clerk's office.)
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THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM
9.A.A.A.A.
8.F. RESOLUTION NO. 31-02: Approve Resolution No. 31-02 vacating and abandoning
a portion of the sixty (60) feet canal fight-of-way, located north of and adjacent to Lot 1, Lake Eden
Subdivision Plat No. 3.
The caption of Resolution No. 31-02 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
PORTION OF THE 60' CANAL RIGHT-OF-WAY (ROW) LYING
NORTH OF AND ADJACENT TO LOT 1, LAKE EDEN
SUBDIVISION PLAT NO. 3, AS MORE PARTICULARLY
DESCRIBED HEREIN, BUT RESERVING AND RETAINING TO
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04/02/02
THE CITY A UTILITY EASEMENT OVER A PORTION OF THE
AREA THEREOF, AS MORE PARTICULARLY DESCRIBED
HEREIN.
(The official copy of Resolution No. 31-02 is on file in the City Clerk's office.)
8.G. HOUSE OF GOD/OFFSITE PARKING AGREEMENT: Approve the agreement
between the City of Delray Beach and the House of God Church which allows the Church to utilize
twenty-one (21) parking spaces located on City property during the time periods that City Hall is
closed to provide proper parking for the church's patrons.
8oH.
THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM
9.A.A.A.
8.I. FUTBOL MASTERS~ INC./LICENSE AGREEMENT: Approve a license
agreement between the City of Delray Beach and Futbol Masters, Inc. for the use of the Tennis
Center and other City facilities for a Pro Celebrity Soccer Classic to be held on January 10-12, 2003.
8.J. DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve fund
subsidies for two (2) eligible applicants/families in the amount of $37,125.00 for NW 11th Avenue
and NW 13th Avenue. This brings the number to 137 homeowners assisted under the Renaissance
Program. Funding is available from 118-1924-554-83.01 (SHIP Program).
THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM
9.A.A.
8.L. SPECIAL EVENT REQUEST/CINCO DE MAYO FIESTA: Approve a special
event request to allow the Cinco De Mayo Fiesta to be held Saturday, May 4, 2002, from 11:00 a.m.
until 10:00 p.m. at Old School Square, granting a temporary use permit per LDR Section 2.4.6(H) for
the closure of NE 1st Avenue on the north side of the grounds of Old School Square to the loading
gate area, and staff support for security, trash removal, and waiver of City overtime costs.
8.M. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Approve a
special event request and endorse the Art & Jazz on thc Avenue scheduled for May 9, 2002 from 6:00
p.m. to 10:00 p.m., granting a temporary usc permit per LDR Section 2.4.6(H) for the closure of
Atlantic Avenue from Swinton to NE 7th Avenue, the south side of Atlantic Avenue from NE 7th
Avenue to just past the Bluc Anchor Pub, Railroad Drive from Atlantic Avenue to NE 1st Street, NE
2nd Avenue from Atlantic Avenue to NE 2nd Street, and to authorize staff support for security and
traffic control, banner hanging and removal, barricade set-up and removal, trash removal and clean
up, and use/set-up of City stages.
8.N. SPECIAL EVENT REQUEST/5TH ANNUAL DOWNTOWN DELRAY
CRAFT FESTIVAL: Approve a special event request for the 5TM Annual Downtown Delray Craft
Festival sponsored by Howard Alan Events, Ltd. to be held May 25 and May 26, 2002, granting a
temporary use permit per LDR Section 2.4.6(H) for use of City right-of-way on Pineapple Grove
Way from the north side of NE 1st Street to the south side of NE 3rd Street, and to authorize staff
support for security and traffic control.
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04/02/02
8.O. SPECIAL EVENT REQUEST/HOT AIR BALLOON GLOW AND BALLOON
RACE: Consider approval of a Hot Air Balloon Glow to bc held on May 17, 2002, and Hot Air
Balloon Race to bc held on May 18 and May 19, 2002 at Lake Ida Park, granting a temporary use
permit per LDR Section 2.4.6(H) for thc closure of Atlantic Avenue on May 17, 2002 from A1A to
Andrews between 3:00 p.m. and 11:00 p.m., and staff support for security and traffic control,
barricading, and signage preparation/set up, stage set up/take down, and trash removal for this event.
8.Po
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period March 18,
2002 through March 29, 2002.
8.~).
AWARD OF BIDS AND CONTRACTS:
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Purchase award to R&S Integrated Products and Services, Inc. in the amount of
$48,567 for the purchase of a LaserFiche Document Imaging System under
State Negotiated Agreement Price Schedule (SNAPS) Contract No. 2502011-2,
and purchase of supporting hardware in the amount of $34,688 from various
vendors. Funding is available from 334-6112-519-64.12 (Office Equipment).
Bid award to Cornerstone Businesses, Inc. in the total amount of $357,510.00
for directional drilling a sixteen (16") force-main under the Intracoastal
Waterway and an eight (8") water-main connection between the Sabal Lakes
development and the Lake Forest development ($272,510.00) and an "alternate
A", the installation of an eight (8") conduit for Florida Teleport under separate
agreement ($85,000.00). Funding is available from 441-5181-536-63.74 for
$217,510.00 (Intracoastal Sewer Crossing), 441-5181-536-65.21 for
$55,000.00 (Davis Road/Lone Pine), and 441-5161-536-69.23 for $85,000.00
(Florida Teleport Intracoastal Crossing).
Lease award to AXSA Document Solutions in the amount of $32,976.00 (total
award) for a color copier. Funding is available from 001-2911-519-44.30
(General Fund/Equipment) and 448-5411-538-44.30 (Stormwater Utility
Fund/Equipment).
°
Lease award to PMI Imaging Systems of Florida, Inc. in the amount of
$16,297.92 (Four (4) year lease) via the State of Florida SNAPS Agreement
#25002202-2 for the upgrade of the Canofile Cannon DR-3020 Scanner (Police
Mug System Scanner). Funding is available from 001-2113-521-44.30 (Lease
Equipment).
Mrs. Archer moved to approve the Consent Agenda as amended, seconded by Mr.
Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt -
Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0
vote.
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04/02/02
9.A.A.
REGULAR AGENDA:
SELECTION OF IMPLEMENTATION
COMMITTEE/DOWNTOWN
DELRAY BEACH MASTER PLAN: Approve the membership for the Downtown Delray Beach
Master Plan Implementation Committee. It will be comprised of twenty-one (21) former Steering
Committee members and ten (10) new members representing the affected community.
Mr. Levinson stated he feels it is fairly well documented and demonstrated that he and
possibly others have some difficulty with one of the candidates proposed. For this reason and other
reasons, Mr. Levinson feels it is important to have a Planning and Zoning Board member whose term
does not expire on August 2002 to serve on this Board. Therefore, he would like to recommend Joe
Pike as the Planning and Zoning representative.
Prior to the vote, Mr. Perlman stated he received a letter from the Progressive
Residents of Delray (PROD) questioning this item. Mr. Perlman stated as Co-Chair of this process,
he views the Momentation Committee as really a working group that is going to be writing and
emphasized that this is not a policy making group.
Mr. Levinson moved to approve the acceptance of the recommended membership with
the substitution of Joe Pike for Kevin Warner for the Downtown Delray Beach Master Plan
Implementation Committee, seconded by Mr. Perlman. Upon roll call the Commission voted as
follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms.
McCarthy- Yes. Said motion passed with a 5 to 0 vote.
9.A.A.A. FEC RAILWAY AGREEMENT: Approve the agreement between the City of
Delray Beach and FEC Railway for the construction and maintenance of the railroad crossing and
crossing signals for NE 4th Street.
Mr. Perlman asked if this is a standard arrangement and inquired as to whether this
happens along the coast with FEC Railway. In response, the City Attorney explained this agreement
is in line with other agreements and attempts to change the policy has been to no avail. In addition,
the City Attorney stated the City has been unsuccessful in getting any changes whatsoever with FEC.
Randal Krejcarek, City Engineer, stated if this item is not approved this evening, the
improvements will not be made. He stated N.E. 4th Street from N.E. 2nd Avenue to N.E. 5th Avenue is
now three lanes. Mr. Krejcarek stated part of this agreement is to increase the width of the crossing
to three lanes to match the new width east and west of this crossing. Mr. Krejcarek stated this is the
final piece of that corridor to make it three lanes.
Mr. Perlman asked Mr. Krejcarek if staff has a cost comparison as to what the City of
Delray Beach is paying as opposed to other cities. In response, Mr. Krejcarek stated there is an
annual maintenance fee which covers the signals and a standard fee based on the number of arms that
are located at the crossing.
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04/02/02
The City Manager stated the annual maintenance is not out of line with the CSX or
other crossings that FEC has.
Mr. Levinson moved to approve the License Agreement between the City and the FEC
Railway, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Perlman -
Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said
motion passed with a 5 to 0 vote.
9.A.A.A.A. RESOLUTION NO. 30-02: Approve Resolution No. 30-02 vacating and abandoning
a portion of SE 7th Avenue right-of-way, lying north of SE 5th Street.
The caption of Resolution No. 30-02 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A
PORTION OF SE 7TM AVENUE RIGHT-OF-WAY (ROW), LYING
NORTH OF, AND ADJACENT TO S.E. 5TM STREET, AS MORE
PARTICULARLY DESCRIBED HEREIN, BUT RESERVING AND
RETAINING TO THE CITY A UTILITY EASEMENT OVER THE
ENTIRE AREA THEREOF, AS MORE PARTICULARLY
DESCRIBED HEREIN.
(The official copy of Resolution No. 30-02 is on file in the City Clerk's office.)
Paul Dorling, Planning and Zoning Director, stated this is an abandonment of a 20' by
73.68' portion of the S.E. 7th Avenue right-of-way, directly adjacent to Lot 10.3. The request was
submitted by Robert Woodfin, the owner of a 10.3 acre parcel (directly adjacent to the east). Mr.
Woodfin also owns the parcel on the west side of S.E. 7th Avenue.
The Development Services Management Group (DSMG) has considered this
abandonment request in numerous different forms and while researching the request it was identified
through recent construction of a house on Lot 10.2 that it would make it unrealistic to acquire
additional 20-feet of right-of-way. The DSMG supported the abandonment of the east 1 O-feet rather
than the entire 20-feet as requested, and was not interested in pursuing the right-of-way acquisition on
the west side of S.E. 7th Avenue.
At its meeting of March 18, 2002, the Planning and Zoning Board considered the
request at a public hearing and after lengthy discussion, the Board recommended (4-1) to approve the
abandonment of the east 10-feet of the requested abandonment area, subject to the condition that a
utility easement be retained over the full length and width of the abandonment area.
Beril Kruger~ with Planning and Zoning Consultants representing the petitioner~
gave a brief history with regard to a portion of the S.E. 7TM Avenue right-of-way and distributed a list
of figures he obtained from the Property Appraiser's Office.
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04/02/02
Mayor Schmidt agrees with Mr. Kruger about the traffic calming measures that have
been put on S.E. 7th Avenue and looking at what physically exists tight now, Mayor Schmidt stated
he would have to agree with Mr. Kruger that it would be easier to get the ten feet as opposed to the
east side. Mayor Schmidt stated he is not sure how much potential there is for redevelopment on the
east side and inquired as to why DSMG felt the east side was better than the west. In response, the
City Manager stated most likely the City will not buy any of this tight-of-way and will get it as the
properties are redeveloped. The City Manager stated it is most desirable to have the road line up and
commented that offset creates problems. The City Manager stated some of these problems have been
eliminated and some of them really create problems at the intersection. The City Manager stated that
with regard to waterfi'ont property, it is the linear front frontage which determines the value of the
land and stated this is really irrelevant because the City is not purchasing the property.
Mr. Levinson stated he understands the need to line it up and the values. However,
Mr. Levinson stated he is concerned with the issue of the tree canopy and what structures might exist
that would stay on the east side versus the west side. Furthermore, Mr. Levinson asked if there are
any structures on the west side such as walls, garages, etc. In response, Mr. Doffing stated he is not
aware of any structures on the west side.
Mr. Levinson moved to approve the abandonment of the east 10 feet of S.E. 7th
Avenue and accept the replacement easement set forth in Resolution No. 30-02, seconded by Mrs.
Archer. Upon roll call the Commission voted as follows: Mrs. Archer - No; Mr. Levinson - No; Ms.
McCarthy - No; Mayor Schmidt - No; Mr. Perlman - No. Said motion failed with a 5 to 0 vote.
The City Attorney suggested that the Commission bring back a revised resolution with
a different scenario. The City Manager asked for more specific direction about what to bring back to
the Commission. Mayor Schmidt stated he would like staff to review what was proposed by the
applicant and that they would give the ten feet on the west and look at the west side for the future ten
feet.
Ms. McCarthy asked why this street is being widened after the traffic calming has
been put into place. In response, the City Manager stated twenty feet is not adequate for traffic in
addition to the utilities going in the tight-of-way.
9.A.I. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD
ACTION/POLLO TROPICAL: Consider an appeal of a decision of the Site Plan Review and
Appearance Board's action relating to the denial of a monument sign as submitted from Pollo
Operations, Inc. clgo/a Pollo Tropical, located at 950 Linton Boulevard. (Quasi-Judicial Hearing)
The City Attorney stated this item will be conducted as a quasi-judicial heating, which
allows for presentations by all involved parties, the admission of documents into the record and
public testimony.
The City Attorney asked the Commission to disclose any ex parte contacts for the
record. Mayor Schmidt stated he had a meeting with Mr. Weiner who is representing the appellant.
Mr. Perlman, Mrs. Archer, Ms. McCarthy, and Mr. Levinson stated they too have also had contact
with Mr. Weiner.
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04/02/02
The City Attorney invited anyone from the public who wishes to address the
Commission regarding the appeal, to please step forward at this time and be sworn in by the City
Clerk.
Barbara Garito, City Clerk, swore in those individuals who wished to give testimony
on this item.
Lula Butler~ Director of Communi~, lmprovement~ stated this is an appeal to the
decision made to SPRAB as it relates to a submission by Pollo Tropical for their signage. The
applicant requested approval to use their corporate colors of yellow and white copy on a green and
red background. Ms. Butler explained the applicant is appealing this because they would like to use
their standard corporate sign colors which include white copy on red background for the "Chicken on
the Grill" component. Staff recommends approval of the appeal as made by the agent representing
Pollo Tropical providing for the use of their standard corporate colors for the free-standing sign.
Michael Weiner~ speaking on behalf of the applicant Pollo Tropical, stated for the
record he would like to confirm that they are following the standard procedures for a quasi-judicial
heating. Mr. Weiner stated there were comments made at the SPRAB Meeting regarding the
corporate colors not being allowed. There was lengthy discussion between the applicant and staff and
they have come to the conclusion to propose an alternative sign.
At this point, the City Attorney stated anyone who would like to speak in favor or in
opposition of the appeal, to please step forward at this time.
Deborah D. Dowd~ member of the Site Plan Review and Appearance Board~
thanked the applicant for working with SPRAB in terms of coming up with a new sign. With great
respect to Francisco Perez-Azua, Chair for SPRAB, Ms. Dowd stated Mr. Perez can not speak for the
entire Board. Ms. Dowd stated this is not the same sign that came before the Board. Ms. Dowd
stated the Board works very hard at keeping a blanket program. Ms. Dowd explained the sign passed
by SPRAB was a monument sign with two colors (green background and yellow letters) to read
"Pollo Tropical" and the words "Chicken on the Grill" be eliminated. Ms. Dowd stated the words
"Chicken on the Grill" is not eliminated from the sign being presented and she strongly urged the
Commission to take into consideration the vote of the Board.
John Bennett~ President of Progressive Residents of Delray (PROD) and speakin?
on behalf of the organization, stated the Board was concerned about this as it was initially
configured. Mr. Bennett stated there is the recommendation of one of the City's expert Boards with
volunteers who spend a lot of time on something and then the staff, without any rationale in the
recommendation of staff, stating it should be changed. In this particular hearing, Mr. Bennett stated
that Mr. Weiner referred to the positive recommendation of the staff as being great evidence.
However, Mr. Bennett stated if someone was to review the recommendation, it just states to do it.
Mr. Bennett stated as Ms. Dowd explained since this sign has not been before the Board, he feels
procedurally the sign should go back to the Board for their recommendation.
Alice Finst~ 707 Place Tavant~ as a regular attendee of SPRAB, Mrs. Finst stated she
is very impressed with how SPRAB goes about their business, how conscientious they are in making
decisions and the amount of time that they concentrate on these types of projects. Mrs. Finst stated
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04/02/02
she is very disappointed that SPRAB's recommendation for the two color sign is now being
challenged. Mrs. Finst stated all businesses should adhere to the City's standards and feels there
should be no exceptions made for Pollo Tropical. Mrs. Finst stated SPRAB made a decision in their
best judgment using their many talents, skills, and professional judgment as to how this sign should
look. Mrs. Finst stated these members were appointed to the Board and she feels to vote against what
was originally presented would be a sign that the Commission no longer trusts them.
There being no one else from the public who wished to address the Commission
regarding the appeal, the public hearing was closed.
Mr. Weiner stated appeals are for the expressed reason of the fact that the ordinances
state the City Commission reserves the right to take a look at what SPRAB does. With respect to
what staff did, Mr. Weiner stated they did not have the opportunity to present this kind of proposal
and this sign. As soon as they heard what had occurred, Mr. Weiner explained that staff did present
approximately six different alternatives. Mr. Weiner stated aesthetically this is the best design. In
accordance with the City's ordinance, Mr. Weiner stated there are better aesthetics, increased traffic
safety, and enables the fair and consistent enforcement of these sign regulations. Mr. Weiner stated it
is in the best interest of the City to move forward and approve this particular sign.
Discussion by the Commission followed.
For the record, Mr. Perlman asked Ms. Butler what is staff's rationale. In response,
Ms. Butler stated because SPRAB allowed for a deviation from the blanket program to consider a
portion of their corporate colors. Ms. Butler stated the sign presented to the Commission this evening
was the sign that was initially presented to SPRAB. Ms. Butler stated she does not feel something
that is done outside of the Board should be brought forward to the Commission.
Mr. Perlman moved to approve the appeal, seconded by Mr. Levinson. Upon roll call
the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes;
Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote.
Mayor Schmidt stated he supports the motion and certainly appreciates what the
members of SPRAB do. Mayor Schmidt stated he personally feels the compromise that has been
worked out is aesthetically reasonable. Mayor Schmidt stated with regard to a comment expressed by
Mrs. Finst where she stated "that if the Commission does not support SPRAB, the Commission does
not trust them" he feels is absolutely ludicrous.
9.A.2. REQUEST FOR WAIVER/POLLO TROPICAL: Consider a waiver request from
Pollo Operations, Inc. d/b/a Pollo Tropical, located at 950 Linton Boulevard, to LDR Section
4.6.7(G)(7) governing the location of flat wall signs. (Quasi-Judicial Hearing)
The City Attorney stated this waiver will also be conducted as a quasi-judicial hearing,
which allows for presentations by all involved parties, the admission of documents into the record
and public testimony. The City Attorney also noted that anyone who was sworn in previously, is also
considered sworn in for this item.
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04/02/02
The City Attorney asked the Commission to disclose any ex parte contacts they may
have other than Michael Weiner. No ex parte contacts were noted other than what was disclosed
previously.
Lula Butler~ Director of Communi~, Improvemenh stated the sign code provides
that flat wall signs must face dedicated street frontages which mean that the applicant's signs should
be on the Linton Boulevard side and the S.W. l0th Avenue side. Ms. Butler stated the Board has
agreed that there is a hardship and feels this would not set a precedent because of the uniqueness of
where the building is located and the access of the shopping center. Ms. Butler stated staff agrees
with the position of the Board that the flat wall sign on the east elevation should be considered by the
Commission.
Michael Weiner~ representing the applicant, stated SPRAB recommended that the
applicant receive the waiver and explained that there is no increased mount of signagc.
There being no one from the public who wished to address the Commission regarding
the waiver, the public hearing was closed.
Ms. McCarthy commented about the two failed businesses previously at this location
and stated it behooves the City to do things to assist this business so they would have more success.
In addition, Ms. McCarthy stated she is very glad that the sign was turned down and is only sorry that
SPRAB did not have the opportunity to see the update or hear some of the things that were addressed
had actually been addressed.
Mrs. Archer moved to approve the waiver request from Pollo Operations, Inc. d/b/a
Pollo Tropical, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Ms.
McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes.
Said motion passed with a 5 to 0 vote.
Prior to the vote, Mr. Levinson stated he feels this is definitely an improvement.
At this point, the time being 7:05 p.m., the Commission moved to the duly advertised
Public Hearings portion of the agenda.
PUBLIC HEARINGS:
10.A. ORDINANCE NO. 12-02: An ordinance amending the historic designation adopted
by Ordinance No. 70-89 for the "Fontaine Fox House" historic site located on the east and west sides
of Ocean Boulevard, south of George Bush Boulevard (610 and 615 North Ocean Boulevard). Prior
to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has
been scheduled to be held at this time. (Quasi-Judicial Hearing)
The City Manager presented Ordinance No. 12-02(A):
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE
NO. 70-89 THAT PROVIDED FOR THE HISTORIC
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04/02/02
DESIGNATION OF THE FONTAINE FOX HOUSE; PROVIDING
A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 12-02(A) is on file in the City Clerk's office.)
The City Manager presented Ordinance No. 12-02(B):
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE
NO. 70-89 THAT PROVIDED FOR THE HISTORIC
DESIGNATION OF THE FONTAINE FOX HOUSE; PROVIDING
A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 12-02(B) is on file in the City Clerk's office.)
The City Manager presented Ordinance No. 12-02(C):
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE
NO. 70-89 THAT PROVIDED FOR THE HISTORIC
DESIGNATION OF THE FONTAINE FOX HOUSE; PROVIDING
A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
(The official copy of Ordinance No. 12-02(C) is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinances. 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 item will be conducted as a quasi-judicial hearing, which
allows for presentations by all involved parties, the admission of documents into the record and
public testimony.
The City Attorney asked the Commission to disclose any ex parte contacts for the
record.
Mayor Schmidt stated he has had numerous emails which he gave to the City Clerk for
the file. Also, Mayor Schmidt stated he met with Monty Helm and John Walker. Mayor Schmidt
stated he also had telephone calls from Mrs. McFeeley, Helen Thompson, and Mrs. Selt who are all
opposed to any change.
Ms. McCarthy stated she has had numerous emails which she has forwarded to the
City. Ms. McCarthy stated she also had a telephone conversation with Mr. Kelly who stated he
would not be in attendance this evening, and Helen Thompson called her as well.
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04/02/02
Mr. Levinson stated he spoke with Matt Gracey, Monty Helm, and John Bennett by
email, John Kelly, Frank McKinney. He received an email from Nilsa McKinney, spoke to Mrs.
Charles McFeeley, Helen Thompson, and Mrs. Selt and has correspondence and emails from several
others which he will provide to the City Clerk.
Mrs. Archer stated she spoke with Monty Helm, received a call from Helen Thompson
and from Mrs. W. Selt. In addition, Mrs. Archer stated she has numerous emails which she will
provide to the City and received a telephone message from Frank McKinney, however, stated she was
not in a position to return the call and therefore did not speak to him.
Mr. Perlman stated he spoke to Monty Helm, received several emails and noted that he
accidentally deleted one email from a man who lives on Lake Shore Drive and the rest he will
forward to the City Clerk. In addition, Mr. Perlman stated he had a conversation with Frank
McKinney, received email from Nilsa McKinney, and telephone messages from Mrs. McFeeley and
Mrs. Selt.
The City Attomey invited anyone from the public who wishes to address the
Commission regarding the Fontaine Fox House, to please step forward at this time and be sworn in by
the City Clerk.
Barbara Garito, 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//2002-101 into the record. In addition, Mr. Dorling stated he would like to enter two
letters into the record. One letter is from the Wilson Group and the other letter is from Elizabeth
Steele Forman.
Mr. Dorling stated the Fontaine Fox historic designation is outlined in Ordinance No.
70-89 and contains 2.5 acres. The existing conditions include a single family home non historic
structure on Lot 1 (east side of Ocean Boulevard). Lot 2 contains a 1,184 square foot Cape Cod
cottage designated historic and constructed in 1936, which was designed by renowned architect John
Volk. Lot 2 also contains three related outbuildings while Lot 3 is currently a wooded lot.
The applicant's request is to remove the historic designation from the area west of the
existing structure. The historic designation would then be modified with respect to the legal
description for which the designation applies along with the density cap placed on the property.
Currently, there is a three unit cap which is placed on the entire property. If the applicant is
successful in modifying the designation, a plat will follow seeking the creation of four 12,500 square
foot lots between Andrews Avenue and the historic site. Mr. Dorling stated the plat will also include
property to the north shown on the Exhibit as Lot 6 and Lot 7. Lot 6 (622 N. Ocean Boulevard)
currently contains a John Volk designed home (not designated) built in approximately 1936 and Lot 7
to the east is currently vacant.
At its meeting of March 6, 2002, the Historic Preservation Board (HPB) held a public
hearing on the request. There were no public comments in favor of the proposed amendment. In
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04/02/02
summary, concerns from the public were that (1) a prior agreement was made to limit development to
one unit on the west, and (2) there would be a bad precedence set for de-listing historic property.
In analyzing the request, staff had concerns with maintaining the historic resource
located on Lot 5. Mr. Dorling stated while it may be appropriate to allow some limited development,
the development should occur under the current historic designation. It is noted that new
development has occurred under the historic designation on the east side of the road in which a
modem new house has been built on the ocean. Mr. Dorling stated with development occurring
under the designation the Historic Preservation Board would have review authority providing
assurances that development immediately adjacent to the historic home would not be overwhelmed
by it nor be incompatible.
Staff's recommendation includes a reduction in the proposed lot configuration to three
lots versus four (empty/vacant lots). Mr. Dorling stated the provision of a minimum fifty foot buffer
between the Fontaine Fox House and the nearest lot to the west and the placement of the minimum
height restriction on the lots located immediately to the west of the house located at 610/622 North
Ocean Boulevard. The recommendation further included a request that a National Historic Register
designation be sought for the Fontaine Fox Home at 610 North Ocean Boulevard. Also, the parcels to
the north were to be included in the plat, a local register designation was requested on the John Volk
home and similar restriction with respect to a height limit of 28 feet maximum to be placed on any
new construction behind the house located at 622 North Ocean Boulevard. After significant
discussion at the Historic Preservation Board Meeting, there was a motion to support staff's
recommendation which failed on (3-3) vote. There was an alternative motion to include all of staff's
recommendations except to limit the future development from three lots to two lots which passed on a
(6-0) in favor.
At this time, Mr. Dorling stated he would like to enter into the record some additional
research. Mr. Dorling stated he did have staff take a look at the adjacent homes in the surrounding
subdivisions and their respective square footages.
Mr. Dorling introduced Ellen J. Uguccioni, expert witness and entered her r6sum6 into
the record.
Ellen J. Uguccioni, employed by Janus Research 146 Madera Avenue~ Coral
Gables, FL, stated she is an Architectural Historian with a Masters degree in Art History from the
University of Missouri - Kansas City. Ms. Uguccioni briefly discussed her credentials and discussed
the impacts of the proposed replat on the historic resources which exist. Ms. Uguccioni stated the
four lots directly abutting the Fontaine Fox House in the applicant's proposal will affect the historic
integrity. Ms. Uguccioni quoted the following from the National Register Bulletin. The following
seven qualities constitute historic integrity: "location, design, setting, materials, workmanship,
feeling and association." Ms. Uguccioni stated when the designation was enacted then the present
owners acquired an estate that extended from Andrews Avenue all the way east to the Atlantic Ocean.
Ms. Uguccioni read the following from Section 106 of the Preservation Act which describes what
constitutes an adverse impact: "a change of character of the properties use or physical features within
the property setting that contribute to its historic significance." Ms. Uguccioni stated the loss of the
surrounding landscape of the Fontaine Fox House would indeed constitute an adverse impact. Ms.
Uguccioni stated Section 106 goes on to describe possible solutions to mitigate that adverse impact
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04/02/02
and one successful alternative is that buffers are created between the historic property and the new
development that goes beyond it. Ms. Uguccioni stated she feels it makes a great deal of sense to
designate the property to the north (another John Volk property built around the same timeframe)
because the property qualifies under the terms of the ordinance that requires the property to have
significance and also begins to describe an envelope of protection that has a context. Ms. Uguccioni
stated the Planning and Zoning staff also recommends that the Fontaine Fox House be nominated to
the National Register of Historic Places. Ms. Uguccioni stated the National Register for residential
properties includes a provision that requires a study to be made of any impact that would occur to
historic resources if Federal monies are used for any adjacent project. Ms. Uguccioni stated Chapter
267 of the Florida Statutes states "if any state monies are used for any undertaking, the impact to
those historic resources must also be addressed."
The City Attorney stated the applicant or the applicant's representative may step
forward at this time.
Rebecca Henderson~ Attorney for the Law Office at 4800 N. Federal Highway ir-
Boca Raton, FL and represents Village by the Sea (Frank McKinney), briefly described her
credentials. Ms. Henderson stated thc applicant has owned this home for quite some time and has
also been instrumental in preserving other homes in the community. Ms. Henderson stated the
applicant is proposing to limit thc amount of land subject to thc historic designation. Ms. Henderson
continued to state the applicant is not against historic preservation. Ms. Henderson stated thc main
question here is whether or not thc dirt behind 610 N. Ocean Boulevard is historic and if it is not
historic, she feels it should not be part of the designation process. Ms. Henderson gave a brief
explanation of thc configuration of the existing historic site and stated the request is that the amount
of land for the historic designation be reduced. Ms. Henderson stated there is a retaining wall behind
the house at 610 N. Ocean Boulevard where the applicant is proposing thc western end of the historic
designation. Ms. Henderson stated there is no evidence found to substantiate why the designation
covered the vacant land behind the retaining wall. Ms. Henderson stated she challenges anyone to
put into the record any evidence that thc vacant land behind the retaining wall has any integrity
besides the fact that Fontaine Fox once owned it. Ms. Henderson stated there have been comments
this evening that this house needs to bc protected on the National Register (610 North Ocean
Boulevard) and that there is a need that it bc listed on thc local registry (622 North Ocean Boulevard).
Ms. Henderson stated she feels it is significant because thc National Register is thc federal law. Ms.
Henderson stated a historic site in the National Register of Historic Places is defined as thc location
of a significant event, a prehistoric or historic occupation activity or building or structure whether
standing ruined or vanished where the location itself maintains historical or architectural value
regardless of thc value of any existing structure. Ms. Henderson stated they arc here looking for
substantial competent evidence to substantiate the fact that thc back property is connected and has
integrity. Ms. Henderson stated this is a unique vacant piece of land designated with a historic
structure that should be dc-designated. Ms. Henderson stated they have shown that the property itself
does not have any integrity from the back and front, have presented evidence that Fontaine Fox only
used the front part of the house, and that there is no natural setting between the front part of the house
and the back part of thc house.
Maria Dumas~ has served as a Planning Director and has been involved in thc.
ma]or development within historic districts throughout South Florida, stated it is very clear that
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04/02/02
from looking at the site from behind 610/622 N. Ocean Boulevard a portion of this land has already
been taken for new development. Ms. Dumas stated there appears to be a great inconsistency if other
land that was part of the same holding would be held back that has no way of tying it to anything
historic. Furthermore, she stated there appears to be an inconsistency in the decision with the Lane
Subdivision and what is being discussed about the property at 610 N. Ocean Boulevard.
Heidi Segal, Historic Preservation Planner (for the City of Hollywood, Florida)
and brieflv listed her credentials, stated thc integrity has already bccn compromised with thc
construction of a home across A-I-A and feels thc SO-foot buffer is somewhat unrealistic. With
regard to thc 8-10 foot drop in thc backyard, Ms. Segal stated this barrier already exists and that any
new development built at grade on thc property would not overshadow nor impact the historic
property and also noted that there is an existing retaining wall on the property.
Ellen J. Uguccioni, Janus Research, emphasized that if the property were found not
to be eligible from listing in the National Register it would not affect its local designation.
Paul Dorling, Director of Planning and Zoning, stated the applicant made
statements to protecting the integrity of thc historic structure. Thc proposal by the applicant is for
four lots and the east lot line actually includes the retaining wall of the historic structures. Mr.
Doffing stated that in the analysis staff has found that the fourth lot is actually encroaching onto the
historic site. In the proposed fourth lot there is actually a wall easement proposed on private property
to accommodate the retaining wall which is part of thc historic structures. Mr. Doffing stated the
ordinance before the Commission, if adopted, would in fact not contain the entire historic resources
on the new designation area.
The following individuals from the public came forward to address the Commission:
JoAnn Pearh 107 N.W. 9th Street~ stated historic preservation efforts in the 1980's
were the beginning of Delray's "road to recovery". Ms. Peart stated the quaint historic charm and
small town image is still the greatest asset Delray has and feels the City needs to protect what it has.
Ms. Peart stated she feels there are no surprises and no hardships with regard to this matter and urged
the Commission to vote against all three ordinances.
Ann Mar~,o Pearh 107 N.W. 9th Street, read a letter into the record dated March 19,
2002 addressed to the Mayor and City Commissioners written by Joyce and Rod Wilson (a copy is
attached hereto and made an official part of the minutes).
Jane King, Vice-President of Progressive Residents of Delray and speaking on
behalf of the organization, stated thc original proposal to revise any existing ordinance dating from
1989 should not be passed because to do so, the City would have to approve development that would
be inconsistent with the City's Comprehensive Plan both to its historic preservation and conservation
elements. Secondly, Ms. King stated to delist a portion of the duly designated historic site would set
a disastrous precedent with serious ramifications for historic preservation in the City. Ms. King urged
the Commission to support the version of the amending ordinance.
Kathy Fazio, 1118 Harbor Drive, stated she is a neighbor of the applicant and stated
the pictures and the overlays can be confusing. Ms. Fazio urged the Commission to come to the
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property and see what is surrounding it. Ms. Fazio stated her family is now in the fourth generation
of living in the Harbor Drive area and feels strongly that the City protects the area. Ms. Fazio read
the following statement into the record written by her mother Mrs. McFeeley (a copy is attached
hereto and made an official part of the minutes).
John Fazio~ 1118 Harbor Drive, read the following letter into the record written by
Monty Helm who was unable to attend this evening and is opposed to changing the historic
designation of the Fontaine Fox House (a copy is attached hereto and made an official part of the
minutes).
Carolyn Patton~ 1020 Tamarind Road~ stated Fontaine Fox was one of the most
famous men in America in the timeframe of this house being built and was more recognizable maybe
than some movie stars are today to the people of Delray Beach in the 1930's. Ms. Patton stated the
entire Fontaine Fox property that was left was designated as a whole in 1989. Ms. Patton stated she
checked with the National Trust for Historic Preservation, the State Division of Historical Resources,
and City staff and was informed that it is a dangerous idea of delisting any historic property. Ms.
Patton stated there is nothing currently in the City Codes which allows delisfing any part of a listed
property anywhere. Furthermore, Ms. Patton urged the Commission to vote against all three
proposals and leave the Fox property as is.
John Kelly, 1227 Harbor Drivel is strongly opposed to the proposal and urged the
Commission to reject any change to Ordinance No. 70-89.
John Bennett, Vice-President of the Beach Property. Owners' Association (BPOA)
and speaking on behalf of the organization~ urged the Commission to vote against all three
proposed ordinances and expressed concern that the applicant is attempting to misdirect the
Commission. Mr. Bennett feels this has nothing to do with private property rights, it is not about
denying them the right to petition or ask for the change, and it is not about dirt. Mr. Bennett stated it
is not the City's burden to establish that this is a historic site, but is the applicant's version to
establish that their request is consistent with the City's Comprehensive Plan. In summary, Mr.
Bennett stated a deal is a deal and this was voluntarily made into by all sides. Mr. Bennett stated if a
deal is going to be modified, then he suggested that the modification be unseverable.
Alice Finst~ 707 Place Tavant, stated she was a member of the Historic Preservation
Board which voted on this issue of placing this property as a designated property. Mrs. Finst stated
lifting the historic designation, changing the zoning now, and allowing more than one lot to be
developed was not in their plan in 1989. Mrs. Finst stated if it was historic in 1989 and the plan was
to preserve it with the one additional lot, then nothing has changed. Mrs. Finst urged the Commission
to support the original proposal which was voted on by the Board at the time and continue to protect
the property.
At this point, Ms. Henderson made a brief rebuttal statement:
Rebecca Henderson~ Attorney representing the applicant, stated the issue is
whether there is substantial competent evidence whether the land behind the historic building is
historic. Ms. Henderson stated the applicant is not proposing to de-designate the structure and the
entire structure including the west wall (retaining wall) is proposed to remain designated historic.
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04/02/02
Ms. Henderson stated since there is no substantial competent evidence to substantiate the historic
designation that it be lifted and that the appropriate designation remain on the house.
Brief discussion followed by the Commission.
Mr. Levinson expressed concern regarding the Fontaine Fox House and explained that
he is less concerned about the Fontaine Fox House being designated in the National Register then he
is with the issue of putting the house as identified by HPB parcel 4 on the local register and picking
up the height restrictions on lots 2 and 5 that the City would not otherwise get.
Mrs. Archer expressed similar concerns and stated she has a problem with the 50-foot
buffer. Mrs. Archer suggested that the buffer be extended from 50 feet to 100 feet because she feels
this would protect the retaining wall and the integrity of the back wall.
With regard to Ordinance No. 12-02(B) and Ordinance No. 12-02(C), Ms. McCarthy
asked if these ordinances are restricting the square footage of houses that can be built on this lot. In
response, Mr. Dorling commented that the two ordinances propose a restriction on height for the lots
immediately to the west of the two historic structures. There is an existing square footage restriction
limiting the square footage to 2,400 square feet on the lot on the ocean (east of A-l-A) which
currently exists in Ordinance No. 70-89. Furthermore, Ms. McCarthy inquired whether it is
necessary criteria for us to mandate at this time how many lots can be developed on this land. The
City Attorney stated before the ordinance dealt with how many structures someone could have so by
default this would tell you how many lots you could have and explained that she feels it is relevant.
Mr. Perlman stated there was testimony from both sides as to the Lane Subdivision
that at one point was part of the Fontaine Fox House Estate and expressed concern over potential
litigation because the Commission may be potentially denying development on one part of dirt and
allowing another part to be developed.
Mr. Levinson moved to adopt Ordinance No. 12-02(B) on Second and FINAL
Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mayor
Schmidt - No; Mr. Perlman - No; Mrs. Archer - No; Mr. Levinson - No; Ms. McCarthy - No. Said
motion failed with a 5 to 0 vote.
Mayor Schmidt stated Ordinance No. 12-02(C) would be to remove the historic
designation from Lot 3 and a portion of Lot 2.
Mr. Perlman moved to adopt Ordinance No. 12-02(C) on Second and FINAL Reading,
seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Perlman - No;
Mrs. Archer - No; Mr. Levinson - No; Ms. McCarthy - Yes; Mayor Schmidt - No. Said motion
failed with a 4 to 1 vote.
With regard to paragraph #5 of Ordinance No. 70-89, Mayor Schmidt stated
Commissioner Levinson suggested that this be changed to state that this be maintained on the Local
Register and that the applicant would not be required to get the National listing.
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04/02/02
Ms. McCarthy asked what impact this will have by putting this on a National Registry
has with preserving this property here locally. In response, Ms. Uguccioni stated the applicant's
representative explained the Section 106 process which talks about any time there is a Federal or
State undertaking historic resources are looked at in terms of how that undertaking would affect them
for national listed properties and for those that are eligible for listing. Ms. Uguccioni stated with
regard to conversations she has had with Wendy Shay, Historic Preservation Planner, she feels this is
an additional reinforcement of the significance of the Fontaine Fox House.
Wendy Shay~ Historic Preservation Planner~ stated Ms. Henderson spoke about the
restrictions it would put on FDOT or on a widening of A-1-A. Ms. Shay stated it is any project that
affect the beach or Oceanside and any project that is federally funded regardless of who the funding
goes to would have to go through a review process. Ms. Shay stated it is true that it would have to go
through a review process if it were just eligible for national listing. However, Ms. Shay stated it
would automatically "red flag" this particular property not only locally but on a state and national
level. Ms. Shay stated she feels this is extremely important and emphasized that this puts no
restrictions on the property owner for any changes made to the elevations or the property. In
addition, Ms. Shay stated it puts no restriction financially or otherwise on the property owner and
feels it looks fantastic to have another property designated in the City of De[ray Beach. Ms. Shay
reiterated that any project receiving any federal funding (any project or improvement done to the
beach, waterway, Atlantic Ocean, or anything around the property) the review process is required. In
addition, Ms. Shay stated this is something that is done internally by the organization that is receiving
the funding and reiterated that this is federally mandated and the funding would not be available
unless they received this review.
Ms. Uguccioni commented that if someone wishes to access the National Register
Listing website, they may do so because there is no requirement for public access. Ms. Uguccioni
stated there are a number of private homes particularly in districts that are advertised as a special
qualitY.
Mrs. Archer asked what is required to get the designation at a national level and what
kind of financial commitment is involved. In response, Ms. Shay stated a preliminary site
information questionnaire is a general form filled out by the applicant to find out what the
significance is. If the state office decides that it is significant, then the Commission would move
forward with the designation process. Ms. Shay stated the only costs that are incurred with this is the
mailing to the state office and photography/developing fees that are included with the slides and
photos that are required.
Mr. Levinson commented that by extending the wall an additional 50 feet reduces the
size of the two lots which then changes setbacks and potentially reduces the size of the structures.
Mrs. Archer stated she would like to readdress the questions about the National
Register of Historic Places and asked if the Commission is certain they want to eliminate this from
the ordinance. Mr. Perlman stated he has mixed feelings about mandating a designation on a private
home and feels this should be voluntary and not imposed on the owner.
For clarification purposes, Ms. Henderson stated there is no proposal to remove the
gumbo-limbo trees but are proposing to keep them on the side. With regard to the buffer, Ms.
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04/02/02
Henderson stated the applicant would entertain a buffer and entertain a designation on the home
located at 622 North Ocean Boulevard with the provision that the two proposed lots behind those
houses be removed from the designation. Ms. Henderson stated if the home on Lot 6 (622 North
Ocean Boulevard) can meet the criteria it can be locally designated and that the designation also be
on Lots 4 & 7 along with the height restriction.
With regard to the current ordinance, Mayor Schmidt inquired about the east/west
dimension of Lot 3. In response, Mr. Dorling stated the east/west dimension of Lot 3 would be 260
feet.
With regard to Section 2.2 of the ordinance, Ms. McCarthy inquired about any
restrictions. In response, Mr. Dorling stated square footage would be limited by other LDR
requirements such as height and setbacks. Mr. Dorling stated the square footage restriction would
continue to apply only to the house on the east side of ocean.
Mr. Levinson moved to adopt Ordinance No. 12-02(A) on Second and FINAL
Reading, seconded by Mr. Perlman. Upon roll call the Cormnission voted as follows: Mrs. Archer -
No; Mr. Levinson - No; Ms. McCarthy - No; Mayor Schmidt - No; Mr. Perlman - No. Said motion
failed with a 5 to 0 vote.
After brief discussion, it was the consensus of the Commission (3-2) that the Fontaine
Fox House not be required to be listed on the National Register. Direction was given to staff to bring
back a new ordinance and include the following:
Extend the 50-foot buffer to 100-foot buffer between the existing wall at the rear of the
Fontaine Fox House located at 610 North Ocean Boulevard and the newly created lot to the
west
Restrict the height of any new construction to 28-feet of any newly created lot to the west of
and adjacent to, the lot containing the existing structures located at 610 & 622 North Ocean
Boulevard (State Road A1A)
Delete the requirement that the Fontaine Fox House be placed on the National Register of
Historic Places
That the residence at 622 North Ocean Boulevard must be placed in the Local Register of
Historic Places
Modify the existing density restriction from three to four dwelling units
10.B. ORDINANCE NO. 11-02: An ordinance rezoning from RT (Resort Tourism) to PC
(Planned Commercial) for a 2.067 acre parcel of vacant land located at the southwest comer of SE 5th
Avenue and SE 10th Street for a proposed Washington Mutual Bank and other commercial uses. Prior
to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has
been scheduled to be held at this time. (Quasi-Judicial Hearing)
The City Manager presented Ordinance No. 11-02:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, REZONING AND PLACING
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O4/O2/O2
LAND PRESENTLY ZONED RT (RESORT TOURISM)
DISTRICT TO PC (PLANNED COMMERCIAL) DISTRICT;
SAID LAND BEING A PARCEL OF LAND LOCATED ON THE
SOUTHWEST CORNER OF SOUTHEAST 5TH AVENUE AND
SOUTHEAST 10TH STREET, AS MORE PARTICULARLY
DESCRIBED HEREIN; AMENDING "ZONING MAP OF
DELRAY BEACH, FLORIDA, 2001"; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
(The official copy of Ordinance No. 11-02 is on file in the City Clerk's office.)
The City Attorney read the caption of the ordinance. A public heating 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 item will be conducted as a quasi-judicial hearing, which
allows for presentations by all involved parties, the admission of documents into the record and
public testimony.
The City Attorney asked the Commission to disclose any ex parte contacts for the
record. No ex parte contacts were noted.
Barbara Garito, City Clerk, swore in those individuals who wished to give testimony
on this item.
Paul Dorling, Planning and Zoning Director, entered the Planning and Zoning project
file #2002-092 into the record.
The subject property is a vacant unplatted parcel containing 2.067 acres. The proposal
is to change the zoning fi.om RT (Resort Tourism) to PC (Planned Commercial) to establish a new
financial institution with drive-through facilities and a commercial space for retail tenants.
At its meeting of February 25, 2002, the Planning and Zoning Board considered this
item and a public heating was held in conjunction with the rezoning request. After reviewing the
staff report, considering the testimony, and discussing the proposal, the Board voted 6-0 to
recommend approval, based upon positive findings with respect to Chapter 3 (Performance
Standards) and Section 2.4.5(D) of the Land Development Regulations, and policies of the
Comprehensive Plan.
The City Attorney invited anyone fi.om the public who wishes to address the
Commission regarding the rezoning, to please step forward at this time and be sworn in by the City
Clerk.
The City Attorney stated the applicant or the applicant's representative may step
forward at this time.
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04/02/02
Stanley G. Hill, aoolicant/a~ent, stated they have been working through the process
and agree with staff. Mr. Hill stated the rezoning will limit them to a minimum 6,000 square foot
building and noted that the parcel is approximately two acres.
There being no one from the public who wished to address the Commission regarding
the rezoning, the public heating was closed.
Mr. Perlman moved to adopt Ordinance No. 11-02 on Second and FINAL Reading,
seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed
with a 5 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.
II.A.
Ci~ Manauer's resoonse to prior public comments and inquiries.
With regard to a concern expressed about the speed limit sign at the speed humps on
N.E. 3rd Avenue, the City Manager stated this will be corrected and explained that the speed limit
sign is on the same post with the hump sign. Furthermore, the City Manager stated the signs will
need to be separated so that it does not imply someone can cross the hump at 25 mph.
With regard to the parking on Lake Court, the City Manager stated this is a one-way
street. The City Manager stated options are posting "No Parking" signs, saving swales, or doing
nothing. At this point, the City Manager stated staff will observe the situation since Lake Court is a
one-way street and is approximately 16 feet wide.
The City Manager stated there was a concem expressed about children walking to
school on Lake Ida Road during the construction and explained that staff has been in contact with
Palm Beach County Engineering and are working with them to make sure they do provide a safe
means for children who walk to school.
With regard to a concern expressed about hedges planted too close to the sidewalk in
the Del-Ida area, the City Manager stated the Code does provide that hedges are not to overhang the
sidewalks, but there is no requirement regarding how far away from the sidewalk they have to be
planted. The City Manager stated Code Enforcement staff walked through the neighborhood on
March 28, 2002, and reported there are some hedges that encroach on the sidewalk which need to be
trimmed. These homeowners will be advised to trim their hedges and if these hedges are not
trimmed, Code Enforcement will issue violation notices.
In response to a prior concern about the trimming of the sea grapes, the City Manager
stated this is part of the approved Dune Re-Vegetation Program for the coastal dune. The City
Manager stated this includes cutting back sea grapes which were originally planted as bushes, but
have not been trimmed in many years and have grown into trees. The City Manager stated bushes are
desired rather than trees because when they grow to tree size they choke out other dune vegetation
and it is necessary to stabilize the dune. The sea grape trees are prone to uprooting during
windstorms which further destabilizes the dune environment. The dune management plan includes
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04/02/02
removal of exotic vegetation replanting of the dune with indigenous species.
The City Manager stated the City is increasing enforcement of the sea turtle lighting
ordinance from March 1 st through October 31 st to ensure that upland lighting is not visible from the
beach.
With regard to a concern expressed about the new parking meters on Atlantic Avenue,
the City Manager stated the parking meters are scheduled to be installed serving five parking spaces
in each direction with a maximum walking distance of approximately 100 feet. The City Manager
explained the spacing for the block on the north side of Atlantic Avenue between Seabreeze Avenue
and Andrews Avenue currently exceeds this length, but another meter will be installed if the test
program is successful. Staff has investigated dollar bill acceptors. Other companies providing multi-
space meters with bill acceptors were on the average $6,850 more per unit than the meter currently
being tested. Anticipating the conversion of single head meters to multi-space meters this would
represent an increase in cost to replace all the meters of approximately $479,000. Furthermore, the
City Manager stated the multi-space meter program will mitigate sign clutter by allowing removal of
many existing signs stating the hourly restriction by replacing them with one sign on each comer.
As a follow-up comment with regard to the overgrown hedges in the Del-Ida area,
Mayor Schmidt stated he has received several complaints from residents that as they drive on N.E.
9th Street heading east, there is a hedge to the north blocking the view of oncoming traffic heading
south on Swinton Avenue. Mayor Schmidt suggested that Code Enforcement take a look at this too
and make sure it meets the site line requirements.
ll.B.
From the Public.
11.B.1. Jim Smith~ 1225 S. Ocean Boulevard #202, distributed a proposal to the Commission
listing 27 bicycle-friendly steps for Delray Beach (a copy is attached hereto and made an official part
of the minutes). Mr. Smith stated the Commission has done an excellent job in implementing urban
design principles and providing pedestrian friendliness along Atlantic Avenue. In addition, Mr.
Smith stated the City is also blessed with the pedestrian friendly bridge over the Intracoastal,
however, he feels the City has done little to improve bicycle friendliness. Mr. Smith feels the City
has inadvertently created a dangerous environment for bicycles. Mr. Smith stated that bicycle-
friendliness is not just about bicycle lanes, but is also about safety, education, courtesy, attitude, and
most importantly leadership.
ll.B.2. John Bennett~ 137 Seabreeze Avenue~ stated he was asked by a neighbor to inquire
about the Lane Subdivision and whether the proper permits were obtained to cut down all the trees.
He stated he would like to know what is being done about this.
Secondly, with regard to the Lane Subdivision and all the fill that was brought in, Mr.
Bennett asked if the City is satisfied that the drainage plan is adequate.
On his own behalf, Mr. Bennett commented about a statement Mr. Perlman made at
the Annual Organizational Meeting about trying to get some "new voices" to speak at the
Commission Meetings. Mr. Bennett sated he feels this is a great idea and commented that he has
been trying for the last three years to get people involved. He stated when the issue directly concerns
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04/02/02
someone, it is very hard to get them to attend a meeting. Mr. Bennett encouraged the Commission to
get some more voices and urged them to not forget those who have been attending the meetings for
quite a while because he feels they do have things to say that are worth hearing.
ll.B.3. Jennifer Wood~ 120 N. Ocean Boulevard~ commented on the outcome of the Beach
Renourishment Project and stated the project was completed quickly for which she and other local
residents are very thankful. Ms. Wood feels there are hazardous conditions resulting from the Beach
Renourishment Project and commented that there are now sections of the newly made beach which
end to a seven foot drop off to the ocean. Ms. Wood stated lifeguards cannot see children playing on
the beach directly below the drop-off points thereby allowing a dangerous possibility under high tide.
In addition, Ms. Wood stated March through October is sea turtle nesting season and asked how the
sea turtles are supposed to climb up a seven foot embankment considering they are amphibious and
do not have wings thus cannot fly. Ms. Wood urged the Commission to ask the dredging company to
return and reshape the beach so there is a gradation leading down to the ocean thereby ridding the
beach from these potentially dangerous drop-off points.
At this point, the Commission returned to Item 9.B., Conditional Use Request/Lurid
Animal Hospital.
9.B. CONDITIONAL USE REQUEST/LUND ANIMAL HOSPITAL: Consider a
conditional use request to allow the establishment of a veterinary clinic for Lund Animal Hospital,
located in the Pelican Harbor Shoppes at the northeast comer of South Federal Highway and Tropic
Isles Drive. (Quasi-Judicial Hearing)
The City Attorney stated this item will be conducted as a quasi-judicial hearing, which
allows for presentations by all involved parties, the admission of documents into the record and
public testimony.
The City Attorney asked the Commission to disclose any ex parte contacts for the
record. Mayor Schmidt stated he did have a conversation with Dr. Meredith, one of the Veterinarians
associated with the hospital. Mr. Perlman, Mrs. Archer, Ms. McCarthy, and Mr. Levinson had no ex
parte contacts.
Barbara Garito, City Clerk, swore in those individuals who wished to give testimony
on this item.
Paul Dorling, Planning and Zoning Director, entered the Planning and Zoning project
file #2002-115 into the record and stated the subject property involves a 5,300 square foot tenant
space within Tropic Isles Harbor Shopping Center. Mr. Dorling stated an application has been
submitted for a conditional use request to establish a 5,300 square foot veterinarian clinic. The hours
of operation will be Monday through Friday 8:00 a.m. to 6:00 p.m., and Saturday 8:00 a.m. to 1:00
p.m. The services will include dental care, ultrasound, laser radiographic, surgical and neurological
diagnosis. The floor plan indicates 651 square feet of kennel space within the building, which will be
used for short-term observation of animals and a day-care component.
At its meeting of March 18, 2002, the Planning and Zoning Board held a public
hearing in conjunction with the request and after discussing the proposal, the Board unanimously
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04/02/02
voted to recommend approval of the veterinary clinic subject to the following condition that the over-
night boarding of animals shall be prohibited.
Mayor Schmidt commented that when he was on the Planning and Zoning Board and
Mayfair Animal Hospital came before the Board, there was a similar concern. Mayor Schmidt
explained the restriction was that there could not be any overnight boarding unless it was medically
necessary to keep an animal ovemight for observation. Mr. Dorling stated this was discussed and the
doctor indicated that he had a special person that he would refer these types of cases to and also
indicated that in the less serious cases, they would even take some animals home.
Mr. Perlman moved to approve the Conditional Use request to allow the establishment
of a veterinary clinic for Lund Animal Hospital with the caveat that over-night boarding of animals
be prohibited, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms.
McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes.
Said motion passed with a 5 to 0 vote.
9.C. REQUEST FOR SIDEWALK WAIVER/THE BROOKFIELD COMPANY:
Consider a request from The Brookfield Company for a waiver of Section 6.1.3 of the Land
Development Regulations providing relief from the installation of a sidewalk on the north side of NE
4th Street and the east side of Fisher Lane.
Paul Dorling, Planning and Zoning Director, stated the waiver request has been
submitted in conjunction with a proposal to redevelop the properties located at the northeast comer of
N.E. 4th Street and Fisher Lane (Lots 42-45, Las Palmas Subdivision), which are zoned R-l-AA
(Single Family Residential).
Pursuant to LDR Section 6.1.3(B)(1), redevelopment of the properties requires the
installation of a five foot wide sidewalk along Fisher Lane and N.E. 4th Street. The applicant
submitted a request to waive this requirement and has indicated the sidewalk waiver is necessary
because he feels there is no logical reason for building sidewalks in this area and a sidewalk would
distract from the aesthetics in this area. Mr. Dorling stated prior to granting a waiver, the approving
body shall make a finding pursuant to LDR Section 2.4.7(B)(5) as listed in the Planning and Zoning
Staff Report.
The Development Services Management Group (DSMG) and the City Engineer
reviewed the waiver request and did not support the waiver based upon the reasons embodied in the
Comprehensive Plan policies referenced above. Staff feels it is appropriate to deny the waiver
request.
Michael Weiner~ Attorney representing Brookfield Company~ stated there are two
new homes being built in this area on Fisher Lane and has been before various Boards. Mr. Wcincr
stated Fisher Lane is presently a public right-of-way twelve feet (12') in width. Mr. Weincr stated
this raised thc issue of this particular sidewalk which would be placed within thc casement area. Mr.
Weiner stated there is no logical reason for building sidewalks in this area and feels it is not a
practical solution. Mr. Weiner stated any sidewalk to be built would not link to any other sidewalk
and would only create safety hazards for pedestrians. Mr. Weincr feels a better proposal would be to
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04/02/02
take an easement for a sidewalk along N.E. 4th Street and invoke a very specific provision.
Mr. Perlman moved to deny the request for the sidewalk waiver, seconded by Mr.
Levinson. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman -
Yes; Mrs. Archer - No; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion to deny passed with
a 4 to 1 vote, Mrs. Archer dissented.
9.D. SPECIAL EVENT REQUEST/CARIBBEAN AMERICAN FESTIVAL:
Consider approval of a special event request for a Caribbean American Festival to bc held on June 1,
2002 from 11:00 a.m. to 11:00 p.m. at Old School Square, including a waiver of LDR Section
4.6.7(D)(3)(j)(ii) to allow event signage to bc placed more than one week prior to event, trash
removal/site clean up, EMS service, staff support for security and traffic control with thc sponsor
paying fifty (50%) of overtime costs, contingent on thc sponsor providing liability insurance and a
hold harmless agreement.
Mayor Schmidt stepped down and passed the gavel to Vice-Mayor Perlman.
Robert A. Barcinski, Assistant City Manager, stated this is a request to endorse the 1st
Annual Caribbean American Festival proposed to be held on June 1, 2002, from 11:00 a.m. to 11:00
p.m. at Old School Square. The event is being sponsored by the Haitian Cultural Society of the Palm
Beaches and they are also requesting staff assistance for traffic control and security, EMS service,
trash removal and site clean up, a waiver of LDR's Section 4.6.7(D)(3)(j)(ii) to allow event signage to
be placed more than one week prior to the event, and a 50/50 split of overtime costs. The estimated
overtime costs for the event is $4,500.
Ms. McCarthy asked where the money for overtime costs will be coming from. In
response, Mr. Barcinski stated for every other event the overtime costs come out of the City's budget
unless the sponsor pays for it.
The City Manager stated he is concerned with the City adding more special events.
Mr. Levinson stated the option the City could do is require the sponsor to pay more
than 50/50 in overtime expenses. In this particular case, Mr. Levinson stated this is their first event
and feels a 50/50 split is the right thing to do. However, for some of the older events, Mr. Levinson
suggested that the City shift the burden to the sponsor and that this be part of the review.
Mrs. Archer asked when the Commission can expect to have some criteria for
assigning categories to events so that they will know how many of what kind and how extensive the
involvement is on the part of the City. In response, the City Manager stated the challenge the City
faces is finding the staff time to complete this. Ms. McCarthy asked if it is possible for this to be
completed before next fiscal year's budget. The City Manager stated this should be completed by
that time.
At this point, Mayor Schmidt returned to the dais.
-27-
04~2~2
Ms. McCarthy moved to approve the special event request for a Caribbean American
Festival to be held on June 1, 2002, from 11:00 a.m. to 11:00 p.m. at Old School Square, seconded by
Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer -
Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5
to 0 vote.
9.E. NAMING RIGHTS AGREEMENT/DELRAY BEACH TENNIS CENTER:
Consider approval of an agreement with Superlative Group Inc. to act as a Non-Exclusive Agent for
the City of Delray Beach to sell naming rights for the Delray Beach Tennis Center.
Robert A. Barcinski, Assistant City Manager, stated the agreement essentially reflects
the scope of work, terms, and conditions contained in the original proposal.
Mr. Perlman commented about the section in the agreement under #1(a) - Marketing
Relationship where it states "During the term of this Agreement, Superlative shall be the exclusive
marketing representative of Delray Beach relating to the sale of thc corporate naming rights for the
Tennis Center." Mr. Perlman asked if there are current restrictions for companies that are blocked out
from Flight Media and/or MatchPoint. The City Attomey stated she has provided the Commission
with a memo explaining the various contractual obligations. Therefore, the City Attomey stated if the
City were to enter into an agreement with two particular companies that is the only Flight Media
restriction they would have.
Mr. Levinson stated it may be appropriate to add an exclusion in the agreement for the
two companies. The City Attomey suggested adding the words "subject to current agreements."
Prior to the vote, Ms. McCarthy inquired about Item #3(a)(1) under Compensation
where it states "Superlative will receive a research assessment fee of Thirty Thousand Dollars
($30,000) for services to perform market analysts of Naming Rights valuation for the Tennis Center."
Ms. McCarthy asked what this market analyst is going to do. In response, the City Manager
explained that # 2(g) lists ten items the Superlative shall have.
More specifically, Ms. McCarthy inquired as to why the City needs this evaluation in
order to sell the naming rights to the tennis center if there are events already in place and the City is
already establishing the value. In response, Mr. Dubin explained an expert is needed in order to
evaluate the value.
Mr. Levinson stated he feels the real value is Item #2(g)(4) and commented that he
spoke to the City Manager about this particular component. Mr. Levinson stated by using a firm who
has experience, the City will benefit from what other communities have done and he feels this is very
significant.
Mr. Perlman moved to approve the Naming Rights Agreement with Superlative
Group, Inc. for the Delray Beach Tennis Center subject to and not contrary to existing agreements,
seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr.
Levinson - Yes; Ms. McCarthy - No; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed
with a 4 to 1 vote, Ms. McCarthy dissented.
-28-
04/02/02
9.F. CRA APPLICATION FOR TEA'21 FUNDING FOR WEST ATLANTIC
AVENUE: Consider a request from the Community Redevelopment Agency for the City's
participation and assistance with the CRA's application to the Metropolitan Planning Organization
(MPO) for TEA'21 funding for enhancement or beautification activities on West Atlantic Avenue
from 10th Avenue to 12th Avenue.
The City Manager stated the CRA would like the City to write a letter in support of
their application stating if they get the grant and the City completes the beautification of West
Atlantic Avenue, that the City will maintain it in the future.
Mr. Perlman moved to approve the request from the CRA for the City's participation
and assistance with the CRA's application to the MPO for TEA'21 fimding for the beautification on
West Atlantic Avenue from N.W. l0th Avenue to N.W. 12th Avenue, seconded by Mr. Levinson.
Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy- Yes; Mayor
Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote.
9.G. SECOND APPOINTMENT TO NOISE COMPATIBILITY ADVISORY
COMMITTEE {NCAC)/BOCA RATON AIRPORT AUTHORITY: Appoint the second member
to the Noise Compatibility Advisory Committee (NCAC) for the Boca Raton Airport Authority. The
term is for one (1) year. Based on the rotation system, the appointment will be made by
Commissioner Archer (Seat #2).
Mrs. Archer moved to appoint Bill Schwartz to the Noise Compatibility Advisory
Committee (NCAC) for the Boca Raton Airport Authority for a one year term, seconded by Ms.
McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt -
Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0
vote.
9.H. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one (1)
regular member to the Code Enforcement Board to fulfill an unexpired term ending January 14, 2005.
Based upon the rotation system, the appointment will be made by Commissioner Levinson (Seat #3).
Mr. Levinson moved to appoint Beril Kruger as a regular member to the Code
Enforcement Board to fulfill an unexpired term ending January 14, 2005, seconded by Mr. Perlman.
Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs.
Archer - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote.
9.I. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1)
alternate member to the Board of Adjustment for an unexpired term ending August 31, 2003. Based
upon the rotation system, the appointment will be made by Mayor Schmidt (Seat #5).
Mayor Schmidt stated he would like to defer his appointment to the Regular Meeting
of April 16, 2002.
0.J.
APPOINTMENT OF THE CHAIRPERSON OF THE PUBLIC EMPLOYEES
RELATIONS COMMISSION: Appoint the chairperson of the Public Employees Relations
Commission (PERC) for a four year term ending January 29, 2006.
-29-
0~02~2
Mr. Perlman moved to appoint Todd Jackson as Chairperson of the Public Employees
Relations Commission (PERC) for a four year term ending January 29, 2006, seconded by Mr.
Levinson. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes;
Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0
vote.
9.K. APPOINTMENT TO THE ELDER READY TASK FORCE: Appoint one (1)
member to the Elder Ready Task Force for an unexpired term ending November 1, 2002. Based on
the rotation system, the appointment will be made by Commissioner Archer (Seat g2).
Mrs. Archer moved to appoint Karen Schell as a member to the Elder Ready Task
Force for an unexpired term ending November 1, 2002, seconded by Mr. Perlman. Upon roll call the
Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor
Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote.
9.L. APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD: Appoint the
following members to the Nuisance Abatement Board; two (2) regular members with term ending
March 31, 2004 and one (1) regular member to fill an unexpired term ending March 31, 2003. Based
upon the rotation system, the appointments will by made by Commissioner McCarthy (Seat g4),
Mayor Schmidt (Seat #5) and Commissioner Perlman (Seat gl).
Ms. McCarthy moved to appoint Janet Patrick as a regular member to the Nuisance
Abatement Board with a term ending March 31, 2004, seconded by Mr. Perlman. Upon roll call the
Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes;
Mr. Peflman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote.
Mayor Schmidt moved to appoint Edward Ostrowski as a regular member to the
Nuisance Abatement Board with a term ending March 31, 2004, seconded by Mr. Perlman. Upon roll
call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman -
Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with 5 to vote.
Mr. Peflman moved to appoint John Miller, Jr. as a regular member to the Nuisance
Abatement Board to fill an unexpired term ending March 31, 2003, seconded by Ms. McCarthy.
Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs.
Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote.
9.M. APPOINTMENTS TO THE KIDS AND COPS COMMITTEE: Appoint two (2)
members for the category of "Other Representation" to the Kids and Cops Committee for a two year
term ending November 30, 2003. Based upon the rotation system, the appointments will be made by
Mayor Schmidt (Seat g5) and Commissioner Perlman (Seat gl).
Mayor Schmidt moved to appoint Jennifer Buce as a member to the Kids and Cops
Committee for a two year term ending November 30, 2003, seconded by Mr. Perlman. Upon roll call
the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms.
McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote.
-30-
04/02/02
Mr. Perlman moved to appoint Officer Francis Moschette as a member to the Kids and
Cops Committee for a two year term ending November 30, 2003, seconded by Ms. McCarthy. Upon
roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy -
Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote.
12.
FIRST READINGS:
None.
Comments and Inquiries on Non-Agenda Items.
13.A. Ci.ty Manaller.
The City Manager had no comments or inquiries on non-agenda items.
13.B. City Attorney.
The City Attorney had no comments or inquiries on non-agenda items.
13.C.
13.C.1.
Ci.ty Commission.
Commissioner Archer
Mrs. Archer stated the Metropolitan Planning Organization (MPO) Meeting that she
recently attended had some wonderful announcements. One was applications for bus shelters would
be available in 5-6 weeks. Mrs. Archer stated she has a presentation that was made on a design with
regard to bus shelters for the City Manager. Mrs. Archer stated there was also a submission from a
company that has been approved by Boca Raton to make shelters that are less expensive and appear
to be quite adequate without any advertising.
Secondly, Mrs. Archer stated the MPO and the South Florida Water Management
(SFWM) are pursuing the ability of putting bicycle paths and walkways along their canals. Mrs.
Archer stated this is something they have repeatedly opposed and they are working very hard to try
and make sure that we can indeed do this if the City so desires.
Mrs. Archer announced that she will not be at the April 9th Workshop Meeting
because she will be out of town.
13.C.2.
Commissioner Perlman
Mr. Perlman stated he spoke to Tom Lynch today with regard to the Magnet Program
at Pine Grove Elementary School and commented that there was a story in today's paper and he asked
for the City's position on whether or not the City would support loosing the magnet program or
change to what is being proposed. Mr. Perlman stated he informed Mr. Lynch that his personal
thoughts are he is concerned about loosing the Magnet Program because the City is in pursuit of a
middle school of the arts. Therefore, Mr. Perlman stated he would like to see the current program
maintained and strengthened.
-31-
04/02/02
It was the consensus of the Commission to maintain the current program at Pine Grove
Elementary School and that it is in need of strengthening.
Mr. Perlman commented that an effort be made to keep the opening prayers non-
denominational.
13.C.3.
Mayor Schmidt
Mayor Schmidt stated he received a letter from Seventeen Magazine which states
Kristi Caruso of Delray Beach is the winner of the 5th Annual Seventeen Cover Girl Volunteerism
Award. She will be featured in the magazine as well as receiving a scholarship. In addition, Mayor
Schmidt stated Kristi will also be going to New York for an awards lunch on April 24, 2002.
13.C.4.
Commissioner McCarthy
Ms. McCarthy stated the presentation this weekend went very well.
13.C.5.
Commissioner Levinson
Mr. Levinson had no comments or inquiries on non-agenda items.
10:00 p.m.
There being no further business, Mayor Schmidt declared the meeting adjourned at
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 2, 2002, which Minutes
were formally approved and adopted by the City Commission on
-32-
04/02/02
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.
-33-
04/02/02
March 25, 2002
27 Bicycle Friendly Steps for Delray Beach
Establish a Citizens' Pedestrian/Bicycle Advisory Board for Delray Beach.
Budget/hire a Pedestrian/Bicycle Coordinator (new position).
Amend the Comprehensive Plan to include Pedestrian/Bicycle goals,
objectives and policies.
4. Adopt a Pedestrian/Bicycle Master Plan based on recommendations
received from the Citizens' Pedestrian/Bicycle Advisory Board.
e
Build an integrated network of five East/West and six North/South bicycle
lanes (4'wide):
a. Linton Blvd. from A1A to US1 and from Congress Avenue to
Military Trail.
b. S.E. 10th Street from Federal Highway continuing westward on
Lowson to Military Trail.
Atlantic Avenue from A1A to the east side of the bridge; and from the
west side of the bridge to US1, and then from Congress to Military
Trail.
d. N.E. 4th Street from Federal Highway to Swinton; continuing as Lake
Ida Road to Military Trail.
e. George Bush Blvd. From A1A to Swinton Avenue.
(In the design phase). A1A will be widened for an undesignated
bicycle lane from Spanish River to Linton in 2003; and, from Linton
to George Bush Blvd. in 2005-6.
g. Federal Highway from the southern to the northem boundaries of
Delmy Beach.
dt~ ~tr~
March 25, 2002
2 7 Bicycle Friendly Steps for Delray Beach
h. Seacrest Boulevard from the northern boundary of Delray Beach,
continuing southward on NE 2nd Avenue to Atlantic Avenue.
i. Swinton Avenue from the northern boundary of Delray Beach to
Lowson (S.E. l0th Street).
j. Congress Ave. from the southern to northern boundaries of Delray
Beach.
k. Barwick Road from the northern boundary of Delray Beach to
Atlantic Avenue.
1. Military Trail fi'om the northem to the southem boundaries of Delray
Beach.
Design and construct a network of multi-purpose pathways within a 2 mile
radius of all existing schools and the new Atlantic High School location so
that school children will have a safe way to walk and bicycle to school.
7. Make all sidewalk comers in Delray Beach wheelchair and bicycle friendly.
8. Remove glass, trash and other debris from the sides, edges and gutters of all
roads within the city limits.
9. Complete the 2002 TEA-2I application for bicycle related projects instead
of more sidewalk beautification projects that are less likely to be approved.
10.Purchase and install more bicycle racks in the City. The bicycle racks
should hold the bicycle frame, not just a wheel, and be designed for a U-
shaped shackle lock.
11.Educate motorists to watch out for and share the road with cyclists. For
example, Delray Beach could affix bumper stickers to all its vehicles that
read, "Bicycles are Vehicles/It's the Law" or "Watch Out for Cyclists/Use
Your Turn Signal" or "Bicycles Are Vehicles/Share the Road".
March 25, 2002
2 7 Bicycle Friendly Steps for Delray Beach
12. Build and promote an "Official Cyclists Rest Stop" on A1A near Atlantic.
13.Promote bicycle education and safety by publishing and distributing
pamphlets with safety tips for children, adults and motorists.
14.Prepare and distribute a "bicycle suitability" map for Delray Beach.
15.Ask Planning & Zoning and the Parking Management Advisory Board to
review and propose a bicycle/car parking space ratio for new developments
(perhaps 1:10).
16. Require new construction and encourage existing business and residential
developments to provide secure and convenient bicycle storage.
17. Request the CRA to plan and provide bicycle lanes and racks as part of its
redevelopment activity.
18. Build:
a. A network of sidewalks and shared, multi-use pathways.
b. An extensive greenway network -- off road paths that run
parallel to streets (Dixie Highway should be considered).
c. Bicycle trails around waterways.
d. A children's bicycle obstacle course
19. Stage bicycle events - such as a "Historic Bike Tour of Delray Beach";
"Safety Rodeos for Kids"; "Safety Safari"; police escorted bicycle rides.
20. Work with the Florida Department of Transportation to accelerate the
current schedule of 2005-2006 for filling in the missing sidewalk gap along
the west side of A1A between the Seagate Hotel and the Sandoway House,
and between the Marriott and the north end of the beach, so that young or
inexperienced cyclists will have a safer alternative to crossing A1A and riding
on the already congested sidewalk on the east side of A1A.
March 25, 2002
2 7 Bicycle Friendly Steps for Delray Beach
21. Welcome cyclists to Delray Beach with signs that read "Delray Beach Loves
Cyclists" or "Delray Beach is Bicycle Friendly" or "Delray Beach Welcomes
Cyclists".
22. Petition Palm Beach County to allocate more resources toward building
bicycle lanes, paths and trails; and to educate and encourage cycling as an
alternative to driving.
23. Promote National Bicycle Month (May) and "Bike to Work Week" (May
13th _19th).
24. Check to make sure our schools are teaching pedestrian/bicycle safety in the
kindergarten through the third grade levels.
25. Suggest that existing businesses, and require new businesses, to install
shower facilities so that cyclists can realistically ride to work.
26. Add more road signs informing motorists that bicycles are vehicles and to
share the road.
27. Replace diagonal parking with parallel parking along A1A, just south of
Atlantic Avenue.
Jim Smith
18 ~00~ 8:408M
THE
WILSOM GROUP
(850)
~31-99~4
THE WILSON GROUP
March 19, 2002
Mayor and City Commissioners
City of Delray Beach
100 lxlW 1s~ Avenue
Delray Beach, Florida334~4
Fontaine Fox Housc
North Ocean Boulevard
Dear Mayor and Commissioners:
It has been brought to our attention that the above referenced property has been presented
to the City for delisting of its historic designation and replatting. We have recently
relocated to northwest Florida and have not been involved in these discussions.
However, the historic preservation p~ople and other inter~ parties have asked us io
provide some background into our intent, and our discussions with the City, back in 1989
when we listed the property.
In 1984, the year we purchased the property, we investigated the possibility of
subdividing the back property sometime in the future. We had some discussions with the
City and had a preliminary plat engineered for 4 lots to determine a poss~'ble development
scenario...then put it "on the shel£'.
When we purchased the property, it included a small parcel of land on the ocean with 90'
of frontage on A1A. We were intrigued about the possibility of building a house on that
land but were told by the City at the time that the 90' lot was non-conforming. A few
years later, the state was in discussions about moving the Coastal Construction Control
Line landward and in 1989, we were told it was imminent. By then we had moved to
Hawaii, but intended to return to our property in Delray. We had always remained
interested in re-opening discussions with the City about developing the ocean lot and
knew that we had to get serious Dom a time perspective because of the pending
legislation regarding coastal construction, which would have precluded any future
development of that ocean front 17roperly. Subsequently, working with the City, we
brought the lot into conformance.
At that point, we felt it important to take stock of the important property we had been
fortunate to acquire, and began working with a landscape architect, land use attorney, and
P.O. BOX 4891 SEASIDE FLORIDA 32459-4891
PHONE: (850) 231-9942 ~, PAX: {$5C.) 231-9924
MAR
Ii) ~002 8:40FIM THE ~ILSOI't ~ROUP (BSO) I~31-$$24
an architect well known for work in historic preservation. The house and property at 610
is truly a glimpse at old Florida. Here you have what was an early beach cottage (1935)
built out of cypress clapboard siding, both inside and out, cypress being one of the early
materials used in south Florida construction.. It was designed by well known architect,
John Volk, whose architecture has left an imprint in Palm Beach, as well as Gulf Stream
and Delray. His widow, Jane Volk, has .just released a book on him. The house was
designed for a nationally' known cartoonist, Fontaine Fox, known for his cartoon,
Toonerville Trolley, which was syndicated nationally fi.om 1915 to 1955. Mr. Fox was
one of several cartoonists who made his winter home in Delray. He and others had their
offices on the second floor of the Arcade Building. When Fox was designing thc house,
thc paper, (The Delray Beach News, November 2, 1934) in an article discussing Fox's
winter studio, also said
"Fox has not limited his creative abilities to ;mn and imk media...he has constructed a beach ftunt
house tha~ nobody clse would have dared erect. While ~he house is co~,,~odio~, modern, and
sturdy, bis design gives it the general appearance of Toonerville's trolley startin~ to sen...a~ it is,
lit~ house is a focal point of interest and is worth a long, long drive to sec",
The house sits on almost 2 ½ acres of land. As you walk through the property from
Ocean Boulevard to Andrews Avenue, you first come to a stand of very tall gumbo limbo
trees curving over from exposure to ocean breezes. As the dune drops down toward the
back of the property you realize you are in a hardwood hammock (the list of vegetation
exists at the city). It is our understanding that the Spanish River used to run through this
property before the intracoastal was built, and remains of that can be seen after heavy
rainfall when water runs through the lower part of the lot.
It was our feeling that the property itself was the last glimpse of what Florida's
ecosystem was like fi.om the dune line down to the intracoastal. It was as is said in
historic districts, the "route ensemble" like in New' Orleans, or in Charleston, where the
historic districts were designated independent of whether every house in the district was
significant. It was how the area looked as a whole. The property went from the top of the
dune back to Andrews, where it connects with FIND land, which abuts the Intracoastal.
We don't believe there is any other place left in Palm Beach county where you can see
the ecosystem or topographic system still in tac! such as it is at 610 Ocean Boulevard.
It was after assessing the historical si,tmificance of the house and the
ecosystem/environmental significance of the property that we felt it was appropriate to
l/st the house and property on the local Historical Register to/nsure that the house and
property would be protected. We listed our property on the local register, limited the
development of the back property to one house and secured the right to build on the
oceanfront property. This was approved aler many meetings with the local Historic
Preservation Board, the former Historic Palm Beach County Preservation Board (state
board), the Beach Property Owners' Association, the Historical Society, as well as to
several neighbors, all of whom were involved with tlgs recommendation and approval.
The house and property were also eligible for listing on the National Register of Histor/c
Places.
We followed through v~ith designing a house on the beach, which reflected the same
architecture as the existing house, clapboard siding, porches, sb./ngle roofs, etc. and
brought our architect to the meetings for extensive discussions, but continued to live in
the subject property until the sale to the current owner. (Copies of this plan should be in
Lhe City files.)
We have always felt that th~ property to bc of special significance to Dclray and have
had many happy years there. It is our hope that this background w/Ii complete the record
and answer any questions as to our intentions in l/sting thc property in 1989.
If you have any questions, please feel free to contact uz at the number below.
Respectfully yours,
Oyce and Rod Wilson
~'d ~-I£~ (058! dno~9 MOSqI~ 3HZ MHO~:8 ~00~ 8I a~
ELIZABETH STEELE FORMAN
3322 Monument Avenue
Richmond, Virginia 23221
$04-353=8809
804-353-3552 (facsimile)
Mayor and City Commissioners
City of Delray Beach, Florida
100 Northwest First Avenue
Delray Beach, Florida 33444
Dear Mr. Mayor and City Commissioners:
I want to congratulate you on all Delray Beach has done ia the last couple of
years to support and encourage proper historic preservation in my beloved hometown.
Although now a resident of one of this country's most historic cities, hying on the only
street in the United States to have its own National Historic Register Landmark status, I
am even prouder of having grown up in the "village by the sea!" As a former Floridian,
I am often asked for recommendations on where to vacation, and I am happy to say I
have sent many people your way to such quaint and wonderful places as the Seagate
Hotel and Beach Club, the marvelously restored Colony Hotel and others. My friends
return charmed by the magic of our special city, and then, in turn, recommend it to their
friends.
I write to you today because I am very concerned about the possible removal of
a siLznificant piece of property from the Delray Beach Historic Register. Being quite
involved in historic preservation in Vita-ia, I nonetheless keep a very close eye on
what happens in Delray Beach, both through the media and personal contacts.
Although it saddened me to see most of the beautiful historic houses on the beach tom
down for new construction of questionable taste, it encouraged me to read (ma 1997
Palm Beach Post article) that the developer of said properties had himseffbought a
historic property (the Fontaine Fox house and property) and promised to not tear it
down, but "]cee]~ it exactly Ii]ce it i~." (2Oalm Beach ~'o~t. Jo,nar), lP. ]PP7) To my
horror, I have just recently learned that this promise is no longer valid, and that Mr.
McI~inney proposes to do something so extreme it is to the point of the
ridiculous ..... actually attempt to remove the already hsted property from the Historic
Register.
Historic districts and historic preservation can only work if there is a cohesive
effort by aU involved to support the existing regulations and model the highest
standards. Both Joe Riley, Mayor of Charleston. South Carolina and my friend, Tim
Kaine, former Mayor of Richmond and the current Lieutenant Governor of Vir..crinia,
can give you instances of developers coming into their cities, presenting themselves as
preservationists and then later derna, dir~g exceptions to the rules because they felt they
0~' 0:~:
Elizabeth S~eele Forman $04-353-355~
were the economic saviors of the city..'These'mayors stood strong and yet the
developers remained, and worked within the ,,iiuctu~e of histolic preservation the cities
had set for themselves. The result? Both cities are flourishing, and brining in many
tourism dollars because oftheix u~ique historic atmospheres. ! have met ]Viayor Riley in
the past and Tim Kame is a personal friend of mine. I would be more than happy to put
you m touch with them should you wish further opinions regarding historic preservation
and the economic development ora city.
To be sure, I am not a "preservation professional", but I am a volunteer with a
long history of involvement..To put it m terms that I like to use .... and that are certainly
not technical ...... preservation is like dominoes. It only takes one significant piece to
fall, and then it becomes practically impossible to keep everything else standing as it
should. Please don't let the Fox property be taken out of the protected status that it took
so long to obtain. Delray is indeed Florida's quaint and beautiful "village by the sea." It
took a lot of work over a number of years to secure that title, and we must keep working
together to maintain it.
Thank you aU for ta~ng the time to consider this letter from one is no longer a
resident, but who, indeed, tries to do her share in supporting Delray's economy! My
family and I look forward to our annual £our weeks stay at the Seagate this summer, and
enjoying all the wonderfifl things that are happening m my historic hometown.
p.3
Sincerely,
Elizabeth Steele Forman
FROI'I-:
l~ I TE TO
FAX I~. : 56127~5,-~724
~lpr. 16 ;--X)02 ll:-I?Al.I P2
An excellent reason for not allowing any mom lots than were already
approved in 1989 is this: an agreement was made between two parties, the
City of Delray Beach and the Wilson's.
The City's requirement was to grant a variance on a non-conforming beach
1o~. The Wilson's requirement was ~o place the home on the local Historical
Register and agree to an ordinance that restricted very precisely what could
be done with the property with those restrictions running with the land, not
the owner. The Cily of Delray has ~1611ed its end ofthe bargain the price
was paid with the variance for the beach lot. The value received was
preserving the Fomaine Fox ~mte.
Now Fra-k McKinney wants to develop the back of thc Estate-- the same
ordinance ex/sts today that was paid for dearly in the way ora very valuable
variance an. th, ocean lot. The Ci~ Con. sion need not giv, Frank
mcKinney a thing. It is he who needs to hold up what is ,,n0w~ his end of the
bargain after the purchase of the Fox Estate.
F?OI,,1,: · hiP. ! TE TO HE
FAX IlO.
Apr. 16 ~00~
Monty Helm
1221 Harbor Drive
Delray Be~ct~ Florida 33483.
April 1, 2002
Mayor and City Cornmi~ion
City of Delray Beach
100 N.W. l= Avenue
Delray Beach, Florida 33444
Dear Mayor and City Commission,
A few days ago I wrote what I thought was a wonderful letter to be read ax the City
Coxmnission meeting the night of April 2, 2002 in regards to my expeHgnee in 1989,
concerning the evgtmml historic designation ofthe Fontaine Fox estate and the passing of
Ordinance 70-89.
This morning, after reading .royce Wilson's letter to Susan Ruby, which I trust you have
all read, dat~l March 28, 2002, I threw my letter out. In her letter Joyce covered in her
own words, eveD4aing I was going to try to convey to the Commission about the care
that the W'flson's had given the Fontaine Fox estate even when they were living in
Hawaii. Also, she shows without question their intent to protect the property from further
development. The be. st I can do is to make some comments and ask a few questions.
1. In 1989 1 was a board member ofthe Beach Property Owner's Association. I can say
that'there were dozens of people involved in the efforts to get Ordinance 70-89 passed,
including the City Cotranisslon and Stafl~ many neighbors and other local citizens, the
Beach Property Owner's Associatio~ the Dekay Beach Historical Society and Historic
Pregervation Board. Wkh ail of these people and orga~i~tions involved not one of them
had anything 6nant-ial W gain.
2. In her letter, the resolve and intent of the W'flson's to preserve and protect the emtate
fxom dev~lopmera was very clear. The resolve and intern of the 1992 City. Commission
,not to allow any fixture change to the ordinance was also cleat and w~s tested in June
1992 when a request for art 850 square foot addition to the propova~d plan for the beach
house was fl~tly denied!
3.In a phone conve~-sation I b~a with Joyce Wilsou a f~w days ago, she told me that
wh~ Frank McKinney approached them about buyiug the Fomaine Fox Estate, they told
him of the developmem restrictions of Ordinance 70-89 and about the estate being on the
local Historic Register. Then he told them, sitting in their own living room, that he and
his family where going to make it the& home and would keep the property just as it was.
FoROI,'h: ,, I~IR I TE TO ME
F~X !1o. : ~612767724 ~pr. 16 2.002 11:48~H P4
4. I am completely ~ to the idea ofallowi~ Frank McK~ney, or anyone else, to
add even one extra lot to the back of the estate and am absolutely opposed to ]Opl:fing off
a part of the historically designated ground for any reason.
5. A few days ago I saw a car enter the property from Andrews Avenue with Wendy
Shay, Nancy Davfla, and Paul Dorling in it. I believe they could see d~at there is much
on the property worth saving. Please tell us all what it is that you saw on the back of the
property. Also, why is thee not even a tree survey much less an
ecosystem/environmental assessmem of the property? Did you see t~e hammock? Did
you see a group of the most incred~le Gumbo-limbo trees in Florida? Did you walk off
the proposed 50 feet buflL, r to see whaI good it would do? I did and it doesn't even get
you back to where the Gumbo-limbo begins. I think you need at ]east 150 feet.
6. To reach the same elevation as the Lane property, just north of the Fomalne Fox
property, would the amount of fill lcfii every living tree behind the Fomalne Fox home?
7. Why is this request in from ofthe City Co-~,i~sion with so runny unanswered
questions regaxd~E the she itself?.
$. Why. does anyone want to set a precedent that can have nothing but negative affects
for all of us except for Frank McKinney?
9. How ate people who care about preservation ever going to trust the City of Delray
Beach atter making a joke out of what countless citizens, civic boards, neighborhood
groups, the City st~ the City Corrnn~nsion, and Joyce and Rod W'flson caringly put
together in 19897
10. I was there in 1989 and I _sm appalled.
11. Finally: Think about this: Ordinance 70-89 is doing it's job. The only reason you
are voting on this tonight is because of the existence of 70-89. If it did not exist some
developer would have bulldozed ix a long lime ago.
There are only five ofyou who will make this decision tonight. There were dozen ofus
who worked on the agree~t to protect and preserve the Fomaine Fox Esxate property.
How in good cons~itmce can you vote w change k?
Most sincerely,
Monty~elm
APRIL 8 2002
A Special Meeting of the City Commission of the City of Delray Beach, Florida,
was called to order by Mayor David W. Schmidt in the City Manager's Conference Room at City
Hall at 8:00 a.m., Monday, April 8, 2002.
Roll call showed:
Present -
Commissioner Jon Levinson
Commissioner Jeff Perlman
Mayor David W. Schmidt
Absent-
Commissioner Patricia Archer
Commissioner Alberta McCarthy
Also present were - Assistant City Manager Robert Barcinski
City Attorney Susan A. Ruby and
City Clerk Barbara Garito
Mayor Schmidt called the meeting to order and announced that it had been called
for the purpose of considering the following item:
(1) REPLACEMENT OF PINE GROVE ELEMENTARY SCHOOL MAGNET
PROGRAM:
Carole Shetler~ Palm Beach County School District~ gave a brief presentation
regarding the proposal for the new Pine Grove Pilot Program because the current fine arts
magnet program is not effective. With regard to the FCAT testing, there was a decline in test
scores in reading, math, and writing. These test scores indicate a lack of achievement.
The purposes of this pilot program, "quality teacher" is defined as: (1) A teacher
who chooses to work at Pine Grove, (2) A teacher who can demonstrate an ability to
significantly improve student performance among a high-risk population, and (3) A teacher who
is willing to commit additional time and energy toward the improvement of student performance.
Ms. Shelter stated teachers who elect to and are selected to teach at Pine Grove would receive a
supplement of $7,000 per year. The School Board and the Teachers Union have agreed upon
this.
Ms. Shetler stated agreements would require the signatures of the teachers,
parents, and students. In addition, professional training for teachers will focus primarily on three
main areas: (1) Reading, (2) Mathematics Strategies, (3) Single School Culture (Discipline) (a
copy is attached hereto and made an official part of the minutes).
As part of the agreement, teachers would have to commit or agree to a four (4)
year pilot program. Teachers will be asked to make a one-year commitment the first year. At
the end of the first year, both the teacher and principal must agree to the teacher remaining at
4/08/02
Pine Grove. Teachers, who elect to stay and are asked to stay at the end of the first year, will be
asked to make an additional 3-year commitment.
(2) COMMISSION COMMENTS:
Brief discussion by the Commission followed.
After discussion, it was the consensus of the Commission to rescind Tuesday
night's decision to continue to support the Magnet Program at Pine Grove Elementary School.
Before the Commission fully supports the pilot program they would like to wait until after the
Palm Beach County School Board's Special Meeting of April 8, 2002 to see what transpires.
The Commission also feels that parent support and input is vital to their decision as to whether or
not they will support the pilot program.
Mayor Schmidt declared the Special Meeting adjourned at 9:15 a.m.
ATTEST:
City Clerk
MAYOR
The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information
provided herein is the Minutes of the Special Meeting of the City Commission held on April 8,
2002, which Minutes were formally approved and adopted by the City Commission on
City Clerk
NOTE TO READER: If the Minutes you have received are not completed as indicated above,
this means they are not the official Minutes of the City Commission. They will become the
official Minutes only after review and approval, which may involve amendments, additions or
deletions.
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APRIL 16~ 2002
A Regular Meeting of the City Commission of the City of Delray Beach, Florida,
was called to order by Mayor David W. Schmidt in the Commission Chambers at City Hall at
6:00 p.m., Tuesday, April 16, 2002.
1. Roll call showed:
Present -
Commissioner Patricia Archer
Commissioner Jon Levinson
Commissioner Alberta McCarthy
Commissioner Jeff Perlman
Mayor David W. Schmidt
Absent -
None
Also present were -
City Manager David T. Harden
City Attorney Susan A. Ruby
City Clerk Barbara Garito
2. Dr. Gloria Johnson, Chairman of the Executive Board with First Church of Christ
Scientist delivered the opening prayer.
The Pledge of Allegiance to the flag of the United States of America was given.
AGENDA APPROVAL.
Mayor Schmidt stated Environmental Services has
Chance Order No. 3/Final Payment/Florida Blacktop~ Inc. be
Agenda.
requested that Item 8.E.,
pulled from the Consent
Mayor Schmidt noted the addition of Item 9.J., Request for Funding/Haitian
American Community Council~ Inc. to the Regular Agenda by addendum.
With regard to Item 12.A. Ordinance No. 13-02, Mayor Schmidt stated he
received a request from the applicant that this item be postponed to a date certain with the first
reading to be held on May 7, 2002 and the second reading to be held on May 28, 2002.
Mr. Perlman moved to approve the Agenda as amended including the
postponement of Item 12.A. to the date certain of May 7, 2002, seconded by Mr. Levinson.
Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0
vote.
5_. APPROVAL OF MINUTES:
Mrs. Archer moved to approve the Minutes of the Annual Organizational Meeting
of March 28, 2002, seconded by Mr. Levinson. Upon roll call the Commission voted as follows:
Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr.
Perlman - Yes. Said motion passed with a 5 to 0 vote.
Mr. Levinson moved to approve the Minutes of the Special Meeting of April 9,
2002, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Levinson
- Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 3 to 0 vote (Ms.
McCarthy and Mrs. Archer absent).
PROCLAMATIONS:
6.A.
Bernard
Recoenizing and commending Jewish War Veterans National Commander -
Becker
Mayor Schmidt read and presented a proclamation hereby recognizing and
commending National Commander Bernard Becker for his many and varied accomplishments,
and congratulate him on his achievements as a fine example of a dedicated American. Mayor
Schmidt stated National Commander Bernard Becker will be visiting Boca Raton in the very
near future.
6oB.
Bicycle Month - May 2002
Mayor Schmidt read and presented a proclamation to Mr. Jim Smith hereby
proclaiming the month of May 2002 as Bicycle Month in Delray Beach and urge all who support
bicycling to participate in bicycle events planned during the month. Mr. Smith came forward to
accept the proclamation.
6oCo
Civility Month - May 2002
Mayor Schmidt noted a proclamation proclaiming May 2002 as Civility Month in
Delray Beach.
7~
PRESENTATIONS:
7.A. 13th Annual Del-Aire/Delra¥ Citizens for Delra¥ Police - Charities Golf
Tournament to benefit Delra¥ Beach Fire Rescue and Police Departments
Perry DonFrancisco, owner of Boston's Restaurant, stated the residents of Del-
Aire recently hosted their 13th Annual Charity Golf Tournament and for thirteen years the
proceeds of this tournament have been used to benefit the Delray Beach Fire Rescue and Police
Departments. Mr. DonFrancisco stated the generosity of the Del-Aire residents has allowed the
City the opportunity to purchase many life saving and crime fighting pieces of equipment that
otherwise the City would be unable to purchase because of budget limitations. The Del-
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Aire/Delray Citizens for Delray Police Golf Tournament has been responsible for a lengthy list
of items. Recently, proceeds have been utilized to provide and purchase thermal imaging
cameras and Automatic External Defibrillators (AED) which are located in public buildings and
also in Police and Fire vehicles.
At this time, Mr. DonFrancisco introduced the following individuals:
George Garrring
Mel Levinson the President of the Del-Aire Country Club
Jay Felner and Dan Bumheim, Co-Chairs of the charity
George Garring, Chair of the event, stated it was a great honor and privilege
and is looking forward to continuing this charity event.
Mel Levinson, President of the Del-Aire Country Club, stated on behalf of the
members of the Del-Aire County Club he is pleased to announce that this year they raised
$41,500 for a thirteen year total of over $300,000. Mr. Levinson stated $9,100 will go to the
Delray Citizens for Delray Police, $16,000 each to the Fire Department/Fire Rescue and $16,000
to the Police Department.
Russ Accardi~ Division Chief/Fire Department, stated as Mr. DonFrancisco
mentioned, there has been a lot of different equipment that the Del-Aire community has been
able to provide to the department, one in particular is the thermal imaging camera. Mr. Accardi
stated the entire department was trained on how to use the camera in some buildings that the Fire
Department was able to use to do some bum training. Mr. Accardi stated after approximately the
first week the cameras were in service there was an 18 month old pulled out of a duplex fire and
was located by a firefighter who had been trained previously on how to use the camera and who
stated he otherwise would not have seen the child by just scanning the duplex. Mr. Accardi
stated the child was in an adjacent duplex to the duplex that was involved in fire and had been
left there as the parents had exited to see what was happening in the street. Mr. Accardi stated
this is only one example of how the thermal imaging cameras are a great benefit to the citizens of
the City and stated the Fire Department appreciates the support of the Del-Aire community.
On behalf of the City, Mayor Schmidt thanked Mr. DonFranciso and members of
the Del-Aire community for their extraordinary contributions to the City.
CONSENT AGENDA: City Manager Recommends Approval.
8oA.
ACCEPTANCE OF RIGHT-OF-WAY DEDICATION/FORMAN OFFICE:
Acceptance of right-of-way dedication associated with Forman Office Building, located on the
west side ofN.E. 1st avenue, between N.E. 3rd Street and N.E. 4th Street (334 N.E. 1st Avenue).
8.B. INITIATION OF COMPREHENSIVE PLAN AMENDMENT 2002-01,'
Formally initiate Comprehensive Plan Amendment 2002-01 pursuant to Section 9.2.1 of the
Land Development Regulations.
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4-16-02
8.C. FEC RAILWAY AGREEMENT: Approve the agreement between the City of
Delray Beach and FEC Railway for the construction and maintenance of the railroad crossing
and crossing signals for NE 8th Street.
8.1).
RATIFICATION OF PERFORMANCE MEASURES FOR GOLF
COURSES AND TENNIS FACILITIES: Approve proposed performance measures for FY
2001-2002 for the Municipal Golf Course, Lakeview Golf Course, and Tennis facilities.
8.E. CHANGE ORDER NO. 3/FINAL PAYMENT/FLORIDA BLACKTOP~
INC.: Approve Change Order No. 3 in the amount of $15,781.36 and final payment in the
amount of $56,229.52 to Florida Blacktop, Inc. for completion of SE/SW Area Infrastructure
Improvements Project. Funding is available from 370-3162-541-65.45 (2000 Roadway Bond
SE/SW Area).
8.F. CONTRACT ADDITION/CHAZ EQUIPMENT~ INC.: Approve a Contract
Addition (C.O. #1) to the N.E. 4th Street Widening Project in the amount of $66,800.00 to Chaz
Equipment, Inc. to add wet well rehabilitation at Lift Station seventeen (17) and access hatch
replacement. Funding is available from 442-5178-536-61.83 (Lift Station Rehabilitation).
8.G.
CHANGE ORDER NO. 3/FINAL PAYMENT/MURRAY LOGAN
CONSTRUCTION~ INC.: Approve Change Order No. 3 in the amount of $2,464.00 and final
payment in the amount of $83,262.00 Murray Logan Construction, Inc. for the Rehabilitation of
Lift Station 31 project. Funding is available fi.om 442-5178-536-61.83 (Lift Station
Rehabilitation).
8.H. SERVICE AUTHORIZATION NO. 5.1/CH2M HILL: Approve Service
Authorization No. 5.1 in the amount of $192,007.00 to CH2MHILL for final design and
permitting of the Anion Exchange water treatment project. Funding is available fi.om 442-5178-
536-63.87 (Anion Exchange Project).
8.I. RESOLUTION NO. 32-02: Approve Resolution No. 32-02 assessing costs for
abatement action required for the emergency board-up of an unsafe structure located at 821 S.W.
10th Avenue.
The caption of Resolution No. 32-02 is as follows:
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
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4-16-02
ACTION; PROVIDING FOR AN EFFECTIVE 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.
(The official copy of Resolution No. 32-02 is on file in the City Clerk's office.)
8.J. RESOLUTION NO. 33-02: Approve Resolution No. 33-02 assessing costs for
abatement action required for the emergency board-up of an unsafe structure located at 301 S.E.
6th Avenue.
The caption of Resolution No. 33-02 is as follows:
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 EFFECTIVE 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.
(The official copy of Resolution No. 33-02 is on file in the City Clerk's office.)
8.K. RESOLUTION NO. 34-02: Approve Resolution No. 34-02 assessing costs for
abatement action required to remove nuisances on twelve (12) properties throughout the City.
The caption of Resolution No. 34-02 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF
THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, ASSESSING COSTS FOR ABATING NUISANCES
UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF
DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN
SHALL ACCOMPANY THE NOTICE OF ASSESSMENT;
SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO
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4-16-02
ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST
OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON
ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS
RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN
UPON THE SUBJECT PROPERTY FOR UNPAID
ASSESSMENTS.
(The official copy of Resolution No. 34-02 is on file in the City Clerk's office.)
8.L. RESOLUTION NO. 35-02: Approve Resolution No. 35-02 assessing costs for
abatement action necessary to remove junked and/or abandoned vehicles from four (4) properties
within the City.
The caption of Resolution No. 35-02 is as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF
THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY
REMOVING JUNKED AND/OR ABANDONED VEHICLES
WITHIN THE CITY OF DELRAY BEACH; SETTING OUT
ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH
SUCH ABATEMENT AND LEVYING SAID COSTS;
PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE
DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR
THE RECORDING OF THIS RESOLUTION, AND DECLARING
SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY
FOR UNPAID ASSESSMENTS; PROVIDING FOR THE
MAILING OF NOTICE OF LIEN.
(The official copy of Resolution No. 35-02 is on file in the City Clerk's office.)
g.M.
MOVED TO THE REGULAR AGENDA AS ITEM 9.I.
8.N. HOUSING REHABILITATION GRANT\CONTRACT AWARD: Approve
Housing Rehabilitation grant\contract award through Community Development Division in the
amount of $25,000.00 to Henry Haywood (514 S.W. 15th Avenue). Funding is available from
118-1963-554-49.19 (SHIP Housing Rehabilitation Grant).
8oOo
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS:
Accept the actions and decisions made by the Land Development Boards for the period April 1,
2002 through April 12, 2002.
8.P. AWARD OF BIDS AND CONTRACTS:
1_ Lease award to Saturn of Delray in the amount of $7,685.72 for FY 2002,
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4-16-02
($73,014.34 total lease) for seven (7) vehicles to be leased for thirty-eight
(38) months and used for the Police Department Volunteer Program.
Funding is available from 001-2113-521-44.40 (Vehicle Rental/Lease).
Ms. McCarthy moved to approve the Consent Agenda as amended, seconded by
Mr. Perlman. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor
Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion
passed with a 5 to 0 vote.
REGULAR AGENDA:
9.A. WAIVER REQUEST/COMBINATION OF ADJOINING LOTS: Consider a
waiver request to LDR Section 4.1.4(C) which requires the combination of adjoining lots of
record which do not individually meet minimum lot requirements for Lot 6, Block 1, Del-Ida
Park, located on the north side of NE 7th Street, approximately 160' east of North Swinton
Avenue. Quasi-Judicial Hearing
The City Attorney stated this item will be conducted as a quasi-judicial heating,
which allows for presentations by all involved parties, the admission of documents into the
record and public testimony.
The City Attorney invited anyone from the public who wishes to address the
Commission regarding the waiver, to please step forward at this time and be sworn in by the City
Clerk.
testimony.
Barbara Garito, City Clerk, swore in those individuals who wished to give
Jeff Costello, Principal Planner, entered the Planning and Zoning project file
#2002-106 into the record.
The proposal involves a waiver to a lot located on the north side ofN.E. 7th Street
east of Swinton Avenue. The request is a waiver to allow the development of Lot 6, Block 1 of
Del-Ida Park, a vacant lot that does not currently meet the minimum requirements of 75 feet
width or the minimum square footage of 9,500 square feet. The lot measures just 50 feet x 120
feet and is 6,000 square feet in area. LDR Section 4.1.4(C) requires that if two (2) or more
adjoining lots of record are under the same ownership they shall not be developed except in
accordance with the minimum frontage and the lot area requirements. However, the intent of
this request is to allow the lot to be aggregated with the adjacent 50 foot lot to the east.
At its meeting of February 20, 2002, the Historic Preservation Board reviewed the
waiver request for Lot 6, Block 1 and voted unanimously (6-0) to recommend approval of the
waiver request. Mr. Costello stated the Board felt that the approval of the waiver request to
allow the development of a non-conforming lot would be consistent with the development
patterns in the Del-Ida Park Historic District.
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4-16-02
There being no one else who, having been duly sworn, wished to address the
Commission, the public heating was closed.
Mayor Schmidt referenced a comment made in the Planning and Zoning Staff
Report which reads "Approval of the waiver would allow a structure to be built on the site
adjacent to the owner's current residence at 5 N.E. 7th Street (Lot 5, Block 1 Del-Ida Park).
However, the intent of this request is to allow the lot to be aggregated with the adjacent 50 foot
lot to the east" and commented that the aerial photo shows that this lot already has a home on it.
Mr. Costello stated the adjacent property owner would like to keep this vacant and is discussing
the possibility of the neighbor keeping it as their yard. However, Mr. Costello stated there is a
possibility that the property could be sold and developed for a single-family home.
The applicant came forward and stated her neighbors want to buy the lot and they
plan to landscape the lot (east of the vacant lot). In addition, she stated there are no plans to
build a single-family home. However, she would need this to be a buidable lot for the value of it
in order to sell it.
Mayor Schmidt stated if this is the intent and there is not going to be any
development on the lot, he asked why the Unity of Title is not being required? In response, the
City Attorney stated the applicant has requested a buidable lot for the value and a Unity of Title
would prevent this unless released at some later date.
Ms. McCarthy explained that the reason she will second the motion is because
there are other lots in the neighborhood that have 50-foot frontages as well. Ms. McCarthy
clarified that she is supporting this and is not motivated because the applicant wants the value of
the property to be a designated lot.
Mr. Perlman moved to approve the waiver request, seconded by Ms. McCarthy.
Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Peflman - Yes;
Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0
vote.
9.8.
SUPPORT OF U.S. POST OFFICE/DOWNTOWN DELRAY BEACH:
Consider a request from Pineapple Grove Main Street, Inc. to support retaining a full-scale, retail
post office in Pineapple Grove that serves downtown Delray Beach.
Glenn Weis~ Program Manager of Pineapple Grove Main Street~ noted a
correction to the memo and stated the US Post Office is loosing its lease as of May 31, 2002.
The Post Office is most concerned about the availability of finding a location for retail and
distribution. Mr. Weis urged the Commission to support that the Post Office maintains a full-
scale 3,000-5,000 square foot regular retail post office in downtown Delray Beach to provide
post office box and other services.
Morgan Russell~ owner of the Esplanade in Pineapple Grovel stated a group of
representatives from the Post Office in Atlanta and locally tried to address this crisis situation.
Mr. Russell explained the lease expires and the existing Post Office is under contract with no
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4-16-02
intention of maintaining that usage. Mr. Russell stated they reviewed the property and indicated
that it met their minimal requirements in terms of parking, pedestrian friendliness, and that it is
centrally located in the City. Mr. Russell stated after speaking to representatives daily, their first
choice is to relocate the entire facility someplace that is essentially inaccessible for pedestrian or
local traffic downtown. Mr. Russell stated there is a bridge loan required under the existing lease
and commented he would be available to provide that assistance in the six to nine months it may
take for the Post Office to go through the bureaucracy for a retail Post Office. Mr. Russell
stated the Post Office is intending to find a 3,000-5,000 full service retail location.
Mr. Weiss stated he asked Mr. Russell to attend this evening because the space
available at Pineapple Grove is the only space that he has been able to identify. Mr. Weiss stated
without strong action to Mr. Bland, Supervisor for decision making in Atlanta, he feels they will
just make a decision that is just about where they could find square footage at a price they could
pay in three weeks.
Discussion by the Commission followed.
Mayor Schmidt stated he feels it would be a great loss to Pineapple Grove and the
downtown area if the Post Office were to relocate. He commented that many people downtown
utilize the Post Office.
Mr. Perlman stated there are no questions that this is a priority and is disappointed
to hear that the owner of the current site would not want to deal with a government entity
because he felt he would be subject to government rules on everything he owned. Mr. Peflman
stated he feels it is a high priority to have a Post Office downtown and Pineapple Grove would
be his first choice. Mr. Perlman asked if the 5,000 square foot facility was available without the
distribution, would they entertain that. In response, Mr. Russell stated the Post Office is looking
for an easy solution and he could provide the retail location for them in addition to the "bridge
lease" component.
Mrs. Archer stated she is in favor of keeping the Post Office in Pineapple Grove
and feels it is imperative that the City does everything it can to maintain it. Mrs. Archer
expressed concern that the Post Office would relocate the retail operation and that it may not be a
permanent move. Furthermore, Mrs. Archer expressed concern that the Post Office would still
consider moving the facility down the road and that the City would be in jeopardy of loosing it
no matter what. Therefore, Mrs. Archer stated if there is anything the City can do to express a
desire to maintain it for a long-term basis, she would certainly be in favor of doing this.
Mr. Russell stated if the lease cannot be resolved at the current location, a 3,000-
5,000 square foot space does not exist on Pineapple Grove Way. This space could satisfy the
requirements of a rental post office, but the handling facility of 15,000 square feet would need to
be relocated to another location.
Mr. Weiss stated part of the deal is they were asking if he would be a candidate to
build-out their store and commented that the term of the lease is for a minimum of ten years.
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4-16-02
Ms. McCarthy stated usually when someone looks for space they have packet of
what is required in their lease and asked Mr. Russell if the Post Office has provided this. In
response, Mr. Russell stated this has not been provided and continued to state that he does not
have the constraints of someone that has 1,000 employees or someone that has other interlocking
types of responsibilities.
Mayor Schmidt asked the City Attomey if the Commission can give direction to
approve a resolution based on what has been recommended by Pineapple Grove without actually
voting on the resolution or would a letter be more appropriate? The City Attorney recommended
that Mayor Schmidt draft a letter in a format that meets the resolution format.
Ms. McCarthy commented that recently in the media the Post Office has been
addressing the fact that they are pulling the mail boxes off the streets because people are not
using them. Therefore, Ms. McCarthy stated people now have a tendency of wanting to
physically go to the Post Office. Ms. McCarthy stated another reason she would like to address a
letter versus a resolution is because they may not be aware of the fact that the City are bringing
more people to the downtown area and why keeping it at this location may be more feasible
versus moving it further south or further north.
Mr. Perlman suggested that Congressman Alcee L. Hastings and Congressman
Robert Wexler be notified to see if they can use their leverage to help. In addition, Mr. Levinson
suggested contacting Congressman E. Clay Shaw, Jr. as well.
Mayor Schmidt suggested that a letter be drafted for his signature that
incorporates their recommendations as well as some of the points that were raised by
Commissioner McCarthy. In addition, Mayor Schmidt suggested that separate letters be drafted
at the same time and sent to the Congressmen.
Mr. Perlman moved to approve supporting Pineapple Grove to keep the Post
Office downtown, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows:
Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor
Schmidt - Yes. Said motion passed with a 5 to 0 vote.
9oCo
PARTICIPATION IN THE MUNICIPAL PUBLIC SAFETY
COMMUNICATIONS CONSORTIUM: Consider adopting a resolution for the $12.50 traffic
monies to be provided to the Municipal Public Safety Communications Consortium.
The City Manager stated the City received a request from the Municipal Public
Safety Communications Consortium that the City commit $12.50 the City receives for traffic fine
monies over a ten year period. The City Manager stated staff has examined the costs versus
continuing with the current system and using the County's data system which is under
development. The City Manager stated there is a significant financial advantage for the City to
keep its own system and he recommends that the Commission not adopt the resolution.
Mr. Levinson commented that at the Palm Beach County League of Cities
Meetings you need to opt in. He asked if the City needs to advise them before the deadline that
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the City is not opting in. In response, the City Manager stated he has responded to a survey
advising them that he was recommending that the Commission not pass the resolution and
withdraw from the Consortium and not continue as a member.
Mr. Perlman moved to no~t adopt the resolution for the $12.50 funds, seconded by
Mrs. Archer.
Mr. Levinson stated he would like to amend the motion to read that the City not
adopt the resolution for the $12.50 funds and that the City withdraw from the Consortium,
seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes;
Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said
motion passed with a 5 to 0 vote.
9.D CITRUS CANKER LAWSUIT PARTICIPATION: Consider a request for the
City of Delray Beach to participate in a lawsuit to challenge the new statute concerning citrus
canker with expenses to be shared with Broward County.
The City Attorney stated the City received a formal request to participate in the
Citrus Canker lawsuit. The City could limit the costs below the pro rata amount, if desired. Or,
the alternative would be to make an attempt to intervene as a party and assist with the legal
research.
Mayor Schmidt stated he feels the most cost effective way would be for the City
to assist with the litigation as opposed to actually intervene as a party.
Mr. Perlman stated he feels for symbolic reasons, it is important for the City to
participate.
Mr. Levinson stated this would also avoid the standing issue.
It was the consensus of the Commission to give direction to the City Attorney to
manage this in-house or within the department.
9.E METRON-FARNIER~ LLC: Consider authorization to cancel the Metron-
Famier contract for the large Touch Pad System water meters due to defectiveness and file suit to
recover a portion of the monies spent.
The City Attorney stated this is a contract for the large water meters and the
Public Utilities Department has had problems with the Touch pad System associated with the
large water meters purchased from Metron-Famier, L.L.C.
Due to the defective technology, the City Attorney requests to file suit against
Metron-Famier, L.L.C. if necessary.
Dick Hasko, Director of Environmental Services, stated it is his understanding
that other cities have experienced similar problems with the touch pad technology and are
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removing it. Mr. Hasko stated there is no other touch pad technology that is compatible with the
Metron meters.
Mr. Perlman asked if there are other cities pursuing legal action and asked if there
would be any savings to coordinate any legal action? In response, the City Attorney stated at this
point staff would like to file suit and explained this is a suit on a contract and every city has their
own contract.
Mr. Levinson moved to approve for the City to file suit against Metron-Famier,
L.L.C., seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr.
Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer -
Yes. Said motion passed with a 5 to 0 vote.
9oFo
PROPOSAL FOR SETTLEMENT IN FASHAW v. CITY OF DELRAY
BEACH: Consider acceptance of proposal for settlement subject to the receipt of appropriate
releases in the Fashaw v. City of Delray Beach case. Staffrecommends acceptance.
The City Attorney suggested that the Commission accept the proposal for
settlement in the amount of $3,450.
Mrs. Archer moved to approve the proposal for settlement, seconded by Mr.
Perlman. Upon roll call the Commission voted as follows: Ms. McCarthy- Yes; Mayor
Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion
passed with a 5 to 0 vote.
9.G. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1)
alternate member to the Board of Adjustment for an unexpired term ending August 31, 2003.
Based upon the rotation system, the appointment will be made by Mayor Schmidt (Seat #5).
Mayor Schmidt moved to appoint Samuel Resnick as an alternate member to the
Board of Adjustment for an unexpired term ending August 31, 2003, seconded by Mr. Perlman.
Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes;
Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0
vote.
9.H. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one
(1) alternate member to the Code Enforcement Board for an unexpired term ending January 14,
2004. Based upon the rotation system, the appointment will be made by Commissioner
McCarthy (Seat #4).
Ms. McCarthy moved to appoint Andrew Youngross as an alternate member to
the Code Enforcement Board for an unexpired term ending January 14, 2004, seconded by Mr.
Levinson. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer -
Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with
a 5 to 0 vote.
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4-16-02
9.1. AUTHORIZATION TO CLOSE/BARWICK PROPERTIES: Consider
authorizing staff to close on Barwick properties parcel seventeen (17) and parcel eighteen (18).
The City Attorney stated the due diligence period for closing on Lot #17 and Lot
#18 expires April 17, 2002, and explained that there are some contamination issues with regard
to Lot 17.
Mr. Levinson moved to approve the authorization to close on the Barwick
properties, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs.
Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman -
Yes. Said motion passed with a 5 to 0 vote.
9oJ.
REQUEST FOR FUNDING/HAITIAN AMERICAN COMMUNITY
COUNCIL~ INC.: Consider approval of the request for the City of Delray Beach to front funds
up to $10,000 for the Haitian American Community Council Caribbean-American Music
Festival to be held June 1, 2002 with reimbursement from Palm Beach County Commissioner
Addie L. Greene.
Karlie Richardson, Deputy Director with the Haitian American Community
Council, Inc. stated they are planning to hold a Caribbean-American Music Festival on June 1,
2002. Ms. Richardson stated she was informed by Ms. Addie L. Greene, Palm Beach County
Commissioner, that she does not have funding available at this time but would have funding
available in October. Therefore, Ms. Greene suggested that Ms. Richardson request the City of
Delray Beach to front the funds up to $10,000 with reimbursement from Palm Beach County
Commissioner Addie L. Greene.
Mr. Perlman moved to support the request for the City of Delray Beach to front
funds up to $10,000 for the Haitian American Community Council Caribbean-American Music
Festival to be held June 1, 2002, with reimbursement from Palm Beach County Commissioner
Addie L. Greene, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows:
Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs.
Archer- Yes. Said motion passed with a 5 to 0 vote.
At this point, the time being 7:00 p.m., the Commission moved to the duly
advertised Public Hearings portion of the agenda.
10.
PUBLIC HEARINGS:
None.
ll.A.
City Manager's response to prior public comments and inquiries.
With regard to a prior concern regarding tree removal in the Lane Subdivision, the
City Manager stated the City Horticulturist is working with the developer on the proper
procedures to remove or relocate trees on this property. A tree survey was submitted and a tree
removal permit was issued for the trees within the proposed access track. It was understood that
the trees on the individual lots would not be removed until the permits for the construction of the
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houses were submitted at which time the impact of the construction on the trees could be
evaluated. The City Manager stated unfortunately the developer decided to effectively remove
all the trees. The developer claims that some of the trees were relocated onto neighboring
properties at their request and that some of the Palms were taken to the landscape contractor's
nursery to keep them alive during construction. The developer paid a triple permit fee for trees
removed without a permit. With regard to the small lot sizes, the large house sizes, and the grade
changes, the City Manager stated it is unlikely that any of the trees would have been standing at
the end of the project.
Secondly, with regard to a prior concem expressed about the profile of the beach
after the Beach Renourishment Project, the City Manager stated the dredge contractor has been
contacted and is scheduled to reshape the slope of the newly constructed beach at the water's
edge to provide a more gradual slope. The City Manager stated with this modification it should
make it easier to keep the escarpments down. The beach will continue to form minor
escarpments until it reaches equilibrium in approximately 8-12 months. In addition, the City
Manager stated the City has ordered some temporary lifeguard stands so that the lifeguards can
see the edge of the water from the stand.
With regard to a concern expressed about sea turtles, the City Manager stated the
entire beach was not done and commented that if the beach were not renourished, there would
not be any beach for the turtles to nest on. The City Manager stated that hopefully the reshaping
will enable the sea turtles to get up were they need to go. If not, the City Manager stated this is
still essential for the long-term health of the turtle population.
With regard to a previous concern expressed by Mrs. Finst, the City Manager
stated she inquired about the possibility of having both a middle school and a high school on the
Atlantic High School campus. The City Manager stated this question was forwarded to the
School District and he received the following answer: "The demographics do not currently
support construction of two standard size high schools in the Delray area. The current Atlantic
site (east of Seacrest) is only 32 acres. A typical 1,800 to 2,000 seat high school with the
capacity to grow to 2,500 requires a minimum of 31 to 36 acres according to State requirements
for Educational Facilities (SREF) requirements. Adding a middle school to the equation is not
feasible. Even with a smaller 1,000 seat high school plus a 1,000 seat middle school, the
minimum acreage is 34 acres. Because the ancillary facilities, such as a stadium associated with
a comprehensive high school are costly, it is not cost effective to build two smaller high schools.
A second high school is not currently approved in the capital budget for the School District."
ll.B.
From the Public.
ll.B.1. Jim Smith~ 1225 S. Ocean Boulevard #2027 stated several bicycle experts and
ordinary cyclists are in attendance this evening to discuss the problems and dangers they face
every day while bicycling in Delray Beach. Mr. Smith urged the Commission to support hiring a
Bicycle Pedestrian Coordinator and take the next step towards bicycle pedestrian and people
friendliness by establishing a voluntary Citizens Bicycle and Pedestrian Advisory Board.
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4-16-02
ll.B.2. Pete Calvisi~ 1206 N.E. 2nd Avenue #2, stated he fides his bike to work every day
traveling 2nd Avenue to Atlantic Avenue west to Congress Avenue then south to Lowson
Boulevard. He stated while traveling these roads on his bike he goes through three different
construction sites and encounters a lot of debris and glass. Mr. Calvisi stated he comes into near
misses and/or collisions approximately every 3-4 months and stated drivers do not see the
bicyclists when they ride on thc sidewalk and therefore, is forced to ride in thc street. He stated
Delray Beach is one of the most dangerous cities to ride a bike and feels more awareness needs
to be put on thc drivers.
ll.B.3. Jayne King, 3400 Place Valencay in Chatelaine, stated she would like to see
more emphasis on alternate forms of transportation in thc City and feels there needs to be more
emphasis on the bicyclists and pedestrians as well as recreational things. In addition, Ms. King
agrees that the City should form a Citizens Bicycle and Pedestrian Advisory Board to discuss
ways that people could effectively live together with these alternative forms of transportation.
Ms. King reported that a child was killed on Barwick Road and urged the Commission to
consider scheduling a Workshop Meeting and form an Advisory Board to deal with these issues.
ll.B.4. Joy Riddell~ Florida Atlantic University in Fort Lauderdale~ expressed
concern over bike/pedestrian issues and encouraged the Commission to form an Advisory Board.
She feels the City will benefit not only with regard to the safety issues but economically as well.
ll.B.5. Wendell W. Phillips~ Senior Planner with the Metropolitan Plannine
Organization (MPO) and also the Bicycle Pedestrian Coordinator for Palm Beach Count3'~
stated it is very important to organize a Bicycle Pedestrian Advisory Committee and to retain thc
services of a person who is knowledgeable in thc field as a Bicycle Pedestrian Coordinator. Mr.
Phillips stated they have created an overall county-wide bicycle plan and in the future a step
forward for the City of Delray Beach would be to create a bicycle/pedestrian plan.
Mayor Schmidt stated he understands there is a lot of grant money available from
the MPO for this. Mr. Phillips stated the TEA21 is an enhancement program which is federal
money from the State and provides enhancements to the transportation facilities. Mr. Phillips
offered his services to conduct a Workshop to discuss how this money can be approached.
Ms. McCarthy stated with regard to the TEA21 funds she noticed there are
different categories and asked if it is possible for the City to make a request in more than one
category in a fiscal year. In response, Mr. Phillips stated it is possible to make multiple
applications and the only restriction is the maximum amount going to any one community is
$500,00O.
Mr. Levinson stated that there are a number of roads throughout the City which
are County roads and commented if Congress Avenue is a County road, why does it not have
bike paths and why did the County not provide that? In response, Mr. Phillips stated there are
some rights-of-way which are large enough to construct bike lanes while others are not. Mr.
Phillips stated there is literally not room within the right-of-way for the proper types of bike
facilities.
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4-16-02
Mrs. Archer commented in approximately three years A-1-A will be widened
from the County line through Boca Raton and bike paths installed at that time. Mrs. Archer
stated it is her understanding that when the widening begins to take place in Delray (the south
City line) there will also be the opportunity to perhaps put in bike paths then. Mrs. Archer asked
what happens to the land when it is quite limited. In response, Mr. Phillips explained that some
of A-1-A is done by easement and some was done many years ago and the right-of-way is very
constrained. Mr. Phillips stated there is literally no room to expand the pavement. One of the
solutions in some of the constrained right-of-way is to provide a bike lane that is of less than
normal width. Mr. Phillips noted that eventually there will be bike lanes up and down A-1-A of
one size or another.
ll.B.6. Michael Cantanzaro, Chair of the Bicycle and Pedestrian Council to the
MPO, stated he works at the Palm Beach County Health Department in Environmental Health
and Engineering in their pollution section and stated he has access to other coordinators. Mr.
Cantanzaro stated if the position of Bicycle Pedestrian Coordinator is approved he would be
more than happy to assist by holding a Workshop Meeting. Mr. Cantanzaro stated he is willing
to meet with everyone to see how this can get started so that it will expedite things for the
residents of Delray Beach.
11.B.7. Alvin S. Weinstein, 200 MacFarlane Drive, stated if the City is not able to hire
a Pedestrian Coordinator at this time, he urged the Commission to create a Citizens Advisory
Board. Mr. Weinstein discussed seven things a Citizens Advisory Board could do for the City of
Delray Beach.
ll.B.8. Leonard Goldstein~ 5632 Willow Creek Lane, stated several years ago he had
great difficulty in walking and went to several orthopedics who informed him that he would have
knee replacements in the not to distant future. Mr. Goldstein stated these doctors informed him
that the best exercise would be swimming and secondly biking. Mr. Goldstein commented that
he had double knee replacements and the rehabilitation stressed biking as a form of exercise to
strengthen the legs. Mr. Goldstein stated he and his wife ride their bikes in Boca because they
feel it is safer. Furthermore, Mr. Goldstein stated he lives in a community that has
approximately 50-60 people who own bicycles but they do not go out of the gated community
because they feel it is unsafe to ride a bike along Military Trail.
ll.B.9. Robert Kohn, 1335-D N.W. 29th Avenue in Rainberry Bay, stated he rides his
bicycle approximately 100 miles a week to other towns. Mr. Kohn stated both north and south
on Congress Avenue and Military Trail has an approximate 4-foot bike path. He does not
understand why the rest of the roads with that width are not striped.
Secondly, Mr. Kohn expressed concern over the cement mixer trucks and the wet
cement droppings that harden. Mr. Kohn stated riding on his bike over these cement droppings
can be dangerous and suggested that the City get some sort of method to either have the cement
industry get their people out to clean it up or use some type of device so that the cement mixer
does not drop the wet cement especially where there is a bike path and at intersections.
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4-16-02
Mr. Kohn stated he feels it is not only school bus drivers who are not courteous or
cautious to bicyclists but Palm Tran bus drivers as well.
ll.B.10. Jim Salonic, 7709 Hilltop Drive~ Lake Worth, stated he is a member of the
West Palm Beach Bicycle Club and the serious cyclists see many roads and many parts of thc
State of Florida. Mr. Salonic stated one of his bicycle rides goes around Lake Okccchobec to
Winter Haven to Daytona Beach and back to Boynton Beach. Mr. Salonic stated thc most
dangerous place of any A-I-A community is Dclray Beach and he feels the cyclists arc being put
in an unsafe situation.
At this point, the time being 7:40 p.m., Mrs. Archer left the meeting.
ll.B.11. David Kraker, 13690 Via Flora~ Chairman of the Bicycle Advisory,
Committee for the West Palm Beach Bicycle Club and member of the Advisory Board for
Palm Beach Count., stated Delray Beach is in great need of an Advisory Committee and a
Bicycle Coordinator. Mr. Kraker stated A-1-A is the primary route for so many cyclists and he
feels there is no east/west safe route in Delray Beach. Mr. Kraker emphasized that there is no
safe way of going from Military Trail east to A-1-A and feels this should be a major route for
cyclists in this area. He urged the Commission to seriously consider these proposals.
ll.B.12. Albert Richwagon, 251 N.E. 17th Street~ Delray Beach~ expressed concern over
bicycle safety and stated Delray Beach is in need of more bike lanes, more education, and more
awareness. In addition, Mr. Richwagon stated Delray is also in need of bike racks that are user
friendly to encourage bike use in the downtown area. Mr. Richwagon urged the Commission to
support the request to make Delray Beach bicycle-friendly.
ll.B.13. Christian Bizzotto, 300 N.W. 22nd Street, Delray Beach, expressed concern
over the dangers of riding a bicycle in thc community and feels there needs to be a safer way to
ride a bicycle in Delray Beach. Furthermore, Mr. Bizzotto stated he was hit by a car while riding
his bike and lost a friend who was also hit by a car while riding his bike. Mr. Bizzotto urged thc
Commission to do something about this serious issue because cyclists arc taking a risk of getting
killed.
ll.B.14. John Bennett~ 137 Seabreeze Avenue, on behalf of American Legion Post 65
and VFW Post 4141 presented the Commission with invitations to attend the Memorial Day
services on Monday, May 27, 2002. In addition, Mr. Bennett invited the Commission to attend
the Flag Day Service on June 14, 2002 at 7:30 p.m.
ll.B.15. Alice Finst~ 707 Place Tavant, stated she was watching a program on television
this weekend and they had a film on the Haitian Patrol in Delray Beach. She commented that the
program was very complimentary to the City of Delray Beach.
Mrs. Finst thanked the City Manager for following up on her inquiry with regard
to having two high schools or a middle school and a high school on the Atlantic campus. Ms.
Finst commented about a letter the City Manager wrote to her in which he stated "the
demographics do not support the construction of two standard size high schools in the area."
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4-16-02
The current Atlantic site (east of Seacrest) is only 32 acres." Mrs. Finst stated she has a copy of
the appraisal which says that the east parcel is 35.86 acres and the west parcel is 4.37 acres
which is a total of 40.23 acres. Furthermore, Mrs. Finst stated the City Manager goes on to state
"A typical 1,800 to 2,000 seat high school with the capacity to grow to 2,500 persons requires a
minimum of 3 lto 36 acres"... Mrs. Finst stated the possibility of putting a middle school on that
land would also seem to be included because at present, the new requirements for a middle
school cannot exceed 700 persons. Ms. Finst continued to read the response from the City
Manager as to why there cannot be two smaller high schools "Because the ancillary facilities,
such as a stadium associated with a comprehensive high school are costly". In summary, Mrs.
Finst asked why does the City need this project and how is it going to bring our babies home?
ll.B.16. Luka Bizzotto, 300 N.W. 22nd Streeh Delray Beach, stated people speed in his
neighborhood at approximately 50 mph and the speed limit is posted at 25 mph. Mr. Bizzotto
asked if something could be done to help people slow down. Mayor Schmidt stated he will give
direction to the City Manager to get with the Police Department regarding this matter.
FIRST READINGS:
12.A. ORDINANCE NO. 13-02: An Ordinance amending the historic designation
adopted via Ordinance No. 70-89 for the "Fontaine Fox House" historic site located on the east
and west sides of Ocean Boulevard, south of George Bush Boulevard (610 and 615 North Ocean
Boulevard). If passed, a quasi-judicial hearing will be held on May 7, 2002.
The City Manager presented Ordinance No. 13-02:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE
NO. 70-89 THAT PROVIDED FOR THE HISTORIC
DESIGNATION OF THE FONTAINE FOX HOUSE AND
PROPERTY; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
(The official copy of Ordinance No. 13-02 is on file in the City Clerk's office.)
The applicant has requested the first reading of Ordinance No. 13-02 be
postponed to a date certain of May 7, 2002 and that the second reading be postponed to a date
certain of May 28, 2002.
13.
COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS.
13.A. City Manager.
The City Manager had no comments or inquiries on non-agenda items.
13.B. Ci.ty Attorney.
The City Attorney had no comments or inquiries on non-agenda items.
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4-16-02
13.C. Ci.ty Commission.
13.C.1. Commissioner Perlman
Mr. Perlman had no comments or inquiries on non-agenda items.
13.C.2. Mayor Sehmidt
Mayor Schmidt had no comments or inquiries on non-agenda items.
13.C.3. Commissioner McCarthy
Ms. McCarthy stated this morning Joseph Weldon, Director of Parks and
Recreation and Richard Connell, Assistant Director of Parks and Recreation, gave a PowerPoint
presentation about the Master Plan to the Progressive Residents of Delray (PROD). Ms.
McCarthy stated the presentation was well done and well received.
13.C.4. Commissioner Levinson
Mr. Levinson had no comments or inquiries on non-agenda items.
at 7:50 p.m.
There being no further business, Mayor Schmidt declared the meeting adjourned
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 16, 2002,
which Minutes were formally approved and adopted by the City Commission on
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4-16-02
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.
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4-16-02
WHEREAS, Historic Preservation fosters a deeper understanding of the diversity
of our distinct national and local heritage; and
WHEREAS, Historic Preservation enhances the livability and sustainability of
communities, both large and small across America; and
WHEREAS, Historic Preservation helps us recognize the integral role of the
community and its sense of place; and
WHEREAS, "Preserving the Spirit of Place" is the theme for Preservation
Week 2002 co-sponsored by the Delray Beach Historical Society, the Florida Division of
Historical Resources Regional Office, and the National Trust for Historic Preservation.
NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Delray Beach,
Florida, on behalf of the City Commission do hereby proclaim May 12, 2002 through
May 18, 2002 as
NATIONAL PRESERVATION WEEK
and cell upon the people of Delray Beach, Florida, to recognize and participate in this
special observance.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official
Seal of the City of Delray Beach, Florida, to be affixed the 7~ day of May, 2002.
DAVID W. SCHMIDT
MAYOR
Planning & Zoning Department
MEMORANDUM
TO:
THRU:
FROM:
DATE:
RE:
D~d He,~'d~, C,i~y Manager
Paul Dorling, Din~ct~r of Planning & Zoning
· ' ' n Planner
April 8, 2002
Proclamation for Preservation Week 2002
Each year the National Trust for Historic Preservation sponsors the observance of
National Preservation Week. This year's theme is "Preserving the Spirit of Place" which
implores us to recognize how our sense of place fosters our identity as a community.
This year the Delray Beach Historical Society and the Florida Division of Historical
Resources are conducting a trolley/walking tour on May 17th in Delray Beach's five
historic districts and other related sites to celebrate Preservation Week. In addition,
events will be held on Saturday, May 18th at Old School Square, including lectures,
performances, and educational activities for all ages. It would be appropriate for the
Mayor and the City Commission to officially recognize the City's preservation efforts by
issuing a proclamation. I have attached a proclamation for the City Commission agenda
of May 7, 2002 (copy attached).
PROCLAMATION
WHEREAS, Historic preservation fosters a deeper understanding of the diversity
of our distinct national and local heritage; and,
WHEREAS, Historic preservation enhances the livability and sustainability of
communities, both large and small across America; and,
WHEREAS, Historic preservation helps us recognize the integral role of the
community and its sense of place.
WHEREAS, "Preserving the Spirit of Place" is the theme for Preservation Week
2002 co-sponsored by the Delray Beach Historical Society, the Florida Division of
Historical Resources Regional Office and the National Trust for Historic Preservation.
Now, therefore, I, David W. Schmidt, Mayor of the City of Delray Beach, Florida, on
behalf of the City Commission, do hereby proclaim May 12 through May 18, 2002 as
"NATIONAL PRESERVATION WEEK"
and call upon the people of Delray Beach, Florida, to recognize and participate in this
special observance.
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 7th day of May 2002.
WHEREAS, our community seeks to support parents in carrying out their
responsibility for the Health and well-being of their children; and
WHEREAS, the Safety of our children is a significant concem of parents,
community leaders and health care givers; and
WHEREAS, our children's awareness of Environmental Issues is of universal
concern and deserves the utmost attention; and
WHEREAS, if started in childhood, proper Health, Safety and Environmental
habits can be maintained for a life time, producing a valued member of society, and
enhancing our community.
NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Delray Beach,
Florida, on behalf of the City Commission, do hereby proclaim May 18, 2002 as
KIDS DAY AMERICA/INTERNATIONAL
in the City of Delray Beach, and urge all citizens to leam about health awareness, fire
safety, bike safety, recycling, drug awareness, and many more important topics to keep
our children safe and make Deiray Beach a healthier and happier place to live.
IN WITNESS WHEREOF, I have hereunto sat my hand and caused the Official
Seal of the City of Delray Beach, Florida, to be affixed this 7th day of May 2002.
DAVID W. SCHMIDT
MAYOR
Atlantic Avenue
: C IROPRACTIC
Center
April 10, 2002
bear Mayor Schmidt,
Dr. Tanya Hlinka
We look forward to our role as the official Chiropractic office representing the seventh annual
"Kids bay Americe/]~nternationalTM event in belray Beach on May 18, 2002. "Kids bay
America/TnternationalT~'' is a special day set aside to address health, safety and environmental
issues that affect us as individuals and as a community. It was founded for the purpose of
educating families and communities about these important social concerns.
To date, more than 1300 communities have participated in this event and more than 1,000,000
children and their families have enjoyed this day throughout the world. With the help and support
of thousands of local police departments, county sheriff offices, dentists, and photographers who
volunteer their time, all of these children completed Child Safety ID cards.
Mayors,"Governors, and Senators across the nation have signed the official Kids bay
America/InternationalTM proclamation. We are asking you to support this community event by
signing the proclamation for belray Beach. Included are several previously signed proclamations for
your reference. There is currently enough support from Mayors and Governors across North
America to bring this program to the White House, creating a national day that recognizes the
enormous contribution chiropractors have made in helping the children of their communities.
This year our event will benefit the newly opened Toussaint L'Ouverture High School for Arts and
Social ~Tustice. Once again, the belray Beach Police beportment will be on hand to fingerprint Ib
children. The belray Beach Fire bel~rtment plans to support this event by providing fire safety
tips and bringing their fire truck. In addition, my office will offer free computerized spinal exams,
scoliosis screenings, and distribute essential information on disease prevention and health
promotion.
As o valued member of our community, we want to personally invite you to attend our "Kids bay
Americo/Tnternationalm'' event! Our Children's Empowerment Award Ceremony is scheduled to
take place at :12:30 PM when we would like you to read the signed proclamation. Please join us in
supporting this momentous national event! Thank you for your dedication to the children.
Yours in suppo.rth~ ~C children,
flO East Atlantic Avenue, Suite 300 · Delray Beach, Florida 33444 · 561.278.8382 · Fax 561. 278.8856
Dedicated to Children's Health, Safety&Enviror~mentalAwarenes.~.
April :10, 2002
be~r Mayor Schmidt
We ore excited to announce to you that chiropractors' offices around the world will be hosting the
seventh annual "Kids ~)~y America/~Enternational~" event on May :18, 2002. This is an international
Health, Safety, and Environmental Awareness bay that focuses on these important issues to
educate local families end communities.
To date, over :1,000,000 children and their families have been able to enjoy this day throughout the
world. With the help and support of local police del~rtments, county sheriff offices, dentists, and
photographers who volunteered their time, we were able to complete Child Safety II) cards for all
of these children.
Mayors, Governors, and Senators across the nation have signed the "Kids Day America/
TnternationalT~'' proclamation, making their towns, cities and states official participants. Parents
are thrilled to have a place to go to learn about health awareness, fire safety, bicycle safety,
recycling, drug awareness antimony other important topics that address keeping our children safe
and making the world a healthier and happier place.
While learning about important issues, children can have fun and receive valuable information to
take home from this free event. "Kids bay America/International~'' also benefits local charities
across the entire country.
Enclosed are a few copies of signed proclamations and media press releases and articles which were
generated as a result of the event. In addition, the event was covered by radio stations and
network affiliates nationwide, including Fox § NY, NBC, and CNN.
We look forward to your participation in this extraordinary international event!
Yours in health,
Ors. Theresa and Stuart Warner
Founders, Kids Day America/ZnternationalTM
-'-}&Ag. 1~, ~.000 8:41~
BOB BARR
CONGRESS OF TI-I]~ UNITED STATES
1207 LON(WVORTH HOUSE BUILDING
WASHINQTON, D.C.
NO. 4§gU P. ~
Fotlcasion of~ by U.S. Congressman Bob Bm' (0t4)
"Kids Day America/International"
M~ 1 l, 2000
On Satu~iay May 20, 2000. the Wilbert Family Chiropractic office will be the official Chiropractic
office regreseatiag the 6th annual "Kids Day America/Intcmatioral:: event in Amtell, Oeorgia. This
event will foo~ on health, safety and mviromnen~al i. ucs which atl'~t children, their famili~a and
the commuaitica in which they live. This will b~ done wi~ the help and support oftl~ Austel~ Pollc¢
'. Department, whose D.A.R.E. program will direclly benefit from the event. The Austell Police
'Department will be on hand to fingerprint 1D children, and the Wilbert Family Chiropractic will
domae photos of the children. This informazion will be used to produce ID cards for thc children.
"McGmff" t[~ Crime Dog will make an appearance arid bejoinocl by L~o the Lion of the D,A.R.E.
program. Tho Austell Fire Department will be tnmicipati~ also, with their Fire Safely House, which
helps teach childr~ and ~heir parems about fir~ safety.
I want to congr~alate and ~mmend Dr. Mar~i Wilbert sad the Wilbe~ Family Chiropractic for
sponsox~ng "Kids Day America/International." This program is a positive, grass-roots, community
baaed effort which will help to strenglhen our community, and have a positive impact on children and
their families.
DI~TNL-r OIII~CES
MAII&99'.A
WHEREAS
Office of the Mayor
Cl YORK
THE THIRD ANNUAL KI]}S DAY ANERICA/INTERNATIONAL IS BEING CELEBRATED IN OUR CiTY AND
THROUGHOUT THE NATION ON THE WEEKEND OF APRIL TWENTY-SIXTHj' AND
WHEP, F. AS:
THE EVENT IS SPONSORED BY CHIROPRACTIC OFFICES TO BUILD HEALTH, SAFETY AND
ENVIRONMENTAL AWARENESS IN 'CHILDREN. INDIVIDUAL OFFICES HOLD EVENTS FOR CHILDREN
AND PARENTS AND INVITE COI~IUNI'FY LEADERS ANI) LOCAL BUSINESSES TO PARTICIPATE.
IMPORTANT INFORF1ATION IS PROVIDED ON CRII~E PREVENTION, CHILD SAFETY, AN]}
ENVIRON~IENTAL AHARENESS. PARTICIPATING POLICE AND FIRE ])EPART~ENTS PRESENT SAFETY,
FIRE SAFETY, AND DRUG PREVENTION INFOPJ~ATION. BOYS AND GIRLS RECEIVE CHILD PHOTO ID
CARDS AN]} LEARI~ ABOUT HEALTHY EATING HABITS AND THE I/4PORTANCE OF EXERCISE~ AND
~EREAS;
CHIROPRACTORS GIVE FREE SPINAL EXANS AND INFORFIATION TO CHILDREN. PARENTS AN]}
CHILDREN ENJOY THE FESTIVE DAY AND RECEIVE INFOR~TION THAT HELPS BUILD A HEALTHY
FUTURE FOR THF,~ AND FOR THE CO,UNITY. PROCEEDS ]~ENEF, ZT LOCAL AND NATIONAL CHARITIES,
NOW THEREFORE, I, RUDOLPH W. GIULIAN1, NAYOR OF THE CITY OF NEW YORK, IN RECOGNITION OF THIS I~LOORTANT
OBSERVANCE, DO HEREBY PROCLAI~I THE WEEKEND OF APRIL 26 AND 27, 1997 IN THE CITY OF
NEW YORK AS
~KIDS DAY ANERICA/INTERNATIO~L WEEKERD'
IN WITNESS WHEREOF I HAVE HEREUNTO
SET ~Y /i/tN]} AND CAUSED THE SEAL OF
THE CITY OF NEW. YORK TO BE AFFIXED.
RUDOLPH W. GIULXANI
I"IAYOR
]rom tfte overnor o/ tate o~ o. arffand
AP~L 26, 1997
WHE~, The ~ ~d we~g of eh~r~ h ~e respons~ of a~ e~e~... ~ ~ s~ of o~
' e~en ~ a S~n~cant co~ern forparents, cOmm~
WHE~$, It ~ ~o~ ~ o~ c~e~ reMize
~se~es ~ ~moa ~en~ni a~
WHE~S, If ~d ~ cfl~oo~ proper heath, s~eO and en~n~al ~ab~ e~ be ~~ for a
~e~e, prig a ~alued and co~g member of soc~O, ~d e~anc~g o~ co~; and
WHE~, M~ ~ proud to recogn~e t~ debated effo~ of Doc~n of Chboprae~c in ~Ip~g ~ all
~ on ~e ~onance of hea~ safe0 ~d en~ro~ntM ~sues affe~g o~ commune.
NO~ THEReFOr, ~ P~S N. G~NDENING, GOd, OR OF THE STATE OF ~RY~D, ~ hereby
proc~ ~ 26 1997 ~ ~D'S DAY ~E~C~NT~ATiON~ ~ M~ ~d ~ co~e~
th~ Obse~ance to all of our c~e~. -
Ninety-seven
Kids Day
America/International~
Proclamation
May 18, 2002
WHEREAS,
children
the Health and well-being
is our responsibility; and,
of
WHEREAS, the Safety of
a significant concern
community leaders and
givers; and,
our children is
for parents,
health care
WHEREAS, Environmental
universal -concern and
utmost attention; and,
welfare is of
deserves the
WHEREAS, i f
proper Health,
habits
lifetime,
society,
can
producing a
and enhancing
started in childhood,
Safety and Environmental
be maintained for a
valued member of
our community;
Now,
Therefore,
If
Governor
the 18th
as "Kids
in
/ Mayor, do
of May 2002
Day America /
hereby
proclaim
Int e rna t i ona 1 TM,,
and urge
the efforts
in helping
importance of
Environmental
community.
that this day
of Doctors
educate all
be dedicated to
of Chiropractic
citizens on the
Health, Safety and
issues affecting our
WHEREAS, our Delray Beach residents and visitors are increasingly
utilizing our waters for recreation and relaxation, and as opportunities for on-the-
water activities expand yearly, be it known that with growth comes additional
responsibility. It is essential that both novice and experienced boaters practice
safe boating habits, such as wearing a life jacket, avoiding the abuse of alcohol,
having a vessel safety check and taking a safe boating course; and
WHEREAS, we heartily endorse this year's National Safe Boating Week
theme, "Boat Smart From The Start, Wear Your Life Jacket", thus recognizing
that approximately 75,000 members of UTeam Coast Guard" (Auxiliary, Regulars
and Reserve) encourage everyone to enjoy our waters, but in a manner that
prevents them from contributing to boating accidents. We urge all boaters to
wear, and buckle up their life jackets as they work or play around the water; and
WHEREAS, the law requires that life jackets be carried for each person on
board a boat and we must recognize that hundreds of lives could be saved each
year by the wearing of life jackets.
NOW, THEREFORE, I, David W. Schmidt, Mayor of the City of Delra,y
Beach, Florida, on behalf of the City Commission do hereby proclaim May 18u'
through May 25t~, 2002 as
NATIONAL SAFE BOATING WEEK
in Delray Beach, Florida, and urge all citizens to support the goals of the National
Safe Boating Campaign and U.S. Coast Guard Auxiliary and start the year-round
effort to promote safe boating.
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 7~ day of May,
2002.
DAVID W. SCHMIDT
MAYOR
UNITED STATES COAST GUARD AUXILIARY
Vomerica 's
I. unteer
Lifesaverss"
The civilian component of the 'I.~[iCoast GL]'~'~I -'7 i[i!
March l ~~-~~;
Mr. David Hardin, City Manager
City of Delray Beach
100 NW First Ave.
Delray Beach, Florida 33444
Dear Mr. Hardin:
RECEIVED
NAR ! 8 2002
CiTY MANAGER
As per our telephone conversation last week please find enclosed the sample
Proclamation for National Safe Boating Week.
National Safe Boating Week, this year, is from May 18th to May 25th. It would be most
appreciated if the Proclamation can be made at the City Council meeting that is closest to
the beginning of National Safe Boating Week.
I will follow up with you to ascertain the date and time of the meeting when the
Proclamation is to be made and will make sure that representatives of Flotilla 36 are
present to receive it and express the Flotilla's gratitude.
Should you need to contact me please feel free to do so via e-mail at
patfeighery(~_,hotmail.com or telephone at (561) 866-0144.
Puan~ec~ ;~li;;ffaiux~. ~i Oa~ffic er
Flotilla-36, Boca Raton
Dedicated to promoting recreational boating safety
2002 Campaign Proclamation Page 1 of 2
A SAMPLE
PROCLAMATION
Recreational boating !s fun and enjoyable, and we are fortunate that we have sufficient
resources to accommodate the wide variety of pleasure boating demands. However, our
waterways can become crowded at times and be a place of chaos and cOnfusion. While being
a marvelous source of recreation, boating, to the unprepared, can be a dsky sport. Not
knowing or obeying the Navigation Rules or the nautical "Rules of the Road," drinking alcohol
or taking drugs while operating a boat, or choosing not to wear your life jacket when doing so
is clearly the smart thing to do, are all examples of human error or a lack of proper judgment.
One particular behavior that can reduce the number of boaters who lose their lives by
drowning each year by approximately 90% is the wearing of a life jacket. It is a simple task that
has the potential to reduce terrible loss in lives.
Knowledge and skills are important in reducing human error and improving judgment. If people
are aware of the risk, they are likely to take the precautionary measures to protect themselves
and their friends and family. That is why we must continue to spread the messages of boating
safety not only during National Safe Boating Week but also throughout the entire year.
Whereas, between 700 and 800 people die each year in boating-related accidents in the U.S.;
nearly 70% of these are fatalities caused by drowning; and
Whereas, the vast majority of these accidents are caused by human error or poor judgment
and not by the boat, equipment, or environmental factors; and
Whereas, a significant number of boaters who lose their lives by drowning each year would be
alive today had they worn their life jackets; and
Whereas, modern life jackets are more comfortable, more attractive, and more wearable than
styles of years past and deserve a fresh look by today's boating public.
http://www.art4use.com/O2publications/proclmtn.htm 3/7/2002
2002 Campaign Proclamation
Page 2. of 2
Therefore, I,, do hereby support the goals of the North Amedcan Safe Boating campaign and
Proclaim May 18-24,2002, as National Safe Boating Week and the start of the year-round effort
to promote safe boating.
In Witness Thereof, I urge all those who boat to "Boat Smart from the Start" by weadng a life
jacket and practicing safe boating habits.
nature and the seal of
of
this day of,
in the year of the Lord two-thousand two.
PDF FILE OF~THIS PROCLAMATION
http://www, art4use.com/O2publications/proclmtn.htm
3/7/2002
Hall, Chevelle
From:
Sent:
To:
Subject:
Pat Feighery [patfeighery@hotmail.com]
Thursday, April 04, 2002 1:26 PM
Hallc@ci. d el ray-beach .fl. us
Re: National Boating Safety Week Proclamation
Chevelle,
Thank you very much. Do you need the names of those Auxiliarists who will
attend to receive thr proclamation? If so, how far in advance do you need
them?
Again thanks for being a part of National Safe Boating Week.
Pat
>From: "Hall, Chevelle" <Hallc@ci.delray-beach.fl.us>
>To: "'patfeighery@hotmail.com', <patfeighery@hotmail.com>
>CC: "Bauer, Gerri" <Bauer@ci.delray-beach.fl.us>
>Subject: National Boating Safety Week Proclamation
>Date: Thu, 4 Apr 2002 12:23:10 -0500
>
>Patrick,
>
>The National Boating Safety Week Proclamation is scheduled for the May
>7, 2002 Regular City Commission Meeting. The meeting starts at 6:00
>p.m. and is held in the City Commission Chambers here at City Hall. If
>you have any further questions, please call me at (561) 243-7059.
>
>Chevelle Nubin
>Agenda Coordinator
Chat with friends online, try MSN Messenger: http://messenger.msn.com
'Hall, Chevelle
From:
Sent:
To:
Subject:
Pat Feighery [patfeighery@hotmail.com]
Wednesday, May 01, 2002 2:46 PM
Hallc@ci.delray-beach.fl.us
RE: National Boating Safety Week Proclamation
Chevelle,
Please find below the names of those memebers that will be in attendance
Art Makenian, Flotilla Commander
Pat Feighery, Staff Officer Public Affairs
Tom Sutherland
Bob Tust
Jim Wilson
Seymour Gross
One copy is all that will be necessary as one of us will accept on behalf of
the Coast Guard and Flotilla 3-6
Call or e-mail me with any questions that you might have. My cell number is
561-866-0144.
Thnaks,
Pat
>From: "Hall, Chevelle" <Hallc@ci.delray-beach. fl.us>
>To: ' Pat Feighery' <patfeighery@hotmail.com>
>Subject: RE: National Boating Safety Week Proclamation
>Date: Fri, 5 Apr 2002 08:01:13 -0500
>Patrick,
>
· If you could provide names of who will come to receive the proclamation
·that
· would be great. I would know exactly how many need to be printed.
·
>Chevelle
·
· ..... Original Message .....
· From: Pat Feighery [mailto:patfeighery~hotmail.com]
· Sent: Thursday, April 04, 2002 1:26 PM
· To: Hallc@ci. delray-beach, fl. us
>Subject: Re: National Boating Safety Week Proclamation
·
·Chevelle,
·
· Thank you very much. Do you need the names of those Auxiliarists who
· will attend to receive thr proclamation? If so, how far in advance do
· you need them?
·
· Again thanks for being a part of National Safe Boating Week.
·
>Pat
·
·
· ·From: "Hall, Chevelle" <Hallc@ci.delray-beach.fl.us>
· >To: "'patfeighery@hotmail.com'" <patfeighery@hotmail .com>
· >CC: "Bauer, Gerri" <Bauer@ci.delray-beach.fl.us>
· ·Subject: National Boating Safety Week Proclamation
· ·Date: Thu, 4 Apr 2002 12:23:10 -0500
· ·
· ·Patrick,
> ·
~· ·The National Boating Safety Week Proclamation is scheduled for the
· >May 7, 2002 Regular City Commission Meeting. The meeting starts at
> ·6:00 p.m.
>and
> >is held in the City Commission Chambers here at City Hall. If you
> >have
>any
> >further questions, please call me at (561) 243-7059.
·>
> >Chevelle Nubin
> >Agenda Coordinaeor
·
·
·
>
·
>Chat with friends online, try MSN Messenger: http://messenger.m~n.com
Send and receive Hotmail on your mobile device: http://mobile.msn.com
Hall, Chevelle
From:
Sent:
To:
Subject:
Pat Feighery [patfeighery@hotmail.com]
Tuesday, May 07, 2002 3:54 PM
Hallc@ci.delray-beach.fi.us
Re: Reminder
Thank you for the reminder we will be there.
Pat
>From: "Hall, Chevelle" <Hallc@ci.delray-beach.fl.us>
>To: 'Pat Feighery' <patfeighery@hotmail.com>
>Subject: Reminder
>Date: Tue, 7 May 2002 09:37:55 -0400
>
>Pat,
>
>Remember the "Safe Boating" proclamation will be given out at 6:00 p.m.
>at tonight's Commission Meeting. So, please inform the other people
>that will be coming with you. I have given the Mayor your name as the
>person who will actually accept the proclamation from him.
>
>Thanks,
>Chevelle
Send and receive Hotmail on your mobile device: http://mobile.msn.com
WHEREAS, public works services provided in our community are an integral part
of our citizens' everyday lives; and
WHEREAS, the support of an understanding and informed citizenry is vital to the
efficient operation of public works systems and programs such as water, sewers, streets
and highways, public buildings, solid waste collection, parks and canal maintenance;
and
WHEREAS, the health, safety, and comfort of this community greatly depends on
these facilities and services; and
WHEREAS, the quality and effectiveness of these facilities, as well as their
planning, design, and construction, is vitally dependent upon the efforts and skill of
public works officials; and
WHEREAS, the efficiency of the qualified and dedicated personnel who staff
public works departments is materially influenced by the people's attitude and
understanding of the importance of the work they perform; and
WHEREAS, this year's theme ~Vorking in the Public Interest", is a tribute to
the positive improvements public works employees have made to our communities.
NOW, THEREFORE, I, David W. Schmidt, Mayor of the City of Delray Beach,
Florida, on behalf of the City Commission, do hereby proclaim the week of May 19~
through May 25, 2002 as
NATIONAL PUBLIC WORKS WEEK
in Delray Beach, Florida, and urge all citizens and civic organizations to acquaint
themselves with the issues involved in providing our public works and to recognize the
contributions which public works officials make every day to our health, safety, comfort,
and quality of life.
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 7a of May, 2002.
DAVID W. SCHMIDT
MAYOR
DAVID T. HARDEN
CITY MANAGER
CITY OF DELRAY BEACH
100 N.W. 1ST AVE.
DELRAY BEACH, FL 33444-2698
RECEIVE~
FER ! 2 200
CITY MANAr~ r.--
RE: "Working in the Public Interest" during National Public Works Week May
19 - 25, 2002
Dear DAVID T. '
This year National Public Works Week wi]]. ~ celebrated May 19 - 25, 2002. The
theme of"Working in the Public Interest" clearly promotes your efforts as a public
works professional since public works projects are vital to the growth and quality of life
of any community. By promoting this event, government officials, business leaders, and
citizens will learn from you about the positive impact of public works projects.
Join this celebration by acknowledging the men and women who perform so well in their
chosen profession by issuing a proclamation recognizing National Public Works Week.
Last year the APWA Florida Chapter received over 70 proclamations to display at the
Tradeshow. What an impressive sight to see! With your participation, we can show the
continued support to those in the Public Works field. Please, mail an original copy of
your proclamation to me at the address below so that it will be proudly displayed for all
to see at the APWA Florida Chapter Annual Meeting and Tradeshow March 25th - 29,
2002 in Jacksonville. A sample proclamation has been enclosed for your review.
During this week, there are many activities and events you may implement to remind the
public that our work improves the quality of life for everyone in the community. Some
communities hold special events to showcase the services provided; some hold
equipment rodeos and give away prizes to employees or door prizes to the public. Ideas
and suggestions are welcome as it may assist your fellow public works directors. In the
past, articles regarding the activities of several cities have also been published in the
APWA Newsletter.
£1T¥ DF DELRI:i¥ BER£H
DELRAY BEACH
1993
2001
CITY CLERK
100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 561/243-7000
May 8, 2002
Rick Keeney, Chairman
Public Works Committee
City of Punta Gorda
900 West Henry Street
Punta Gorda, Florida 33950
Re: National Public Works Week Proclamation
Dear Mr. Keeney:
During our Regular Commission Meeting of May 7, 2002, Mayor David Schmidt
read the attached proclamation and declared the week of May 19th - May 25a,
2002 as National Public Works Week.
Please let us know if we can be of additional assistance to you. We would
appreciate it if you were to acknowledge receipt of this proclamation by calling me
at (561)243-7059.
Sincerely,
Chevelle D. Nubin
Executive Assistant
THE EFFORT ALWAYS MATTERS
RECEIVED
CiTY MANAGER
Memorandum
To:
Thru:
From:
Subject:
City Manager- David Harden ~j
Director of Parks and Recreatioi~-3De Weldon
Assistant Director of Parks and Recreation - Rich Connell
National Recreation and Parks Association Aquatics Award
Date: April 24, 2002
The Parks and Recreation Department is proud to have bccn presented the National
Recreation and Parks Association's "Excellence in Aquatics" award last month. This was
the result of accomplishments and improvements in the Ocean Rescue Division, City
Marina, Pompey Pool, and the acquisition of the Delray Beach Swim Club.
In 1994, Delray Beach Ocean Rescue was one of the first Florida lifeguard agencies to
require Emergency [vledical Technician certification of its staff. In .luly 1996, the Division
made history as the first Ocean Lifesaving Agency to participate in the Ct_IN-CON
International Basic Life Support Competition. The Ocean Rescue Division has
participated every year since then, placing first in the Basic Life Support division in 1999
and again in the year 2000. Delray Beach Ocean Rescue is the only lifeguard agency to
win first place two years in a row.
In 1995, the Division was awarded the "Beach Patrol of the Year" by the Florida Beach
Patrol Chiefs Association, a professional organization promoting Ocean Lifesaving
throughout the State of Florida. The Division won this award again in 1999 and 2001,
making it the only three time winner of this award.
The Ocean Rescue Division was certified by the United States Lifesaving Association as
an Open Water Advanced Lifesaving Agency in 1995. At that time, only one of 14
agencies certified at the Advanced Level in the U.S.A. The Division recertified in 1997
and 1999. The current certification expires November of 2002 and Delray Beach
remains one of 34 Advanced Open Water Lifesaving Agencies in the U.S.A.
A .lunior Lifeguard Program was initiated in the summer of 1995, with 14 participants.
Today, the program is year around with a special week long session in the spring, and
two, two week long sessions in the summer. The program has 150 participants, ages 1!
through 17, learning lifesaving skills, use of equipment, and participating in regional and
national .lunior Lifeguard competitions.
Ret': U:~'qRPA Aquatics Award. doc
The Ocean Awareness Program has developed from less than 30 participants per year in
1994, to over 7000 in 2001. The Ocean Rescue Staff bring lifesaving knowledge and
experience to Palm Beach County Schools through lively presentations, often coming in
on normal days off to participate.
Another source of great pride is the Division's lifeguard competition team which won
the Division 2 (agencies with fewer then 100 employees) United States Lifesaving
Association 2001 National Ufeguard Championships in Miami, Florida, August 2001.
Teams from all around the U.S.A. competed in this three day event, with over 450 male
and female lifeguards competing in swimming, running, and water craft events.
Pompey Pool has also shown much improvement over the last decade in expanded
programming. The addition of a Swim Team, 3unior Lifesaving, Water Aerobics, Learn
to Swim Programs for children and adults, and the 50 Mile Swim Program have had a
positive impact. The recent acquisition of the Delray Tennis and Swim Club pool facility,
along with the creation of the Aquatics Operations Supervisor position, will increase the
availability of facilities and programs to the citizens of Delray Beach.
Renovations to the City Marina have increased the community's enjoyment of this area
along the Intra Coastal Waterway. This has benefited the comfort of our live-aboard
residents and added to its neighbor's property values. The relocation of Marine Way,
remodeling of the restroom and laundry facility, the addition of pavilions, sidewalks, and
the replacement of docks have made this facility a beautiful area to visit.
Ocean Rescue Superintendent Bob Taylor traveled to Palm Springs, California last
month to receive this award on behalf of the City at the NRPA Annual Aquatics
Conference. We plan to proudly display this award at each of our four Aquatics
Richard Connell
Assistant Director of Parks and Recreation
Cc:
Ocean Rescue Superintendent - Bob Taylor
Aquatics Operations Supervisor - David Woodard
Rcf: U:hNRPA Aquatics Award.doc
APR--'29--02
02: 12 ~N CASAR£LLH
954 9?9 ??6F~ 954 P. Fdl
AIl-knedcaCity
300 West Atlantic Avenue Delray Beach, Florida 33444-3695
(561) 243-7888 Fax (561) 243-7816 1993
MEMORANDUM
To: David T. Harden
City Manager
From: Captain Ross Licata ~/~
District 3 Commander
Date: May 1, 2002
Subject:
ANNUAL TRAFFIC COUNTS (TROPIC PALMS DEVELOPMENT)
Per your request, enclosed is the most recent Annual Traffic Count study for roads in the Tropic
Palms Development. For your information, District 3 officers and members of our Traffic Task
Force have been providing periodic selective traffic enforcement in the area. Based on the
information just received in this study, I will direct my personnel and those of the Traffic Task
Force to increase enforcement efforts. The study verifies a speeding problem that wan'ants
ongoing attention.
If you have any questions, don't hesitate to contact me.
Chief Schroeder
Major McCollom
Traffic Posted 85 % Date Date Time Time
/Counter Direction Speed Speed Volume Location Started Ended Started Ended
1
{ lane 2 Southbound 44.08 8,769
Eastbound
Westbound
# 2 25 ' Between 4/22/02 4/24/02 9:00am 9:00am
Northbound SW 10 Ave & Egret Circle
Southbound
lane 2 Eastbound 39.02 9,644
I lane I Westbound 39.02 9,539
l # 3 25 Between 4/22/02 4/24/02 9:00am 9:00am
lane 2 Northbound 37.92 8,650 Dottorel Road & Egret Circle
Ilane 1 Southbound 37.92 8,789
Eastbound
Westbound
172 25 700 Block Lindel Blvd 4/22/02 4/24/02 9:00arn 9:00am
Northbound 34.67 8,472
tlane 1 Southbound 34.67 8,496
Eastbound
Westbound
25 600 Block Lindel Blvd 4/22/02 4/24/02 9:00am 9:00am
5
t. Northbound
Southbound
lane I Eastbound 38.31 5,674
lane 2 Westbound 38.31 5,867
la6 25 500 Block Lindel Blvd 4/22/02 4/24/02 9:00am 9:00am
Northbound
Southbound
ne I Eastbound 38.31 5 584
[ lane2 Westbound 38.31 5 860
I
.,. ADMINISTRATIVE SERVICE TRAFFIC DMSION
VEHICLE COUNT / SPEED SUMMARY
Lindel Bird
'1
· LAKEVIEW
A PA R [MEN TS
LAKE
DELRA Y INDUS TRIA
PARK
SOLID WA
TRANSF~
STA TIO,
LAKE
DELRA Y
MILLER
FIELD
.............. I' . ............. MILLER
'1 PARK
OSPREY DRIVE I ........
TOWN & COUNTRY
*~ ESTA YE
CONDOS
~f , ) ~,,,, .........................
~1 ! qt~ OF //_~ i BAS~BALL SCH~L I ~
MALL,~O i ~ ...................
HERON DRIVE:
LAKE DELRA Y
APARTMENTS '
CURLEW
Counter # 4
RO~
CURLEW ROAD
AVOCET
BLUEBIRD
ROAD
K
CANAL
SP~D LI~IT 2~ ~PH
04-25-2002 Volume by Speed by Lane Report - D0422001.PRN 13:05 Pg 6
Sta: 000000000001 Id: 000888088088 Cid: 01 Fmt: 300 - Imperial Iht: 60 Min.
Start: Mort - Apr 22, 2002 at 09:00 End: Wed - Apr 24, 2002 at 09:00
City/Town: Delray Beach County: Palm Beach
Location: Between SW iL'Ave & Linton Blvd File: D0422001.PRN
Lnl-North Ln2-South
Station Data Summary
Speed(mph) 1-5 '6-10 11-15 16-20 21-25 26-30 31-35 36-40 41-45 46-50 51-55 56-60 61-65 66-70 71-147 Total
Grand Totals 11 2 9 236 1062 1968 3219 5628 3264 1211 465 150 4 0 0 17229
Percentages 0.06 0.01 0.05 1.37 6.16 11.42 18.68 32.67 18.94 7.03 2.70 0.87 0.02 0.00 0.00
Lane 1 2 Total
Grand Totals 8460 8769 17229 ,'
Percentages ~9.10 50.90
Speed Summary
Total AvgSpd 15%ile 50%ile 85%ile >55 %>55 >60 %>60 >65 %>65
17229 36.92 28.57 37.50 44.08 154 0.9 4 0.0 0 0.0
Am/Pm Peak Hour Totals
Speed(mph) ->5 ->10 ->15 ->20 ->25 ->30 ->35 ->40 ->45 ->50 ->55 ->60 ->65 ->70 >70 Total
Am Hour 8-9 1 0 0 10 78 107 109 127 48 43 25 4 0 0 0 552
Percentages 9.09 0.00 0.00 4.24 7.34 5.44 3.39 2.26 1.47 3.55 5.38 2.67 0.00 0.00 0.00 3.20
Pm Hour 17-18 0 0 0 1 18 61 224 293 106 27 2 0 0 0 0 732
Percentages 0.00 0.00 0.00 0.42 1.69 3.10 6.96 5.21 3.25 2.23 0.43 0.00 0.00 0.00 0.00 4.25
SPRHD LI%IT 25 #PH
04-25-2002
Volume by Speed by Lane Report - D0422003.PRN
13:00
Sta: 000000000002 Id: 211112200007
Start: Mort - Apr 22, 2002 at 09:00
City/Town: Delray Beach
Location: Between SW 10 Ave & Egret-Circle
Lnl-West Ln2-gast
Cid: 01
Fmt: 300 - Imperial Iht: 60 Min.
End: Wed - Apr 24, 2002 at 09:00
County: Palm Beach
File: D0422003.PRN
Station Data Summary
Speed(mph) 1-5 6-10 11-15 16-20 21-25 26-30 31-35 36-40 41-45 46-50 51-55 56-60 61-65 ~6-70 71-147 Total
Grand Totals 2 5 13 12 174 1473 9785 6422 1111 146 31 9 0 0 0 19183
Percentages 0.01 0.03 0.07 0.06 0.91 7.68 51.01 33.48 5.79 0.76 0.16 0.05 0.00 0.00 0.00
Lane 1 2 Total
Grand Totals 9539 9644 19183
Percentages 49.73 50.27
Speed Summary
Total AvgSpd 15%ile 50%ile 85%ile >55 %>55 >60 %>60 >65 %>65
19183 34.90 31.49 34.23 39.029 0.0 0 0.0 0 0.0
Am/Pm Peak Hour Totals
Speed(mph) ->5 ->10 ->15 ->20 ->25 ->30 ->35 ->40 ->45 ->50 ->55 ->60 ->65 ->70 >70 Total
Am Hour 0-9 0 0 0 0 11 S2 438 112 22 2 0 0 0 0 0 637
Percentages 0.00 0.00 0.00 0.00' 6.32 3.53 4.48 1.74 1.98 1.37 0.00 0.00 0.00 0.00 0.00 3.32
Pm Hour 17-18 0 0 0 0 5 43 272 428 86 6 0 0 0 0 0 840
Percentages 0.00 0.00 0.00 0.00 2.87 2.92 2.78 6.66 7.74 4.11 0.00 0.00 0.00 0.00 0.00 4.38
SPEED LI~IT 25 MPH
04-25-2002 Volume by Speed by Lane Report - D0422005.PRN 12:58 Pg 6
Sta: 000000000003 Id: 000112200004 Cid: 01 Fmt: 300 - Imperial Iht: 60 Min.
Start: Mon - Apr 22, 2002 at 09:00 Snd: Wed - Apr 24, 2002 at 09:00
City/Town: Delray Beach County: Palm Beach
Location: BEtween Dottorel Rd. & Egret Circle -- File: D0422005.PRN
Lnl-South Ln2-North
Station Data Summary
Speed(mph) 1-5 6-10 11-15 16-20 21-25 26-30 31-35 36-40 41-45 46-50 51-55
Grand Totals 8 8 124 238 774 4115 7914 3418 736 80 17
Percentages 0.05 0.05 0.71 1.36 4.44 23.60 45.38 19.60 4.22 0.46 0.10
56-60 61-65 66-70 71-147 Total
7 0 0 O 17439
0.04 0.00 0.00 0.00
Lane 1 2 Total
Grand Totals 8789 8650 17439
Percentages '50.40 49.60
Speed Summary
Total AvgSpd 15%ile S0%ile 85%ile >55 %>55 >60 %>60 >65 %>65
17439 32.5027.42 32.75 37.92 7 0.0 0 0.0 0 0.0
Am/Pm Peak Hour Totals
Speed(mph) ->5 ->10 ->15 ->20 ->25 ->30 ->35 ->40 ->45 ->50 ->55 ->60 ->65 ->70 >70 Total
Am Hour 11-12 0 0 5 5 25 147 291 141 20 1 0 0 0 0 0 635
Percentages 0.00 0.00 4.03 2.10 3.23 3.57 3.68 4.13 2.72 1.25 0.00 0.00 0.00 0.00 0.00 ~.64
Pm Hour 16-17 0 0 3 9 16 159 391 148 43 5 0 0 0 0 0 774
Percentages 0.00 0.00- 2.42 3.78 2.07 3.86 4.94 4.33 5.84 6.25 0.00 0.00 0.00 0.00 0.00 4.44
SPEBD LI#IT 25 MPH
04-25-2002 Volume by Speed by Lane Report - D0422007.PRN 12:50 P~ 6
Sta: 000000000004 Id: 000112200005
Start: Mort - Apr 22, 20o2 at 09:00
City/Town: Delray Beach
Location: 700 Block Lindel Blvd -'
Lnl-South Ln2-North
Cid: 01
Fmt: 300 - Imperial Int: 60 Min.
End: Ned - Apr 24, 2002 at 09:00
County: Palm Beach
File: D0422007.PRH
Station Data Summary
Speed{mph) 1-5 6-I0 11-15 16-20 21-25 26-30 31-35 36-40 41-45 46-50 51-55 56-60 61-65 66-70 71-147 Tota1
Grand Totals 7 10 41 252 959 5760 8057 1474 342 41 21 4 0 0 0 16960
Percentages 0.04 0.06 0.24 1.49 5.65 33.95 47.48 8.69 2.02 0.24 0.12 0.02 0.00 0.00 0.00
Lane 1 2 Total
Grand Totals ,0496 8472 16968 ,'
Percentages 50.07 49.93
Speed Summary
Total AvgSpd 15%ite 50%ile 85%ile >55 %>55 >60 %>60 >65 %>65
16968 31.14 26.89 31.72 34.67 4 0.0 0 0.0 0 0.0
Am/Pm Peak Hour Totals
Speed(mph) ->5 ->10 ->15 ->20 ->25 ->30 ->35 ->40 ->45 ->50 ->55 ->60 ->65 ->70 >70 Total
Am Hour 8-9 0 1 3 5 19 119 329 71 18 2 1 0 0 0 0 568
Percentages 0.00 10.00 7.32 1.98 1.98 2.07 4.08 4.82 5.26 4.88 4.76 0.00 0.00 0.00 0.00 3.35
Pm Hour 17-10 2 0 1 5 22 203 428 57 9 1 0 0 0 0 0 728
Percentages 28.57 0.00 2.44 1.98 2.29 3.52 5.31 3.87 2.63 2.44 0.00 0.00 0.00 0.00 0.00 4.29
SPEBD LIMIT 25 MPH
04-25-2002 Volume by Speed by Lane Report - D0422011.PRN 11:05 Pg 6
Sta: 000000000005 Id: 000112200003 Cid: 01 Fmt: 300 - Imperial Iht: 60 Min.
Start: Mon - Apr 22, 2002 at 09:00 End: Wed - Apr 24, 2002 at 89:00
City/Town: Delray Beach County: Palm Beach
Location: 600 Block Lindel Blvd -' File: D0422011.PRN
Lnl-~ast Ln2-West
Station Data Summary
Speed(mph) 1-5 6-10 11-15 16-20 21-25 26-30 31-35 36-40 41-45 46-50 51-55 56-60 61-65 66-70 71-147 Total
Grand Totals 39 12 43 82 549 2755 4970 2356 593 89 27 13 13 0 0 11541
Percentages 0.34 0.10 0.37 0.71 4.76 23.87 43.06 20.41 5.14 0.77 0.23 0.11 0.11 0.00 0.00
Lane 1 2 Total
Grand Totals ,5674 5867 11541
Percentages 49.16 50.84
Total AvgSpd 15%ile 50%ile 85%ile
11541 32.78 27.46 32.84 38.31 26 0.2
Speed Summary
>60 %>60 >65 %>65
13 0.1 0 0.0
Am/Pm Peak Hour Totals
Speed(mph) ->5 ->10 ->15 ->20 ->25 ->30 ->35 ->40 ->45 ->50 ->55 ->60 ->65 ->70 >70 Total
Am Hour 10-11 4 0 7 10 89 107 160 58 26 6 0 0 0 0 0 467
Percentages 10.26 0.00 16.28 12.20 16.21 3.88 3.22 2.46 4.38 6.74 0.00 0.00 0.00 0.0Q 0.00 4.05
pm Hour 16-17 4 1 0 2 16 89 226 125 28 3 1 1 0 0 0 496
Percentages 10.26 8.33 ,0.00 2.44 2.91 3.23 4.55 5.31 4.72 3.37 3.70 7.69 0.00 0.00 0.00 4.30
SPEED LIMIT 25 MPH
04-25-2002
Volume by Speed by Lane Report - D0422011.PRN
10:54 P~ 6
Sta: 000000000006 Id: 000112200006
Start: Mon - Apr 22, 2002 at 09:00
City/Torn: Delray Beach
Location: 500 Block Lindel Blvd
Lnl-Rast Ln2-West
Cid: O1
Fmt: 300 - Imperial In%: 60 Min.
End: Wed - Apr 24, 2002 at 09:00
County: Palm Beach
File: D0422011.PRN
Station Data Summary
Speed(mph) 1-5 6-10 11-15 16-20 21-25 26-30 31-35 36-40 41-45 46-50 51-55 56~60 61-65 66-70 71-147 Total
Grand Totals 39 11 41 82 479 2745 4970 2352 583 89 27 13 13 0 0 11444
Percentages 0.34 0.10 0.36 0.72 4.19 23.99 43.43 20.55 5.09 0.78 0.24 0.11 0.11 0.00 0.00
Lane 1 2 Total
Grand Totals ,5584 5860 11444"
Percentages 48.79 51.21
Speed Summary
Total AvgSpd 15%ile 50%ile 85tile >55 %>55 >60 %>60 >65 %>65
11444 32.84 27.55 32.87 38.31 26 0.2 13 0.1 0 0.0
Am/Pm peak Hour Totals
Speed(mph) -~5 -~10 ->15 ->20 ->25 ->30 ->35 ->40 ->45 ->50 ->55 ->60 ->65 ->70 >70 Total
Am Hour 11-12 0 0 3 9 16 93 106 61 19 2 0 0 0 0 0 389
Percentages 0.00 0.00 7.32 10.98 3.34 3.39 3.74 2.59 3.26 2.25 0.00 0.00 0.00 0.00 0.00 3.40
Pm Hour 16-17 4 1 0 2 16 89 226 125 28 3 1 1 0 0 0 496
Percentages 10.26 9.09 ,0.00 2.44 3.34 3.24 4.55 5.31 4.80 3.37 3.70 7.69 0.00 0.00 0.00 4.33
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM O I-'1 - REGULAR MEETING OF MAy 7, 2009.
RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD ACTIONg
DATE: MAY 3, 2002
This is before the City Commission to ratify the actions taken by the South Central Regional
Wastewater Treatment and Disposal Board at their Quarter Annual Meeting on April 18, 2002. By a
vote of 6 to 0, the SCRWTD Board approved the following:
· Authorization to expend $2,500 from repair and replacement fund to replace screw on Westec
Hydro Gritter.
Authorization to expend $78,000 from repair and replacement funds on an emergency basis to
replace recirculation pumps in "A" and "B" plant scrubbers.
Authorization to expend $1,525 from repair and replacement fund on an emergency basis for
D.O. Probe for "A" plant aeration.
Recommend ratification of the actions approved by the SCRWTD Board on April 18, 2002.
&\City Clerk\chevelle folder\agenda memos\.SCRWTD Boaxd Action of 04.18.0Zdoc
BOARD
City Council Members of
Boynton Be~ch & Delray Beach
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD
1801 North Congress Avenue · Delray Beach, Florida 33445
Telephone
(561) 272-7061 (561) 734-2577
Fax: (561) 265-2357
E-mail: scrwwtp@ ix.netcom.com
MEMORANDUM
TO:
FROM:
DATE:
RE:
Ms. Nilza Madden
City Of Delray Beach
Mary Ann Shumilla
April 19, 2002
RATIFICATIONS FOR SIGNATURE
Attached are Ratifications from the Quarterly Annual Meeting of April 18, 2002 which
require signatures. Would you place these on the Agenda for your next Commission
meeting.
Would you contact me at 272-7061 when the Ratifications are executed.
Thank you.
RECEIVED
CITY CLERK
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF APRIL 18, 2002
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on April 18, 2002, by a vote of 6-0, approve AUTHORIZATION TO EXPEND ~2,500
FROM REPAIR & REPLACEMENT FUND TO REPLACE SCREW ON WESTEC HYDRO
GRITTER.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Boynton Beach this
day of , , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approved as to form:
City Attorney
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF APRIL 18, 2002
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on April 18, 2002, by a vote of 6-0, approve AUTHORIZATION TO EXPEND ;78,000
FROM REPAIR & REPLACEMENT FUNDS ON AN EMERGENCY BASIS TO REPLACE
RECIRCULA TION PUMPS IN "A "AND "B" PLANT SCRUBBERS.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Boynton Beach this
day of , , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approved as to form:
City Attorney
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF APRIL 18, 2002
WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did
on April 18, 2002, by a vote of 6-0, approve AUTHORIZATION TO EXPEND ~1,525.
FROM REPAIR & REPLACEMENT FUND ON AN EMERGENCY BASIS FOR D.O. PROBE
FOR "A" PLANT AERATION.
WHEREAS, said Board action requires ratification by the City of Boynton Beach and
the City of Delray Beach.
NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify
said Board action independently.
The above action is hereby ratified in open session by the City of Delray
Beach this ~ day of , , by a vote.
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approved as to form:
City Attorney
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~c20
AGENDA ITEM c>XS) . REGULAR MEETING OF MAY 7. 2002
DISTRIBUTION OF FY 2005 DRUG CONTROL &
IMPROVEMENT FUNDS
DATE: MAY 3, 2002
SYSTEM
This is before the Commission to consider approval of the distribution of FY 2003 Drug Control &
System Improvement (DCSI) funds as recommended by the Criminal Justice Commission (cJc). The
total FY 2003 allocation to Palm Beach County is $730,760. The proposed use of the federal funds is
outlined in the attached letter from the CJC.
The Florida Depaxunent of Community Affairs requires that 51% of the local units of government
representing 51% of the county's population agree on the allocation of the DCSI funds.
Chief Schroeder has reviewed the funding allocations and recommends that the City Commission
support the distribution of funds.
Recommend approval of the distribution of FY 2003 Drug Control & System Improvement funds,
and authorize sending the attached letter agreeing to the allocation of these funds.
S:\City Clerk\chevelle folder\agenda memos\Allocation of DCSI Funds FY 2003.05.07.02
£1T¥ DF DELRI:I¥ BEI:I£H
DELRAY BEACH
CITY CLERK
Mr. Chyton XYTtlder
Florida Department of Law Enforcement
Office of Criminal Justice Grants
2331 Phillips Road
Walhhassee, Florida 32308
8,
2002
1993 may
2001
100 N.W. 1st AVENUE. DELRAY BEACH, FLORIDA 33444-561/243-7000
Dear Mr. V~rflder:
In compliance with the State of Florida Rule Chapter 9G-16.003(4)(d), the City of Delray Beach approves of the
allocation of $730,760 for FY 2003 Drug Control and System Improvement (DCS1) funds aka as the Byrne funds
for the following projects in Palm Beach County:.
City of West Palm Beach/Police
Department
Palm Beach County/State
Attorney's Office
Palm Beach County/Sheriffs
Office
Palm Beach County/Court
Administration
Responding Against Delinquency
& Recidivism (RADAR)
Truancy Interdiction Program
Multi-Agency Narcotics Unit
Juvenile Domestic Violence
Mediation Project
$40,300
$23,121
$295,326
Sz~)g89
Palm Beach County/CJC Community Court/community $40,214
Service Restoration Project
Palm Beach County/CJC $39,041
Community Court/Treatment
Program
Crime Mapping/GIS Project
Civil Drug Court/ILESTART
Project
Countywide Weed and
Coordination Prolsram
Program Administration
Palm Beach County/CJC
City of Riviera Beach
City of Delray Beach/Police
Department
Palm Beach County/CJC
Palm Beach County/cJc
TOTAL
Crime Analyst
Seed
$48,112
$74j84
~42,329
~7,5~
I understand that each of these programs will be required to provide their own 25 percent cash match.
Sincerely,
DAVID W. SCHMIDT
MAYOR
(~ Printed on Recycled Paper
THE EFFORT ALWAYS MATTERS
APR 2,4- ";,
Criminal Justice Commission
301 N. Olive Avenue. Suite 1001
West Palm Beach, FL 33401-4705
(561) 355-4943
Suncom: 273-4943
FAX: (561) 355-4941
E-mail: dcunning@co.palm-beach, fi.us
www. pbcgov, com/cjc
George T. Elmore, Chairman
Jorge A, Dominicis, Vice Chairman
Leo E. Noble, Secretary
Wendy Sartory Link, Treasurer
Executive Director
L Diana Cunningham
"An Equal Opportunity
Affirmative Action Employer"
April 23, 2002
To all Palm Beach County Mayors:
The Criminal Justice Commission (CJC) serving as the Substance Abuse
Advisory Board (SAAB) seeks your approval in the allocation of FY03 Drug
Control & System Improvement {DCSI) funds aka Byrne funds. The total FY03
allocation to Palm Beach County is $730,760.
The CJC submitted a request for proposals (RFP) to all local units of government
to fund projects that respond to drug and drug-related violent crime problems.
A total of eleven (11) proposals were received this year plus the CJC's program
administration and crime analyst positions. On April 22, 2002, the CdC/SAAB
voted unanimously to recommend that funding be allocated as follows:
8UBORANTEE PROJECT TITLE FEDERAL ~8
RECOMMENDED
City of West Palm Beach/ Responding Against Delinquency $40,300
Police Department & Recidivism (RADAR)
Palm Beach County/ Truancy Interdiction Program $23,121
State Attorney's Office (TIP)
Palm Beach County/ Multi-Agency Narcotics Unit $295,326
Sheriffs Office (MAN)
Palm Beach County/ Juvenile Domestic Violence $40,289
Court Administration Mediation Project
(Contingent on obtaining cash match
from the County or external revenue
source. If not, funds will be evenly
distributed between the RADAR Project
and the MAN Unit.)
Palm Beach County/CJC Community Court/ Community $40,214
Service Restoration Project
Palm Beach County/CJC Community Court/Treatment $39,041
Program
Palm Beach County/CJC Crime Mapping/GIS Project $48,112
City of Riviera Beach Civil Drug Court/RESTART $74,184
Project
Cty of Delray Beach/ Countywide Weed and Seed $42,329
Police Department Coordination Program
Palm Beach County/CJC Program Administration $47,58)
Palm Beach County/CJC Crime Analyst $40,264
TOTAL $730,760
~ printed ot~ recycled paper
The Florida Department of Law Enforcement (FDLE) requires that 51 percent of
the local units of government representing 51 percent of the county's population
agree on the allocation of these funds. Each program is required to provide its
own 25 percent cash match.
For your convenience, we have prepared a sample letter for your use. Due to the
application deadline, this letter must be received at the Criminal Justice
Commission Office, no later than May 14, 2002. Please send the letter to:
Criminal Justice Commission
Att: Janet Cid
301 N. Olive Avenue, Suite 1001
West Palm Beach, F1 33063
If you should require additional information or have any questions, please
contact Ms. Janet Cid, Financial Analyst for CJC at 355-4939. Your immediate
attention to this matter is greatly appreciated.
L. Diana Cunnin~
Executive Director, CJC
Cc;
Judge Blanc, Chairman, Byrne Grant Committee
Mr. George Elmore, Chairman, CJC
Ail Chiefs of Police
Mr. Clayton Wilder
Florida Department of Law Enforcement
Office of Criminal Justice Grants
2331 Phillips Road
Tallahassee, F1 32308
Dear Mr. Wilder:
In compliance with the State of Florida Rule Chapter 9G-16.003(4){d), the
(city, village or town) approves the allocation of $730,760
for FY03 Drug Control and System Improvement (DCSI) funds aka as the Byme
funds for the following projects in Palm Beach County:
SUBGRANTEE PROJECT TITLE FEDERAL FUlqD8
RECOMMERDED
City of West Palm Beach/ Responding Against Delinquency $40,300
Police Department & Recidivism (RADAR)
Palm Beach County/ Truancy Interdiction Program $23,121
State Attorney's Office (TIP)
Palm Beach County/ Multi-Agency Narcotics Unit $295,326
Sheriffs Office (MAN)
Palm Beach County/ Juvenile Domestic Violence $40,289
Court Administration Mediation Project
Palm Beach County/CJC Community Court Community $40,214
Service Restoration Project
Palm Beach County/CJC Community Court Treatment $39,041
Program
Palm Beach County/CJC Crime Mapping/GIS Project $48,112
City of Riviera Beach Civil Drug Court/RESTART $74,184
Project
City of Delray Beach/ Countywide Weed and Seed $42,329
Police Department Program
Palm Beach County/CJC Program Administration $47,580
Palm Beach County/CJC Crime Analyst $40,264
TOTAL $730,760
I understand that each of these programs will be required to provide their own
25 percent cash match.
Sincerely,
Mayor
(city, town, village) of
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM"-~"x~{~ ~ REGULAR MIZ~TING OF MAY 7, 2002
AWARD OF CONTRACT/CIGNa
DATE: MAY 3, 2002
This is before City Commission for authorization to award a renewal contract to CIGNA for our
Group Long-Term Disability Plan at an estimated annual cost of $198,049. The present long-term
disability plan expires on April 30, 2002.
The present carder, Fortis currently charges the City $1.16 per $100.00 of payroll ($332,952 annually)
and originally quoted to renew at $1.57 per $100.00 of payroll ($375,527 annually). This is a 35.4%
increase for the City. After the plan was taken out for a Request for proposal, Fortis agreed to hold
their current rate. However, CIGNA submitted a quote for $.69 per $100.00 of payroll ($198,049
annually) with identical benefits to our present plan. CIGNA provided a two (2) year rate guarantee
whereas Fortis only provided for a one (1) year rate for renewal. In addition, CIGNA is our current
health plan carder which should provide the City with more leverage in controlling our health plan
renewal costs. CIGNA rates will save the City of Delray Beach $134,903 (less FICA match costs)
over the Fortis renewal rates. The effective date to renew with CIGNA is May 1, 2002.
Funding is available from 551-1576-591-45.44 (Disability Premiums).
Recommend approval to award a renewal contract to CIGNA at an estimated annual cost of
$198,049.
S:\City Clerk\chevelle folder\agenda memos\CIGNA Long-Term Disability Plan contract award.05.07.02
To:
From:
Date:
David T. Harden, City Manager
Joseph M. Sa~~ance Director
April 19, 2002
Subject:
Renewal of Group Long-Term Disability Plan
The present long-term disability plan expires on April 30th. Our present carder, Fortis, is
presently charging the City $1.16 per $100 of payroll (1.16% or $332,952 annually) and
originally quoted to renew at $1.57 per $100 of payroll (1.57% or $375.527 annually)
which was a 35.4% increase. We took the position that this was unacceptable and took
our plan out for Request for Proposal.
Once Fortis realized we were taking our plan into the market, they submitted a quote to
hold their rate at $1.16 per $100 of payroll or $332,952.
Cigna and AIG submitted identical quotes, with a 2-year rate guarantee, at $.69 per $100
of payroll (.69% or $198,049 annually) with identical benefits to our present plan. The
only significant difference is that our present plan pays for the FICA match and Cigna
and AIG charge the City for the FICA match. With between 5-8 individuals out on long-
term disability, this is not a significant cost.
Since this plan effective date is May 1~t, and we have no City Commission meeting until
May 7th, we authorized the Agent of Record to renew our policy with Cigna. If we were
to extend with our current carrier, Fortis, for one month (to allow for Commission
approval) the additional cost to the City would have exceeded $6,000. Therefore, we
received permission from the Acting City Manager, Bob Barcinski, to renew with Cigna
effective May 1~t.
Cigna was selected
following reasons:
·
over AIG (who had identical rates quoted) and Fortis for the
Cigna is 4th in the United States in volume for long-term disability plans whereas
AIG is 19th in volume
Cigna is our current health plan carrier and this additional plan should provide us
with more leverage in controlling our health plan renewal costs
Cigna provided a 2-year rate guarantee whereas Fortis only provided for a 1-year
renewal
Cigna rates provided the City with $134,903 (less FICA match costs) in savings
over the Fortis renewal rates
We would therefore request approval of the City Commission of our actions to award the
renewal contract to Cigna effective May l~t for a 2-year period.
Copies of the Request for Proposal are attached for your review.
We express our appreciation to the Gehring Group, our Agent of Record, for their efforts
in taking this long-term disability insurance into the market and their presentation of the
Requests for Proposals in a timely manner. Their assistance in getting certain quoted
benefits in line with our present benefits was also appreciated. An excellent job was done
with excellent results.
Encl: LTD Insurance Evaluation Worksheet
Cc~
Frank Babin, Risk Manager
Kurt Gehring, Gehring Group
O0
AGENDA ITEM NUMBER:
AGENDA REQUEST
Date: 04-19-02
Request to be placed on:
x Consent Agenda __ Special Agenda __ Workshop Agenda
When: 05-07-02
Description of agenda item: Renewal of the City's Group Long-term Disability Plan with
CIGNA effective May 1, 2002, for a renewal period of two years with a guaranteed rate per
employee of $0.69/5100 of payroll.
ORDINANCE/RESOLUTION REQUIRED:
Draft of Resolution Attached:
YES NO
YES NO
Recommendation: Approval is recommended by the Finance Director and Risk Manager
X
Con
Determination of Consistency wit ~iSrehensive Plan: n/a
City Attorney Review/Recommendation (if applicable): n/a
Budget Director Review
(required on all items involving expenditure of funds):
Funding available:
Funding alternatives (if applicable):
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for Agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Action:
Yes x ~ No
551-1576-591-45.44
Disability Premiums
$364,040
No
Approved:
Disapproved:
P.O. #
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM -~EEGULAR M~P. TING OF MAY 7, 200?,
ADVANCED PUBLIC SAFETY AGREEMENT
DATE: MAY 3, 2002
This is before the Commission to consider approval of the agreement between the City of
Delray Beach and Advanced Public Safety, Inc. (APS). Advanced Public Safety, Inc. will
provide consulting setarices to the Delray Beach Police DepatLment by researching and
developing technology/equipment to assist with the delivery of police services to the Delray
Beach residents. The Police Department will implement the APS software with Advanced
Public Safety, Inc. providing the technical assistance and support.
The City will allow usage of a current model marked police vehicle to be operated only by
the City's authorized operator, issue a cellular telephone, and reimburse APS for a laptop
computer with comparable expenses to an officer issued laptop. The City's MIS
Department in conjunction with APS will detexmine the model and capacity of the
computer. These items will be used as necessary for the performance of the agreement.
Advanced Public Safety, Inc. will act as an independent contractor in the performance of its
duties under this agreement and owns all fights, tide, and interest to the APS software.
Recommend approval of the agreement with Advanced Public Safety, Inc.
S:\City Clerk\agenda memo~\chevelle folder\Advanced Public Safety. Agmt.05.07.02
CITY OF DELRrlY BEI:I£H
CITY ATTORNEY'S OFFICE
1993
POLICE LEGAL ADVISOR
300 W. ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7823 · FACSIMILE 561/243-7815
POLICE LEGAL ADVISOR
MEMORANDUM
To:
From:
Chevelle Hall, Agenda Coordinator
Catherine M. Kozol,
Police Legal Advisor'
Date: April 24, 2002
Re:
Advanced Public Safety Agreement
Attached please find three original Agreements relative to the above. It
would be appreciated greatly if you would place this on the next consent agenda
and if it meets with Mr. Harden's approval, have him sign where indicated and
return a completely signed original to me.
If you have any questions, please do not hesitate to call me.
/ath
Encs.
CONSULTING AGREEMENT
This Consulting Agreement (the "Agreement") dated. , is made by
and between Advanced Public Safety, Inc., a Florida corporation ("APS") and the City of
Delray Beach, a Florida municipal corporation (the "City"). Collectively, A.PS and the
City are referred to as the "Parties".
WHEREAS, APS is in the business of developing and licensing software related
to public safety and law enforcement;
WHEREAS, on September 19, 2001, the Parties entered into a Software License
Agreement (the "Agreement") related to the licensing of APS' software products (the
"Software") to the City;
WHEREAS, the City desires APS to perform certain consulting services related to
the Software and APS desires to perform such consulting services on the terms and
conditions set forth herein;
NOW, THEREFORE, for and in consideration of the mutual covenants and
agreements herein contained, and for other valuable consideration, the receipt and
adequacy of which are hereby acknowledged, the Parties hereby agree as follows:
1. Consultation Services. The City hereby retains APS to perform research and
development of technology and equ/pment that assist in the delivery of police services to
the citizens of the City of Delray Beach and services related to the operation and
/mplementafion of the APS Software (the "Services").
2. Term of Agreement. This Agreement will begin on the date set forth above and
will end upon the termination by either party for any reason upon thirty (30) days prior
notice to the other party in writing, by certified mail or personal delivery.
3. Payment to APS. In consideration for the performance of the Services, the City
shall provide to APS, at the City's expense, (1) the use of a current model, marked police
vehicle (see Addendum 'A'); (2) reimbursement for a laptop computer comparable in
expense to an officer issued laptop (see Addendum 'B') and (3) a cellular telephone (see
Addendum 'C'). APS agrees that the use of the vehicle, computer and the cellular
telephone shall be restricted to such use as is necessary for the performance of this
Agreement and the License Agreement. Additionally, the City shall reimburse APS for
all expenses pre-approved by the City that are incurred by APS on the City's behalf in
connection with the performance of the Services hereunder.
4. Independent Contractor. Both APS and the City agree that APS will act as an
independent contractor in the performance of its duties under this Agreement.
Accordingly, APS shall be responsible for payment of all taxes including Federal, State
and local taxes arising out of A_PS' activities in accordance with this contract, including
by way of illustration but not limitation, Federal and State income tax, Social Security
tax, Unemployment Insurance taxes, and any other taxes or business license fee as
required.
5. Intellectual Property Rights. The City acknowledges and agrees that APS does
own and shall own all right, title and interest (including patent rights, copyrights, trade
secret rights, mask work rights, trademark rights and all other intellectual and industrial
property rights of any sort throughout the world) relating to any and all inventions
(whether or not patentable), works of authorship, mask works, designations, designs,
know-how, ideas and information made or conceived or reduced to practice, in whole or
in part, by APS that relate to the subject matter of, or arise out of, the Services. The
provisions of this subsection shall survive any termination of this Agreement.
6. Governing Law; Venue. This Agreement shall be governed by and construed and
interpreted in accordance with the law of the State of Florida, without regard to contlict
of laws principles. Each of the Parties to this Agreement hereby consents to the exclusive
jurisdiction of the applicable federal or state court located in Palm Beach County Florida,
as well as to the jurisdiction of all courts to which an appeal may be taken from such
courts, for the purpose of any suit, action or other proceeding arising out of, or in
connection with, this Agreement
IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly
executed and delivered as of the date first set forth above
ADVANCED PUBLIC SAFETY, INC.
CITY OF DELRAY BEACH
By:
Name:
Title:
I Approve~ legal sufficiency./
Addendum 'A'
The use of the marked police vehicle will be restricted to research and development of
the Delray Beach Police Department's technology enhancements and use while on duty
as an Auxiliary Officer.
Only Auxiliary Officer Serf Rubenstein, or another Deparlment authorized operator, will
operate the vehicle.
The Chief of Police or his designee will authorize travel before the commencement of
any trips. Trip expenses will be paid on a contractual basis and authorized before the
commencement of any travel.
APS will not use the Delray Beach Police Department affiliation or equipment when
servicing other APS accounts or as a promotion of the APS products.
Addendum 'B'
The Delray Beach Police Department will supply APS a laptop computer comparable to
the research and development needs associated with the 'services" provided.
The City of Delray Beach's MIS Department, in conjunction with APS, will determine
the model and capacity of the computer.
Addendum 'C'
The Delray Beach Police Department will compensate A.PS, seventy-five dollars, plus
applicable taxes, per month for cellular phone services provided by APS during the
contract period.
3
CITY OF DELRrlY BEACH
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 ° FACSIMILE 561/278-4755
1993 DATE: May 1, 2002
MEMORANDUM
Writer's Direct Line: 561/243-7091
TO:
FROM:
City Commission ~
Brian Shutt, Assistant City Attorney
SUBJECT: Agreement for Reimbursement of Construction Expenses
The attached agreement between the City, the CRA and David Sanderson
provides for the splitting of the cost of installing drainage and brick pavers in the
alley on the south side of Atlantic Avenue and just east of Northbound U.S. 1. The
entire cost of the project is estimated to cost about 23,830.00. The City will be
responsible for the cost of the exfiltration trench and valley gutter. Such cost is
estimated to be $9,469.00. The CRA and Mr. Sanderson, who owns property
adjacent to the alley, shall split the cost of the installation of the brick pavers. The
cost is estimated to be $14,361.00. Thus, the CRA and Mr. Sanderson would
each be responsible for $7,180.50. The City shall receive the CRA's and Mr.
Sanderson's share, plus 10% in case of contract increases, prior to award of the
contract.
This Agreement has been approved by the other parties.
By copy of this memo to David Harden, our office requests that this item be placed
on the May 7, 2002 City Commission agenda. Please call if you have any
questions.
Attachment
cc: David Harden, City Manager ~
Barbara Garito, City Clerk
Randal Krejcarek, City Engineer
AGREEMENT FOR REIMBURSEMENT OF CONSTRUCTION
COSTS FOR BLOCK 117 ALLEY IMPROVEMENT
THIS AGREEMENT entered into this day of ,2002, by and
between thc CITY OF DELRAY BEACH, (hereinafter referred to as City), COMMUNITY
REDEVELOPMENT AGENCY (hereinafter referred to as CRA), and DAVID
SANDERSON, and provides as follows:
WHEREAS, the City. has received a request to make improvements to the Block 117
alley; and
WHEREAS, the City shall limit its contribution for the improvement of the alley to
drainage issues concerning the alley; and
WHEREAS, the CRA and Sanderson shall also contribute toward the construction cost
of the alley; and
WHEREAS, the City Commission has determined it to be in the best interests of the
residents of the City to enter into 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 parties hereby agree as follows:
1. INCORPORATION OF RECITALS The above-stated recitals are incorporated
as if fully set forth herein.
2. BID AWARD AND ACCEPTANCE
the Block 117 alley improvement project. Once the quotes/bids are received, the City shall
notify the CRA and Sanderson of the quote/bid amount from the most competent responsive
responsible bidder. The City, in its sole discretion, shall determine the award of the quote/bid
and may approve or reject any or all quotes/bids.
The City shall request quotes/bids for
3. CONSTRUCTION OFPROJECT The project shall be constructed in
accordance with the plans for the project, attached hereto as Exhibit "A". However, the City
may, in its sole discretion, change such plans or modify the construction if it becomes necessary
in order to protect the public health, safety and welfare or in the best interests of the City.
4. PAYMENT FOR CONSTRUCTION The City shall only be responsible for
the payment of the construction of an exfiltration trench and valley gutter. (See Exhibit "B")
However, in no event shall this amount exceed $10,000.00. Sanderson and the CRA shall be
responsible for all other costs associated with the project, including costs in excess of $10,000.00
for the exfiltration trench and valley gutter. Sanderson and the CRA shall each be responsible
for the amount listed on Exhibit "B", which is $7,180.50, plus 10%, for a total amount of
$7,898.55 due from Sanderson and the same amount due from the CRA. If the City changes
the plans or modifies the construction for the project that results in less cost for construction, the
other parties shall be entitled to a reduction in the amount of the cost. If the City changes the
plans or modifies the construction for the project that would result in an increase in the cost to
the other parties, the City shall provide notice to the other parties of the increase which shall be
paid. If some unforeseen condition arises that increases the cost of the construction of the alley,
excluding the exfiltration trench and valley gutter, Sanderson and the CRA shall be equally
responsible for such increase in cost. Sanderson and the CRA shall pay to the City the amount
provided above ten (10) calendar days prior to the contract being awarded to the successful
bidder by the City. The City shall notify Sanderson and the CRA in writing, twenty (20)
calendar days prior to the awarding of the contract, of its intent to award the contract and the
amount that Sanderson and the CRA shall pay to the City. If Sanderson or the CRA fails to
make payment to the City within the required time period, the City shall not be required to
award the quote/bid for the construction of the project. The City shall refund to Sanderson and
the CRA any funds, provided to the City by Sanderson and the CRA, that were not expended
for the construction of the project at the conclusion of the project and after a full accounting of
the project has been performed by the City. In the event greater funds are needed than the
amount the City has collected from Sanderson and the CRA, Sanderson and the CRA shall
then remit such funds to the City within 10 calendar days of receiving such written request from
the City.
5. MAINTENANCE OF THE ALLEY After the project has been completed the
City shall be responsible for the maintenance of the alley in thesame manner as it maintains all
other streets and alleys in the City. Such maintenance shall be at the sole discretion of the City.
6. COMPLIANCE WITH CONTRACT The City shall require the contractor
to comply with all the terms and conditions of the contract, including the one year warranty
period as described in Article 13 of the General Conditions of the Contract. In the event there is
a dispute between the parties regarding compliance with the contractual terms by the contractor,
the City, in its sole discretion, shall determine whether or not the contractor has complied with
the contract.
7. GOVERNING LAWS~ VENUE Any claims, lawsuits or disputes that may
arise under this Agreement shall be governed by the Laws of Florida, with venue in Palm Beach
County, Florida.
8. INTEGRATIONi AMENDMENTS This Agreement constitutes the entire
agreement and understanding of the parties. There are no representations or understandings of
any kind not set forth herein, pray amendments to this Agreement must be in writing and
executed by all parties.
9. NOTICE Any notice or communication under this agreement shall be in writing
and may be given by regiStered or certified mail. If given by registered or certified mail, the
notice or communication shall be deemed to have been given and received when deposited in the
United States Mail, properly addressed, with postage prepaid. If given otherwise, than by
registered or certified mail, it should be deemed to have been given when delivered to and
received by the party to whom it is addressed. The notices and communication shall be given to
the particular parties at the following addresses:
City: David Harden, City Manager
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
CRA: Community Redevelopment Agency
104 West Atlantic Avenue
Defray Beach Florida 33444
Sanderson: 200 Via Osuna
Rancho Santa Fe, CA 92067
Any party may at any time by giving ten (10) calendar days written notice designate any other
person or entity or any other address in substitution of the foregoing to which the notice or
communication shall be given.
10. SIGNATURE REQUIRED This Agreement shall not be valid unless and until
signed by the Mayor and attested to by the City Clerk.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the
day and year first above written.
ATTEST:
By:
City Clerk
Approved as to Form:
By:
City Attorney
CITY OF DELRAY BEACH
By:
David Schmidt, Mayor
WITNESSES:
~'N~me Printed or TYped)
(Name Printed or Typed)
STATE OF
COUNTY OF
ff,~ , 200~ by
Redevelopment Agency.
WITNESSES:
The foregoing instrument was acknowledged before me this /.s~ day of
..Jo~,v /d~-/~-~, as Chairman of the Community
He/She is personally known to me ~4:ax-s~pr~u~d
(type of identification) as identificat~.n. -~ ~ ~ ~,,,~,~.,,~
Si~ature of Nota~ Publica ~zo oa ~ ~o~o:~g
S~E~ON
By:~ ~~A.~
David Sande~on
(Name Printed or Typed)
(Name Printed or Typed)
STATE OF ,~-7or,'d ~
COUNTY OF i°n/m ~:~
The foregoing instrument was acknowledged before me this 2,.q''~ day of
])rsor ; i, ZOo:7... by DIgY$ d .S'tntnot er~'-o~n (name of
person acknowledging). (/---~~
gignature 0'FNotary Pub~- State of Florida
Print, Type, or Stamp Coml~i~ssioned Name
of Notary Public
Personally Known OR Produced Identification ~ [~ ~ o ~:'.. ., ~ I
Type of Identification Produced: ~rt'~r~
5
EXHIBIT "A"
· $ I
~TIC AV'ENUE
03105102 TUE 16:44 FAX 561 243 7314 ENVIRONMENTAL SRV. DEPT. --,~-, CITY A'IYI'Y Lg]002
PAVER
-,- ' '"'"'"' CONSTRUCT 24'
;Ik "*' ', ]l:-;~,' "~'"'~ ITE STOP BAR
............ .-- .,,, '~' & STOP SIGN
,,...,.. ?.
.__~....~'
]'~ II
"~'~i tfe~C~ 101 LF.
VALLEY GUTTER
~1 ~ VALVE.
,x,1 ' :').'~,~.' ,,.~/
o~-7'.5 EXIS.'rI~G
ETER
RELOCATE
..~ WATER METER
&: SAN. CLEANOUT._
BRICK INSTALLATION
~,.,I ~e~ EXISTiNG
CLEANOUT J
EXISTING
CLEAN OUT ~'"""~O '
EXISTING
ELECTRIC
BOX
;'
·'. .RECONSTRUCTION
I/ iI Cl~ of DEL~AY BEACH ALLEY PROPOSED
03/05/02 TUE 15:46 ITX/RX NO 9492]
03/05/02 TUE 16:45 FAX 561 243 7314 ENVIRONMENTAL SRV. DEPT. -,--,-~ CITY ATTY ~003
R/W .--,/./--EXISTING
17'
BUILDING
~...,.....,-- EAST R/W
PAVER BRICK
-SEE PAVER BRICK DETAIL
VALLEY GUTTER
PAVING CROSS SECTION
NOTES:
1. PLAN GRADES ARE PAVER BRICK GRADES
GUTTER FLOW LINE GRADES ARE NOT SHOWN, BUT
ARE 0.15' BELOW E.O.P.
2. CONTRACTOR IS TO REMOVE ALL EXISTING ASPHALT
& CONTAMINATED BASE MATERIAL PRIOR TO
CONSTRUCTION OF NEW ALLEY PAVING.
CITY of DELRAY BEACH I! ALLEY PROPOSED PAVERS
03/05/02 TUE 15:46 [TX/RX NO 94921
03/05/02 TUE 16:45 FAX 561 243 7314
ENVIRONMENTAL SRV DEPT .... CITY A"IvI'Y
~004
PAVERS
· . f
1-1/2" SAND BEDDING
12" COMPACTED SUBGRADE
TO 98% PER AASHTO T-180
4" LIMEROCK BASE cOMPACTED TO 98% PER
AASHTO T--180 OUTSIDE RIGHT OF WAY.
6" LIMEROCK BASE COMPACTED TO 98% PER
AASHTO T-180 INSIDE RIGHT OF WAY.
4" FLOW-ABLE FILL (100 P.S.I. MIN.)
CITY of DELRA BEACH ]1 ALLEY PROPOSED PAVERS
ENVIRONMENTAL SERVICE~ DEPAFITME~ PAVERS BRt CK SECTION
03/05/02 TUE 15:46 [TX/RX NO 9492J
03/05/02 TUE 16:46 FAX 561 243 7314 ENVIRONMENTAL SRV. DEFF. ~o. CITY ATFY ~005
/--WEARING SURFACE
~ BASE/
"~ STABI LI ZED
SUBGRADE
VALLEY GUTTER
NOT TO SCALE
NOTES:
1. ROADWAY SUBGRADE SHALL IN ALL CASES EXTEND BELOW CURBING.
2. SAWCUTS AT 10' CENTERS SHALL BE MADE WITHIN 24 HOURS
OF CONCRETE PLACEMENT.
ENV~MENTAL SERVICES DEPARTMENT
ALLEY PROPOSED PAVERS i-~~
CURB AND GUTTER SCETION
j °~ 5.J
03/05/02 TUE 15:46 [TX/RX NO 9492]
EXHIBIT "B"
Alley Improvements
Engineer's COst Estimate
Traffic maintenance
tent Removal
Valley Gutter
~ Brick w/sand bedding
8" Lirnerock Base
Compacted Subgrade
18" HDPE Exfiltration Trench
"C" Inlet
Video Allowance
C.S.
S.Y. 220
L.F. 101
S.Y. 220
S.Y. 220
S.Y. 220
t.F.
Ea.
C.S.
72
2
$1,500.00
$1,500.00
$5.00 $1,100.00
$17.00 $1,717.00
$39.00
$8,580.00
$10.00 $2,200.00
$4.00 $880.00
$66.00 $4,752.00
$1,500.00
$100.00
$3,000.00
$100.00
TOTAL $23,830.00
City Portion (Items #3, 7, 8)
Remiander
CRA Share (112 Remainder)
Sanderson Share (1/2 Remainder)
$9,469.00
$14,361.00
$7,180.50
$7,180.50
4/19/2002
[lTV OF OELItI:IV BEI:I[H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
1993 DATE: May 1, 2002
MEMORANDUM
TO:
FROM:
City Commissio,~/;.....~
Brian Shu~'~",~ssistant City Attorney
SUBJECT: Amendment No. 5 to Agreement with Match Point Inc.
The following amendment to the agreement between the City and Match Point Inc.
(MP), provides that MP agrees that it no longer has the right to sell the naming
rights for the Tennis Center. MP will continue to have the right to receive 50% of
the net income from the sale of naming rights if such rights are sold by the City or
its agent, which is the percentage under the original contract.
This amendment is necessary in order to provide the Superlative Group with the
exclusive rights to sell the naming rights for the Tennis Center.
By copy of this memo to David Harden, our office requests that this item be placed
on the May 7, 2002 City Commission agenda for approval. Please call if you have
any questions.
Attachment
CC:
David Harden, City Manager,,/'
Barbara Garito, City Clerk
Bob Barcinski, Asst. City Manager
Becky O'Connor, Treasurer
AMENDMENT NO. 5 TO AGREEMENT
BETWEEN THE CITY OF DELRAY BEACH AND MATCH POINT, INC.
THIS AMENDMENT NO. 5 to the Agreement between the CITY OF DELRAY
BEACH
(City) and MATCH POINT, INC. (MP) is made this
,2002.
day of
WITNESSETH:
WHEREAS, the City and MP entered into an agreement dated November 5,
1998 (the Agreement) an Amendment No. 1 dated September 22, 1999, an Amendment
No. 2 dated January 28, 2000, an Amendment No. 3 dated June 7, 2000, and an
Amendment No. 4 dated December 6, 2000; and
WHEREAS, MP currently has the right to sell naming rights for the City's Tennis
Center; and
WHEREAS, the CITY desires to grant the exclusive right to sell naming rights to
the Superlative Group Inc.; and
WHEREAS, MP agrees to the removal of its right to sell or procure naming rights
for the Tennis Center for the remainder of the term of the Agreement dated November
5, 1998 between the CITY and MP.
NOW, THEREFORE, for good and valuable consideration, herein provided, the
City and MP agree as follows:
The recitations set forth above are hereby incorporated as if fully set forth
herein.
2.
That Sections 3.01(A), (B), (C), (D), (E), (G)(1), (G)(2) and Section 3.02
are hereby repealed and it is further agreed by MP that MP shall not have the right to
sell the naming rights for the Tennis Center. If the naming rights are sold by the CITY,
or its agent, MP shall be entitled to receive 50% of the net income from the sale of such
naming rights. The CITY shall only be responsible to make payment to MP for the sale
of the naming rights upon the CITY's receipt of proceeds from the sale. Such payment
shall be made to MP within 20 days of receipt of such payment by the CITY. The CITY
does not guarantee or assert that it will sell the naming rights, nor does it guarantee any
amount that it will receive if such naming rights are sold.
3. The original agreement dated November 5, 1998, the Amendment No. 1 to
the Agreement dated September 22, 1999, Amendment No. 2 dated January 28, 2000,
Amendment No. 3 dated June 7, 2000, Amendment No. 4 dated December 6, 2000
and this Amendment No. 5, constitute the entire agreement between the parties with
respect to the subject matter hereof and supercedes all prior verbal or written
agreements between the parties with respect thereto. The Agreement dated November
5, 1998 and any amendments thereto remains in full force and effect except as
expressly modified herein.
4. This Amendment No. 5 to the Agreement (dated November 5, 1998) shall
be effective upon the approval by the City and by MP.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the
day and year first above written.
ATTEST:
By:
City Clerk
Approved as to legal sufficiency
and form:
CITY OF DELRAY BEACH, FLORIDA
By:
David Schmidt, Mayor
2
By: ~'""' ~
/~,~\ City Attorney
WITNESSES:
Print N~rn_; ~
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MATCH POINT, INC.
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Title:
· STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was
., 2002, by
as
corporation.
acknowledged before me this
(state or place of incorporation) corporation,
He/She is personally known to me or
(type of identification) as identification.
day of
(name of officer or agent, title of officer or agent), of
(name of corporation acknowledging), a
on behalf of the
has produced
Notary Public - State of Florida
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM ~r-REGULAR MEETING OF MAY 7.20O2
LOCAL DOMESTIC PREPAREDNESS EOUIPMENT PROGRAM
AGREEMENT
DATE: MAY 3, 2002
This is before the Commission to consider approval of the agreement between the City of
Dekay Beach, City of Boca Raton, and Depa~u~ent of Community Affairs through Division
of Emergency Management Services. The Division of Emergency Management Services will
provide monitoring devices and other equipment worth approximately $165,000.
The City of Delray Beach and the City of Boca Raton will utili~.e the equipment to respond
to hazardous materials inddents and other acts potentially rehted to terrorist activities. Both
dries will share the responsibility of properly storing the equipment, providing staff training
with the equipment, and preparation of deployment. The dries are also jointly responsible
for the annual maintenance and testing of the equipment.
The City of Delray Beach's partidparion in this agreement will make ceftin that the South
County's response capabilities are supported by the best, effective, and effident technology
and equipment.
Recommend approval to accept the agreement with the Depaxtment of Community Affairs
through Division of Emergency Management Services.
S:\City Clerk\agenda memos\chevelle folder\Local Domestic Preparedness Equipment Progvan~Agnm05.07.02
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FIRE DEPARTMENT SERVING DELRAY BEACH
DELRAY BEACH
· GULFSTREAM
· HIGHLAND BEACH
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TO: David T. Harden, City Manager
1993
FROM:
Kerry B. Koen, Fire Chief
DATE:
SUBJECT:
April 16, 2002
Recommended Action - Local Domestic Preparedness Equipment Program
Agreement
The attached subgrant agreement is submitted with our recommendation for City
Commission approval to accept approximately $165,000 worth of monitoring devices and other
equipment used to respond to hazardous materials incidents and other acts potentially related to
terrorist activities. This equipment will be used to support the south county regional hazardous
materials response team consisting of Delray Beach and Boca Raton.
Our obligation is to properly house the equipment, train with it and prepare for
deployment, and provide annual maintenance and testing according to manufacture's
specifications. This responsibility will be jointly shared between the two participating agencies.
! would also like to commend Lt. Mark Reynolds and Lt. Wayne Yoder for their pursuit
of this grant and their persistence to make certain that our south county response capabilities are
supported by the best and latest technology and equipment.
The document has been reviewed by the City Attorney for legal sufficiency and it was
found to be acceptable. Your consideration of this matter will be appreciated.
Attachments: 2
CCi
Division Chief Accardi
Lt. Reynolds
Lt. Yoder
Ke~~B. oen
Fire Chief
FIRE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444
(561) 243-7400 · SUNCOM 928-7400 · FAX (561) 243-7461
Printed on Recycled Paper
D
JEB BUSH
Governor
STATE OF FLORIDA
EPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
STEVEN M. SEIBERT
Secretary
April 11, 2002
Mr. Mark Reynolds
Lieutenant
Delray Beach Fire Department
501 West Atlantic Avenue
Delray Beach, Florida 33444
RE: 02-NF-00-00-00-00-924
Delray Beach Fire Department
Dear Mr. Reynolds:
Enclosed are four originals of the above referenced agreement with the Division of
Emergency Management to be completed as follows and returned to me:
· All four originals signed by authorized person, original signature required on each
· Authorized person's name and title primed where indicated
· Date of signature
· Federal Identification Number and/or SAMAS number
· Copy of Certificate or Resolution indicating Signator has the Authority to enter into
Agreements
· If your organization is a Corporation, please enclose a copy of the Certificate of
Incorporation
If you have any questions, please contact Debbie Boyette at 850/413-9972 or e-mail
debbie .boyette~dca .state .fi.us.
Sincerely,
Sara Bourdeau, Planner II
Division of Emergency Management
Enclosure
2555 SHUMARD OAK BOULEVARD * TALLAHASSEE, FLORIDA 32399-2100
Phone: 850.488.8466/$uncom 278.8466 FAX: 850.921.0781/Suncom 291.0781
Internet address: http://www.dca.state.fJ.us
FLORIDA KEYS
Area of Critical State Concern Field Office
2796 Overseas Highway, Suite 212
Maralhon, Florida 33050-2227
Contract Number:
CFDA Number:
SUBGRANT AGREEMENT FOR
EQUIPMENT FOR FLORIDA STRATEGY
02-NF-00-00-00-00-924
16.007
THIS AGREEMENT is entered into by and between the State of Florida, Department of
Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the
"Department"), and Delray Beach Fire Department (hereinafter referred to as the "Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS:
A. WHEREAS, the State of Florida is vulnerable to a wide array of disasters, which includes
disasters caused by terrorist acts; and _
B. WHEREAS, the parties desire to improve the capability and the coordination of the State of
Florida and its local and regional agencies of government to respond to terrorist acts; and
C. WHEREAS, the Department has prepared and had approved by the U.S. Department of
Justice, the State and Local Domestic Preparedness Equipment Program Florida Strategy, dated
September 20, 2001 ('the Florida Strategy"), to allow the State of Florida to participate in the State and
Local Domestic Preparedness Equipment Program; and
D. WHEREAS, the DePartment has received these grant funds from the federal government
and has the authority under the Emergency Management Act, as amended, to subgrant these funds and
to otherwise provide assistance to improve the disaster response capabilities of local governments; and
E. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these
grant funds to provide the services identified herein; and
F. WHEREAS, the Department has authority pursuant to Florida law to disburse the funds under
this Agreement.
NOW, THEREFORE, the Department and the Recipient do mutually agree as follows:
(1) SCOPE OF WORK.
The Recipient shall fully perform the obligations in accordance with the Scope of Work,
Attachment B of this Agreement.
(2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES.
Both the Recipient and the Department shall be governed by applicable State and
Federal laws, rules and regulations, including but not limited to those identified in Attachment A.
(3) PERIOD OF AGREEMENT.
This Agreement shall begin upon execution by both parties and shall end March 31,
2007, unless terminated earlier in accordance with the provisions of paragraph (9) of this Agreement.
(4) MODIFICATION OF CONTRACT
Either party may request modification of the provisions of this Agreement. Changes,
which are mutually agreed upon, shall be valid only when reduced to writing, duly signed by each of the
parties hereto, and attached to the original of this Agreement.
(5) RECORDKEEPING
(a) As applicable, Recipient's performance under this Agreement shall be subject to the
federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" (53
Federal Register 8034) or OMB Circular No. A-110, "Grants and Agreements with Institutions of High
Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost
Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational
Institutions," or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement
is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be
subject to Federal Acquisition Regulations 31.2 and 931.2.
(b) The Recipient shall retain sufficient records demonstrating its compliance with the
terms of this Agreement for a period of five years from the date the audit report is issued, and shall allow
the Department or its designee, Comptroller, or Auditor General access to such records upon request.
The Recipient shall ensure that audit working papers are made available to the Department or its
designee, Comptroller, or Auditor General upon request for a period of five years from the date the audit
report is issued, unless extended in writing by the Department, with the following exceptions:
1. If any litigation, claim or audit is started before the expiration of the five year
period and extends beyond the five year period, the records will be maintained until all litigation, claims
2
or audit findings involving the records have been resolved.
2. Records for the disposition of non-expendable personal property valued at
$5,000 or more at the time of acquisition shall be retained for five years after final disposition.
3. Records relating to real property acquisition shall be retained for three years
after closing of title.
(c) All records, including supporting documentation of all program costs, shall be
sufficient to determine compliance with the requirements and objectives of the Scope of Work -
Attachment B - and all other applicable laws and regulations.
(d) The Recipient, its employees or agents, including all subcontractors or consultants
to be paid from funds provided under this Agreement, shall allow access to its records at reasonable
times to the Department, its employees, and agents. "Reasonable" shall be construed according to the
circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local
time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the
Department.
(e) Any additional terms and conditions pertaining to record, and all terms and
conditions pertaining to property management and procurement under this Agreement are set forth in
Attachments.
(6) LIABILITY.
(a) Unless Recipient is a State agency or subdivision, the Recipient shall be solely
responsible to parties with whom it shall deal in carrying out the terms of this agreement, and shall save
the Department harmless against all claims of whatever nature by third parties arising out of the
performance of work under this agreement. For purposes of this agreement, Recipient agrees that it is
not an employee or agent of the Department, but is an independent contractor.
(b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28,
Fla. Stat., agrees to be fully responsible to the extent provided by Section 768.28, Fla. Stat., for its
negligent acts or omissions or tortious acts which result in claims or suits against the Department, and
agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is
intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity
applies.. Nothing herein shall be construed as consent by a state agency or subdivision of the State of
Florida to be sued by third parties in any matter arising out of any contract.
(7) DEFAULT
(a) If the necessary funds are not available to fund this Agreement as a result of action
by Congress, the state Legislature, the Office of the Comptroller or the Office of Management and
Budgeting, all obligations on the part of the Department to make any further donations or payment of
funds hereunder shall, if the Department so elects, terminate and the Department may, at its option,
exercise any of its remedies set forth herein, but the Department may make any payments or parts of
payments after the happening of any Events of Default without thereby waiving the right to exercise such
remedies, and without becoming liable to make any further payment:
1. If any warranty or representation made by the Recipient in this Agreement or
any previous Agreement with the Department shall at any time be false or misleading in any respect, or if
the Recipient shall materially fail to keep, observe or perform any of the terms or covenants c°ntained in
this Agreement, and has not cured such in timely fashion, or is unable or unwilling to meet its obligations
thereunder;
2. If any reports required by this Agreement have not been submitted to the
Department or have been knowingly submitted with substantial information that is incorrect, incomplete
or insufficient information;
3. If the Recipient has failed, to a substantial degree, to perform and complete
in timely fashion any of the services required under the Scope of Work attached hereto as Attachment B.
(b) Upon the happening of an Event of Default, then the Department may, at its option,
terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice
of such termination. The notice shall be effective when placed in the United States mail, first class mail,
postage prepaid, by registered or certified mail-return receipt requested, to the address set forth in
paragraph (10) herein;
(c) The Department may terminate this Agreement for cause upon such written notice
4
as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds;
fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely
manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other
material subject to disclosure under Chapter 119, Fla. Stat., as amended.
(d) Suspension or termination constitutes final agency action under Chapter 120, Fla.
Stat., as amended. Notification of suspension or termination shall include notice of administrative
hearing rights and time frames.
(e) In addition to any other remedies, the Recipient shall return to the Department any
granted equipment or supplies which were used for ineligible purposes under the program laws, rules,
and regulations governing the use of the funds under the program.
(f) This Agreement may be terminated by the written mutual consent of the parties. In
addition, the Recipient has the option to unilaterally terminate this Agreement. 'Upon termination of the
Agreement, either by mutual consent or unilateral action of either party, all supplies and equipment shall
be returned to the Department by the Recipient.
(8) NOTICE AND CONTACT.
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by
hand delivery, or fir'st class, certified mail, return receipt requested, to the representative identified below
at the address set forth below and said notification attached to the original of this Agreement.
(b) The Department designates Debbie Boyette, Division of Emergency Management,
as the Department's Contract Manager. All communications, written or oral, relating to this Agreement
shall be directed to her at:
Department of Community Affairs
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Telephone: 8501413-9972
Fax: 850~488-5777
Email: debbie.boyette@dca.state.fl, us
The Project Officer for this Agreement is John Wassell. He can be contacted for technical assistance
relating to this Agreement at the above address, telephone 850/410-1599, or e-mail
john.wassell@dca.state.fl.us.
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
Mark Reynolds
Lieutenant
Delray Beach Fire Department
501 West Atlantic Avenue
Delray Beach, Florida 33444
Telephone: 561-243-7416
Fax: 561-243-7461
Email: reynoldm@ci.delray-beach.fl.us
(d) In the event that different representatives or addresses are designated by either
party after execution of this Agreement, notice of the name, title and address of the new representative
will be rendered as provided in (8)(a) above.
(9) OTHER PROVISIONS.
(a) The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Recipient in this Agreement, in
any subsequent submission or response to Department request, or in any submission or response to
fulfill the requirements of this Agreement, and such information, representations, and materials are
incorporated by reference. The lack of accuracy thereof, or any material changes shall, at the option of
the Department and with thirty (30) days written notice to the Recipient, cause the termination of this
Agreement and the release of the Department from all its obligations to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and venue
for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict
with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed
null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any
other provision of this Agreement.
(c) No waiver by the Department of any right or remedy granted hereunder or failure to
insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or
remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by
the Department for any further or subsequent default by the Recipient. Any power of approval or
disapproval granted to the Department under the' terms of this Agreement shall survive the terms and life
of this Agreement as a whole.
(d) The Agreement may be executed in any number of counterparts, any one of which
may be taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law
101-336, 42 U.S.C. Section 12101 et seq.), if applicable, which prohibits discrimination by public and
private entities on the basis of disability in the areas of employment, public accommodations,
transportation, State and local government services, and in telecommunications.
(f) A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime or on the discriminatory vendor list 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 a public entity, and may not transact business with any public entity in
excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor
or discriminatory vendor list.
(g) With respect to any Recipient which is not a local government or state agency, and
which receives funds under this Agreement from the federal government, by signing this Agreement, the
Recipient certifies, to the best of its knowledge and belief, that it and its principals:
1. are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
2. have not, within a three-year period preceding this proposal been convicted
of or had a civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction
or contract under public transaction; violation of federal or state antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or
7
receiving stolen property;
3. are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (federal, state or local) with commission of any offenseS enumerated in paragraph
9(g)2. of this certification; and
4. have not within a three-year period preceding this Agreement had one or
more public transactions (federal, state or local) terminated for cause or default.
Where the Recipient is unable to certify to any of the statements in this certification, such
Recipient shall attach an explanation to this Agreement.
(10) AUDIT REQUIREMENTS.
(a) The Recipient agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt and expenditure of
federal resources under this Agreement.
(b) These records shall be available at all reasonable .times for inspection, review, or
audit by state personnel and 'Other personnel duly authorized by the Department. "Reasonable" shall be
construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to
5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall also provide the Department with the records, reports or
financial statements upon request for the purposes of auditing and monitoring the federal resources
awarded under this Agreement.
(d) If the Recipient is a State or local government or a non-profit organization as defined
in OMB Circular A-133, as revised, and in the event that the Recipient expends $300,000 or more in
Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in
accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement
indicates Federal resources awarded through the Department by this Agreement. In determining the
Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards,
including Federal resources received from the Department. The determination of amounts of Federal
awards expended should be in accordance with the guidelines established by OMB Circular A-133, as
8'
revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of
OMB Circular A-133, as revised, will meet the requirements of this paragraph.
In connection with the audit requirements addressed in Paragraph 10(d) above, the Recipient
shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular
A-133, as revised.
If the Recipient expends less than $300,000 in Federal awards in its fiscal year, an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the
event that the Recipient expends less than $300,000 in Federal awards in its fiscal year and elects to
have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost
of the audit must be paid from non-Federal resources (i.e., the cost of such audit must be paid from
Recipient resources obtained from other than Federal entities).
(e) Copies of reporting packages for audits conducted in accordance with OMB Circular
A-133, as revised, and required by subparagraph (d) above shall be submitted, when required by
Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient directly to each of the
following:
The Department of Community Affairs at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
and
Department of Community Affairs
Division of Emergency Management
Attn: Debbie Boyette
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies
required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the
Federal Audit Clearinghouse), at the following address:
9
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB
Circular A-133, as revised.
(f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the Recipient shall
submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised,
and any management letter issued by the auditor, to the Department at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
and
Department of Community Affairs
Division of Emergency Management
Attn: Debbie Boyette
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(g) Any reports, management letter, or other information required to be submitted to the
Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-
133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-
profit organizations), Rules of the Auditor General, as applicable.
(h) Recipients, when submitting financial reporting packages to the Department for
audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or
10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that
the reporting package was delivered to the Recipient in correspondence accompanying the reporting
package.
(i) The Recipient shall retain sufficient records demonstrating its compliance with the
terms of this agreement for a period of five years from the date the audit report is issued, and shall allow
the Department, or its designee, the Comptroller, or Auditor General access to such records upon
l0
request. The Recipient shall ensure that audit working papers are made available to the Department, or
its designee, the Comptroller, or Auditor General upon request for a period of five years from the date
the audit report is issued, unless extended in writing by the Department.
(11) TERMS AND CONDITIONS.
The Agreement contains all the terms and conditions agreed upon by the parties.
(12) ATTACHMENTS_.
(a) All attachments to this Agreement are incorporated as set out fully herein.
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments hereto, the language of such attachments shall be controlling, but only
to the extent of such conflict or inconsistency.
(c) This Agreement has the following attachments:
Exhibit 1: Funding Sources
Attachment A: Program Rules and Regulations
Attachment B: Scope of Work and Equipment List
(13) FUNDING/CONSIDERATION
This is a goods, equipment and supplies grant Agreement. The Department will grant to
the Recipient certain equipment and supplies in order to fulfill the purposes of the Florida Strategy.
(14) STANDARD CONDITIONS.
The Recipient agrees to be bound by the following standard conditions:
(a) The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with Chapter 216, Fla. Stat., or the Florida Constitution.
(b) If otherwise allowed under this Agreement, the Agreement may be renewed on a
yearly basis for a period of up to two (2) years after the initial agreement or for a period no longer than
the term of the original agreement, whichever period is longer, specifying the terms under which the cost
may change as determined in the invitation to bid, request for proposals, or pertinent statutes or
regulations.
(c) All bills for fees or other compensation for services or expenses shall be submitted
in detail sufficient for a proper preaudit and postaudit thereof.
(d) If otherwise allowed under this Agreement, all bills for any travel expenses shall be
submitted in accordance with Section 112.061, Fla. Stat.
(e) The Department of Community Affairs reserves the right to unilaterally Cancel this
Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other
material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in
conjunction with this Agreement.
(f) If the Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be. returned to the Department or be applied against the
Department's obligation to pay the contract amount.
(g) The State of Florida will not intentionally award publicly-funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the
employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and
Nationality Act ("INA")]. The Department shall consider the employment by any contractor of
unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the
employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral
cancellation of this Agreement by the Department.
(15) LEGAL AUTHORIZATION.
The Recipient certifies with respect to this Agreement that it possesses the legal
authority to receive the funds to be provided under this Agreement and that, if applicable, its governing
body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement With all
covenants and assurances contained herein. The Recipient also certifies that the undersigned
possesses the authority to legally execute and bind Recipient to the terms of this Agreement.
(16) RECEIVING AND INSPECTION CONTACT.
The name of the person responsible to sign for and inspect all goods and equipment
provided under this agreement is Mark Reynolds at the shipping address:
501 West Atlantic Avenue
Delray Beach, Florida 33444
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their
undersigned officials as duly authorized.
Recipient
Delray Beach Fire Department
BY:
Name:
Title:
Date:
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
BY:
W. Craig Fugate, Director
Division of Emergency Management
Date:
FEID #
EXHIBIT- 1
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT
CONSIST OF THE FOLLOWING:
NOTE: If the resources awarded to the recipient represent more than one Federal program,
provide the same information shown below for each Federal program and show total Federal
resources awarded.
Federal Program: United States Department of Justice, Office of Justice Programs
CFDA: 16.007
Equipment Value: $171,625.75
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
NOTE: If the resources awarded to the recipient represent more than one Federal program, list
applicable compliance requirements for each Federal program in the same manner as shown
below.
Federal Program:
1. Department of Justice Domestic Preparedness Equipment Grant must be used to purchase
equipment for use in Domestic Preparedness off the Department of Justice Authorized
Equipment List.
2. Recipients of FY 1999 grant monies cannot be Nunn-Lugar-Domenici Participants.
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT MAY
CONSIST OF THE FOLLOWING:
1. Chemical, Biological and Radiological Detection Equipment, Personal Protective Equipment,
Decontamination Equipment, and Communications Equipment.
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
N/A
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT
TO THIS AGREEMENT ARE AS FOLLOWS:
N/A
NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida
Statutes, require that the information about Federal Programs and State Projects included in
Exhibit 1 be provided to the recipient.
]4
Attachment A
Program Statutes and Regulations
Chapter 252, Florida Statutes
28 C.F.R.
Attachment B
Scope of Work
If applicable to the Recipient, this agreement is entered into as an addendum to current
statewide mutual aid agreements and is for the purpose of receiving specialized equipment and
participation in the State of Florida Terrorism Response System.
The Recipient shall maintain, in a satisfactory operational condition, all goods and equipment
provided to it under this agreement (see Equipment List below) for the normal expected operating
lifetime or shelf life of said goods and equipment. This includes routine maintenance, repairs, calibration
etc. The Recipient is not responsible for replacing goods or equipment that has reached the end of its
normal life expectancy or exceeded its posted shelf life. The Recipient shall replace and potentially be
reimbursed through local, state, or federal reimbursement processes or agreements for, all goods and
supplies expended for emergency response, training, or exercises conducted in accordance with the
Florida Comprehensive Emergency Management Plan. The equipment, goods, and supplies ("the
eligible equipment") provided under this agreement are for the purposes specified in the State and Local
Domestic Preparedness Equipment Program Florida Strategy, hereinafter referred to as the ~FIorida
Terrorism Strategy" or the Florida Comprehensive Emergency Management Plan. The Recipient
specifically agrees to:
1. Upon notification by the Department, the Recipient will in accordance with the statewide
mutual aid agreement or other emergency response purpose as specified in the "Florida
Terrorism Strategy" respond to any and all incidents within its regional response area with all
available and eligible equipment and resources which it needs and is reasonably required
for the response, for so long as this agreement remains in effect. Prior to requesting a
response, the Department will take prudent and appropriate action to determine that the
level or intensity of the incident is such, that the specialized equipment and resources are
necessary to mitigate the outcome of the incident.
2. During the term of.this agreement, the Recipient shall participate in not less than three (3)
regional training events per year, and in not less than one (1) regional exercise or terrorist
event simulation per year as directed by the Department. To verify the participation in these
activities, the Recipient shall submit an annual report to the Department, which is due to be
received by the Department no later than January 31 for the previous calendar year.
3. The Recipient shall not transfer, rent, sell, lease, alienate, donate, mortgage, encumber or
otherwise dispose of the eligible equipment without the prior written .consent of the
Department.
The Recipients will be given preference with respect to access to additional funding that may allow for
equipment maintenance, replacement or repair, as well as training and exercises. At this time the
parameters to' any additional monies have not been defined.
Equipment List
WMD I DOJ Grant Purchasing Worksheet
State of Florida - Division of Emergency Management
Logistics Section - Resource Management Branch
DISCIPLINE: FIRE HAZMAT
Delray Beach Fire Department
LINE # Item Unit Value units Total Estimated
Requested Value
1 PAPR w/facepiece $ 1,044.70 8 $ 8,357.60
PAPR only $ 700.00
ScottAV 200 Facepiece $ 219.00 $ -
Survivair $ 205.00 $
MSA $ 236.00 $
Case NBC Filters $ 202.00 4 $ 808.00
2 Dupont Kappler $ 900.00 $ -
Trellborg $ 1,200.00 $ -
Marmac $ 600.00 $ -
3 Dupont Level B $ 63.55 $
Kappler CPF3/case 6 $ 330.00 $
Right Safety SP100 $ 220.00 $
4 Boot HazProof $ 74.40 $ -
Boot Bata $ 72.00 $ -
5 Nitrile/North 22 mil $ 2.25 $
Viton/North $ 39.00 $
6 Butyl $ 11.00 $
7 4H $ 3.70 $ -
8 PVC $ 2.70 $ -
9 Coolvests - Kappler $ 150.00 $ -
Isotherm $ 175.00 $
Cool zone $ 130.00 $
10 Cool Vest Gel Packs for Kappler $ 69.85 $
11 MSA\ SCBA with Spare Bottle $ 3,000.00 $ -
Scott $ 3,000.00 $ -
Survivair $ 3,000.00 $
Interspiro $ 3,000.00 $
Scot Bottles 4.5 $ 700.00 $
12 Travel IRANToughbook $ 45,500.00 1 $ 45,500.00
13 TVA1000B Standard probe $11,490.00 1 $ 11,490.00
14 Ludlum Radiation Detector $ 645.75 1 $ 645.75
15 Radiation Pager $ 300.00 8 $ 2,400.00
17
16 Hazcat $ 3,338.75 $
17 Hazmat CAD $ 4,850.00 1 $ 4,850.00
... 18 M8 Paper $ 300.00 I $ 300.00
19 M9 Tape $ 60.00 1 $ 60.00
20 M256A1 $ 205.00 1 $ 205.00
21 APD2000 $ 7,500.00 $ -
22 Digital Infrared camera/Ratheon 250D $10,000.00 1 $ 10,000.00
23 Colorimetric WMDDrager CDS kit $ 3,000.00 $ -
Tubes only for CDS kit $ 370.00 $
24 SapphRe XL and Kit and extras $ 23,290.00 1 $ 23,290.00
25 All Terrain Strechers $ 1,100.00 2 $,- 2,200.00
26 Mass Casualty Liters $ 255.80 12 $ 3,069.60
27 HazMat Sked $ 260.00 2 $ 520.00
28 Raven Strinray liters $ 56.00 12 $ 672.00
29 XXL Disposable Tyvek (blue) $ 2.00 250 $ 500.00
30 WD260H/15 gallon Large Vac $ 1,049.05 1 $ 1,049.05
31 Replacement HEPA Filters $ 147.50 I $ 147.50
32 3" Brush for HEPA $ 10.00 1 $ 10.00
33 3M HEPAMiniVac $ 628.75 1 $ 628.75
34 Replacement HEPA Filters Mini $ 147.50 1 $ 147.50
35 Patient Decon ID Packs $ 10.00 250 $ 2,500.00
36 30 gallon overpack $ 42.45 $
37 20 gallon overpack $ 39.55 $
38 Screw Top Overpack Drums $ 135.55 $
42 Portable diaphragm hand pumps $ 205.00 $
43 2.5 gallon spray tanks $ 20.00 t $ 20.00
44 Brushes and Handles $ 46.65 $ -
45 Chem Tape/case #2 $ 280.00 I $ 280.00
46 D-con system, roller systems and Pumps $15,000.00 1 $ 15,000.00
47 Digital Camera with Floppy $ 990.00 1 $ 990.00
48 Toughbook $ 4,600.00 1 $ 4,600.00
50 Weather Pack 400 $12,500.00 I $ 12,500.00
52 Printer $ 385.00 1 $ 385.00
53 Trailer/White $18,500.00 $ -
TrailedRed $18,500.00 I $ 18,500.00
4/11/2002 Total $ 171,625.75
EQUIPMENT LISTS ARE CURRENT AS OF 4/11/02. SOME CHANGES IN EQUIPMENT TYPE , QUANTITY AND
VALUE MAY OCCUR WITH .MUTUAL AGREEMENT BETWEEN THE STATE AND THE RECIPIENT TEAM. IT
IS ANTICIPATED THAT THE TOTAL VALUE INDICATED WILL BE SIGNIFICANTLY REDUCED BY
COMPETITIVE BID AND QUANTITY PROCUREMENT PRACTICES.
Date: 04/17/02
AGENDA ITEM NUMBER:
AGENDA REQUEST
Request to be placed on:
Consent Agenda X__ Regular Agenda
__ Workshop Agenda
Special Agenda
When: May 7, 2002
Description of agenda item (who, what, where, how much):
Recommend approval of the attached subgrant agreement with the Division of Emergency
Management to accept approximately $165,000 worth of monitoring devices and other
equipment used to respond to hazardous material incidents and other acts potentially related
to terrorist activities. Our obligation is to properly house the equipment, train with it and
prepare for deployment, and provide annual maintenance and testing according to
manufacture's specification. This responsibility will be jointly shared between the City of
Delray Beach and the City of Boca Raton.
Depatunent Head
Signature:
City Attorney Review/Recommendation (if applicable): Reviewed/Acceptable
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No Initials: ~A/ ~ ql~~)~'~
Account Number
Description
Account Balance:
Funding Alternatives:
(if applicable)
City Manager Review:
Approved for Agenda/ No Initials:
Hold Until:
Agenda Coordinator Review:
Received:
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM ~.~. - REGULAR MEETING OF MAY 7. 2002
RESOLUTION NO. 40-02 (REOUESTING FUNDS FROM TI--II~ PALM
BEACH COUNTY EMERGENCY MEDICAL SERVICES GRANT~
DATE: MAY 3, 2002
Each year the County Emergency Medical Services Grants Program makes funds available to
licensed E.M.S. Providers. To utilize these non-matching funds we must submit an application
requesting the purchase of equipment or services, which are not budgeted through the City and a
supporting resolution from the City Commission. The resolution is needed to demonstrate that the
Dekay Beach Fire and Emergency Medical Services Department, in fact, represents the F, mergency
Medical Services for the City and that the equipment or services purchased with these funds expands
and improves the level of care provided to our citizens.
For FY 2002-2003 we wish to purchase one (1) Electronic Capnography Device, one (1) 12-Lead
Monitor Defibrillator, and one (1) Automatic Transport Ventilator. Purchasing this equipment will
enhance and improve the City's emergency medical services operation and delivery.
Recommend approval of Resolution No. 40-02 requesting funds from the Palm Beach County
Emergency Medical Services Grants Program.
S:\City Cierk\ehevelle folder\agenda n-.emo~\Res.40-0ZEMSGt'ants.05-07-02
RESOLUTION NO. 40-02
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DFJ.RAY BEACH, FLORIDA, REQUESTING FUNDS
FROM THE PALM BEACH COUNTY EMERGENCY
MEDICAL SERVICES GRANT AWARD PROGRAM FOR FY
2002/2003.
WHERF_AS, the Delray Beach Fire and Emergency Medical Services Depaximent
represents the emergency medical services interests of the City of Delray Beach; and
WHEREAS, the Delray Beach Fire Department is requesting funding for FY
2002/2003 through the Palm Beach County Emergency Medical Services Grant Award program
for the purchase of one (1) Electronic Capnography Device, one (1) 12-lead Monitor Defibrillator,
and (1) Automatic Transport Ventilator; and
WHEREAS, the City of Delray Beach Fire Depa~c~ent is eligible to receive funds
collected by the Office of Emergency Medical Sereices pursuant to Chapter 401.113, Florida
Statutes; and
WHEREAS, the equipment to be purchased with these funds will enhance the
City's overall emergency medical services operation and improve the delivery and level of
emergency medical care provided to the dtizens of and visitors to the City of Delray Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DEIJ~Y BEACH, FLORIDA, AS FOLLOWS:
F~W~iftlt.~ That the Mayor of the City of Delray Beach is hereby authorized to
execute all documents, which are necessary to complete the request for, funds from the Palm
Beach County Emergency Medical Services Grant Award program.
PASSED AND ADOPTED in reg,,l~r session on this the 7~ day of May, 2002.
MAYOR
ATTEST:
City Clerk
CITYOELI:IE V BERTH
FIRE DEPARTMENT
SERVING DELRAY BEACH
DELRAY BEACH
F t 0 R I D ·
MEMORANDUM
GULFSTREAM
HIGHLAND BEACH
TO: Barbara Gadto, City Clerk ~p~
THRU: Kerry B. Koen, Fire Chief
FROM: Robert B. Moreland, Division Chief- EMS
DATE: April 23, 2002
SUBJECT: Information Requested for Inclusion in Resolution
As per our request of last year, the Fire Department is again in nccd of a
Resolution relative to the Palm Beach County EMS Grant funding.
I have attached a copy of last years request to serve as a guide.
Delray Beach is making application for the following items under this grant
program. This equipment will be used to upgrade the New SERV unit to
Advanced Life Support (ALS) capability.
One (1) Electronic Capnogmphy Unit
One (1) 124ead monitor defibrillator
One (1) Automatic Transport Venlilator
Your attention and help with this request is appreciated. Please return your
adopted resolution to Robert B. Moreland, Division Chief, 501 West Atlantic
Avenue, Delray Beach, Florida 33444.
FIRE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE ° DELRAY BEACH, FLORIDA 33444
(561) 243-7400 ° SUNCOM 928-7400 · FAX (561) 243-7461
Printed on Recycled Paper
~ote:
1.
DEPARTMENT OF PUBLIC SAFETY
DIVISION OF EMERGENCY MANAGEMENT
OFFICE OF EMERGENCY MEDICAL SERVICES
PALM BEACH COUNTY EMS GRANT AWARD APPLICATION
PRIMARY GRANT REQUEST
The total for all your primary requests must not be more than $50,000.
Organization: City_ of Delray Beach Fire-Rescue Department
Authorized Official: Kerry B. Koen Title: Fire Chief
Alternate Official: Title:
Mailing Address: 501 West Atlantic Avenue, Delra¥ Beach, FL 33444
Telephone: (561) 243-7410 Fax: (561) 243-7461
e
Authorized Contact Person: Robert Moreland, III
Title: Division Chief, EMS
Mailing Address: 501 West Atlantic Avenue, Delray Beach, FL 33444
Telephone: (561) 243-7440 Fax: (561), 243-7461
Agency's Legal Status: City_ / Munic~alitv
First Responders: Please attach a copy of your Memorandum of Understanding 0VIOU')
with a licensed provider. If you do not have a MOU, attach documentation that you made
reasonable efforts to get one, that you cooperate with the provider, or that you requested
but did not receive a response from the providers in your area.
Your Federal Tax ID Number: VF 59-6000308
Identify the EMS county plan goals this project will accomplish in whole or in part. A
copy of the goals is attached to this applicatio~ 1. Medical Rescue Equipment. C.
Expand ALS capability to first response vehicle.
Communications Projects: All grant applications which involve communications
equipment and/or services, in total or in part, will be reviewed by the State of Florida
Division of Information Technology. FINAL APPROVAL MUST BE OBTAINED
· PRIOR TO ANY PURCHASE COMMITMENT. Copy of approval from the State
must be submitted to the County EMS Office with request for reimbursement. N/A
Background: Describe your agency, its operations, and how it relates to other EMS
agencies in your area. Also, provide a description of your major resources including the
number of employees, vehicles, and equipment.
The Delray Beach Fire Department responds to ail calls for assistance within the City_ of
Delray Beach and contracted areas of the Town of Gulf Stream and Town of Highland
Beach. These include fire suppression, special operations, fire prevention and safety,
CPR/AED training tO public, injury_ prevention, disaster response and emergency
medical services including ALS and BLS tran._~portation.
We began our EMS service in the 1950's providing basic first aid, evolving into the
paramedic level of service in 1979. Currently, we provide first response medical
assessment and treatment at the advanced life support level and transportation to local
hospitals and tmmm centers.
Our annual budget is $13.3 million.
We have 139 full time employees, with 5 more being added to the roster in June, 2002.
We operate six (6) paramedic rescue vehicles with (2) in reserve for back-up and
maintenance with cellular phone/fax capabilities. Our remaining fleet consists of six (6)
Engines, three (3) Aerial Trucks, one (1) Brash Truck, one (1) Special Operations Tm(k,
one (1) Tanker, two (2) Command vehicles, two (2) Special Events Response Vehicles
(SERV), one (1) Public Education unit, twelve (12) staff cars for a total of thirty, seven
· (37) units. Other resources are provided under an existing countywide mutual aid
itgreement.
Grant History: Briefly describe your current and previous grant awards for the past three
years. Explain how this application does not conflict or duplicate then~
In the past three years, the Delray Beach Fire Department has received grant awards that
would enhance our medical equipment and response. We have added cardiac--
monitor/defibrillatOrs, I.V. Pumps, Capnography units, AED's and a Special Events
Response Vehicle (SERVe_ to our service.
If necessary, you may attach additional pages to complete sections 8 and 9.
2
10.
11.
Project Need Statement:
The Dekay Beach Fire Rescue Department's service area is 18.1 square miles, including
Delray Beack, and the Towns of Gul£~tream and Highland Beach. According to the 2000
Census Report, the population for our primary_ service area is 64,511, with 36 % of the
population over the age of 55. Data analysis of Dekay Beach Fire Rescue Department
Medical Records for Calendar year 2001 indicates there were 9,036 medical responses.
Of these responses 1,686 or 18.7 %, required 12 lead monitoring and or electrical
intervention for serious arrhythmlas.
Over the past several years, the City_ 0fDetray Beach hat been h~sting an ever increasing
,number of Special Events. Several of these events are held in an urban~ congested area
where several roads are closed to vehicular trat~ic with thoo~_rlds of pedestrians filling
the streets and sidewalks. In 2001 Delray Beach Fire Rescue provided EMS site
coverage for over 20 events with the three largest being; The Delray Affa~, The Chris
Evert Tennis Tournament and the Citrix Tennis Tournament. These three events brought
an estimated one million visitors to the City of Delray Beach. (Attendance data provided
by the Chamber of Commerce and the City's Parks and Recreation Department). Thc
additional seventeen events brought nearly one and one half million visitors to the City_.
Currently, we are using two Special Events Response Vehicles (SERV) to provide rapid
access frrst response at these events. These SERV units were acquired thro~hh the Palm
Beach County EMS grant program and one of them is ALS equipped.
Delray Beach Fire Rescue is requesting funding to upgrade the new SERV unit to ALS
capability. We will use these funds for an equipment package to include one Zoll M
Series 12 lead ECG Monitor / Defibrillator with pacing capabilities, SA02 monitorlno
and Non-invasive Blood Pressure monitorln~ capabilities, One AutoVent 3000 2.~)
Automatic Transport Ventilator, and one NovaMetrix Tidal Wave 610B stand alone
Electronic Capnography unit. The City of Delray Beach Fire Rescue Department is
committed to purchasing all other equipment needed for the upgrade.
Project Outcome Statement:
With the upgrade of the SERV unit to ALS capabil'_rty, we will be able to complete our
goal to provide ALS First Response to all areas impacted by these Special Events which
are increasing in number and volume, of visit, ors each year. With thi.q upgrade we will
strategically place units in the Eastern area near the ICW; in the Central area east of the
~'15C railroad tracks; and in the Western area near Old School Square. Thi.q will allow u~
tO provide extensive ECG dimznostic, monitoring' and Electrical intervention capabilities
to patients suffering a Cardiac Crisis 100% of the time. With the attendance at these
~vents collectively approaching 2.5 million visitors per year, and the several downtown
.0xea streets closed to vehicular traffic, the need is clearly identified for the upgrade of the
SERV unit to ALS capability. The SERV units have been shown to be an effective
means of delivering, timely medical care at these events.
The Ouality Management Team and Medical Director,' through run times and medical
record review, will monitor the program to ensure rapid assessment and appropriate
~terventions are being accomplished.
Ifnecessm3r, you may attach additional pages to complete sections 10 & 11.
3
12.
Major Activities and Time Frames:
If grant is awarded, you must follow your schedule. If; for some reason, the schedule
cannot be followed, please advise the EMS Office of the activity change.
Please indicate time frhme as 1 ~t quarter, 2"a quarter, 3rd quarter, 4th quarter and fill in the
year.
First Quarter =
Second Quarter =
Third Quarter =
Fourth Quarter =
October 1 through December 31
'January 1 through March 31
April 1 through June 30
July 1 through September 30
Activity
Receive Grant Award Notification
Bid Process
Bid Award and order equipment
Receive equipment
Place into service
*Note: It may be possible to receive the equipment
(30-60 days) and place into service during the second
quarter depending on date of Grant notification.
Time Frames
1~ quarter
qnarter
quarter
quarter
quarter
4
13.
Budget:
The applicant must submit a written price quote for each line item. For equipment
include, the cost per item, quantity, and cite vendor information. Fore each type of
position, include the pay per hour, number of hours, and cost of each benefit. For
expenses, include unit costs (if rental, give the cost per square foot).
Items/Quantities and Positions/FTEs
Cost.__.__Per Unit Total
Z011 M Series Defibrillator/Monitor
With 12 lead capibility, SaO2 monitor
And Non invasive Blood pressure monitoring
And Xtreme Pack II carry case
Purchase through Z011 Medical Corp.
$19,354.85 $ 19,354.85
NovaMetrix Tidal Wave 610B
Capnography/Oximeter
Direct from NovaMetrix Corp.
$ 1,500.00 $ 1,500.00
AutoVent 3000 2.0 Automatic Transport
Ventilator
$ 2,000.00 $ 2,000.00
Approximate cost depending
on vendor.
PRIMARY EMS GRANT AWARD APPLICATION
~RGANI ZATION:
14.
15.
Medical D~rectors Approvals: These are required for al_ 1 projects
which in%olve professional-education, medical equipment, or both.
(1) Professional Educationk All continuing education described in
~his application will be developed and conducted with my input
Medical Director: _ , ~ign~t~re /~
Printed Name: ~/_~ O, tX/o~,~.
(2) Medical Equipment~ I hereby affirm my
responsibility for the use of all medical
project.
Medical Director: _
Signature
authority and
equipment in this
printed Name: _
Resolution: Attach a resolution from the Governing Board(s),i.e. City
Commission, Town Council, Board'of Directors, etc. certifying that
monies from the EMS County Grant Award will:
(1) Improve and expand prehospital services in that coverage area.
(2) Will not be used to supplant existing providers budget
allocation.
(3) Meets the goals and objectives of the EMS County Grant Plan.
Certification:
I, the u~dersigned official of the previously named entity, certify
that to the best of my knowledge and belief, all information contained
in this application and its attachments are true and correct.
I understand my signature acknowledges that I will comply fully with
the State Bureau of Emergency Medical Services and Palm Beach
Countys Rules and Regulations governing the administration of .the
State of Florida Emergency Medical Services Grant Program for
Counties. ~ ~1[]~__-
Authorized Official: - Date
Printed Name
Title
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM ~ - RE(3ULAR MEETING OF MAY 7, 2002
CQNTRA(~r ADDITION {C.O. #1)/RPM GENERAL CONTRACTORS.
INC.
DATE: MAY 3, 2002
This is before the City Commission to approve a contract addition (C.O. #1) to the ESD/Police
Depaxi~nent Interior Modifications project in the mount of $32,060.00 to RPM General Contractors,
Inc.. The contract addition is for the restoration of the cupolas at Fire Headquarters. This will consist
of removing and replacing the stucco, exterior sheathing, flashing, and replacing damaged areas of
roof decking.
Funding is available from 334-6112-519-46.10 (Repair and Maintenance/Building Maintenance).
Recommend approval of the contract addition (C.O. #1) with RPM General Contractors, Inc. for the
restoration of the cupolas at Fire Headquarters.
S:\City Clerk\chevelle folder\agenda memos\Contract Addition. RPM General Contractot~, Inc.05.07.02
City Of Delray BeaCsh
Department of Environmental Service
M E M 0 R A N D
U
M
www. delrayesd, corn
TO:
FROM:
SUBJECT:
DATE:
DAVID HARDEN
City Manager
VICTOR MAJTENYI,~~
Assistant Construction Manager
ESD AND POLICE DEPT. INTERIOR MODS {PN 2001-011)
Contract Addition for Restoration of Fire Headquarters Cupolas
APRIL 25, 2002
Attached for City Commission approval is an agenda request to approve a Contract Addition
(C.O. #1) to RPM General Contractors, Inc. in the amount of $32,060.00 to the ESD/Police
Department Interior Modifications project. This Contract Addition is for the restoration of the
cupolas at Fire Headquarters. The work generally consists of removing and replacing the stucco,
exterior sheathing, flashing, and replacing damaged areas of roof decking.
To expedite the work due to the approaching hurricane season, proposals were solicited from three
contractors with whom the City has open contracts. Only two submitted proposals with RPM
General Contractors, Inc. being the lowest bid. A tabulation of the proposals is attached for your
review. Prices are commensurate with the work to be performed. RPM General Contractors, Inc.
is anticipating completing the work in 30 days.
Funding source is 334-6112-519-46.10, Repair and Maintenance/Building Maintenance.
Richard C. Hasko, P.E.; Director of Environmental Services
Rafael Ballestero; Deputy Director of Construction
Brad Fitzer; Chief, Fire Department
City Clerk
Agenda File
S: ~EngAdminlProjects~2001 ~2001-0461CONSTRCT~co l (ca) mem-05. 07. 02. doc
Fire Headquarters Cupolas
Bid Tab
RcsWmtion of main cupola (center),
complete per plans and specifications.
Restoration of east cupola,
complete per plans and specifications.
Restoration of west cupola,
complete per plans and specifications.
Contingency Allowance
EA
EA
EA
LS
TOTAL BASE BID -
BID ITEMS 1 throu~ih 4 tin numbers~
5A* Spanish Roof Tile
5B* Roof Undeflayment
5C* Plywood sheathing
SD* Copper drip edge
SE* Flashing & counter flashing
5F* Stucco ~nd Lath
5G* Painting (base & finish)
5H* 2 x 4 tress repair (#1 southern yellow pine
st~ycmral grade)
51' 2 x 4 structural wood studs
5J* 2 x 8 structural wood studs
Number of Days to Complete Work
:
SF
SF
SF
LF
LF
SY
SF
LF
LF
LF
GTE Builders
$17,900.00
$8,g00.00
$8,900.00
$7,500.00
$43,200.00
$4.00
$8.00
$160.00
$10.00
$20.00
$60.00
$1.50
$40.00
$30.00
$40.00
45 Days
RPMGeneral Contra~ors
$11,780.00
$6,390.00
$6,390.00
$7,500.00
$32,060.00
$15.00
$3.00
$3.0O
$18.00
$25.00
$39.00
$1.55
$5.00
$5.00
$11.00
30 Days
Republic Construction
No Bid
City of Delmy Beach
Fire Headquarters Cupolas
P/N 2001-046
Page Plo fl
CITY OF DELRAY BEACH
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE NO. 1 (Contract Addition) PROJECT NO. 2001-011
PROJECT TITLE: ESD and Police Department Interior Modifications
TO CONTRACTOR: RPM General Contractors, Inc.
DATE:
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR
THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND
COVENANTS.
JUSTIFICATION:
Restoration of Fire Headquarters rooftop cupolas: remove and replace exterior stucco, sheathing, flashing, and repair
damaged roof decking per the attached proposal.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER
PER CENT INCREASE THIS CHANGE ORDER 58.5%
TOTAL PER CENT INCREASE TO DATE 58.5.%
$ 54,841.00
$ o.oo
54,841.00
32,060.00
86,901.00
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that
the prices quoted are fair and reasonable and in proper ratio to the cost of the original work
contracted for under benefit of competitive bidding.
RPM General Contractors, Inc.
(Contractor to sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Funding Source is 334-6112-519-46.10 (Repair & Maintenance/Building Maintenace)
DELRAY BEACH, FLORIDA by its City Commission
RECOMMEND:
for Enviromental Services
By:
Mayor
APPROVED:
ATTEST:
By:
City Attomey City Clerk
GENERAL CONTRACTOR
CGC037314
600 N.E. 28th COURT, SUITE 200
POMPANO BEACH, FL 33064
(954) 785-8900
FAX (954) 785-4070
Proposal For:
Fire Headquarters Cupolas
#2002-020
Attn' Victor Majtenyi
City of Delray Beach
434 S Swinton Avenue
Delray Beach, FL 33444
2002
Commercial and Medical · Construction Management · Planning and Design
Agenda Item No. ~
AGENDA REQUEST
Date: April 25, 2002
Request to be placed on:
--X--Regular Agenda
Special Agenda
Workshop Agenda
When: May 7, 2002
Description of item (who, what, where, how much):
Attached is an Agenda Request for City Commission to approve a Change Order #1 (Contract Addition)
to RPM General Contractors, Inc. in the amount of $32,060.00 to the ESD and Police Department
Interior Modifications project, (PN 200t-011). This Contract Addition is for the restoration of the cupolas
at Fire Headquarters. The work generally consists of removing and replacing the stucco, exterior
sheathing, flashing, and replacing damaged areas of roof decking.
Prices are commensurate with the work to be performed. Funding source is 334-6112-519-46.10 (Repair
& Maintenance/Building Maintenance).
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff recommends award of Change Order #1 (Contract Addition) to Murray Logan
Construction Co., Inc. ~
Department head signature: _
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable):
Budget Director Review (re~d on all items involving expenditure of funds):
Funding available: E.~_..~S.S O __
Funding alternatives 0f appli~"~le): see above
Account No. & Description $ ~ ,'¢- (-,'/I :z_ .-~5-/~/-'Cz/-,'./o ~7 }r/ ~l , /t,'/,~, _,'?~.
Account Balance ~/,, .~'Z'-? &;~ ,./. ~ .~ ~,/~.~,/o z_ ~£~'"
City Manager Review:
Approved for agenda: YES~ ¢Y'~
Hold Until: (/~ ' ~
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
s:\..3J31-O46~agreq 05.07.02
TO:
THRU:
FROM:
SUBJECT:
D~.~ ~.N, CITY MANAGER
P~(UL D~LIN/G,,,/DIRECTOR OF PLANNING & ZONING
S/?~~TT ARO~N~ON--~ARKING MANAGEMENT SPECIALIST
MEETING OF MAY 7, 2002 - CONSENT AGENDA
REVIEW OF PROPOSED AMENDMENT TO PARKING LICENSE
AGREEMENTS WITH REGARDS TO ENFORCEMENT PROVISIONS
AND NON-RESTRICTED USE OF QUEUING AREAS BY LICENSEES
AND APPROVING AMENDED FORM AS THE STANDARD PARKING
LICENSE AGREEMENT
In an effort to more effectively monitor compliance with the Parking License
Agreements by the various valet companies, and to assure the availability of valet
service to all desiring to use those services, the following amendments are proposed
to Section 2 of the Parking License Agreement.
,,~/~m~+ P~r~in~ m; ..... ~ .......+,, ,,,;+h +h~ C!~ T~ ~i+,, D~;~ n~~+ ;o
~ , ~, .~., ,..~. ~ . . ~,v ~,~.,~,~,,~ v, ~,..~ ~,~,,.~,,~ .~.~.,,~
~"~"" ....... ~+~ ~' ~""~;~" ~ ....... ~ "'~; ...... The LICENSEE and or the Vale~
shall not res~dct the use of ~he Vale~ ~ueues to only persons usinq the LICENSEE'~
business, bu~ ~he vale~ queue shall be open ~o anyone wantinq to use ~he valet
se~ice offered by LICENSEE. The City ManaRer or his desiqnee(s), shall enforce the
provisions of this aqreement, includinR the location, time, days of the vale~ se~ice,
parkin~ limitations and requirements, and compliance with all applicable laws and
ordinances. When required by law, ~he enforcement sh~ll ~e accomplished ~hrou~h
personnel authorized by law ~o enforce ~he law.
Pursuant to Section 7 of the agreement this amendment was suggested by the City
Manager and drafted by the City Attorney's office.
Attached for your review is
aforementioned amendments,
Agreement.
the Parking License Agreement, incorporating the
to be adopted as the standard Parking License
By motion, approve the amendments to Section 2 and adopt the attached form as the
standard Parking License Agreement.
Attachment:
[] Amended Parking License Agreement
PARKING LICENSE AGREEMENT
THIS AGREEMENT ("The Agreement") is made this __ day of ,2002, by
and between the CITY OF DELRAY BEACH, a Florida Municipal Corporation (the "CITY"),
and , a Florida corporation ("LICENSEE").
WITNESSETH:
WHEREAS, LICENSEE has requested permission to use a certain number of public
parking spaces along Atlantic Avenue and certain side streets for valet parking queues; and
WHEREAS, in order to use the parking spaces, the CITY requires that LICENSEE
enter into this non-exclusive License Agreement.
NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00), 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. Incorporation of Recitals. The parties hereby represent and warrant that the
above recitals are accurate and correct and hereby incorporate them in this Agreement.
2. Park,ne Queues. The CITY agrees to allow LICENSEE the non-exclusive use
of~ (number) parking spaces located for
valet parking queues. The parking spaces are to be used for valet parking queues daily between
the hours of~ p.m. to a.m. on (days per week).
LICENSEE acknowledges that the valet parking queues may be unavailable for use during
certain special events from time to time (as determined in the CITY's sole discretion) and during
the special events, the license will not be valid. It is also understood by the terms of this
Agreement that the valet queue location may from time to time be re-located by the CITY in its
sole discretion after providing thirty (30) days' written notice to LICENSEE.
::a-.i:~:::. The LICENSEE and or the Valet shall not restrict the use of the Valet Queues to
only persons using the LICENSEE'S business, but the valet queue shall be open to anyone
wanting to use the valet service offered by LICENSEE. The City Manager or his designee(s),
shall enforce the provisions of this agreement, including the location, time, days of the valet
service, parking limitations and requirements, and compliance with all applicable laws and
ordinances. When required by law, the enforcement shall be accomplished through personnel
authorized by law to enforce the law.
3. Parkin~ Locations/Agreements. LICENSEE agrees that LICENSEE and/or_its
employees will not park any cars in CITY owned on-street or off-street parking spaces.
LICENSEE further agrees that LICENSEE will provide the CITY with current written
assurances and/or a lease agreement for use of a private parking lot(s). The private lot(s) must
also comply with minimum City codes for a parking lot(s). LICENSEE shall also provide the
CITY with a copy of its current valet agreements, and a copy of its current insurance certificate
as set forth in Exhibit A. LICENSEE will ensure that the valet service is operated in a manner
that will not result in cars stacking on and/or blocking the travel ways of any alleyway, public
street or parking lot. These assurances and agreements must be provided upon execution of this
License Agreement., when there is a change in any agreement referred to herein or upon the
request of the CITY. Failure to comply with these conditions will be a basis for termination of
this License Agreement.
4. Payment for Parking Queue SI}aces. LICENSEE agrees to pay the CITY fifty
dollars ($50.00) per month, per parking queue space utilized by the 10th of each month. A late
fee of 5% will be charged after this date. If more than one License Agreement is issued for the
queues, the fee will be shared proportionately.
5. ~. The CITY agrees to post the valet parking queue spaces with valet
parking times and days authorized. Sandwich board signs may not be used to advertise the valet
service. Advertising signs will be allowed as prescribed by the City's Manager or his designee.
6. Valet Servicel Valet Equipment. The LICENSEE'S operator may for the
storage of keys install a moveable, temporary, valet desk on the sidewalk, either public or private,
during the hours of valet service so long as the desk does not impede the pedestrian flow.
7. Term and Renewal. The term of this Agreement shall be for one year from the
date written above. The License may be renewed by the City Manager following receipt of a
written notice fi.om LICENSEE that LICENSEE desires to continue using the parking spaces
2
for valet parking queue, if the City Manager determines in his sole discretion that the renewal is
in the best interests of the CITY. The City Manager may add additional provisions to this
agreement upon renewal, including but not limited to, the requirement to use an off-duty police
officer during the time and dates the City Manager deems advisable.
8. Revocable License. This Agreement is only a non-exclusive License Agreement
and may be revoked by the CITY at anytime with or without cause during the initial term or any
renewals thereof upon providing written notice via U.S. Mail to LICENSEE. The revocation
shall be effective when mailed.
9. Compliance with Laws. LICENSEE agrees to comply and adhere to all state
laws and local ordinances regarding parking that exist or as amended from time to time.
LICENSEE further acknowledges that due to the high traffic in this area, double parking
unattended vehicles will not be permitted.
10. Notice. Notices required to be provided pursuant to this Agreement shall be sent
to the following addresses:
To CITY:
To LICENSEE:
David T. Harden, City Manager
100 N.W. 1st Avenue
Delray Beach, Florida 33444
11. Insurance. LICENSEE agrees to provide the CITY insurance for the valet
service in the amounts and under the conditions prescribed in Exhibit A which shall at all times
remain current. The City of Delray Beach shall be named an additional insured.
12. Indemnification. In consideration of the payment of Ten Dollars ($10.00),
receipt of which is hereby acknowledged, LICENSEE shall protect, defend, indemnify and hold
harmless the CITY from and against any and all claims, suits, actions, damages and/or causes of
action arising during the Term of this Lease for any personal injury, loss of life and/or damage to
property sustained in or about the parking spaces/queues by reason or as a result of the use and
occupancy of the parking spaces/queues by LICENSEE, its agents, employees, licensees,
invitees, and members of the public generally, and from and against any orders, judgments,
and/or decrees which may be entered thereon, and from and against all costs, attorney fees,
expenses and liabilities incurred in and about the defense of any such claim. In the event the
CITY shall be made a party to any litigation commenced against LICENSEE or by LICENSEE
against any third party, then the LICENSEE shall protect, defend, indemnify and hold the CITY
harmless and pay all costs and attorney's fees incurred by the CITY in connection with such
litigation, and any appeals thereof.
13. Third Parties. Nothing in this Agreement, whether express or implied, is
intended to confer any rights or remedies under or by reason of this Agreement upon any person
other than the parties hereto and their respective heirs, successors, legal representatives, and
permitted assigns, nor is anything in this Agreement intended to relieve or discharge the
obligation or liability of any third persons to any party to this Agreement, nor shall any provision
thereof give any third person any right of subrogation or action over or against any party to this
Agreement.
14. Penalties for Violations/Termination. Penalties will be imposed upon the
LICENSEE for:
(1)
(2)
Valet parking of cars in either on-street or off-street public parking spaces; and/or
Valet parking of cars in the designated parking queues; and/or
(3) Expanding the desigaated parking queues area.
The penalty schedule for the above violations is as follows:
1st violation - warning
2nd violation - $200
3rd violation - $500
4th violation Termination of License Agreement
Notices of violation will be written by a Police Department representative and will be
sent to the LICENSEE with a copy to the City Manager. Failure to make payment within thirty
(30) days of receipt of the notice will result in termination of the agreement.
LICENSEE acknowledges, however, notwithstanding the foregoing that the CITY may
terminate this non-exclusive License Agreement without cause or for cause. LICENSEE will at
4
all times comply with the City's policy/procedure for use of public parking spaces/queues which
shall change from time to time subject to the sole discretion of the City.
15. Taxes. LICENSEE shall pay and comply with all laws regarding taxes, levies,
assessments, fees and charges, including, but not limited to gross receipts, taxes, use taxes,
property taxes, and sales taxes that may be imposed.
16. Assignment. This Agreement shall not be transferred or assigned without the
express written consent of the CITY, which the CITY may withhold grants in its sole discretion.
17. Further Assurances. The parties shall from time to time execute and deliver such
other and further instruments and documents and do all matters and things which may be
convenient or necessary to more effectively and completely carry out the intent of this
Agreement.
18. Binding, Effect. All of the terms and provisions of this Agreement shall be
binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their
respective heirs, successors, legal representatives, and permitted assigns.
19. Entire Agreement. 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.
20. Amendments. This Agreement may not be amended, modified, altered, or
charged in any respect, except by a further agreement in writing duly executed by each of the
parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed on their behalf this __ day of ,2001.
ATTEST:
City Clerk
THE CITY OF DELRAY BEACH,
a Florida Municipal Corporation
By:
David W. Schmidt, Mayor
Approved as to form:
City Attorney
(CORPORATE SEAL)
By:
Name Printed:
Title:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
., 2001, by , as
(name of officer or agent, title of officer or agent), of
(name of corporation acknowledging), a (state or place of
incorporation) corporation, on behalf of the corporation. He/She is personally known to me or
has produced (type of identification) as identification.
Signature of Notary Public - State of
Florida
6
EXHIBIT A
INSURANCE REQUIREMENTS FORM
Workers' Compensation per the Statutory limits of the State of Florida to include
Employer's Liability Insurance with limits of at least $100,000/$500,000/$100,000.
Garage Liability Insurance of at least $1,000,000 combined single limits per occurrence
to protect the City against all risks of injury to persons (including death) or damage to
property wherever located resulting fi.om any action or operation under the contract or in
connection with the work. This policy is to provide coverage for premises/operations
including auto liability, independent contractors, broad form contractual liability,
products/completed operations.
Garage Keepers Insurance with limits of no less than $60,000 per auto, with an annual
aggregate of $500,000.
Automobile Liability of at least $300,000 combined single limits per occurrence for
owned/non-owned/hired automobiles connected with the business.
The City of Delray Beach and PRIVATE LOT OWNERS must be named as additional
insured on the liability policies; and it must be stated on the certificate.
6. Thirty (30) days written cancellation notice required.
7. Best's guide rating B+, VIII or better, latest edition.
7
[ITY OF DELRFlY BEI:ICH
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
1993
DATE:
TO:
FROM:
MEMORANDUM
April 15, 2002
City Commission ~
Brian Shutt, Assistant City Attorney
SUBJECT: Acceptance of Easement Deed from H & S Development
The following easement deed grants to the City the means to maintain a sanitary sewer
main constructed by the developer. The proposed project is located on the south side of
S.W. l0th Street and just east of 1-95 (see attached map). The project consists of the
construction of a warehouse building.
By copy of this memo to David Harden, our office requests that this item be placed on the
May 7, 2002 City Commission agenda for acceptance.
Please call if you have any questions.
Attachment
CC:
David Harden, City Manager
Barbara Garito, City Clerk
Barron Caronite, Asst. City Engineer
City Of Delray Beach
Department of Environmental Services
T R A N S M I T T A L
TO:
FROM:
DATE:
SUBJECT:
Brian Shutt, Assistant City Attorney
Barron E. Caronite, PE, Assistant City Enginee~
April 9, 2002
Tenth Street Commerce Park
Please find attached an original executed easement deed and subordination of
encumbrance. The attached deed provides a 12 foot wide easement over a sanitary
sewer main at the subject project. I have also attached a location map for your use.
Please review the attached documents. If acceptable, have the attached documents
recorded.
s:~engadmin~tac~tenth street commerce park~ Transmittal of easement
RECEIVED
CITY ATTORNEY
Prepared by: RETURN:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
EASEMENT DEED
THIS INDENTURE, made this 22 day of ~AR~ , 2002, by and between
a & S DEVEiI~ , with a mailing address of 801 ~qc~AB RD, POm:,/x3;O BCH.F?.~ 33060
party of the first part, and the CITY OF DELRAY BEACH, with a mailing address of 100
N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach
County, State of Florida, party of the second part:
WITNESSETH: That the party of the first part, for and in consideration of the mutual
promises herein contained and other good and valuable considerations, does hereby grant,
bargain, sell and release unto the party of the second part, its successors and assigns, a right of
way and perpetual easement for the purpose of the construction and maintenance of public
utilities with full and free right, liberty, and authority to enter upon and to install, operate, and
maintain such utilities well under, across, through and upon, over, under or within the
following described property located in Palm Beach County, Florida, to-wit:
DESCRIPTION
See Exhibit "A"
Concomitant and coextensive with this right is the further right in the party of the
second party, its successors and assigns, of ingress and egress over and on that portion of land
described above, to effect the purposes of the easement, as expressed hereinafter.
That this easement shall be subject only to those easements, restrictions, and
reservations of record. That the party of the first part agrees to provide for the release or
subordination of any and all mortgages or liens encumbering this easement. The party of the
first part also agrees to erect no building or effect any other kind of construction or
improvements upon the above-described property.
It is understood that upon completion of such construction, all lands disturbed thereby
as a result of such construction performed thereon, will be restored to its original or tike
condition without expense to the property owner.
Party of the first part does hereby fully warrant the title to said land and will defenql the
same against the lawful claims of all persons whomsoever claimed by, through or under it, that
it has good right and lawful authority to grant the above-described easement and that the same
is unencumbered except as provided above. Where the context of this Easement Deed allows
or permits, the same shall include the successors or assigns of the parties.
IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals
the day and year first above written.
WITNESS #1'
-
(name printed or typed)
WITNESS//2:
(name printed or typed)
PARTY OF THE FIRST PART
STATE OF Ft~RJ~A
COUNTY OF g~.~ BF_~C~
';~.,~ d/t' x.~The foregoing instrument was acknowledged before me this ~C/ day of
, 200~by ~.,' ]~' ~z~ (name of officer or agent),
of ~ ~ ~/~~ (~me of c6~oration), a ~/~ (State or place
of inco~oration) ~ '
co~orat~on, on behalf of ~e co~oration. He/She is personally ~own to me
or has produced WE ~ (type of identification) as identification and
did/didnotmkeanoa~. ~oc,~3 w? ~o ~~ ~ ~ ~~
Sigmmre of~om~ ~bl~ ~
State of ~
(SEAL)
ATLANTIC $OI'~O~NG CO.. INC.
2
II TT'S ScoltA. GLg21& Aeeoc., Inc.
LYING WITHIN TRACT A, TENTH STREET COMMERCE P,~K, ACCORDING TO THE PLAT THEREOF,
AS RECORDED IN PLAT BOOK 88, AT PAGES 121 THROUGH 123, OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA, BEING MORE P,~TICUL/~LY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNE~ OF S~D TRACT ~ THENCE N88" 12'40"E, ~ONG THE
SOUTH LINE OF TRACT & A DIST~CE OF 46.21 FEET TO THE POINT OF BEGINNING; THENCE
NO2"~7'~8"W, A DIST~CE OF N0.99 FEET TO A POINT ON THE SOUTHERLY LINE OF A 12
FOOT S~IT~Y SEWER E~EMENT, ~ DEPICTED ON THE ~ORE~ENTIOND PLAT; THENCE
N89"56'~7"E, ~ONG S~D SOUTHERLY LINE, A DIST~CE OF 12.00 FEET; THENCE S02~47'~8"E,
A DIST~CE OF 1~0.6~ FEET TO THE SOUTH LINE OF TRACT A; THENCE S88" 12'~0"W, ~ONG
S~D SOUTH LINE, A DIST~CE OF 12.00 FEET TO THE POINT OF BEGINNING.
~ WITH EMBOSSED
SURVEYORS SE~
SCAI F~ P-lO0'
TRACT 21
(PI.AT BOOK 1, PAGE 4,
P.O.C.
S.W. CORNER
TRACT A
S.W. lOth STREET
N88',E-/'O6'E
II
II
--F
2_.38.08'
~ TRACT 29
(PLAT BOOK I, P,N;E
PALM BEAC~ C(:X,q',I'TY RECORDS)
;23
I!i
i
,/
S~
'-1t
/ I
TENTH STREET COMMERCE
LOCATI ON MAP
'°°°-=° JL 1 or 1
LAVE.~'S
ENVI:IONMENTAL SEi:WICES DEPARTMENT
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM~L-REGULAR MEETING OF MAY 7,
BID AWARD TO SOUTHEASTERN PUMP CORPORATION
DATE: MAY 3, 2002
2002
This is before the Commission to consider approval of a contract award in the amount of
$65,270.00, to Southeastern Pump Corporation for the annual purchase of submersible
wastewater pumps.
The lowest bid was from Condo Electric in the amount of $64,353.00; however, they
provided bids on a pump that is not currently used and not specified in the bid
specifications. Southeastern Pump provided pricing on the Barnes brand pumps as
specified. The pumps are stocked at a close location and are available for shipping as
needed. Southeastern Pump is our current vendor and has provided outstanding service in a
timely manner.
Recommend approval of the contract award in the amount of $65,270.00, to Southeastern
Pump for the annual purchase of submersible wastewater pumps. Funding is available from
441-5144-536-46.20 (Water/Sewer Fund/Equipment Maintenance).
S:\City Cierk\chevelle fokler\agendamemos\BidAward. SoutheastemPumpCoqx~ation.05.07.02
tvJ MO
I:IW OF DELRIW
PURCHASING DIVISION
TO:
David Harden, City Manager
FROM:
THROUGH:
Patsy Nad~ I~
Joseph Saffo~nance Director
DATE: May 01, 2002
SUBJECT:
DOCUMENTATION - CITY COMMISSION MEETING
May 07, 2002 - BID AWARD BID #2002-18 TO
SOUTHEASTERN PUMP CORP. FOR SUBMERSIBLE
WASTEWATER PUMPS ANNUAL CONTRACT
Item Before Commission:
City Commission is requested to approve award to second Iow bidder, Southeastern Pumps Corp.
for the purchase of submersible wastewater pumps at an estimated annual cost of $65,270.00.
Background:
Bids were received on April 17, 2002; from frye- (5) vendors all in accordance with the City's
purchasing procedures.
The Deputy Director of Public Utilities and Maintenance Manager has reviewed the bids received
and recommend award to Southeastern Pump Corporation.
Southeastern Pump is our current vendor and has provided outstanding service in a timely manner
to the City of Delray Beach and provided pdcing on the Barnes brand pumps as specified. The
lowest bidder provided bids on a pump that is not currently used and not specified in the bid
specifications. This is very important for replacement in an emergency situation. The pumps from
Southeastern Pump are stocked at a close location and are available for shipping as needed.
Recommendation:
Staff recommends award to Southeastern Pump Corp. at an estimated annual cost of $65,270.00.
Funding from account code #441 5144 536 46.20.
Attachments: Tabulation of Bids
Memo from Deputy Director of Public Utilities
Cc: Jacklyn Rooney
City Of Delray Beach
Department of Environmental Services
M E M 0 R A N D
TO:
FROM:
DATE:
SUBJECT:
Jackie Rooney
Purchasing Supervisor
C. Danvers Beatty, P.E. ~_..-~
Deputy Director of Publ/e'~tili'ties
April 30, 2002
Submersible Wastewater Pumps - Annual Contract
Bid No. 2002-18
U
M
www. delra?esd, com
As requested we have reviewed the bids for the subject contract. Based on the specification
requirements for acceptable pump manufactures, Southeastern Pump is lowest responsible
responsive bid. We have experienced excellent service from Southeastern Pumps in the past and
recommend award of the annual contract to Southeastern Pumps. If you have any questions please
do not hesitate to call.
CDB/pd
CCi
Richard C. Hasko, P.E., Director of Environmental Services
Bob Bullard, Maintenance Manager
Bid No. 2002-18
CITY OF DELRAY BEACH
TABULATION OF BIDS - #2~02-18
ITEM DESCRIPTION QTY. CONDO SOUTH- HYDRO SANDERS L & L
ELECTRIC EASTERN PUMPS CO. WW
I 14.8 TO 18 HP-6' D~CHARGE e~. $2,744.00 $3,300.00 $2,738.00 $4,596.00 $7,314.00
230 VOLTS, 3 PHASE, 1750 RPM
WITH 40' CABLE 2 $6,488.00 $6,600.00 $8,476.00 $9,t92.00 $t4,628.00
2 7.3 - 4' U.t,3(2HAK~E ea, $1,845.00 $1,891.00 $1,998.00 $3,925.00 $4,915.00
230 VOLT, 3 PHASE, 1750 RPM
W1TH 40' CABLE 3 $$,$35.00 $E,$73.00 $S,984.00 $'11,778.00 $14,745.00
3 3.7 t'lP TUb H.F - 4- DLY,(Jtf. AKU~; em. $1,400.00 $1,.44~.00 $1,811.00 ~3,72§.00 $4,000.00
230 VOLTS, 3 PHASE, 1750 RPM
WITH 40' CABLE 2 $2,800.00 $2,898.00 $3,622.00 $7,452.00 $8,000.00
4 ;Z~ TO 30 I-W- 0" DI:~2HAKt.~ ea. $3,550.00 $,3,873.00 $4,958.00 $6,230.00 $14,171.00
460 VOLT, 3 PHASE, 1750 RPM
WITH 40' CABLE ! $3,660.00 S3,873.00 $4,988.00 f~,2~0.00 $'14,171.00
5 I 1.3 HI' - 4" DI~HAI~B ea. $1,995.00 $2,010.00 $2,070.00 $4,492.00 $5,372.00
230 VOLT, 3 PHASE, 1750 RMP
~ 40' CABLE 2 $3,~.00 $4,020.00 $4,140.00 $8,984.~ $10,744..00
6 Z HY - ~ Dl.~l-La~ ea. $520.00 $710.00 $765.00 $2,632.00 $3,288.00
;'30 VOLT, 3 PHASE, 3450 RPM
WITH 40' CABLE I ~20.00 $710.00 $766.00 $2,632.00 $3,288.00
7 13, H-P - 4" DI3CI"La.K(.J'E ~ $2,290.00 $2,368.00 $2,7,50100 $4,,~?.00 $7,315.00
230 VOLT, 3 PHASE, 1750 RPM
WlTH40' CABLE 3 $6,870.00 $7,104.00 $8,2M.00 $13,701.00 $21,945.00
S '/.SHY -4"DI::;L:HAR~/~ ea. $3,671.00 $3,677.00 $,5,388.00 $4,171.00 $5,943.00
1750 RPM (RHR/LHR)
SUBMERSIBLE DRY PIT PUMP 2 $7,342.00 $7,354.00 $10,772.00 $8,342.00 $11,888.00
'9 IUH.P - 4- D 'R~JHAK~E aa. $4,153.0B $3,789.00 $5,386.00 $4,305.00 $8,572.00
1750 RPM (RHR/LIm)
SUBMERSIBLE DRY PIT PUMP 2 $8,306.00 $7,578.00 $10,772.00 $8,610.00 $17,144.00
I0 15-20 ~- 4" DISCHARGE ea. $5,455.00 $5,98000 $5,386.00 $4,912.00 $8,571.00
1750 RPM (RHR/LHR)
WI'II-140' CABLE
SUBMERSIBLE DRY PIT PUMP 2 $10,910.00 $11,960.00 $10,772.00 $9,824.00 $17,142.00
11 7.5 HP - 4' DISCHARGE ea. $4,368,00 $3,750.00 $4,623.00 $4,858.00 $5,943.00
1150 RPM (~)
WITH 40' CABLE
SUBMERSIBLE DRY PIT PUMP 2 $8,736.00 $7,S00.00 $9,245.00 $9,716.00 $11,886.00
(IT£M$1 THRU
BRAND / MODEl.. NUMBERS ~ A ~ ~ARNES FJE. MYERS FAI;IBANKS FLYGT
AM 434.-180/7.5N Pt. IMP~ Note: Items 8 & 9 MORSE #30~5, 3102,
AM 434-210/10N 15HP Model Mod~15400 #3127,3140
M4X 434-444, quo~d. I~is ts I~. ~ #3152,3170
260~15-20p
In 1750 qml
DEUVERY 3qME 20-30 Sabmema~'s 4560 60-70 30
Dry 1:%10
10~md~
WARRANTY .,..~--~-.- Vt 5 ~n'~ Mf~s See a~f,md Mf~$ $ Yearn, 0-18
40-~0, 25%
WILL F.)Q'END TO OTHER PALM YES YES YES YES YES
~ BEACH GOVERNMENTAL
AGENDA ITEM NUMBER:
AGENDA REQUEST
Request to be placed on: May 07, 2002
Date: May 01, 2002
Consent Agenda
Special Agenda
Workshop Agenda
Description of agenda item:
Bid #2002-18 - Submersible Wastewater Pumps Annual Contract
Award to second Iow responsive bidder, Southeastern Pump, at an estimated annual cost of
$65,270.00.
ORDINANCE/RESOLUTION REQUIRED: YES NO
Draft Attached: YES NO
Recommendation: Award to Southeastern Pump Corp. for the annual contract purchase of
submersible wastewater pumps, per Bid #2002-18.
Funding from account code #441 5144 536 46.20. (Fiscal Year 2002-2003)
p rtment Head Signature: / t.~ . ~
Deterrnination of Consistency w~/).~omprehens~.ve p;;;:- ¥' \ ~
City Attomey Review/Recommendation (if applicable):
Budget Director Review (required on all items_involving~xpenditure of funds):
Funding available: Yes ~ No
Funding alternatives:
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for agenda:~'*e~/~ (/~ ~ No
Hold Until:
Agenda Coordinator Review:
Received:
Action: Approved
Disapproved
(if applicable)
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~~/~k
AGENDA ITEM - REGUIJiR MEETING OF MAY 7, 2002
FINAL PLAT APPROVAL/TOWN PLACE OF DELRAY SUBDM$ION
pLAT
DATE: MAY 3, 2002
This is before the Commission to approve the final subdivision pht for Town Phce at Delray
subdivision. The property is being subdivided to create 16 townhouse units and is located
southwest intersection of N.E. 2"d Street.
All technical and staff comments have been addressed and the plat is ready for approval.
Recommend approval of the final subdivision plat for Town Place at Delray.
S:\City Clerk\chevelle folder\agenda memo~\Final Plat. Town Place at Delray.05.07.02
City Of Delray Beach
Department of Environmental Services
M E M 0 R A
N D U M
TO:
FROM:
DATE:
SUBJECT:
David T. Harden, City Manager
Barron E. Caronite, PE, Assistant City Engineer~x~-~
May 2, 2002
Town Place at Delray Subdivision Plat
Please find an agenda request for Commission approval of the subdivision plat for
Town Place at Delray attached. I have also enclosed a location map and a reduced
copy of the plat. Site plan approval was granted by SPRAB on December 12, 2001.
The property is being subdivided to create 16 townhouse units and is located at the
Southwest intersection of NE 6th Avenue and NE 2nd Street. If this meets with your
approval, please place it on the May 7, 2002 Commission meeting for Commission
approval.
Encl.
File:
cc;
S:/engadmin/tac/Town Place at Delray/agmemo050702.doc
Randall Krejcarek, P.E., City Engineer
TAC: Town Place at Delray
~ r
~o~o
I$ ~d ,'~ Y~OOg AV'M
3~[711A ~IIVS~I Yl~l~
,k¥#t~]AV# IVLSY~:>VaA# ]
;.
]fiN]Ay 'Hi 9 ']'14 [GlfllO9 HJUON) AWIHglH ~ HIUON
......... ,~_ E._~j~_,~ ~,o.
6 i09
N.E. 4'1~-I ST. /- ~ ii
~ ..~. ~---~ _~ ~, ~ ~ s~. _ : /
': : , '/ : ~ , ~ ~
ATLANTIC AVENUE
~111111~111111 I ~ l l l l l l l ~ ~~ ~ lllllll[l l l I '
CZ of DELRAY BEACH TOWN PLACE AT DELRAY ~:5/2/e2
E~~ ~~
~ ~ ~ .~ ~ ~ ~ ~ LOCATI ON M AP ~002-20(
ST.
Agenda Item No.~
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda
AGENDA REQUEST
Date: May 2, 2002
When: May 7, 2002
Description of item (who, what, where,
Subdivision Plat for Town Place at Delray.
addressed.
how much):Approval of the
Staff comments have been
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff reco~l~ends approval o~%he Subdivision Plat for
Town Place at Delray. ~) ~ ~J
Department head signature:k ~~-~Q~i> ~-~---O~.
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation if applicable):
Budget Director Review (required on all items involving expenditure of
funds):
Funding available: YES/NO
Funding alternatives (if applicable)
Account No. & Description
Account Balance
City Manager Review:
Approved for agenda:
Hold Until:
~/NO~
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
cc:
tac- Town Place at Delray
file:s/engadmin/tac/ Town Place at Delray /Ag050702.doc
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM # ~ IXl - REGULAR MEETING OF MAY 7, 2002
FINAL pLAT APPROVAL/BORTON MOTORS PLAT 2
DATE: MAY 3, 2002
This is before the Commission to approve the final boundary plat for BoRon Motors. The property
houses the BoRon Volkswagen automobile dealership and is located on the east side of North
Federal Highway north of the BoRon Volvo property.
All technical and staff comments have been addressed and the plat is ready for approval.
Recommend approval of the final subdivision plat for BoRon Motors.
S:\City Cierk\chevelle folder\agenda memo~\Final Plat. Botton Motors.05.07.02
City Of Delray Beach
Department of Environmental Services
M E M 0 R A
N D U M
TO:
FROM:
DATE:
SUBJECT:
David T. Harden, City Manager
Barron E. Caronite, PE, Assistant City Enginee~
May 3, 2002
Borton Motors Plat 2
Please find an agenda request for Commission approval of the subdivision plat for
Borton Motors Plat 2 attached. I have also enclosed a location map and a reduced
copy of the plat. Site plan approval was granted by SPRAB on July 5, 2000. The
property houses the Borton Volkswagon automobile dealership. The property is located
on the East side of North Federal Highway North of the Borton Volvo property. If this
meets with your approval, please place it on the May 7, 2002 Commission meeting for
Commission approval.
Encl.
File:
cc:
S:lengadminltaclBorton Motors/agmemo050702.doc
Randall Krejcarek, P.E., City Engineer
TAC: Borton Motors Plat 2
I,il!ll
11 "1
,,Jll.I
~ . ~ ~- ,/
DA~:5/2/02-
C of DELRAY BEACH ~o~o~ ~o~o~s ~A~ 2
E~~E~ SER~CES DEP~E~ LOCAT~ ON UAP ~002-20(
Request to be placed on:
X Regular Agenda
Special Agenda
Workshop Agenda
AGENDA REQUEST
Date: May 3, 2002
When: May 7, 2002
Description of item (who, what, where, how much):Approval of the Plat
for Borton Motors Plat 2. Staff comments have been addressed.
ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO
Recommendation: Staff recommends approval of the
Motors Plat 2. ~~~_.~
Department head signature:
Determination of Consistency with Comprehensive Plan:
Plat for Borton
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of
funds):
Funding available: YES/NO
Funding alternatives (if applicable)
Account No. & Description
Account Balance
City Manager Review:
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
cc:
tac- Borton Motors Plat 2
file:s/engadmin/tac/ Borton Motors Plat 2 /Ag050702.doc
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM -REGULAR M~.~.TING OF MAY 7, 2002 DELRAY
BEACH RENAISSANCE PROGRAM SUBSIDY REOUEST
DATE: MAY 3, 2002
This is before the Commission for approval of five (5) subsidy awards to eligible applicants/families
under the Delray Beach Renaissance Program for the following properties:
· $18,226.00 for 315 NW 12' Avenue
· $20,250.00 for 131 NW 11' Avenue
· $20,250.00 for SW 8* Avenue
· $22,500.00 for SW 6' Avenue
· $22,500.00 for SW 6* Avenue
Four (4) are for new construction and one (1) for acquisition rehabilitation. These five (5) subsidies
bring the total to 142-homeowner assistance grants provided under the City Renaissance Program.
Funding for the total amount of $103,726.00 for these five (5) subsidy awards is available from 118-
1924-554-83.01 (SHIP Program).
Recommend approval of the funding subsidies under Delray Beach Renaissance Program as
outlined above.
S:\C. ity Clerk\chevelle foider\s~nd~ memos\Renaissance Program.05.07.02
MEMORANDUM
TO:
FROM:
THRU:
DATE:
SUBJECT:
David Harden, City Manager
Kendra W. Graham, C. D. Specialist ~4'~D
Lula Butler, Community Improvement Director
May 3, 2002
Delray Beach Renaissance Program Subsidy Requests
ITEM BEFORE THE COMMISSION
City Commission authorization and approval to issue subsidies to five (5) eligible
applicants/families under the Delray Beach Renaissance Program. These subsidies brings
the total to 142 homeownership assistance grants provided under the city Renaissance
Program to date.
BACKGROUND
The Delray Beach Renaissance Program Memorandum of Understanding was approved
by the City Commission on January 23, 1996. In partnership with the Delray Beach
Community Development Corporation, the TED Center, the Community Redevelopment
Agency, the Community Financing Consortium, the Federal Home Loan Bank of Atlanta
and the Delray Beach Housing Authority, we committed to providing homeownership
opportunities to 80 homebuyers through new construction and acquisition rehab
beginning October 1, 1995 through September 30, 1998. The initial agreement was
extended for a term of one year in 1999 and 2000 by all partners and the City
Commission. A new Memorandum of Understanding beginning October 1, 2001 through
September 30, 2004 was approved by all parties and the City Commission on February
19, 2002.
Each potential homebuyer is required to attend a homebuyer's seminar sponsored by the
Community Financing Consortium, Inc., the Renaissance Program's partner and first
mortgage lender. The seminar includes training and information on financial planning,
credit and borrowing, budgeting, fair housing issues, mortgage and closing costs and a
comprehensive glossary of real estate terms.
The Grant is secured by a Promissory Note/Second Mortgage approved by the City
Attorney and requires the applicant to maintain ownership/residence for a specified
period according to the amount of the Grant. Grant amounts less than $15,000 per unit are
forgiven at a rate of 20% per year for a period of five (5) years and Grant amounts 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.
RECOMMENDATION
Staff is recommending City Commission approval to fund subsidies for five (5) eligible
applicants/families of the following properties:
New Construction
Acquisition Rehabilitation
New Construction
New Construction
New Construction
315 NW 12th Avenue
131 NW 1 lth Avenue
xxx SW 8th Avenue
xxx SW 6th Avenue
xxx SW 6th Avenue
$18,226
$20,250
$20,250
$22,500
$22,500
DELRAY BEACH RENAISSANCE PROGRAM
SUBSIDY REQUEST BREAKDOWN
NEW CONSTRUCTION YES
CENSUS TRACT 67
NAME Osborne Woods, Jr.
PROPERTY ADDRESS 315 NW 12th Avenue, Delray Beach (12-43-46-17-40-000-0290) _
LEGAL DESCRIPTION Poinciana Heights of Delray Beach, Lot 29
% OF AREA MEDIAN HOUSEHOLD INCOME 65%
FIRST MORTGAGE
RATE 7.00%
LTV 89.00%
PROJECT/SUBSIDY BREAKDOWN
COST OF CONSTRUCTION
COST OF LOT
COST OF DEVELOPER'S FEE
Estimated Pre-paids (Lender 1003)
Estimated Closing Costs (Lender 1003)
TOTAL TRANSACTION:
FIRST MORTGAGE
TOTAL SUBSIDY
Second Mortgage $ 14,726.00
Developer's Fee $ 3,500.00
$ 78,900.00
$ 15,000.00
$ 3,500.00
$ 1,237.96
$ 4,490.50
$ 103~128.46
$ 81,913.00
$ 18,226.00
THIRD MORTGAGE
OTHER CREDITS
Estimated Cash To/From Borrower (Lender 1003)
$
$ 2,989.46
NO. IN HOUSEHOLD
Northern Trust
City of Delray Beach (SHIP)
LAKES
DRIVE
LEE ST.
PROSPECT ST.
N.W. 3RD ST.
LAKE IDA
POMPEY
PARK
N.W. 2ND ST.
SUNSHINE
ROAD
$.D. SPADY
ELEMENTARY
SCHOOL
N.W. 3RD ST.
MARTIN
1ST
DRIVE
N
CITY OF DELRAY BEACH. FL
PLANNING & ZONING DEPARTMENT
POINCIANA HEIGHTS OF DELRAY BEACH (LOT 29)
12-43-46-17-40-000-0290
MAP REF: LM610
---- DIGI~'AL ~4SE 1~4P S~S~M --
DELRAY BEACH RENAISSANCE PROGRAM
SUBSIDY REQUEST BREAKDOWN
NEW CONSTRUCTION NO
CENSUS TRACT 67
NAME _Mary Stacey
PROPERTY ADDRESS 131 NW 11th Avenue, Delray Beach (12-43-46-17-27-002-0040) _
LEGAL DESCRIPTION Pinecrest Sub Delray, Lot 4, Block 2
% OF AREA MEDIAN HOUSEHOLD INCOME 59%
FIRST MORTGAGE
RATE 6.625%
LTV 81.00%
PROJECT/SUBSIDY BREAKDOWN
COST OF CONSTRUCTION
COST OF LOT
COST OF EXISTING UNIT
COST OF DEVELOPER'S FEE
Estimated Pre-paids (Lender 1003)
Estimated Closing Costs (Lender 1003)
TOTAL TRANSACTION:
FIRST MORTGAGE
TOTAL SUBSIDY
Second Mortgage $ 16,750.00
Developer's Fee $ 3,500.00
$ N/A
$ N/A
$__ 97,000.00
$ 3,500.00
$ 1,674.70
$ 1,823.25
$ 103~997.95
$ 81,500.00
$ 20,250.00
THIRD MORTGAGE
OTHER CREDITS
Estimated Cash To/From Borrower (Lender 1003)
$
$ 2,247.95
NO.
IN HOUSEHOLD
Northern Trust
City of Delray Beach (SHIP)
LEE ST.
PROSPECT ST.
N.W. 3RD ST.
2ND
II
P OMPE Y
PARK
MAR~N
S.D. SPADY
ELEMENTARY
SCHOOL
ITHER KING dR.
1ST
3RD
ST.
ATLANTIC AVENUE
GA TEWA Y
N
CITY OF DELRAY BEACH, FL
PLANNING & ZONINGDEPAR'i~ENT
PINECREST SUB DELRAY (LOT 4)
12-43-46-17-27-002-0040
MAP REF: LM611
--DIGli',4L B,4$E M,4P SYSTEM --
DELRAY BEACH RENAISSANCE PROGRAM
SUBSIDY REQUEST BREAKDOWN
NEW CONSTRUCTION YES
CENSUS TRACT 68.02
NAME _Joseph & Greta Parker Moore
PROPERTY ADDRESS xxx SW 8th Avenue, Delra¥ Beach (12-43-46-20-14-007-0120) _
LEGAL DESCRIPTION Rosemont Park, Lot 12, Block 7
% OF AREA MEDIAN HOUSEHOLD INCOME 62%
FIRST MORTGAGE
RATE 6.375%
LTV 85.00%
PROJECT/SUBSIDY BREAKDOWN
COST OF CONSTRUCTION
COST OF LOT
COST OF DEVELOPER'S FEE
Estimated Pre-paids (Lender 1003)
Estimated Closing Costs (Lender 1003)
TOTAL TRANSACTION:
FIRST MORTGAGE
TOTAL SUBSIDY
Second Mortgage $ 16,750.00
Developer's Fee $ 3,500.00
$ 91,500.00
$ 9,00O.OO
$ 3,500.00
$ 1,473.29
$ 4,298.15
$ 109~771.44
$ 86,500.00
$ 20,250.00
THIRD MORTGAGE
OTHER CREDITS
Estimated Cash To/From Borrower (Lender 1003)
$
$ 3,021.44
NO.
IN HOUSEHOLD
Republic Bank
City of Delray Beach (SHIP)
S.W. 3RD CT.
AUBURN CIRCLE
AUBURN CIR, S.
cHuHAI TIA N
CA THOLIC
RCH
ST.
CARVER ESTATES
7TH CT.
8TH
S,Wo
DELRA Y BEACH
MEMORIAL
GARDENS
4TH ST. I
~ S.W. 8TH '
L
I [
10TH
6TH
S.W. 7TH ST.
7TH ST. J
s.w. 8TH ST.
S.W. 8TH CT.
II
9TH ST.
I
9TH nT
STREET
EL EMEN TAR Y
SCHOOL j
N
CITY OF DELRAY BEACH, FL
PLANNING & ZONING DEPARTMENT
ROSEMONT PARK (LOT 12)
2-43.-46-20 - 14-007-0120
-- D/G/I'AL ~,45£ II,,I,4P SYSTEM -- MAP REF: LM611
DELRAY BEACH RENAISSANCE PROGRAM
SUBSIDY REQUEST BREAKDOWN
NEW CONSTRUCTION YES
CENSUS TRACT 68.02
NAME Luckner Simeon
PROPERTY ADDRESS xxx SW 6th Avenue, Delray Beach (12-43-46-20-32-000-0040)
LEGAL DESCRIPTION Rosemont Villas Unit B, Lot 4
% OF AREA MEDIAN HOUSEHOLD INCOME 48%
FIRST MORTGAGE
RATE 7.375%
LTV 87.00%
PROJECT/SUBSIDY BREAKDOWN
COST OF CONSTRUCTION
COST OF LOT
COST OF DEVELOPER'S FEE
Estimated Pre-paids (Lender 1003)
Estimated Closing Costs (Lender 1003)
TOTAL TRANSACTION:
FIRST MORTGAGE
TOTAL SUBSIDY
Second Mortgage $ 19,000.00
Developer's Fee $ 3,500.00
$ 88,900.00
$ 18,000.00
$ 3,500.00
$ 1,502.72
$ 5,182.70
$ 117~085.42
$ 92,000.00
$ 22,500.00
THIRD MORTGAGE
OTHER CREDITS
Estimated Cash To/From Borrower (Lender 1003)
$
$ 2,585.42
NO.
IN HOUSEHOLD
Republic Bank
City of Delray Beach (SHIP)
AUBURN CIRCLE
Ij
HAITIAN
CA THOLIC
CHURCH
DELRA Y BEACH
MEMORIAL
GA RDENS
L
6TH ST.
7TH
· '~ S.W. 8TH
S.W. ~
S.W. 9TH
SoW,
I
S.W. 11TH ST. ,
10TH
PINE GROVE
EL EMEN TAR Y
SCHOOL
FALL RIDGE
OF DELRA Y
L_J DRUG ABUSE FOUNDATIOI'
OF
PALM BEACH COUNTY
CITY OF DELRA Y BEACH
PUBLIC WORKS
COMPLEX
WA TER ~-~
TREA TMEN T ;.w. 6ms
PLANT ~~
S.W. 7TH ST.
S.W. 8TH
S.W. 8TH CT.
Cl.
STREET
REIGLE AVENUE
N
CITY OF DEl-RAY BEACH, FL
PLANNING &: ZONINGDEPARTMENT
ROSEMONT VILLAS (LOT 4)
12-43-46-20-33-000-0040
MAP REF: LM609
-- DIE:Il'AL ~45£ 1144P SYSTEM --
DELRAY BEACH RENAISSANCE PROGRAM
SUBSIDY REQUEST BREAKDOWN
NEW CONSTRUCTION YES
CENSUS TRACT 68.02
NAME _Joseph Lucanes
PROPERTY ADDRESS xxx SW 6th Avenue, Delray Beach (12-43-46-20-32-000-0030)
LEGAL DESCRIPTION Rosemont Villas Unit B, Lot 3
% OF AREA MEDIAN HOUSEHOLD INCOME 58%
FIRST MORTGAGE
RATE 7.00%
LTV. 82.61%
PROJECT/SUBSIDY BREAKDOWN
COST OF CONSTRUCTION
COST OF LOT
COST OF DEVELOPER'S FEE
Estimated Pre-paids (Lender 1003)
Estimated Closing Costs (Lender 1003)
TOTAL TRANSACTION:
FIRST MORTGAGE
TOTAL SUBSIDY
Second Mortgage $ 19,000.00
Developer's Fee $ 3,500.00
$ 97,000.00
$ 18,000.00
$ 3,500.00
$ 2,113.30
$ 3,432.50
$ 124~045.80
$ 95,000.00
$ 22,500.00
THIRD MORTGAGE
OTHER CREDITS
Estimated Cash To/From Borrower (Lender 1003)
$
$ 6,545.80
NO.
IN HOUSEHOLD ~4
Bank Atlantic
City of Delra¥ Beach (SHIP)
AUBURN CIRCLE
HAITIAN
CA THOLIC
CHURCH
DELRA Y BEACH
MEMORIAL
GARDENS
6TH
S.W. 8TH
SoWo
I!
S.W. llTH ST. ~
DRUG ABUSE FOUNDA TIOI'
OF
PALM BEACH COUNTY
CITY OF DELRA Y BEACH
PUBLIC WORKS
COMPLEX
WA TER
TREATMENT
PLANT
s.w. 7TH
;.W. 61~1S'
SI.
PINE GROVE
ELEMENTARY
SCHOOL
STREET
10TH
FALL RIDGE
OF DELRA Y
REIGLE AVENUE
N
CITY OF DELRAY BEACH, FL
PLANNING & ZONINGDEPARllvlENT
ROSEMONT VILLAS (LOT 3)
12-43-46-20-33-000-0040
-- DiG/i'AL ~45£ MAP SYST~-A4 -- MAP REF: LM609
Agenda Item No.: ~/~
AGENDA REQUEST
Request to be placed on:
~ Regular Agenda
~ Special Agenda
Workshop Agenda
Consent Agenda
Date: May 3, 2002
When: May 7, 2002
Description of item:
Authorization and approval to issue subsidies to five (5) eligible applicants under the
Delray Beach Renaissance Program totaling $103,726.00
Note: These applicants bring the total homeownership assistance grants provided under
the Renaissance Program to date to 142.
Recommendation:
Staff recommends approval of two (2) subsidy award. Funds are to be awarded from the
State Housing Initiatives Partnership (SHIP) Program.
SHIP Total: $103,726 Account Number: 118-1924-554.83-01
Department Head Signature: ~ ~
City Attorney Review/Recommendation (if applicable):.
Budget Director Review (required on all items involving expenditure of funds): Funding Available: ~E~/NO
Funding Alternatives: (if applicable)
Account No. & Description: \\~)
Account Balance: \Ba3,qZ~ ,0~
City Manager Review:
Approved for Agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM~ -REGULAR MEETING OF MAY 7, 2002 GRANT
AWARDS FOR HOUSING REHABILITATION CONTRACTS
DATE: MAY 3, 2002
This is before the Commission to consider approval of the following housing rehabilitation
contracts:
· $22,470.00 to Craftsman Plus, Inc. for 310 NW 7th Avenue
· $15,718.50 to Henry L. Haywood for 1302 Prospect Street
· $17,325.00 to South Florida Construction for 618 SW 5~ Avenue
· $20,616.75 to Alpha South Construction for 328 NW 11* Avenue
· $14,568.75 to Preston Construction for 108 SW 8~ Avenue
Funding for the total amount of $90,699.00 for these three grants is available from 118-1963-554-
49.19 (SHIP Housing Rehabilitation).
Recommend approval of the housing rehabilitation grant award contracts as outlined above.
S:\City Clerk\chevelle folder\agenda memos\CDBG Housing Rehab Award05.07.02
City of Delray Beach Community Development Division
MEMORANDUM
TO:
THRU:
FROM:
DATE:
SUBJECT:
David T. Harden, City Manager
Lula Butler, Director of Community Improvement ~)
Kendra W. Graham, C. D. Specialist ~
May 3, 2002
Community Development Division's Housing Rehabilitation Grant Award
for five (5) Units
ITEM BEFORE CITY COMMISSION
Approval is requested for five (5) Housing Rehabilitation grant awards 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, 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 responsible bidder, as a result of a formal bid process.
Therefore, an in-house policy was created to limit awards to the lowest responsible 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 goal of completing each rehabilitation activity utilizing the estimated
amount of funding required.
RECOMMENDATION
Staff recommends awarding the bids for five (5) Housing Rehabilitation projects to the verified
responsible low bidder(s) and authorizes awards in the following amounts:
Case Number Address Contractor
Grant Amount
99-049 HR 310 NW 7th Avenue Craftsman Plus, Inc. $22,470.00
00-008 HR 1302 Prospect Street Henry L. Haywood $15,718.50
00-009 HR 618 SW 5th Avenue South Florida Construction $17,325.00
00-015 HR 328 NW 11th Avenue Alpha South Construction $20,616.75
00-042 HR 108 SW 8th Street Preston Construction $14,568.75
CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION
AFFORDABLE HOUSING REHABILITATION PROGRAM
BID/QUOTATION INFORMATION SHEET
BID/QUOTATION #: 2002-21 CDBG
APPLICANT: Gloria Chane¥
PROJECT ADDRESS: 310 NW 7th Avenue
DATE OF BID LETTERS: April 4~ 2002
DATE OF BID OPENING: April 18~ 2002
NAME OF CONTRACTORS
ABISSET CORPORATION
ALPHA SOUTH CONSTRUCTION
CRAFTSMAN PLUS, INC.
DAKOTA CONSTRUCTION, INC.
HENRY HAYWOOD
HORIZON ROOFING
WRIGHT'S WAY ROOFING
SOUTH FLORIDA CONSTRUCTION
PRESTON CONSTRUCTION
IN-HOUSE ESTIMATE
CONTRACTOR AWARDED CONTRACT:
BID/CONTRACT AMOUNT:
AMOUNT OF BIDS
$ 27~732.00
$ 29,495.00
$ 21~400.00 .
$
$
$
$
$
$
Craftsman Plus
22~960.00 ..
19~645.00
$21,400 bid/contract amount + 5% contingency = $22,470
FUNDING SOURCE: CDBG Rehabilitation Program
COMMENTS:
Account No. 118-1963-554-49.19
CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION
AFFORDABLE HOUSING REHABILITATION PROGRAM
BID/QUOTATION INFORMATION SHEET
BID/QUOTATION #: 2002-21 CDBG
APPLICANT: Ruth Wright
PROJECT ADDRESS: 1302 Prospect Street
DATE OF BID LETTERS: April 4~ 2002
DATE OF BID OPENING: April 18~ 2002
NAME OF CONTRACTORS
ABISSET CORPORATION
ALPHA SOUTH CONSTRUCTION
CRAFTSMAN PLUS, INC.
DAKOTA CONSTRUCTION, INC.
HENRY HAYWOOD
HORIZON ROOFING
WRIGHT'S WAY ROOFING
SOUTH FLORIDA CONSTRUCTION
PRESTON CONSTRUCTION
IN-HOUSE ESTIMATE
CONTRACTOR AWARDED CONTRACT:
BID/CONTRACT AMOUNT:
AMOUNT OF BIDS
$ 16~845.00
$ 23~550.00
$ 17,780.00
$
$ 14~970.00
$
$
$ 18~840.00
$
$ 16~367.00
Henry Haywood
$14,970
bid/contract amount + 5% contino_encv -- $15~718.50
FUNDING SOURCE: CDBG Rehabilitation Program
COMMENTS:
Account No. 118-1963-554-49.19
CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION
AFFORDABLE HOUSING REHABILITATION PROGRAM
BID/QUOTATION INFORMATION SHEET
BID/QUOTATION #: 2002-21 CDBG
APPLICANT: Ruby Jones
PROJECT ADDRESS: 618 SW 5th Avenue
DATE OF BID LETTERS: April 4~ 2002 ...
DATE OF BID OPENING: April 18~ 2002
NAME OF CONTRACTORS
ABISSET CORPORATION
ALPHA SOUTH CONSTRUCTION
CRAFTSMAN PLUS, INC.
DAKOTA CONSTRUCTION, INC.
HENRY HAYWOOD
HORIZON ROOFING
WRIGHT'S WAY ROOFING
SOUTH FLORIDA CONSTRUCTION
PRESTON CONSTRUCTION
IN-HOUSE ESTIMATE
CONTRACTOR AWARDED CONTRACT:
BID/CONTRACT AMOUNT:
AMOUNT OF BIDS
$ 19~665.00
$ 24,350.00
$ 18~305.00 .
$
$
$
$
$ 16~500.00
$
$ 15~281.00
South Florida Construction
$16,500 bid/contract amount + 5% contineencv = $17,325
FUNDING SOURCE: CDBG Rehabilitation Proeram
COMMENTS:
Account No. 118-1963-554-49.19
CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION
AFFORDABLE HOUSING REHABILITATION PROGRAM
BID/QUOTATION INFORMATION SHEET
BID/QUOTATION #: 2002-22 CDBG
APPLICANT: Dorothy Mnndley
PROJECT ADDRESS: 328 NW 11th Avenue
DATE OF BID LETTERS: April 11, 2002
DATE OF BID OPENING: April 25~ 2002
NAME OF CONTRACTORS
ABISSET CORPORATION
ALPHA SOUTH CONSTRUCTION
CRAFTSMAN PLUS, INC.
DAKOTA CONSTRUCTION, INC.
HENRY HAYWOOD
HORIZON ROOFING
WRIGHT'S WAY ROOFING
SOUTH FLORIDA CONSTRUCTION
PRESTON CONSTRUCTION
IN-HOUSE ESTIMATE
CONTRACTOR AWARDED CONTRACT:
BID/CONTRACT AMOUNT:
AMOUNT OF BIDS
$
$ 19~635.00
$
$.
S.
$
$
$ 21~630.00 ...
$ 18~940.00
$ 17~599.00
Alpha South Construction
$19~635 bid/contract amount + 5% contingency -- $20~616.75 ..
FUNDING SOURCE: CDBG Rehabilitation Program Account No. 118-1963-554-49.19
COMMENTS: The low bidder (Preston Construction) currently has three on-going housing rehab.
proiects at this time. Therefore~ iob was awarded to the second lowest bidder.
CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION
AFFORDABLE HOUSING REHABILITATION PROGRAM
BID/QUOTATION INFORMATION SHEET
BID/QUOTATION #: 2002-22 CDBG
APPLICANT: Justino Ramos
PROJECT ADDRESS: 108 SW 8th Avenue
DATE OF BID LETTERS: April 11, 2002
DATE OF BID OPENING: April 25, 2002
NAME OF CONTRACTORS
ABISSET CORPORATION
ALPHA SOUTH CONSTRUCTION
CRAFTSMAN PLUS, INC.
DAKOTA CONSTRUCTION, INC.
HENRY HAYWOOD
HORIZON ROOFING
WRIGHT'S WAY ROOFING
SOUTH FLORIDA CONSTRUCTION
PRESTON CONSTRUCTION
IN-HOUSE ESTIMATE
CONTRACTOR AWARDED CONTRACT:
BID/CONTRACT AMOUNT:
AMOUNT OF BIDS..
$
$ 16~245.00
$
$
$
$
$
$ 15,940.00
$ 13~875.00
$ 13~381.00
Preston Construction
$13,875 bid/contract amount + 5% contineencv = $14,568.75
FUNDING SOURCE:
COMMENTS:
CDBG Rehabilitation Proeram
Account No. 118-1963-554-49.19
AGENDA REQUEST
Request to be placed on:
Regular Agenda
~ Special Agenda
Workshop Agenda
Consent Agenda
Date: May 3, 2002
When: May 7, 2002
Description of item (who, what, where, how much):
Case Number Address.
Contractor
Grant Amount
99-049 HR 310 NV~ 7th Avenue Craftsman Plus, Inc. $22,470.00
00-008 HR 1302 Prospect Street Henry L. Haywood $15,718.50
00-009 HR 618 SW 5th Avenue South Florida Construction $17,325.00
00-015 HR 328 NW 11th Avenue Alpha South Construction $20,616.75
00-042 HR 108 aw 8th Street Preston Construction . $14,568.75
ORDINANCE / RESOLUTION REQUIED: YES/NO Draft Attached: YES/NO
Recommendation: Recommend a roval of five 5 Communit Develo ment Block
Grant CDBG H~usin Rehabilitation Grants and Contract awards from Account 118-
1963_~tal amount of $90 699. These ant amounts includes a 5%
contingency..
Department Head Signature: ~ ~
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds): Funding available: ~/NO ~
· ematives' (if applicable)
Funding Alt ...... ~,
AccoumNo. &Description. ~-- ~ . , , . ta~B
City Manager Review:
Approved for agenda~/NO
Hold Until: ~
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action' Approved/Disapproved
ADMINISTRATIVE SERVICES
MEMORANDUM
TO:
FROM:
SUBJECT:
David T. Harden, City Manager
/~Robe~ A. Barcinsld, Assistant City Manager
AGENDA ITEM - CITY COMMISSION MEETING MAY 7, 2002
SPECIAL EVENT REOUEST - HAITIAN FLAG DAY
DATE: May 1, 2002
Action
City Commission is requested to endorse the 3rd Haitian Flag Day Celebration sponsored
by Our Lady of Perpetual Help Catholic Church's Youth Group on May 19, 2002.
Commission is requested to grant a temporary use permit per LDR's section 2.4.6(H) for
use of Men'ia Park, to authorize use and set up of City stage, authorize staff support for
security, trash removal and to consider waiving overtime costs.
Background
The Youth Group ,of Our Lady of Perpetual Help Catholic Church is planning a
celebration for Haiti s Flag Day on May 19th. Presentations, poems, entertainment and
food booths will be staged in the park. The park would be used from approximately
2:00 p.m. until 8:30 p.m. The estimated overtime cost for the event is $900. Last years
costs were approximately $415. The stage can be set up and removed on regular time.
This is not a new event; however, the hours of the event have been extended by three (3)
hours. We cannot provide the large covered stage as requested. The large stage is being
used for the Hot Air Balloon Race being held this same weekend.
Recommendation
Staff recommends approval of the event, the temporary use permit, providing staff
assistance for security, small stage set up and removal, and trash removal, and
consideration of waiving overtime costs. Approval would be contingent on the sponsor
providing a hold harmless agreement.
RAB/tas
File:u:sweeney/events
Doe:Memo to DTH re Haitian Flag Day 2002
To:
The City of Delray Beach
City Commission
100 N.W. 1st Street
Delray Beach, Florida 33444
From:
Wilner Athouriste
5974 Lincoln Circle West
Lake Worth, Florida 33463
(561) 641-2040
Date: April 11, 2002
Dear Commission Members;
For the past five years I have worked as a volunteer for the police department's Haitian
Roving Patrol. I also work with the Haitian Community Youth Group at Our Lady of Perpetual Help
Catholic Church. You may remember that last year at this time the Haitian Community in Delray
Beach celebrated Haitian Flag Day, which is comparable to the fourth of July in America. Last year
you helped the Haitian Community make this event a huge success by your generosity. With your help
again this year we look forward to making this event even better. The Haitian Community will
celebrate Haitian Flag Day on Sunday May 19, 2002. Would you please consider helping us by
supplying the following items and waiving any fees associated with receiving these items.
The use of Merritt Park on Sunday May 19, 2002 from the hours of 2:00 p.m. to 8:30 p.m.
The use of the city's large stage (placed where it was last year)
The cardboard garbage containers with the plastic bag inserts
Access to the electricity (lighting on the field) in the building housing the rest rooms
Access to the rest rooms
6 uniformed police officers from 4:30 p.m. to 8:30 p.m.
As with last year's celebration we will purchase a one million dollar insurance rider with the city of
Delray Beach listed as the beneficiary for liability purposes and deliver a copy of it to the appropriate
officials before the event. We expect approximately 5,000 people to attend this year.
I would like to extend a warm welcome to each and every one of you and your families to attend this
celebration and to take the stage and say hallo to the Haitian Community so that we may get to know
each other better. I am looking forward to hearing from you in the near future and pray that you can
help us with this worthy cause.
SincerelY, / c'-
W~r .~houl:ist
For More Information Contact:
Wilner Athouriste (561) 641-2040
Claire Marseille Vibert (561) 276-4880
HAITIAN FLAG DA Y CELEBRATION
EXPENSE REPORT
MAY19, 2002
SPONSOR OF THE EVENT: God Seekers at: Our Lady of Perpetual Help Church
510 S W 8~ A venue Delray Beach, FL 33444
(561) 276-4880
CONTACTS: Wilner Athouriste
5974 Lincoln Circle West
Lake Worth, FL 33463
Phone: (561) 641-2040 Cell Phone: (561) 313-3 738
UNIFORMS FOR ADULTS AND CHILDREN
~ 150 Tee-Shirts Custom Made $1300. O0
DANCING GIRLS
} lOGirls Uniforms~$7$.OOeach $750.00
MARCHING BAND
~ 20 Band Members $600. O0
FOOD
~ Food / Soft Drinks / Water / Ice ~Paper Plates ~Plastic Silverware Etc. $1500. O0
SOUND SYSTEM
~ Amplifiers ~Public Address System ~Music $250. O0
DECORATION
~ Crepe Paper Blue/Red~Haitian Flags/ColoredPoster Paper $300.00
FLAGS
~ 12 Haitian Flags to carry in theparade $540.00
INSURANCE
~ $1,000,000. O0 One time event insurance purchased by the Church with the
City of Delray Beach as a beneficiary $600. O0
TOTAL: $5,840. O0
God ~eeke~s o! Ou~ Lady of Perpetual Help Church
Invite ever~one to:
"/t celebration honorin
Warriors"
On ~unday May 19~ 2002
~tt 3:00 PM
The celebration will be held at
Mer~itt Pa~k on 4~ Street
In Del~ay Beach, FL
THE CELEBRATION WILL CONSIST S THE FOLLOWING FOOD ITEMS
HOT DOGS,
HAMBURGERS
CHEESE BURGERS
HAITIAN PATTIES
GRIOT
FRIED PLANTAIN
BAR-B-~UE
CORN
BEVERAGE (SODA & WATER)
Donations can be for~vai-ded to the follovdng addFess
510 8W 8~ Avenue
Deh'~ay Bea4:~h, FL 3~4~44
To tlxe attention
"God 8eekex~''
For mo~e information please contact
Athou~ste (561) 3153738 oF
CI~ (54~1) 276-~880
Thank you,
ARTHUR J.GALLAGHER & CO.-MIAMI
8200 N.W. 41st STREET, STE.200
MIAMI, FL 33166
305 592-6080
DIOCESEOFPALM .......
~ LIABILITY INSU R~N-CE
AC_Oil- CERTIFICATE OF ____ ..~ c~..c~.~ ,s ~ ~ ~ ~ o~ ,.~o.~o.
ONLY ~ ~N~ ~ RIG~ U~N ~E C~A~
~ ~ ~RCA~ ~ N~ ~D, ~ND OR
~ ~E ~GE A~RD~ BY ~E ~U~ B~OW.
33410-9650
DIocEsE OF PALM BEACH
P.O. BOX 109650
PALM BEACH GARDENS, FL
INSURERS AFFORDING COVERAGE
UNITED NATIONAL INSURANCE CO.
SAFETY NATIONAL INSURANCE CO.
_.. I ~
COVERAGES
THE POI ICIESOF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED. NOTWITHSTANDING
I POUClES. AGGREGATE UMITS SHOWN MAY HAVE BEEN REDUCED BY PAiD CLAIMS.
--
ea~a~L ~.J~ * 04/01/01 04/01/02
A ~M~C~C, EN~"~m~ ?JqX~1050-02 0 1/
~c~~ ;1 000 000
~=i~E O.,,eaaC~ (any one tim)
one ~)
~~, -~-~O~O~
~~ ~N/~
~,000~00~
IEIfL AGGREGATE LIM ITAPPLIES PER:
& ~ ~Y~UTO
GARAGE UAmUTY *
A 1 WOOERS (XiiPEN~TIC~I AND
CP65104-02
RRG1050-02
~P65104-02
SP-4329-FL-02
o4/ol/Ol
o4/ol/Ol
o4/ol/Ol
04/01/02
04/01/02
04/01/02
04/01/02
OLTR LADY OF PERPETUAL HELP
501 SW 8TH AVENUE
DELRAY BEACH, FL 33444
MISSION
~INCLUDED
~IL
com~s~ms~u-n si, 000,000
(F.a~)
~DILY INJURY
~ person)
8(])ILY INJURY
mO~=RTY BAMN;E
P~ acc~am)
EL DIS~ - EA EMPL oYEEi
E.L DISEASE - POI.ICY LIMIT
$
$
$1,000,00!
si,000,00!
$1 000 00(
[lTV OF DELRrl',' BEI:ICH
CiTY ATTORHEY'S OFFICE ~oo mw .~ ^V~$~. ~^~.~^~., ~0~,~^ ~
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993
DATE:
TO:
FROM:
SUBJECT:
MEMORANDUM
May 2, 2002
City Commission
David Harden, City Manager
Susan A. Ruby, City Attorney
Resolution No. 41-02
Writer's Direct Line: 561/243-7091
The CRA unanimously passed Resolution 02-02 requesting the City's
authorization for the CRA's acquisitioning of the Bilo Market and laundry located at
910 and 926 West Atlantic Avenue.
Fla. Stat. 163.370(1)(E)(2) provides that the City must approve eminent domain
proceedings. The CRA desires to acquire the property by purchase or eminent
domain.
Our office requests that Resolution 41-02 be placed on the City Commission
agenda for May 7, 2002.
Attachment
Cc:
John Weaver, Chairman, CRA
Diane Dominguez, Executive Director, CRA
RESOLtrnON NO. ¥!"
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING
TH~ ACQUISITION OF CERTAIN REAL PROPERTY
AS HEREINAFTER DESCRIBED BY THE DEI.RAY
BEACH COMMUNITY REDEVELOPMENT AGENCY
BY GIFT, PURCHASE OR EMINENT DOMAIN;
PROVIDING AN EFFECTIVE DATE, AND FOR OTHER
PURPOSES.
WHEREAS, by Ordinance No. 46-85 adopted by thc City of Delray Beach, the
City Commission of thc City of Deirny I~ach, Florida, crra~ed the Delray Beach
Community Redevelopment Agency; and
WHEREAS, pursuant to Section 163.370(1XcX2) and Section 163.375, Florida
StatuTe. s, thc Delray Beach Community Redevelopment Al~ency possesses the power to
acquire by girl, purchase or eminent domain any real property within thc community
redevelopment area:, and
WHEREAS, the City Commission of the City of Delray Bench, Florida, has been
requested by Resolution No. 02-02, adopted by the Delray Beach Community
Redevelopment Agency, to authorize the acquisition in fee simple by girl, purchase or
eminent domain, of certain property described therein; and
WHEREAS, Section 163.370(1)(cX2), Florida Sxa~utes, further provides that a
community redevelopment agency may not exercise any power of crainent domain
urdcss thc exercise has been spccifically appr. ovcd by thc govcrning body of thc
municipality which cstnblished the agency; and
WHEREAS, the City Commission of the City of Delray Be, acK Florida, desires
approve or authorize the acquisition of the property hereinafter described by the
D¢lray Beach Community Redevelopmen! Agency by gift, purchase or erninem domain.
NOW, THEREFORE, BE IT RESOLVED BY ~ CITY COMMISSION OF
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section. 1. That the Delray Beach Community Redevelopment Agency is hereby
authorized to aCquire fee simple title by gift, purchase or eminent domain that certain
property more specifically legally described as follows:
Tra~ B and C, BELAIR HEIOHT5 REPLAT according to
the plat th~eof r~orded in Plat Book 73, page 17 of the
Official Records of Palm Brach County, Florida.
S_ection 2. That this resolution shall take ¢ffr. ci imm~iately upon passage.
PASSED AND ADOPTED in regular s~ssion on this the
, 2002. "
Atl~st:
M~yor
City Clerk
DELRAY BEACH
COMMUNITY REDEVELOPMENT
AGENCY
May 1. 2002
· Susan Ruby, Esq.
City Attorney
City of Delray Beach
200 NW 1s' Avenue
Delray Beach, FL 33444
RE: Resolution 02-02
Dear Susan:
Enclosed is Resolution 02-02 which requests City Commission to authorize the CRA to purchase
property located at 910 and 926 West Atlantic Avenue. The CRA Board unanimously approved this
resolution at a special meeting held this morning. Also enclosed is a resolution prepared by Bill
Doney for City Commission to authorize this purchase.
If possible, we would like to have this item on City Commission's agenda for their meeting of May
7% Please return a fully executed copy to me after their approval.
Thank you. -
Sincerely,
Diane Hervey
Assistant to the Director
/d
enclosure
104 West Atlantic Avenue o Delray Beach. Florida -361-2'7(>8640 · Fax 561-2'76-85'38
10:01 t~4CE & DO~,EY ~ 1561276B558 N0.05'? I~
RESOL,UTI_ ON NO. ~'
^ RESO~.UT~O~ O~ Tm~ {~OAXD O~ CO~2VnSS~O~S
THeE DELRAY BEACH COMMUNTTY REDEVELOPlv~NT
AGENCY REQUESTING TIIE CITY COM]vlISSION OF TI~
CITY OF DELRAY BEACH TO AUTHORIZE Tt~
ACQUISITION IN F~E SIMP~ TITLE BY (3IFT~ PURCHASE
OR EMINENT DOMAIN OF CERTAIN PROPERTY
HEREINAFFER DESCRIBED, FINDING THAT SAID
PROPERTY IS ~£CF. SSAP. Y FOR THE ?UBUC PURPOSE
OF RED£VELO~'MEm' iN AC'COP. DANCE W~TH Tm~
CO~ p. EDEV~LO~'MEt~r PLAN; ~ FOR
OTHER PURPOSES.
WHEREAS, the Dell'ay Beach Community p,~levelopment Agency ham duly adopted
Co,,,-,,,,,~y Redev¢{opmeat P{an for the area v~,~,~,, its jurisdi~io-,; and
WHEREAS, as part of its Community Redevelopment Plan, (the"Plau"), the Communhy
Redevelopment Agency has established goals and objectives with respecl to the revitalization of
the dowutown business disl:rict and the redevelopment of the Wes! Atlami¢ Avenue
redevelopmen~ area; and
WHEREAS, n component of the above.described Plan is the aggregation of lands
necessary to facilitate redevelopment projects along the West Atlantic Avenue corridor; and
WHEREAS, the Community Redevelopment Agency has detel"~it~od thai it ii ill the
publi;'s interest to proceed with the acquisition of the properties herei~fter described by gil~,
purchase, or _,~mlnen! domain and pursuam to Chapter 1~3.330, em seq., ~.'boing
the "Community Redevelopment Act of 1969," il is appropriate to request the City of De{ray
Beach to authorize the Delray Beach Comm, m~ty Rudevclopmem Agency to exercise the power
of emiaem domain to the ex~en~ it determiues i~ uec~mary for the said acquisition of the
properties de~ribed below.
[~,,~/02 10:[~2 ~r~E g DO~Y '* 15~lk~t68558 NO. 03'?
NOW, THEREFORE, BE IT RESOLVED by thc Board of Commissioners ofthe Delray
Be,~h Community Redevelopmem Agency thai:
~onl)ne: The City Commission of the City of Delray Beach is hereby requested to
authorize the acquisition of the following real property legally described as follows:
Tracts B nnd_ C, BELAIR HEIGHTS REPLAT accordi,~g to ~
plat thereof recorded in Plat Book 73, page 17 of the Official
Records of Palm Beach County, Florida.
by gift, purchase, or eminent domnln as described in Chap~ 163.330, et seq.,
being the "Community Redeveiopmem Act of 1969," and Chapters 73 and '/4 Elp. Iidl.~u~.
The Debay Beach Commumty Redevelopment Agency shall acquire fee simple title to said
property by gilt, purchase, or emLnent domain following the delegation of the above-described
power of eminent domain.
The Board of Commissioners of the Commtmity Redevelopment Agency
hereby detr,,mmes that it is necessary to acquire the property descn'bed above pursuant to i~s
Community Redevelopmem Plan.
This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this
/ day of~ 2002.
Attested
\
COMMUNITY REDEVELOPMENT AGENCY
? >..?",,1
\'"1 ...... I
2
' rlTY OF DELRI:IY BEfli:H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
1993 DATE: May 1,2002
MEMORANDUM
TO:
FROM:
City Commission
Brian Shutt, Assistant City Attorney
SUBJECT: Agreement with Pineapple Grove Main Street
The attached agreement between the City and Pineapple Grove Main Street, Inc.
provides for the reimbursement of expenses, up to $45,000.00, paid by Pineapple
Grove Main Street for certain streetscape elements, consisting of accent lighting
and decorative pedestals. The City shall only be required to reimburse Pineapple
Grove Main Street when and if it receives the $45,000.00 from Palm Beach
County.
By copy of this memo to David Harden, our office requests that this item be placed
on the May 7, 2002 City Commission agenda. Please call if you have any
questions.
Attachment
CC:
David Harden, City Manager
Barbara Garito, City Clerk
Randal Krejcarek, City Engineer
AGREEMENT FOR FUNDING
OF STREETSCAPE ELEMENTS
THIS AGREEMENT is entered into this day of ,
2002 between CITY OF DELRAY BEACH, FLORIDA (City) and PINEAPPLE
GROVE MAIN STREET, INC. (Pineapple Grove).
WHEREAS, the City is constructing and has constructed roadway
improvements within the Pineapple Grove area; and
WHEREAS, the City desires to assist Pineapple Grove in the funding of
construction of certain streetscape elements and improvements.
NOW, THEREFORE, in consideration of mutual benefits to be derived
from the enhancements in the Pineapple Grove area and other good and
valuable consideration, the parties agree as follows:
Section 1. Roadway Expenditures: The City has expended monies in
excess of $45,000.00 for roadway improvements within the Pineapple Grove
area. The City has entered an agreement with Palm Beach County for
reimbursement for roadway improvements up to $45,000.00.
Section 2. Streetscape Improvement Fundinq: The City agrees to
contribute $45,000.00 of City funds to Pineapple Grove for certain streetscape
elements consisting of, but not limited to, accent lighting and decorative
pedestals, subject to the terms of this Agreement.
Section 3. Time of Fundinq: The payment by the City to Pineapple
Grove shall occur once the City is reimbursed for the roadway improvementS
from the County. If the City does not receive the monies from the County by
June 1, 2002 for the roadway improvements, this Agreement shall be null and
void with no force nor effect.
Section 4. Method of Payment:
Pineapple Grove within thirty days of
The City shall make payments to
the City's receipt of invoice(s) for
streetscape elements up to the amount set forth in Section 2 and on the condition
that monies are received by the City as set forth in Section 3 of this Agreement.
Section 5. Compliance with Codes and Laws: Each party agrees to
abide by all applicable laws, orders, rules and regulations.
Section 6. Liability: The parties to the Agreement shall not be deemed
to assume any liability for the negligent or wrongful acts, or omissions of the
other party. Nothing contained herein shall be construed as a waiver by either
party, of the liability limits established in Section 768.28, Florida Statutes.
Section 7. Modification and Amendments: Except as expressly
permitted herein to the contrary, no modification, amendment or alteration in the
terms or conditions contained herein shall be effective unless contained in a
wdtten document executed with
herewith.
Section 8. Remedies:
the same formality and equality of dignity
This Agreement shall be construed by and
governed by the laws of the State of Florida. Any and all legal action necessary
to enforce this Agreement shall 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 other 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.
Section 9. Entirety of A.qreement: This Agreement represents the
entire understanding between the parties, and supersedes all other negotiations,
representations, or agreements, either written or oral, relating to this Agreement.
Section 10. Effective Date: The effective date of this Agreement shall
be the date of full execution by both parties.
IN WITNESS WHEREOF, the parties have executed this Agreement and it
is effective on the date first written above.
ATTEST:
City Clerk
Approved as to Form:
CITY OF DELRAY BEACH, FLORIDA
By:
David W. Schmidt, Mayor
City Attorney
ATTEST:
PINEAPPLE GROVE WAY
MAINST~EET, lNG,/
STATE OF FLORIDA
COUNTY Of ~A-'t__,?,~_ ~_)~1:~'
- (~day
The foregoing instrument was acknowledged before me this l~ of
".]~. I'~I,L ,2002, by'"C"~-L_~t,3~-.b ~L~S ~ (name of officer or
agent, title of officer or agent) of ~'~.:~-_~¢/.~L~F__ t~.l~~~rne of
corporation acknowledging), a
incorporation) corporation, on behalf of the corporation.
known to me or h:: prod,_,c:d (type
identification) .as identification and did (did not) take an oath.
(state or place of
HeISt" is personally
of
Signature of Notary Publ~c - State
of Florida
4
05/02/2002
~2:12 4~9-798-3335
May 2, 2002
Mr. David Harden
City Manager
Qty of Delray Beach
100 NW 1~ Ave,
Delray Beacht FI 33~.~.~
DANE AND LEA MARK
RECEIVED
uA¥ 2- 200Z
CITY MANAGER
PAGE
01
Dear Mr. Harden,
Please put the Issues of my March 28m 2002 letter to you on this Tuesday's
agenda (May 7m).
In light that business was dramatically down from previous years, relief is sought
to justify the even more slow off-season months of ~une thru September.
It is my belief that offering residents a limited summer schedule Is better than
none at all,
Unfortunately, I will not be able to attend the meeting. I am able however, to
answer any questions by telephone should the need adse.
Captain Dane L. Mark
920 East Sixth St.
Lake~de, Oh~ 4344O
Telephone/Fax: 419-798-3333
Faxed and mailed 5/2/02
CC: Mr. Brian Shutt; As~. City Attorney
[ITY OF DELRflY BEflgH
RECEIVED
Piq ,1t- 2002
CITY UANAGER
CiTY ATTORNEY'S OFFICE
200 NW 1st AVENUE ' DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 ° FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
1993 DATE: April 3, 2002
MEMORANDUM
TO:
FROM:
David Harden, City Ma~er ~ _.,.,,..,/"-~
Brian Shutt, Assistant City Attorney
SUBJECT: Letter from Dane Mark Dated March 28, 2002
Our office was copied on the letter, attached hereto, from Dane Mark to you dated
March 28, 2002. The agreement that we have with Dane Mark provides that a
reduced schedule of 4 days a week for boat operation may be allowed from May 1
through January 19. The monthly payment is currently $1,150.00 per month.
Dane Mark has proposed a 3 day a week schedule with a payment of $600.00 per
month.
Dane Mark has also requested to use the "Susannah" during the summer months.
Per the terms of the agreement, this boat does not meet the size requirements.
The agreement further provides that Mr. Mark must notify the City by April 1 of
each year of his intention to use or not use the dock space at Veteran's Park.
If the City wished to allow Dane Mark to operate over the summer months in
accordance with his proposal, the agreement would need to be modified.
Attachment
cc: Joe Weldon, Director of Parks and Recreation
March 28, 2002
Mr. David Harden
City Manager; Delray Beach
100 N.W. Ist Ave.
Delray Beach, FL 33~,~,~.
RECEIVED
APR 2- 2002
CITY MANAGER
Dear Mr. Harden,
The Rockmore Co. operating cruises from Veteran's Park has agreed to continue
to operate through the coming summer months.
The schedule would be an off-season schedule of three days per week and with
their vessel "Susannah."
The passenger count for this season was dramatically down from past seasons,
which can be attributed to any number of reasons.
In view of the limited schedule it is asked if the dockage for the months of _lune
through September be reduced for this summer to $600.00 per month.
The last vessel operated during the summer months was back in 1995.
! continue to work towards bringing stability back to this operation so it may
successfully operate year around for years to come.
! await your reply. Thank you.
Captain Dane L.
Ramblin' Rose Riverboat, !nc.
920 East Sixth St.
Lakeside, Ohio 43440
CC: Brian Shutt; Assistant City Attorney
MEMQRANDI, JM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER?
AGENDA ITEM '~ ~ - REGULAR MEETING OF MAY 7, 200:~
GRANT APPLICATION TO CHILDREN'S SERVICES COUNCIl.
DATE: MAY 3, 2002
Staff is requesting authorization to submit a grant application to the Children's Services Council (CSC) for
funding in the approximate amount of $130,328 in support of our out of school program, day camps and
summer camp program.
Services are provided to 300 children at three (3) sites during the school year, approximately 50-55 children
in our 8 day camps (Holiday Camp, Spring Fling, One Day camps), and an additional 330 children as part
of our summer camp program.
I recommend that staff be authorized to submit the grant application.
$:\City Clexk\chevelle folder\agenda memos\chikh'en's services.05.07.02
[lTV OF DELRI:IY BER£H
DELRAY BEACH
Ail-America City
100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 · 561/243-7000
1993
2001 MEMORANDUM
TO:
FROM:
David Harden
City Manager
Joe Weldon
Director of Parks and Recreation
SUBJECT: Children's Services Council
DATE: May 2, 2002
The Parks and Recreation Department has completed its budget for the
fifth year of funding from the Children's Services Council for our out of
school program. We will serve 300 children at three (3) sites during the
school year, approximately 50-55 children in our 8 day camps (Holiday
Camp, Spring Fling, one day camps), and an additional 330 children as
part of our summer camp program. CSC funding will amount to
approximately $130,328. We are submitting for your review the agency
certification requirement with the attached agenda request.
Please place this on the May 21,
consideration.
2002 agenda for City Commission
D~ector of Parks and Recreation
Attachment
JW:cp
Ref:dhcsc02
Printed on Recycled Paper
THE EFFORT ALWAYS MATTERS
2002-03 CSC PROGRAM APPLICATION
AGENCY:
EXPLANATION OF 2002-03 PROJECTED BASE BUDGET AMOUNT
104 City of Delray Beach
PROGRAM:
Parks & Recreation Out-of-~chool Youth
2000-2001
PROGRAM
EXPENDITURES
$123,401
Represents your program's actual full-year expenditure of
CSC funds from 2000-01.
CAPITAL
.i.
ANNUALIZATION
+1-
ADJUSTMENTS
SUBTOTAL
x
2-YEAR TREND
2002-03 CSC
PROJECTED
BASE BUDGET
AMOUNT
$450
$0
$0
$122,951
1.060
$130,328
Capital expenditures are considered one-item costs and are
subtracted from the base program budget need for 2002-03.
The additional funding needed to fund that part of your program
that was phased-in during 2000-01.
Program-specific adjustments that are required in order to
accurately reflect your base program need.
A two-year inflation factor is applied to your budget to
determine the 2002-03 base program funding need.
Your 2002-03 application for CSC funds must not exceed
this amount.
F:12002-03 BsCalc2 104
2002-2003 CSC BASE PROGRAM APPLICATION
A. APPLICANT AGENCY
Executive Director:
Agency Name:
Address:
Telephone Number:
E-mail Address:
PROGRAM COVER PAGE
Joseph Weldon
City of Delra~ Beach Parks and Recreation
50 NW 1st Avenue
Delra~ Beach, Florida 33444
243-7250 Fax:
weldon@ci.delray-beach.fl.us
(561} 243-7268
PROGRAM
Lead Person for the Program:
Program Name:
Address:
Telephone Number:
Fax Number:
Tonva Smith
Out-of-School Youth Recreation/Enrichment
50 NW 1st Avenue
Delra~ Beach, Florida 33444
(561) 243-7249
(561) 243-7268
E-mailAddress: smithtc@ci.delra~-beach.fl.us
o
o
o
o
0
AGENCY CERTIFICATION
In submitting this application to CSC
City
certifies that:
of Delray Beach Parks and Recreation
(Agency Name)
1. The agency board of directors has approved this application at a meeting on
If approval is pe'nding at the time of submission, please check here. ~
(date)
All agency decisions regarding recruitment, hiring, promotions, release, and conditions of
employment will be made without regard to consideration of race, creed, religion, gender,
country of national origin, age, physical or mental handicap, marital status, sexual orientation
or any other factor which cannot lawfully be used as a basis for an employment decision;
3. The agency agrees to negotiate, if deemed necessary, with CSC to refine service levels,
procedures, outcomes, budget, and any other relevant matter for incorporation into a contract;
4. 'The applicant agency does not intend by this application to replace existing funding
resources with CSC funds;
o
The agency budget, submitted separately through the SAMIS system, but considered a part of
this application, is a reasonable estimate of the anticipated revenues and expenditures for the
activities proposed;
In accordance with the 2001-2002 CSC contract, the applicant agency will submit, within
180 days of the completion of the applicant's 2001-2002 fiscal year, a GAO Standard
Financial and Compliance Audit;
7. The applicant agency maintains governmental or 501c(3), (4), (6), (7) or (10) tax exemptiOn
status;
Any of the following documents are available and upon request by CSC will be produced by
the applicant agency within five (5) working days, but do not need to be submitted with this
proposal:
a. Articles of Incorporation
b. Agency Bylaws
c. Personnel Policies and Procedures
d. Job Descriptions for all CSC funded positions
e. Certificates of insurance and bonding
f. Licenses to operate Agency/Program
9. NO litigation is threatened or pending which could impair the applicant agency's ability to
fulfill the provisions of this application: and
10. NO adverse action is pending or threatened by any regulatory, licensing, or oversight agency
which could impair the applicant agency's ability to fulfill the provisiOns of this application.
If any of the above documents are not available or any of these statements cannot be made,
please explain below:
OFFICIALS AUTHORIZED TO SIGN AND BIND AGENCY TO APPLICATION:
(Authorized officials recognized by CSC are the Board Chair or President and Executive
Director.)
Signature of Chair or President
David T. Harden, City Manager
Print Name
Date:
ture of Executive Director
Joseph Weldon_. D~rector of Parks
Print Name
& Recreation Date:
m Z
Z
BUDGET SUMMARY FORM
2002-2003 Base Application
_ Agency Funded
Agency Name: Delray Beach Parks and Recreation by CSC Since:
Program Funded
Program Name: Out-of-School Youth Recrat±on/F. nrichmentby CSC Since:
Total Clients (Program)
Select I Capacity 3n(~ Children ~00 Families
Employees Funded by CSC (FTE) 1
FISCAL INFORMATION
2001-2002 2002-2003 $ %
BUDGET BUDGET CHANGE CHANGE
PROGRAM
CSCFunds $ 124,680 $ 130,328 !$ 5,648 9.6 %
Total Program Budget$ 294.830 $ 307,680 $ 12,850 9.6 %
CSC % of Program Budget 42.3 % 42~4%
AGENCY
TotalAgencyBudget $5,800,000 $6,300,000 $ 500,000 9.2 %
TotaICSCFunds(Agency) $ 124,680 $ 130,328 $ 5,648 9.6 %
CSC % of Agency Budget 2.3 % 2.1%
FOR CSC USE ONLY:
CSC Cost per Client $
(Capacity, Children, Family)
Instructions
1 Complete agency and program name and indicate date when CSC first funded each.
2 Give number of clients to be served by the CSC funded program by selecting only one of either
capacity or children or families.
3 Complete FTE's funded by CSC by adding percent of funded positions (whole or part). Note: 100% = 1 FTE
4 Complete other fiscal information for your program and agency giving comparison with previous year.
dollar change and percentage change.
5 Leave section "For CSC Use Only" blank
AGENCY NEPOTISM CERTIFICATION
City of Delray Beach
_ Agency N~me
Executive Director
OR
is in compliance with the CSC Nepotism Policy.
Date
is in compliance with the CSC Nepotism Policy
Agency Name
with the following exceptions:
Person's Name Related to Program Position
Chairman, Board of Directors
Date
Executive Director
Date
F:\Word~2002 - 2003~2002-2003 Funding Process\Base ApplicationsLa, gency Nepotism Certification.doc
APPLICATION SUBMISSION CHECKLIST
FOR
2002-2003 BASE APPLICATION
Verify that the application is complete, by checking each item listed below.
FORM/ITEM # OF PAGES CHECK
Program Cover Page 1
Cover Page completed and included
Program Model
Evaluation Model signed for "no change" and included
' OR
New Evaluation Model is completed and included
Certification Form 2
Include form complete ~vi~h'signatures by Board Chair &
Executive Director
Disclosure of Other Agency Funders 1
Budget Summary Form :', 1
Agency Nepotism Certification' 1
Budget N/A
Enter program budget information online at:
https//www. SAMISCSC.org
Program Budget Page 1 of 2
Fiscal Year:
Agency - Program
CSC Program Allocation
Current status:
FY 02-03
City of Delray Beach - Out of School Youth
Enrichment
$130,328.00
Edit
Salary Accounts
Program CSC Amended
Account Title
# Budget Allocation CSC
569.120 Regular Salaries and Wages $231,066.00 $106,795.00 $106,795.00
569.210 FZCA $17,682.00 $8,173.00 $8,173.00
569.220 Retirement Contributions $330.00 $330.00 $330.00
569.230 Life and Health Znsurance $5,080.00 $5,080.00 $5,080.00
569.240 Workers Compensation $18,158.00 $0.00 $0.00
569.2,50 Unemployment Compensation $30.00 $0.00 $0.00
". Totals $272,346.00 $120,378.00 $120,378.00
Expense Accounts
Program CSC Amended
Account Title
# Budget Allocation CSC
600.10! Travel/Transportation $201.00 $200.00 $200.00
600.102 Conferences/Registration/Travel $1,234.00 $1,234.00 $1,234.00
600.201 Building Space/Rent $0.00 $0.00 $0.00
600.301 Telephone $720.00 $0.00 $0.00
600.302 Postage & Shipping $200.00 $0.00 $0.00
600.303 Utilities (Power/Water/Gas) $0.00 $0.00 $0.00
600.401 Office Supplies $294.00 $294.00 $294.00
600.402 Program Supplies $6,480.00 $32.00 $32.00
600.403 Printing $440.00 $0.00 $0.00
600.501 Food Service $0.00 $0.00 $0.00
600.601 Professional Fees $29,220.00 $7,290.00 $7,290.00
600.602 Znsurance $4,430.00 $0.00 $0.00
600.603 Building Maintenance $0.00 $0.00 $0.00
600.604 Equipment Rental/Maintenance $14,610.00 $0.00 $0.00
600.605 Specific Assistance to Individuals $20,000.00 $0.00 $0.00
600.606 Dues & Subscription $100.00 $0.00 $0.00
600.607 Training & Development $1,210.00 $900.00 $900.00
.../pgm_budg__initial.asp?ProgId=26&Agency= 18&Program=26&Status=4&Year=2&Seetlon=A5/2/2002
Program Budget Page 2 of 2
600.608
600.609
600.610
600.611
600.701
600.801
Awards & Grants $0.00
Sponsored Events $0.00
Payments to Affiliated $0.00
Organizations
Miscellaneous $1,600.00
Indirect Cost $0.00
Capital Expenses (Equipment) $0.00
Totals $80,739.00
Grand Totals $353,085.00
$0.00 $0.00
$o.oo $o.oo
$o.oo $o.oo
$o.oo $o.oo
$o.oo $o.oo
$O.oo $o.oo
$9,950.00 $9,950.00
$130,328.00 $130,328.00
Comment
History Log:
New
Comment
History Log:
send TocSC ~, I savel UaCkI
.../pgm_budg_initial.asp?Progld=26&Agency=18&Program=26&Status=4&Year=2&Section=A5/2/2002
Budget Salary Worksheet Page 1 of 2
Fiscal Year:
Agency:
Program:
Current Status:
FY 02-03
City of Delray Beach
out of School Youth
Enrichment
Edit '
Comments Successfully Updated
% Time CSC
· Add Positi°n Position Last Name Hours/wk in Program Salary Fringe
' Program Alloe
Director -Rec Sup Smith 40 100% $33,320.00 $33,320.00 $10,779.00
_] Staff Assistant II Evans 30 100% $15,530.00 $0.00 $1,267.00
U Rec Sup II Martin 25 100% $13,050.00 $0.00 $2,094.00
, ~.] Rec Sup II Seabrooks 25 100% $13,050.00 $0.00 $2,094.00
]' ] Rec Sup II Jackson 25 100% $13,050.00 $0.00 $2,094.00
_J Rec Leader lll Bernard 20 100% $8,914.00 $5,043.00 $1,430.00
Rec Leader Ill Dempsey 20 100% $8,914.00 $5,043.00 $1,430.00
_] Rec Leader lll Augustin 20 100% $8,914.00 $5,043.00 $1,430.00
_] RecLeaderI[I Waters 20 100% $8,914.00 $5,043.00 $1,430.00
] Rec Leader I~ McCloud 20 100% $8,914.00 $5,043.00 $1,430.00
I'1 Rec Leader III Raymond 20 100% $8,914.00 $5,043.00 $1,430.00
'] Rec Leader Ill Augustin 20 100% $8,914.00 $5,043.00 $1,430.00
'l Rec Leader III Mitchell 20 100% $8,914.00 $5,043.00 $1,430.00
'1 Rec Leader III Mallory 20 100% $8,914.00 $5,043.00 $1,430.00
]'1 Rec Leader II Thomas 20 100% $7,070.00 $4,667.00 $1,134.00
Rec Leader II Rangel 20 100% $7,070.00 $4,667.00 $1,134.00
I'] Rec Leader II Brown 20 100% $7,070.00 $4,667.00 $1,134.00
' [ Rec Leader II Martin 20 100% $7,070;00 $4,667.00 $1,134.00
'1 Rec Leader II Lockett 20 100% $7,135.00 $4,710.00 $1,145.00
l'1 Rec Leader II Mounds 20 100% $7,135.00 $4,710.00 $1,145.00
'] Rec Leader II Jones 20 100% $6,610.00 $0.00 $1,061.00
'] Rec Leader II Vacant 20 100% $6,610.00 $0.00 $1,061.00
.../Budg_salary_wksht.asp?Progld=26&Hdr_ID=35&GL_ff)=l&Position_nm=&PType=c&Stal5/1/2002
· Budget Salary Worksheet Page 2 of 2
Item
Comments:
Rec Leader II Killingsworth 20 100% $7,070.00 $0.00 $1,134.00 $
05/01/2002 05/01/2002 05/01/2002 Included in the (9) Rec.
Leader III salaries is $1,274 to cover for Holiday/Spring
break camp. This is not funded by CSC. The total is
$11,460 -'
Summer Camp salaries follow: This is not funded by CSC.
.../Budg_salary_wksht. asp?ProgId=26&Hdr_ID=35&GL_ID= 1 &Position_nm=&PType=C&Sta 5/1/2002
Date: Ray 2, 2002
Request to be placed on:
Consent Agenda x
When: May 21, 2002
AGENDA ITEM NUMBER:
AGENDA REQUEST
Regular Agenda Workshop Agenda
Special Agenda
Description of Agenda Item (who, what, where, how much): Request approval to
apply for funding from. Children's Services Council in the approximate amount of
$130,328 for our Out of School Program, day camps and summer camp program.
Department Head~_~
Signature:
City Attorney Re~w/Recomrnendation (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: ~/No Initials:
Hold Until:
Agenda Coordinator Review:
Received:
(if applicable)
[ITY 0F DELAI:IY BBl[ll
CITY ATTORHEY'S OFFICE
TELEPHONE 561/243-7823 · FACSIMILE 561/243-7815
~ POLICE LEGAL ADVISOR
1993
To:
From:
Mr. David Harden, City Manager
Catherine M. Kozol, ~
Police Legal Advisor
Date: May 2, 2002
Re:
Traffic Enforcement Agreement
Sherwood Forest Homeowner's Association
Attached for your review and insertion on the Consent Agenda are three
originals of the Sherwood Forest Homeowner's Association Traffic Enforcement
Agreement. The Agreement will allow the Police Department to enforce state
and local traffic laws on the private roads of Clearbrook Estates. The
Department feels that allowing enforcement of state and local traffic laws will
enhance our presence in the area and have a more direct impact on crime in that
area.
The Association will pay $1.00 per month to cover the costs of
enforcement and will add the City as an additional insured on the liability
insurance po'licy for $100,000.00. A copy of the Certificate of Insurance is
attached.
If this agreement meets with your approval, please place this on the
Consent Agenda at the next Commission Meeting. When all the agreements
have been signed, I would appreciate it if you would return one original to me for
forwarding to the Homeowner's Association.
Thank you for your courtesy and attention.
Ath/encs.
cc: Susan Ruby, City Attorney
SHERWOOD FOREST HOMEOWNERS ASSOCIATION
TRAFFIC ENFORCEMENT AGREEMENT
WHEREAS, the CITY OF DELRAY BEACH, FLORIDA, (hereinafter
referred to as "CITY") through its Police Department, wishes to make its
Community Policing efforts in SHERWOOD FOREST as effective as possible;
and
WHEREAS, the SHERWOOD FOREST HOMEOWNER ASSOCIATION
(hereinafter referred'to as "ASSOCIATION") is desirous of the enforcement of
state and'municipal traf~ laws on its property; and
WHEREAS, both the CITY and the ASSOCIATION feels that such
enforcement will make the Community Policing effort a more positive influence
on the community; and
WHEREAS, F.S. 316.006(2),(b),(1),(2) allows for such enfomement on
private roads pursuant to a written agreement approved by the CITY Commission
which provides for reimbursement for actual costs of traffic control and
enforcement liability insurance and indemnification and other terms as are
mutually agreeable by the parties.
Now, therefore, for the mutual consideration, covenants, and matters set
forth herein, as of the date set forth below, the parties hereto do hereby agree as
follows:
1. The CITY does hereby agree to enforce all state and municipal traffic laws
on all private roads owned by the ASSOCIATION.
2. The enforcement of the traffic laws will occur 24 hours, 7 days a week.
3. The ASSOCIATION shall hereby pay to the CITY $1.00 per month to
cover the actual costs of the traffic control and enforcement incurred by the CITY.
4. The ASSOCIATION shall defend, indemnify and hold harmless the CITY,
its agents, officers, officials and employees from any and all claims, suits, causes
of actions or any claims whatsoever made arising from any and all acts of traffic
control and traffic enforcement that occur on the ASSOCIATION's property
following the date of this agreement. Nothing herein shall be deemed a waiver of
the privileges and immunities granted to the CITY under F.S. 768.28. This
indemnification shall survive the cancellation of this agreement.
5. The ASSOCIATION shall provide liability insurance to cover the
indemnification in the amount of $100,000 and name the CITY as an additional
insured.
6. This agreement shall take effect upon execution and approval by the
Delray Beach City Commission and the SHERWOOD FOREST HOMEOWNER
ASSOCIATION and shall continue in full force and effect until rescinded by either
party. Under no circumstances may this agreement be renewed, amended, or
extended except in writing.
7. Either party may cancel their participation in this agreement upon delivery
of 30 days written notice to the other party. Cancellation will be at the direction of
the subscribing party. ~.
8. In any action brought to enforce any provision of this agreement, the
prevailing party shall be entitled to the relief sought plus all costs incurred and
reasonable attorney's fees.
9. The ASSOCIATION, by signing below, affirms that they have read and
understand this agreement and that they have been given the opportunity to
have the attorney of their choice review this agreement.
agreement made
,2002.
and entered into on this
day of
City of Delray Beach, Florida
By:
City of Delray Beach
by Mayor David Schmidt
Sherwood Forest Homeowner Association
by Michael Rahrer, President.
ATTEST:
City Clerk
Approved as to form
' A"C_QI D,
RIVARD INSURANC~ AGENCY INC.
5350 10TH AVENUE NORTH, SUITE 1
LAKE WORTH, Fl_ 33411
Sherwood Forest Homeowners Assn., In~. e
p.o. Box 7688
Delray Beach, Flort,ia 33445 C
COMPANIES AFFORDING COVE. AAGE
NATIONWIDE MUTUAL INSURANCE
THIS IS TO CERTIFY THAT THE POMCJE S O~ IN~UI:~a~E LISTED B~OW ~ B~N i~UED TO ~E if~URED NAMED ABOVE FOR ~E ~ICY PERI~
~ ~ ~ O~ ~ER ~ENT W~H RESPE~ TO wHICH THIS
~RTIFICA~ ~Y ~E ~SU~ ~ MAY pERTAIN, T~ I~NCE A~ B Y THE
~CLU~ONS ~D C~DITI~S ~ S~ P~ ~S ~ ~Y ~ BE~ RED~ BY PAiD C~. __
~ ~ ~NCE ~ ~ ~ ~ ~ (~
~M~~ [=?-7-p~-17156~-0001 12/01/01 12/01/02
I
AUTOS I
, ..--i AN~ Au'ro
.~ mm~mmm~m
~R~ DAMAC1~ (~Y 0~e
5,000
S
Ail X.! UMBREI..L~ FORM I ~'?7-CU- 171564-0002
OTHER
A~
I'
City o£ Delray ~each
is an additional insured on
~
pollcy #77_PI~-1'71564-000 !
subject to the provisions of endorsement.:CG2013.- in regards to Traffic
,..~__.~..,..nforcement Agreemen
City of Delray Beac .
100 N.~. 1st Avenu~
Delray Beach, FL 3:~444 B~i~i~i~L~U~I~rIt~i~LLIMI~OBU~A~mU/~IUT~
Via Recorded Facsimile: 561-243-7815 ~ ,~~~ M~~I~
At~ention= Ann A~~E~
MEMORANDUM
TO:
FROM:
THRU:
DATE:
SUBJECT:
David Harden, City Manager
Kendra W. Graham, C. D. Specialist
Lula Butler, Community Improvement Director
May 3, 2002
Request for Subordination - Applicant (Truemela Peele)
ITEM BEFORE THE COMMISSION
City Commission authorization and approval to subordinate its second mortgage position
in the amount of $16,775.00 to allow the homeowner, Mrs. Truemela Peele, to refinance
her first mortgage at a lower rater and for a shorter loan term.
BACKGROUND
Mrs. Peele is a property owner within the CDBG Target Area. In January of 1997, she
participated in the City's housing rehabilitation program. Mrs. Peele was assisted with
funds from the HOME Program.
The rehabilitation assistance is secured by a Promissory Note/Second Mortgage approved
by the City Commission and requires the applicant to maintain ownership/residence for a
specified period according to the amount of the grant. Grant amounts less than $15,000
per unit are forgiven at a rate of 20% per year for a period of five (5) years and grant
amounts 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 January 2007.
RECOMMENDATION
Staff is recommending City Commission approval of Mrs. Peele's request to subordinate
its second mortgage position in the amount of $16,775. The subordination meets all the
requirements of the City's Subordination Policy.
[IT¥ OF DELRI1¥ BEI:IgH
CITY ATTORNEY'S OFFICE
200 NW Ist AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993 DATE: May 2, 2002
MEMORANDUM
Writer's Direct Line: 561/243-7091
TO:
FROM:
SUBJECT:
Kendra Graham, C.D. Specialist
Brian Shutt, Assistant City Attorney
Subordination Agreement - 814 S.W. 4th Avenue
The attached subordination agreement is approved as to legal, sufficiency and
form. · ·
Please call if you have any questions.
FEDEgltL
Gold Coast Federal Credit Union
P O BOX 16719, West Palm Beach, FL 33416-6719
Member Connection 561-965-1000
~ril 26, 2002
CI~ OF DRT~y
FAX# {561} 243-7221
~,~, ~r:lm' ~
814 ~ 4//**/AVE
DgLI~Y BFAC~ ~ 334-44
1~ Tz~emela Feele h~ been ~ for a loan by Oold (::~st ~
to ~fimce Mr ~nt ~rt~. ~ title ~ ~1~ .t~t t~
10 y~ ~t, ~ ~ ~t t~t ~ ~i~te this l i~ to
~ld ~t ~ ~ on t~ roll.lng;
1, Original lc~n tez~will be ~ ~ 30'~ to
15 years.
2. Original interest rate will be reduced to a fixed 5.50%
3, ~e ne~ l~an is mt subject to mg~tiv~a~ortiz~ti~n~cl
t~ l~~t will ~t ~ i~~ f~mm t~ t~~ff
=~t ~ t~ ~ts in~ in t~ closing of t~ t~cti~,
~nt~t. ~ ~tJ~tJon ~ ~t ~ t~s ~ j~, ~e ~
~rr~r will ~ re~ible for t~ ~ts.
If y~ ~~ a~Jt~ ~~t~ p~ ~ ~t ~tate to ~nt~t ~
at [561) 965-1~, ~t. 209. ~ ~ for ~ ~~tJ~ ~n ~s ~tt~.
BELLE GLADE MAIN OFFICE PORT ST;, LUCIE STUART
145 N. Main Sa, eat S-1G3 2226 S C, ongme~ Avo 10000 $ Fin~ral Hwy 1815 $,E, Ai~x:~
Belie Gla~ R. 33430 Wo~t Polm ~mch FL ~ Pon Sc Luc~o FL 3405,~. Smafl FL ~996
CU CENTER CU CENTER CU CENTER
l~0S S Oongm~ Ave 4060 PC~B~I 10445 Sou~em W~I
A?i~. Z~l. ZUUZ 1U'IZA~ ~:ULL~ (SOAS'I' ~'J~D UE~Di'f UNItJ~! NO, ;~]gZ ?.
S UI~ORDINATION A(~REEIVIENT
WI-I~IRI~AS, the ~d~i~ed ~ ~e o~e~ ~d hoI~ of~t ce~ tuG.gage
executed by T~emella Peel~ to Ci~ of D~lmy Beth. Flo~ to z~c~ ~ o~g~
indcbte~ess of $16.775.00, s~d, tuG. age being dat~ ~e 2~ day ofJ~ 1997,
~d r~corded on Septem~r 2, 1997 in ~he O~ci~ Recor~ B~963. page1954 i~ the
Public Records ofP~ Be~ch Cowry, Florid~ s~d ~o~gage enc~ng ~e
follo~ng describ~ l~d~ si~ ~ P~m B~ch Count, Flo~da:
Lot 5, ROSEMO~T ~S. ~T "A" accord~g ~ ~e Plat ~e~fon file in
O~ce of~e Clerk of~ C~cuit Co~ in ~d for P~m Beth Co~. Flo~da. recorded
in Plat Book 29, Page 153. TOGET~R wi~ ~e ~provem~ts ~ereon ~d ~e
~erein.
~ore co--only ~o~ ~ 814 S.W. 4~ Ave., Delray B~ch, Fl.
~~AS, a ~on or ~1 ~e l~ds ~oredescribed have ~n mo~g~ed by
T~emella W. P~le, ~a T~em~lla Peele to Gold Co~t F~ C~t U~on.
~erein~er called ~e LE~ER) to sec~e a morgue 1o~ of~ , s~d
morgue to ~e Len~r ~ing ~ted ~d filed ~ O~ci~ ~co~ Book
p~e , ~blic R~ords ofP~m Bc~h Co~ty, Florida: '
W~AS, ~e L~DER wo~d not close its mo~gage lo~ ~d disb~se
proce~ ~er~of~ss im mo~age were a ~st lien, superior ~ fight ~d digni~ to
lien of ~e Mo~gage held by the ~dersi~ed:
NOW THE~FO~: For ~d ~ co~idera~iom of ~e Doll~, ~ ~d paid by
the LENDE~ receipt whereof is hereby ac~owl~ged, ~d to induce ~e LE~ER
disb~se the proceeds of i~ morgue 1o~ ~orede~fibed, ~e ~d~si~ed do hereby
represent, w~t, coven~t ~d ~ee ~ follows:
I. ~a~ ~e ~o~g~e held by ~e ~de~i~ed ~d descH~d'~ ~e fir~
of the pre--blt of ~is Inden~e, tog~er ~ ~e ~deb~e~ess s~ed ~ereby,
o~ed by ~= underd~ed ~d ~at nei~ s~d mortgage nor smd indebm~ess ~ been
~si~ed, ~fe~ed, or pl~ged to ~y person whomsoever, so ~at ~e ~d~signed ~ve
~11 dght. ~d authoHw to execute ~s S~O~ATION
2. ~at ~e ~o~gage hcld by the ~dersign~ ~oredescribed ~ ~e first p~aph
o~the pre~ble offs Indent, ~d ~e s~e hereby is dccl~ to be for ~l
inferior ~d subordi~m in lien. right ~d dig~ to ~ tuG.gage held by ~ L~DER
h~einabove describe, j~t as ~ou~ said tuG.gage to ~e LE~ER ~ execute,
~cordcd ~d closed p~or to the ex~ufion of~e tuG. age held by ~e ~d~si~ed ~d
he.in subord~d.
IN WITNESS WHEREOF, the undersigned have hereunto set their hands and
seals this _ day of .2002,
Signed, sealed and delivered
/n the presence of:
Witness:
The City of Delray Beach. Fl.
Witaess: By:
Its: Community Development
County of: Palm Beach Coordinator
2002 byThe foregoing instrument was acknowledged before me this day of
' of Thc City of Dclray Beach, Pl. who is personally
known to me, and who did not take an oath.
Not4~y Public
£1T¥ OF llEl. llll¥ BEIt£H
DELRAY BEACH
1993
100 N.W. 1st AVENUE - DELRAY BEACH, FLORIDA 33444 - 561/243-7000
CITY OF DELRAY BEACH
COMMUNITY DEVELOPMENT DIVISION
SHIP and CDBG Subordination Policy
A homeowner assisted by the SHIP or CDBG program may not refinance his or her first
mortgage or take out a second mortgage unless the city agrees to subordinate its second
mortgage. The policy used by the City of Delray Beach regarding a subordination
request is as follows:
The City does not support the owner using equity for any items other than the house
itself. If the purpose of the new loan is for home repair or reasonable improvements,
the need must be substantiated by an inspection of the prope~y by a City of Delray
Beach housing rehabilitation inspector and/or estimates for the proposed repairs
furnished by the homeowner.
The City will not subordinate its mortgage for owners attempting to obtain a line of
credit or consolidate debt because this would enable them to increase their debt for
purposes other than home improvement. The City maintains that:
· Second mortgages are provided under the SHIP program to assist with
homeownership
· Grants are provided under the CDBG or SHIP programs for the exclusive
purpose of rehabilitating, enhancing and/or preserving real estate
If the owner wants to refinance the first mortgage at a lower rate and/or for a shorter
loan term, the City will subordinate if:
· additional money isn't being borrowed (unless its for home repair or
reasonable improvements)
· the resulting housing cost (PITI) does not exceed the housing cost (PITI)
calculation of the original loan
· the new loan is for a fixed interest rate
If the owner is taking out a second mortgage for necessary home repairs or reasonable
improvements, the City will subordinate if:
· the combined payments of the first and second mortgages do not exceed 35%
of gross income
· the loan is for a fixed interest rate
The City of Delray Beach recommends that homeowners who get behind in their
mortgage payments should immediately contact the Consumer Credit Counseling
Service at 1-800-330-2227for an appointment.
THE EFFORT ALWAYS MATTERS
Agenda Item No.:
AGENDA REQUEST
Request to be placed on:
__ Regular Agenda
Special Agenda
__ Workshop Agenda
xxxxx Consent Agenda
Date: May 3, 2002
When: May 7, 2002
Description of item:
Authorization and approval to subordinate the City's second mortgage position in the
amount of $16,775 to secure a lower rate and a shorter loan term for a Housing
Rehabilitation Program recipient.
ORDINANCE/RESOLUTION REQUIRED:
Recommendation:
Staff recommends approval and execution of the subordination agreement.
CDBG Total: Account Number:
YES/NO Draft Attached: YES/NO
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: YES/NO
Funding Alternatives:
Account No. & Description:
Account Balance:
(if applicable)
City Manager Review:
Approved for Agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM'""/' ~)~""/' / ~- REGULAR MEETING OF MAY 7. 2002
REPORT OF APPE/~I.ABIJR LAND DEVELOPMENT BOARD ACTIONS
DATE: MAY 3, 2002
Attached is the Report of Appealable Land Use Items for the period April 15, 2002 through May 3,
2002. It informs the Commission of the various land use actions taken by the designated boards, that
may be appealed by the City Commission.
Recommend review of the appealable actions for the period stated. Receive and file the report as
appropriate.
S:\City Clerk\chevelle folder\agenda memos\apagmem.05.07.02
TO:
THRU:
FROM:
SUBJECT:
DAV~. HAR~EN, CI7 MANAGER
PAUL DORLING, ~ I~R~ECTOR OF PLANNING
j~:::)/~ ~ AND ZONING
ASMIN ALLEN, PLANNER
MEETING OF MAY 7, 2002 *CONSENT AGENDA *
REPORT OF APPEALABLE LAND USE ITEMS APRIL 15, 2002
THRU MAY 3, 2002
The action requested of the City Commission is that of review of appealable actions
which were made by various Boards during the period of April 15, 2002 through May
3, 2002.
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 minimum has not
occurred). Section 2.4.7(E) 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.
Approved (7 to 0), the request for a determination of similarity of use to allow auto
detailing limited to employee use only, as an accessory use within the POC
(Planned Office Center) zoning district.
No other appealable items were considered by the Planning and Zoning Board. The
following items will be forwarded to the City Commission for action.
Recommended approval (6 to 0, Pike stepped down), of a conditional use request
to allow a density in excess of 30 dwelling units per acre (39.2 units per acre) for
the proposed 160-unit Pineapple Grove Village apartment complex, located on the
City Commission Documentation
Appealable Items Meeting of May 7, 2002
Page 2
east and west sides of NE 3rd Avenue, between NE 3rd Street and NE 2nd Street
and extending approximately 154 feet south of NE 2nd Street.
Recommended approval (6 to 0, Krall stepped down), of a preliminary/final plat for
Town Place, a proposed 16-unit townhouse development, located on the west side
of NE 6th Avenue (northbound Federal Highway), south of NE 2nd Street.
Recommended approval (7 to 0), of a preliminary/final plat for Swinton Gardens, a
proposed 11-1ot single family subdivision, located at the northwest corner of
Swinton Avenue and SW 10th Street.
1. Approved (5 to 0, Dabney-Battle and Stewart absent), a request for a fiat wall sign
at Joe Bonnie and Son Moving Storage, located on the east side of Congress
Avenue, north of Marty Fladell Drive (235 North Congress Avenue).
Approved (5 to 0), a request for a color change for the Central Fire Station,
located on the north side of West Atlantic Avenue, between NW 5th Avenue and
NW 6th Avenue (501 West Atlantic Avenue).
3. Approved (5 to 0), a request for a color change for East Haven Condo, located on
the west side of SE 7th Avenue, south of Atlantic Avenue (34 SE 7"~ Avenue).
4. Approved (5 to 0), a request for a color change for Koening Duplex, 213 NE 12th
street, located on the north side of NE 12th Street, east of Seacrest Boulevard (NE
2nd Avenue).
Granted (5 to 0), an eighteen (18) month extension of the site plan modification for
Boston's on the Beach, located on the west side of Ocean Boulevard, south of
Atlantic Avenue (40 South Ocean Boulevard).
Denied (5 to 0), a Class I site plan modification associated with fa(;ade changes
for Calhoun Valley Properties, located at the northeast corner of Seacrest
Boulevard (NE 2nd Avenue) and NE 22nd Street (2201 Seacrest Boulevard).
Approved (5 to 0), a Class I site plan modification associated with fa(;ade changes
for 1215 Wallace Drive, located on the east side of Wallace Drive, approximately
1,300 feet north of Linton Boulevard.
Approved (5 to 0), a Class IV site plan modification, landscape plan and
architectural elevation plan associated with the construction of a new 20,388
square foot building for the Boys and Girls Club, located on the north side of NW
7th Street, approximately 140 feet west of SW 14th Avenue (Auburn Avenue).
City Commission Documentation
Appealable Items Meeting of May 7, 2002
Page 3
9. Approved (4 to 1, Dowd dissenting), a Class V site plan for San Sebastian, a
proposed 32-unit townhouse development, located on the southeast and
southwest corners of NE 5th Avenue (southbound Federal Highway) and NE 3rd
Street. The associated landscape plan and architectural elevation plan were
tabled to allow the applicant to revise the architectural plan to address the
provision of additional architectural details. Concurrently, the Board granted the
following waivers/internal adjustment:
· Reduced the required stacking distance at NE 4th Avenue and the alley from 20'
to 15' and 9' respectively.
· Reduced the required maneuvering area at the dead-end parking bays from 6'x
24' to 6'x 23' and 4' x 22'.
· Reduced the required 20' sight visibility triangles at the intersection of the
eastern driveway and the alley, and the western driveway and NE 4th Avenue to
14'.
· Eliminated the required 5' wide landscape buffer along the south perimeter of
the property separating the vehicular use area from the adjacent property.
· Reduced the required 24' wide drive aisles to 20' and 22'.
1. Approved (5 to 0, Simon and Sloan absent), a Certificate of Appropriateness to
allow the installation of wood core windows with vinyl cladding on the front
elevation, and aluminum frame windows on the north, south and west elevations
for a contributing structure at 30 SE 1st Avenue, located on the west side of SE 1st
Avenue, south of Atlantic Avenue.
Approved (5 to 0), a Certificate of Appropriateness to allow the installation of a
free standing sign for Balinesian Spa & Wellness Center, located at the
northeast corner of Swinton Avenue and NE 2nd Street (5 NE 2nd Street).
Approved (5 to 0), a Class V site plan, landscape plan and Certificate of
Appropriateness associated with the demolition of a contributing accessory
structure and conversion of two single family residences to retail/commercial uses
for Sundy Harvest, located on the south side of SE 1st Street, between Swinton
Avenue and SE 1st Avenue. Concurrently, the Board approved a waiver reducing
the stacking distance from 20'to 15' along SE 1st Avenue.
Approved (5 to 0), a Certificate of Appropriateness associated with the installation
of a new roof, windows and storm panels for Winston Condos, a non-contributing
structure, located on the east side of Swinton Avenue, south of SE 1st Street (137
South Swinton Avenue).
Approved (5 to 0), waiver requests reducing the stacking distance and landscape
buffers for Management Systems, a proposed 2,400 square foot office building
City Commission Documentation
Appealable Items Meeting of May 7, 2002
Page 4
located at the southwest corner of NE 1st Avenue and NE 2nd Street. The
associated site plan and landscape plan were tabled as the Board wanted the
applicant to address the issue regarding the dedication of right-of-way for NE 1st
Avenue. The specific waivers are as follows:
· Reduced the required stacking distance along NE 1st Avenue from 5' to 2.5'
· Reduced the required landscape buffer between the vehicular use area and
NE 1st Avenue from 5' to 2'.
· Reduced the required landscape buffer between the vehicular use area and the
adjacent western property from 5' to 2'.
Approved (6 to 0), a Class II site plan modification and landscape plan for
Management Systems, located at the southwest corner of NE 1st Avenue and NE
2nd Street.
Approved (5 to 1, Elliott stepped down), the demolition of a non-contributing
structure located at 4 NE 2nd Street (south side of NE 2nd Street, east of Swinton
Avenue).
By motion, receive and file this report.
Attachment: Location Map.
CITY OF D£LRAY BEACH, FLOR/DA
- City Commission Meeting-
May 7, 2002
GULF STREAM BLVD.
L-30 CANAL
1
I I I
t-'-' l L ...................... fi
i_l ~ ...... .1
I
£O~SON SOO!.~ARO
8
LINTON BOULEVARD
i ; .....
-
................... .................... :.
N.W. 2ND ST.
S.V~ 2NDST.
C-t5 CANAL
$.P.R.A.B.
A, JOE BONNIE & SON MOVING STORAGE
B. CENTRAL FIRE STA T/ON
C, EAST HAVEN CONDO
D. ROENING DUPLEX
E. BOSTON'S ON THE BEACH
F. CALHOUN VALLEY PROPERTIES
G, 1215 WALLACE DRIVE
H. BOYS & GIRLS CLUB
I. SAN SEBASTIAN
H.P.B.
I. 30 S.E. 1STAVENUE
2. BALINESIAN SPA & WELLNESS CENTER
3. SUNDY HARVEST
4. WINSTON CONDOS
5. MANAGEMENT SYSTEMS
6. 4 N.E. 2ND STREET
CiTY LIMITS
ONE MILE
GRAPHIC SCALE
CITY OF DELRAY BEACH, FL
PLANNING & ZONING DEPARTMENT
2002
- - D/G/TAL BASE MAP SYSTEM ·.
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~'x~~
AGENDA ITEM ',..3--. REGULAR MEETING OF MAY 7, Z00~ AWARD OF BIDS
AND ¢ONTRAC
DATE: MAY 3, 2002
This is before the City Commission to approve the award of the following bids:
Purchase award to Turner Outdoor Equipment in the total amount of $22,623.44
via the Orange County School Board Bid #99434-08 for one (1) John Deere
Tractor/Front End Loader for the Delray Beach Golf Course. Funding is available
from 4454761-57244.90 (Delray Beach Municipal Golf Course Fund/Other
Machinery/Equipment).
Purchase award to Hector Turf in the amount of $17,499.39 via General Sen, ices
Administration (GSA) contract #GSO7F-8722D (18HO) for one (1) Greensmaster
3100 (18HP) tractor. Funding is available from 4464761-57244.90 (Lakeview
Golf Course Fund/Other Machinery/Equipment).
Service award to Pressure Cleaning Services, Inc. (sole service provider) in the total
amount of $16,800.00 for the cleaning (descaling) of Clarifier #1 at the Water
Treatment Plant. Funding is available from 441-5122-536-34.90 (Water Treatment
& Storage/Other Contractual Services).
Purchase award to Municipal Code Corporation in the amount of $14,000.00 for
the reprint and codification of the City Code of Ordinances to include thirty-seven
(37) new books and a computer software program. Funding is available from 001-
1411-51247.90 (Other Printing Costs).
Recommend approval of the above bids and purchases.
S:\City Clerk\chevelle folder~agenda memoMSid Memo.05.07.02
MEMORANDUM
TO:
FROM:
THROUGH:
DATE:
David Harden, City Manager
Jacklyn Rooney, Purchasing Supervisor
Joseph Saffor~~ce Director
April 30, 2001
SUBJECT:
DOCUMENTATION - CITY COMMISSION MEETING
MAY 07, 2002 - PURCHASE OF ONE (1) JOHN DEERE
TRACTOR/FRONT END LOADER FROM TURNER
OUTDOOR EQUIPMENT VIA ORANGE COUNTY
SCHOOL BOARD BID #99-04-08
Item Before Commission:
City Commission is requested to approve award to Turner Outdoor Equipment for the purchase
of one (1) John Deere Tractor/Front End Loader (5220) via the Orange County School Board Bid
#99-04-08 for a total amount of $22,623.44.
Background:
The Delray Beach Municipal Golf Course is in need of this piece of equipment to use at the
Delray Beach Municipal Golf Course and Lakeview Golf Course which has special turf tires and
a removable front-end loader. This makes the tractor more versatile and useful for the golf
courses.
This tractor/front end loader is available from Turner Outdoor Equipment via the Orange County
School Board Bid #99-04-08 at a 29% discount from original cost for a total of $22,623.44. See
attached price quote from Turner Outdoor Equipment dated April 18, 2002. Also attached is the
Contract Extension letter from Orange County Schools extending the contract till July 27, 2002.
The Delray Beach Municipal Golf Course and Assistant City Manager recommends the award to
Turner Outdoor Equipment per attached documentation dated April 18, 2002.
Recommendation:
Purchasing staff recommends award to Turner Outdoor Equipment for the purchase one (1)
tractor/front end loader from Turner Outdoor Equipment via the Orange County School Board
Bid #99-04-08 for a total amout of $22,623.44. Funding from account codes 445-4761-572-
64.90.
Attachments
Memo From Golf Course
Orange County Contract Extension
Memo from Turner Outdoor Equipment
Memo
To:. Mau'y Both EUrsky
From. Tom Arendt
CC:
Date:. 3/22/O2
Re: Tractor purct~ Deiray.
We have budgeteO $55,[T)0 for equipment purchases at the Delray course and
$20,000 for the Lakeview fadlity.
Due to the operationai nature of the two courses We look at the total equipment
15..urchase ,::apitol budget of $75,000 as one figure and plan our purchasing
accordingly.
So far this fiscal year (200?) we have spent $5,500 on an equipment lift at the Delray
course.
We ne¢.<l to purchas~.~ .3 tractor/front end loader that we would use between tho two
courses.
The unit we recommend purchasing in a John Deera model 5200 with special turf
tires and a removable front-end loader. This machine is very. versatile and is more
useful to us than a dedicated front,Zend loader.
The list pdce for this rr,achine is $31,864. However the dty can piggyback purchase
the. unit from the Orange County School Board bid ¢/9984-08. This bid provides a
-28~¢discount off list This brings ourcost d°wn to
I recommend we pur,.J~ase this tractor.
· Pege I
F~× NO. : 5G1 272 4494 ~p~. 18 2002 0~:52PM P~
FROM : TURNER OUTDOOR EQUIPMENT
JOHN DEERE WORLDWIDE COMMERCIAL & CONSUMER EQUIPMENT DIVISION
2000 JoI'm Deere Rrm, Cary,, NC 27513 [J.S.A. TEL 919-804-2000
CITY OF DELRAY BEACH
ORDER CODE QTY
Quo'rE
DESCRIPTION
18TH APRIL 2002
LIST PRICE
600DLV 1 5220 JOHN DEERE TRACTOR $20,432.00
1000 1 2 WHEEl., DR1VVE IN BASE PRICE
1508 I ISOLATED OP STATION $ 1,005.00
2010 1 POWERREVERSER TRAN $ 2,885.00
3000 1 VERTICAL EXItAUST IN BASE PRICE
4015 1 TURF SPECIAL TIRES $ 1,28g.00
6206 1 FROUNT TURF TIRES $ 317.00
7020 1 TRIPLE REAR SCV $ 1464.00
7200 I LESS MID SCV IN BASE PRICE
7505 I TELESCOPING I,IFT I,INKS $ 271.00
208'1W11 1 521 LOADER 73"BUCKET $ 4,202.00
TOTAL LIST PRICE $31,864.00
ORANGE COUNTY SCttOOI, 'BID # 99-04-08
ITEM # 35 29% OFF LIST PRICE
-29% - $ 9,240.56
DELI VING DEALER.
TURNER OUTDOOR EQUIPMENT
2507 N FED HWY
DELRAY BEACH FI, 33483
YOUR PRICE
$22,623.44
FROM : TURNER OUTDOOR EQUIPMENT FAX N~. : 5~1 272 4494 Apr. 17 2002 03:27PM P2
Date: Augustl,2001
Government Sales Information
John Deere Company
CONTRACT EXTENSION
To:
Subject:
Florida Dealers
Orange County Schools-Landscape Equipment
Period: 28Jul'01 - 27Ju1'02
Contract: 99-04-08 COOPERATIVE PURCHASE!
Congratulations! We are excited to announce that we have been awarded an extension on the
Orange County 'Public Schools Contract. Remember this is' a cooperative purchr~e contract that
can'be extended to the political subdivisions, cities, and counties, pleZtse find the item number:;,
categories, and discounts below. There are opportunities to purchase 'other options at designated
discount per category.
Item NO 1 Category i °A-~ °f~'--~S~-~
19 .... 1 Hand Ileld Equipment - - '-~0~_~----~
20 Hand Held Repair Parts 0%
21 I Lawn & Garden Equipment 28%
........ 0%" ~
22
23
24
25
26
27
28
31
32
34
35
Lawn & Garden Repair Parts
Commercial Watk-Behir/d Mowers (36"- 60" cuffing decks)
Commercial Walk-Behind M. owe, s (36" -60" cuffing decks)
Repair Parts
Conunercia! Front Mount Mowers (60" and up)
Commercial From Mount Mowers (60" and up) Repair Parts
' '~'" 60"
Zero Turn Radius Mowers k~'~ --
Zero Turn Radius Mowers (54" - 60") Repair Parts
Off-road Utility Maintenance Vehicle
Off-road Utility Maintenance Vehicle Repair Parts
Compact Utility Tracers & Equipment (16- 40 PTO HP)
Exception* 790/990 Compact Utility Tractor & Equipment
Compact Utility Tractors & 'Repair parts (16 - 40 PTO HP)
Utility Tractors & Equipment (40 - 95 PTO ItP)
U'tility Tractors & Repair Partq (40 - 95 PTO HP)
28%
O~
23%
0%
28%
0%
28%
i0%~
0'70
29%
0%
Dealer Reimbursement
New dealer reimbursement is based on the PURCHASE ORDER AMOUNT.
FROM
TURNER OUTDOOR EQUIPMENT
FAX NO. : 561' 272 4494 Apr. 17 2002
IAI~N
0~:27PM P3
ORANGE COUNTY PUBLIC SCHOOLS
_ P~r~l~ ~:v;~ 6501 t~t.,~icXV~YOr~,
May 29, 2001
.--. Mr. Chad Arrnsttong .....
4401 Bland Road
Raleigh. NC 27609
Dear: Mr. Armstrong; .
The contract for lander, ape Equipment i~ due to expire on July 27, 2001. We wish to
consider our option to extend the contract for an additional one (1) year.
- I! you am' . s contract, please complete the following statament.
i, ~)f John Deem Company, agree to extend subject
contract until J~ ali provisions remaining In full force.
If you are not .interested in axtendlng this c~ntract, pleas;) complete the following
statement.
contract.
Would you please re[urn your response u~mall or FaX on or before June 8, 2001.
If you have any questions, do not hesitate to contact me. Slncerety,
vatede $. Hlght~wer
Procurement Specialist. Purchasing
_, John Deere Company, do not agree to extend subject
~11408/2~9~31-12:02 PM
AGENDA REQUEST
Request to be placed on: May 07, 2002
Date: April 30, 2002
XX Consent Agenda
Special Agenda
__ Workshop Agenda
Description of agenda item:
Approval for award toTurner Outdoor Equipment for the purchase of one (1) John Deere
Tractor/Front End Loader (5220) via the Orange County School Board Bid #99-04-08 for a total
amount of $22,623.44.
ORDINANCE/RESOLUTION REQUIRED: YES
Draft Attached: YES
NO
NO
Recommendation:
Approve award to Turner Outdoor Equipment for the purchase of one (1) John Deere
Tractor/Frogt End Loader (5220) via the Orange County School Board Bid #99-04-08 for a total
amount of,,~?.2,623.44. This is a 29% discount off original price.
Funding from account code 445-4761-572-64.90.
Department Head Signatu~.~ ~/' ~~
Determination of Consistency w}th'l~omprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all itel'ns icvpJYing expenditure of funds):
Funding available: Yes~.,,/~'
Funding alternatives:
(if applicable)
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for agenda:~
Hold Until:
No
Agenda Coordinator Review:
Received:
Action: Approved Disapproved
TO:
FROM:
THROUGH:
DATE:
SUBJECT:
MEMORANDUM
David Harden, City Manager
~ervisor
Jacklyn Ro~chasing Sul;
Joseph Saffor~ce Director
May 01, 2002
DOCUMENTATION - CITY COMMISSION MEETING
MAY 07, 2002 - PURCHASE AWARD
PURCHASE OF ONE (1) GREENSMASTER MOWER
FROM HECTOR TURF VIA GSA CONTRACT
Item Before Commission:
City Commission is requested to approve award to Hector Turf for the purchase of one (1) Toro
Greensmaster 3100 (18HP) Tractor Unit via the GSA (General Services Administration)
Contract #GS-07F-8722D for the total amount of $17,499.39.
Background:
The Delray Beach Municipal Golf Course is in need of one (1) greensmower for the Lakeview
Greens Golf Course. The current mower is being replaced as it has 2,800 hours and will be used
for mowing of the tees and the machine presently mowing tees will be saved for parts. See
attached memo dated March 22, 2002 from the Golf Course.
This greensmowers is available from Hector Turf via the GSA (General Service Administration)
Contract #GS-07F-8722D at $17,499.39 which was awarded to Century Equipment Inc. - Toro.
Hector Turf is the local dealer for the Toro products in South Florida Area and vendor has agreed
to extend the GSA Contract to the City of Delray Beach per attached memo dated April 30, 2002.
Also attached is the pricing schedule from the GSA Contract and the documentation from GSA
Federal Supply Service showing the award to Century Equipment Inc. - Toro. (The GSA
contract has been extended to February 28, 2006)
Recommendation:
Purchasing staff recommends award to Hector Turf for the purchase of one (1) Toro
Greensmaster 3100 (18HP) Tractor Unit at a total amount of $17,499.39. Funding from account
code 446-4761-572-64.90.
Attachments
Memo fi'om Golf Course
Memo from Hector Turf
Memo
To: Mary Beth Birsky
From:Tom Arendt
CC::
Dm.- 3/22/02
Re: Greens mower pun:ha.~
We have budgeted $55,000 for equipment purchases at the Delray course and
$20,000 for the Lakeview facility.
Due to the operational nature of the two courses we look at the total equipment
purchase capitol budget of $75,000 as one figure and plan our purchasing
accordingly.
So far this fiscal year (2002) we have spent $5,500 on an equipment lift at the Delray
course.
We have requested $31,000 for the purchase of a rough mower for Lakeview.
We have requested $22,942 for the purchase of a tractor/front and loader for the
Deiray course.
We are also in need of a greens mower for the Delray course. We purchased one
unit last year and have to replace the other this year. We have 2,800 hours on the
machine we are replacing and we will move that machine to mowing tees. The
machine presently mowing tees will be saved for parts.
We recommend purchase of a Toro model 3100 mower. We have parts, extra reels,
and attachments such as verticutter units that am worth thousands.
We can purchase ~is
pdca of $17,499~g.
cast iron rollers. ~
mower off of a GSA contract GS007F-8722D (attached) for the
This pdca includes traction unit, 11 blade cutting heads, and
· Page I
HECTOR TURF SALES 8S4?~S~?01 04/B0/0~ OS:~4pm P. 001
1301 N,W. THIRD STREET / DEERFIELD BEACH, FL 33442
TEL: (954) 429-3200 · FAX: (954) 360-7657
April 30, 2002
Ms. Jackie Roomey
Purchasing VIA FAX: 561-243-7166
City of Delray Beach
320 SW 4tn Street
DeIray Beach, FL 33444
Dear Ms. Roomey:
Hector Turf will honor the G.S.A. pricing for one (1) Toro Greensmaster at $17,499.99
for the City of Delray Beach.
Thank you.
SincereIy,
HECTOR TURF
Michael J. Leising
Senior Account Representative
Commercial/Irrigation Products
MJL:Ik
CC: J.B. Limberg
MODET.
SIN-NO NUMBER
341-100 04052.
341-700 04122
EFFECTI'VE1.~,~CH 1, 1996 THRU FEBR~LRY 28, 2006
CONTRACT NUMBE~: QS-07F-8722D
DESCRIPTION
GRZENSNASTBR 1000
21" GT. EENSMASTER 1000
(INCLUDES ALUMINUM WIRn~.~. ROT.T.I~TI~}
GREKNSM~STER 1000 OPTI0t~L ACCESSORIES
WHEEL KIT
4,648.87
98.17
341-300 04356
341-700 14-06~9
341-200 04404
341-200 04406
341-200 04408
_341r200 04%50
341-200 ~4468
341-700 04412
341-700 04414
3~1-700 04~24
541-700 ~4426
341-700 21-6540
G'R.EENSM:AS~ 3100 TIUtCTZ~ UNITS
GREENSMASTER 3100 (18~P)
GRE.EN~TBR 3100 '~u-~-z~u ~S
5 B~E ~ ~, ~ ~LY ~.
8 B~E ~G ~T ~, 4-~LT ~S~
11 B~E ~G ~T, 4-~LT ~S~
~ B~E ~G ~T, 4-BOLT ~~
11 B~E ~~ ~, S~ ~ ~-
8 B~E ~G ~IT, S~G~ ~ ~S~
~~ 3100 ~F-T-~
~ ~0~ RO~.~.~ ~ (~ OF 3)
~A~ ~ ~T (S~ OF 3)
~T IR~ ~'~ RO~.~ ~ ~
WI~ RO~ (ECONO~ - ~)
13,571.25
179.19
1,108.80
1,097.25
970.20
1,149.22
~,114.~-
288.75
292.22
480.48
96..55
GROONDS PRO 2000
341-300 02002
GROUNDS PRO 2000
GROUNDS PRO 2000 AXLEB
341-700 02200
3 .WHEEL A~T,~ ..
GROUNDS PRO 2000 SEATS
341-700 30769
341-700 02305
341-200 03434
341-200 03436
341-700 02100
341-200 03437
341-200 03439
341-700 02101
CUSHION SEAT KIT
DELUXE SEAT KIT
GROUNDS PRO 2000
SET #1 - FI~ ~uM) (Inaludes Skid Kit)
BLADE LEFT FIXED HEAD CUTTING UNIT
(Requires 2)
5 BLADE RIGHT FIXED HEAD CUTTIN~ UNIT
SET#2 - FLOATZN~
8 BLADE LEFT FLOATING HEAD CUTTING UNIT
(requires 2)
8 BLADE RIGHT FLOATING HEAD C~TTING UNIT
FLOATING HEAD LIFT KIT
~ROUNDS PRO 2000 ATTAC~NTS
341-400 02202
DEBRIS BLOWER
PRICES QUOTED FOB DESTI/~ATIONWITHI/~THE 48'~ONTZG~O~S ~TAXES,
OR NEAREST PORT OF EMBARKATION FOR OVERSEAS'SHIPMenTS
51168.62
311.85
-267.96
· 438.90
1,108~80
1,108.80
519.75
1,420.65
1,420.65
565.95
2,079.00
~A~HINGTON DC,
PAGE 4
AGENDA ITEM NUMBER:
AGENDA REQUEST
Request to be placed on: May 07, 2002
Date: May 01, 2002
XX Consent Agenda __ Special Agenda __ Workshop Agenda
Description of agenda item:
Approval for award to Hector Turf for the purchase of one (1) Greensmaster 3100 (18HP) tractor
via the GSA (General Services Administration) Contract #GS-07F-8722D for Lakeview Greens
Golf Course for a total amount of $17,499.39.
ORDINANCE/RESOLUTION REQUIRED: YES
Draft Attached: YES
NO
NO
Recommendation:
Approve award to Hector Turf for the purchase of one (1) Greensmaster 3100 (18HP) tractor via
the GSA (General Services Administration) Contract #GS-07F-8722D (18HO) for a total amount
of$17,499.39. Funding from~cc, e~code 446-4761-572-64.90.
Department Head Signature:/'~ '. . r "'''~'~ / ~''~''~'''''~ j i,,. ~~-~'~
Determination of Consistency w~Comprehensive~Plan:' ~,
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding available: Yes ,V'/~ No
Funding alternatives:
(if applicable)
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for agenda: '~
Hold Until:
No
Agenda Coordinator Review:
Received:
Action: Approved Disapproved
MEMORANDUM
TO:
FROM:
THROUGH:
DATE:
SUBJECT:
David T. Harden, City Manager
Jacklyn Rooney, Purchasing Supervisor
Joseph Saffo~~ance Director
April 30, 2002
DOCUMENTATION - CITY COMMISSION MEETING
MAY 07, 2002 - APPROVAL FOR AWARD TO
PRESSURE CLEANING SERVICES FOR CLEANING
CLARIFIERS AT WATER TREATMENT PLANT
Item Before Commission:
City Commission is requested to approve award to Pressure Cleaning Services, Inc.
cleaning (descaling) of Clarifier #1 at the Water Treatment Plant for a total of $16,800.
for the
Background:
In 1999, City Commission approved award to Pressure Cleaning Services, Inc. for cleaning of the
City's clarifiers, drains, and cross-over piping. This award was based on bids received from the
only two (2) known vendors who did this type of work (Pressure Cleaning Services and Heavy
Duty Hydroblasting).
Heavy Duty Hydroblasting is no longer offering this service. Therefore, Pressure Cleaning
Services has submitted a proposal for the cleaning of Clarfier #1 for the total amount of $16,800.
John Bullard, Manager of the Water Treatment Plant recommends the award to Pressure
Cleaning Services, Inc. per attached memo dated April 15, 2002 and requisition #96059, as they
are best qualified to complete this work and they have all the proper equipment and trained
personnel to do the job.
Recommendation:
Staff recommends the approval for the award to Pressure Cleaning Services, Inc. for the cleaning
of the clarifiers, drains and cross-over piping at the Water Treatment Plant for the total amount of
$16,800. Funding from account code 441-5122-536-34.90.
Attachments:
Memo From Manager of Water Treatment Plant dated 04/15/02
Pricing fi:om Pressure Cleaning Services Inc.
3
m o :=
H o
o ~: ~
~ o H
0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0
0 ~ 0 0 0 i~ 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0
00000000 0
00000000 0
00000000 0
0~000~00 0
00000000
00000000
00000000
~ 00000000
0 O
0
0
0 0
0 ~
H
~ 0
AGENDA REQUEST
Request to be placed on: May 07, 2002
Date: April 30, 2002
XX Consent Agenda __ Special Agenda __ Workshop Agenda
Description of agenda item:
Approval for award to Pressure Cleaning Services, Inc. for cleaning (descaling) of Clarfier #1 at
the Water Treatment Plant for the total of $16,800.
ORDINANCE/RESOLUTION REQUIRED: YES
Draft Attached: YES
NO
NO
Recommendation:
Approve award to Pressure Cleaning Services, Inc. for cleaning (descaling) of Clarifier #1 at the
Water Treatment Plant for a total amount of $16,800. Pressure Cleaning Services, Inc. is the only
known vendor who does this type of work based on quotes requested in 1999.
Funding from account code 441-5122-536-34.90.
Department Head Signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all item~i involving expenditure of funds):
Funding available: Yes ~_J~ No
Funding alternatives:
Account Number:
Account Description:
Account Balance:
City Manager Review:
Approved for agenda.~
Hold Until:
Agenda Coordinator Review:
Received:
(if applicable)
No
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGE~
AGENDA ITEM ~,,~.-REGULAR MEETING
REPRINT AND CODIFICATION OF
ORDINANCES
OF MAY 7, 2002
CITY CODE OF
DATE: MAY 3, 2002
The City Clerk's Depasunent is responsible for the maintenance of the City Code of
Ordinances, which must be codified or updated, in a timely fashion. The codification
previously was done in-house, copies provided to all the departments, and occasionally
volumes were sold to the public. However, this project was constantly being set aside for
daily duties.
The City Clerk's office and MIS Division have worked together to find an outside firm to
provide the codification and a system with software compatible with the City's current
network. It was anticipated that the codebook be placed on the network for access by all
city departments. In addition, a hyperlink would be provided for placement on the City's
Website, which will link directly to the codebook for public access.
During the 2001-2002 budget process it was estimated to cost $20,000 to reprint and codify
the code, however, staff has met with MCC to negotiate a reduced figure based on the City's
current predicament. MCC has agreed to republish the City's Code of Ordinances for an
amount up to $14,000. They will supply 37 new books and a computer software program,
Folio Bound V'ie~vs, in order for the codebook to be accessible electronically. In addition, they
will provide a compact disc (CD) to update the software program. The Clerk's office will
maintain this disc thereby providing a historical reference.
Therefore, staff is recommending the City Code of Ordinance be reprinted and codified by
Municipal Code Corporation (MCC) for the amount of $14,000 to be funded from account
001-1411-512-47.90 (Other Printing Costs). These funds become available during the mid-
year budget adjustment.
&\City Clerk\Chevelle folder\Agenda Memos\Municipal Code Corporation
Memorandum
To: David Harden, City Manag~
From: Barbara Garito, City Clerk
Date: March 28, 2002
Re: Republication of Code of Ordinances
Included in the mid-year budget analysis response to the Finance Department, I am
requesting funds to republish the City's Code of Ordinances using services provided by
Municipal Code Corporation (MCC) for an amount up to $14,000. Currently, the City's
Code of Ordinances has not been updated with approved Ordinances since August 2000.
MCC will supply 37 new books and a computer software program, Folio Bound Views, in
order for the code book to be accessible electronically.
The MIS Department was also involved in the research of the republication due to the
necessity of software compatibility with the City's current network. It is anticipated that the
code book will be placed on the network for access to all departments to view at any time.
In addition, a hyperlink will be provided for placement on the City's website which will link
directly to the code book for public access.
After republication of the code book, bimonthly electronic supplements will be provided to
the City at a cost of $23 per amended page, and hardcopy supplements for insertion into the
code books will be supplied semiannually at no additional cost. For example, if the City
amends 30 pages of the code book during a one-year period, the annual cost will be
$690.00. Supplement fees will have to be included in the City Clerk Department's annual
budgets.
In addition, the City Clerk's Department occasionally receives requests for codes that were
in effect during a specific year. At the present time, there are only a few code books
retained from previous republications, therefore the information available is very limited
since replaced pages were never retained for referencing. Because MCC will be sending a
compact disc (CD) to update the software program, the City Clerk's Department can
maintain the CDs as a reference item and be able to obtain codes that were in effect for any
given time from the republication forward.
This project was originally submitted in the City Clerk Department's 2001-2002 Proposed
Budget at a cost of $20,000 (see attachment), but was not approved by Administration.
Staff has met with MCC to negotiate a reduced figure based on the City's current
predicament. Attached please find a copy of MCC's proposal for your review and approval
for inclusion in the mid-year budget amendment. Thank you for consideration.
PROFESSIONAL SERVICES PROPOSAL
The MUNICIPAL CODE CORPORATION, a corporation duly authorized and existing under
the laws of the State of Florida, hereinafter referred to as MCC, hereby offers to republish the Code of
Ordinances for the CITY OF DELRAY BEACH, FLORIDA, a municipal corporation duly organized
and existing under state law, hereinafter referred to as the City, according to the following terms and
conditions.
REPUBLICATION OF THE CODE
(1) CITY TO FURNISH DISKS. MCC will utilize the City's disks in the republication process,
as outlined in this proposal. MCC will be responsible for transferring thc data to a professional format,
incorporating appropriate coding for boldface catchlines and italics.
(2) EDITORIAL WORK. The editorial work on the Code will include the following:
a)
Incorporate Ordinances. The ordinances of the City enacted subsequent to the latest
ordinance included in the existing Code will be incorporated into the codification in their
appropriate places. The amended or repealed provisions will be removed and the new
provisions inserted.
b) Cross References and Footnotes. Cross references will be prepared to tie together
related sections of the Code.
c) History Notes. A history note will be prepared for each section of the Code affected by
amcndatory ordinance.
d) Title or Chapter analysis. Each title will list all chapters; each chapter will be preceded
by a detailed analysis listing the sections.
(3) INDEX. A comprehensive, legal and factual general Index for the entire Code will be
prepared. All sections are indexed under major subjects with appropriate section citations. Columnar
citations are used to enhance the ease of reference.
(4) TABLES.
a)
b)
The following Tables will be prepared for the new Code:
Table of contents. This table will list the titles or chapters of the Code, and other
applicable major divisions, giving the page number upon which each begins.
Comparative Table. This table will list the ordinances included in thc Code, in
chronological sequence, setting out the location of such ordinances in the Code.
A table will also be prepared setting out all sections of the prior Code included in the
new Code.
(5) PAGE COMPOSITION AND PROOFS. After generic coding has been inserted into thc
text, the pages will be composed and one set of proofs will be sent to the City for review. The City may
make word changes on the proofs without charge. However, the City will be charged for changes or
deletions constituting more than one page of type.
It shall be the duty of the City to return the proofs, with the changes indicated thereon within forty-
five (45) days from the date of their receipt. If proofs are not returned within forty-five (45) days, and no
notice to the contrary is received by MCC, it will be assumed that no changes are to be made. MCC will
then proceed to print the Code and no changes shall thereafter be allowed.
Should the City request to review the proofs beyond forty-five (45) days but fails to return them
within five (5) months, the contract balance shall become due and payable. Upon mutual agreement
regarding time and compensation, MCC shall update the proofs with subsequent enactments before
delivery of the printed Code.
MCC guarantees typographical correctness. Errors attributable to MCC will be corrected
throughout the term of the contract, without charge to the City. MCC's liability for all services shall extend
only to thc correcting of errors in the Code or future supplements, not to any acts or occurrences as a result
of such errors, and only so long as the contract is in effect.
(6) PRINTING AND BINDING. When the proofs are returned by the City, MCC will proceed
with printing and binding the Code in accordance with the following:
a) Copies. The number of copies desired by the City, will be printed on 50 lb. white offset
paper.
b) Pagefortnat. The page size w/Il be consistent with the format chosen by the City: 8 2 x
11 inches, single column or 8 2 x 11 inches, double column (samples attached).
c)
Type size. Various type sizes are available for text. Should the City desire a type size
larger, or smaller, than ten-point, notice should be given to MCC prior to notice of
completion of the editorial work.
d)
Tables and graphics. Tables, drawings, designs, Algebra formulae, graphics, or other
material that require special methods of reproduction or modification, will be charged as
set out on the Quotation Sheet. MCC will require an electronic file of the tables and
graphics included in the Code and/or a clean printed copy.
e)
Binding. MCC will bind copies of the completed Code in expandable post binders with
slide lock fasteners. Covers will be imitation leather and available colors are black,
burgundy, blue, or green, with gold lettering. Other binder choices are available (D-ring
and three-ring). Cost may vary. Additional binders can be ordered at any time at the then
current prices.
Separator tabs. MCC will furnish separator tab sheets (mylar tabs, printed both sides)
for the bound Codes. The tabs will reflect the major divisions or chapters of the Code
volume.
OPTIONAL SERVICES AVAILABLE
2
(1) UPDATE STATE LAW REFERENCES. MCC offers to update and add state law
references as a part of thc editorial work.
(2) CODE FURNISHED ELECTRONICALLY. The Code can be furnished in a variety of
electronic formats as described below. All formats will be updated through the most recently published
ordinance in thc printed Code. Formats include:
Folio BoundVIEWS. This is a full text search engine that supports standard Boolean
logic, phrase searching, proximity searching and word stemming to include word
variations and synonyms in searches. Every word of the Code is electronically indexed so
queries are performed on thc entire Code. A powerful context-sensitive, on-line help
system is included within Folio BoundVIEWS, though thc software is sufficiently
intuitive to use without consulting the help library.
Code on the web. The Code may also be included on MCC=s web site
(www.municode.com). The site contains a collection of more than 1,000 local
government Codes and is available to anyone with Interact access. All Codes on the site
arc integrated with Foho web search engine and amendments to the Code are
incorporated as the book is updated. A link to the City=s web site can also be provided.
c)
Word processing format. The master database of the Code can easily be converted into
most oftoday=s popular word processing formats, e.g., Word, WordPerfect, and RTF.
Alternatively, the Code can be provided in a generic text format such as ASCII.
Support and training. Telephone support for all of the above-mentioned programs is
available during working hours by calling our toll-free number (800-262-CODE). Most
problems are resolved in one call and this support is free of charge. Installing software is
easily accomplished by the City IT staff, although MCC=s support is available during
installation, if needed. All of the above-mentioned programs are very intuitive and
typically do not require separate training, however, on-site training is available. A written
quotation will be provided upon request.
(3) REPRINT PAMPHLETS. Additional copies of specific chapters or any portion of the Code
may be printed and bound in paper covers for separate sale or distribution by the City. Quotations for
specific chapters in pamphlet format will be fumished upon request.
SUPPLEMENT SERVICE
(1) ORDINANCES TO BE FURNISHED BY CITY. The City shall forward to MCC copies of
the ordinances upon final enactment by the City. The ordinances may be furnished in hard copy, on
diskettes or via c-mail (ords~mail.municode.com).
(2) SCHEDULE. After shipment of the new Code, MCC will keep the Code up-to-date by the
publication of Supplements which will contain thc new ordinances of a general and p¢ii~anent nature
enacted by thc governing body. The Supplements can be published on a schedule to meet thc requirements
of the City. There is no additional charge for frequent publication. A minimum of thirty (30) working
days will be required for delivery of a Supplement.
(3) ELECTRONIC SUPPLEMENTATION. If the City has chosen to receive the Code in
electronic media, as set out in Part Two of this agreement, MCC can provide the Supplements
electronically on a schedule to meet the City's needs, e.g. monthly or bimonthly. The City may choose to
have hard copy Supplements printed less frequently. The electronic media will reflect the entire Code as
updated through the most recent Supplement.
(4) EDITORIAL SCRUTINY. The new ordinances will be studied by a member of the editorial
staff of MCC in conjunction with the existing provisions of the Code for the purpose of determining if any
provisions of the basic Code are repealed, amended or superseded. The page or pages of the Code
containing provisions that are repealed or amended by ordinance shall be reprinted or printed to remove
such repealed or amended provisions and to insert the new ordinances.
(5) EDITORIAL NOTES. Appropriate editorial notes will be prepared and appended as deemed
necessary by MCC. State law references appended to the new ordinances by the City Attorney will be
included as appropriate footnotes.
(6) INDEX AND TABLES. When the inclusion of new material necessitates changes in the
Index, appropriate entries will be prepared and the necessary pages of the Index will be printed or reprinted
to include the new entries.
The Comparative and State Law Reference Tables will be kept up-to-date to reflect the new
ordinances and state law citations, if any, included in each Supplement. The Table of Contents will also be
kept current to reflect changes in the Code.
(7) INSTRUCTION SHEET. Each Supplement will contain a page of instructions for removal
of the obsolete pages and insertion of the new pages. The latest ordinance included in the published
Supplement will be noted in boldface type on the Instruction Sheet.
4
(8) CHECKLIST. A checklist of up-to-date pages will be prepared and kept current for the
benefit of the user. The checklist of up-to-date pages will allow instant determination of whether the user
is relying on a page reflecting current ordinances.
(9) GRAPHICS. Should the Supplement contain tables, drawings or graphics for which special
methods of reproduction or modification are required, the costs will be as set out on the Quotation Sheet.
(10) REPRINTS. The looseleafreprint pamphlets, which contain certain portions of the Code,
including appropriate Index, will be kept up-to-date at the same time the Code volume is supplemented, if
desired.
(11) SAMPLE ORDINANCE SERVICE. Sample provisions of specific subjects will be
furnished upon request. A sample ordinance index will be furnished for use in requesting the desired
sample provisions.
(12) ANNUAL STATE LAW REVIEW; REPORT. MCC will review annually the state law
changes and submit a report to the City Attorney of any changes which may affect local government Codes
generally. If an extensive legal review of the Code is required based on massive state law changes, this
review will be as provided below.
(13) ANALYZATION OF CODE. At the request of the City and at a cost to be agreed upon in
advance, MCC will analyze the Code on a chapter-by-chapter basis against the current state law, and
submit written recommendations to the City Attorney as to any Code changes deemed necessary or
desirable as a result of such analyzation. MCC's attorney will work with the City Attorney in drafting
legislation as deemed necessary.
The cost for the analyzation and drafting services would be on an hourly basis, not to exceed a
specific number of hours as agreed upon by MCC and the City.
(14) SHIPMENT; DISTRIBUTION. Supplements will be shipped to the City for distribution to
the holders of the Codes. However, storage, distribution and billing services for outside users are
available through MCC=s Distribution Services. Prices will be furnished upon request. The City will have
the exclusive right to sell the Codes and Supplements unless otherwise agreed to by the parties.
(15) TERMINATION. The Supplement Service as provided herein shall be in full force and
effect for a period of three (3) years from the date of shipment of the completed Code to the City.
Thereafter, the Supplement Service will be automatically renewed from year to year, provided that either
party may alter or cancel the terms of this Part Three upon sixty (60) days' written notice.
' OrAr oN
.
PART ONE - REPUBLICATION
O)
Base cost, includes
a) Editorial work
b) Page Composition and proofs
c) Indexing
d) Printing and binding
i. Number of copies
ii. Number of binders
iii. Number of sets of special order tabs
iv. Estimated pages (please choose desired format)~
[] 8 2 x 11 inches, single column
[] 8 2 x 11 inches, double column
$11,800
37
37
37
900
650
(2)
Base cost does not include:
a) Pages in excess of those listed above
will be billed as follows:
i. 8 2 x 11 inches, single column
ii. 8 2 x 11 inches, double column
b) Graphics, additional charge each2
c) Freight charges (invoiced upon shipment)
d) State sales tax, if applicable
$13
$18
$10
prepaid
PART TWO - OPTIONAL SERVICES AVAILABLE
(1) Updating state law references
quotation upon request
(2)
Electronic Code:
a) Data integrated with Folio Bound VIEWS
b)
c)
d)
e)
three (3) licenses
Each additional license
Site license for up to 15 users
Code on the Internet (includes up to four updates per year)
Members of Florida League of Cities
(includes up to four updates)
no charge
$100
$1,700
no charge
Code formatted for word processing Quotation upon request
(3) Reprints
PART THREE - SUPPLEMENT SERVICE
Quotation upon request
lA page is defined as the area on one side of a sheet of paper. A sheet contains two (2) pages.
2If a graphic is larger than one page, the charge is then per page.
6
(1) Annual fee for Supplements
(2) Number of copies
(3) Cost per page
a)
b)
c)
d)
e)
8 2 x 11 inches, single column
8 2 x 11 inches, double column
Graphics, additional charge each3
One set of updated electronic media, per Supplement
(cost in addition to regular Supplement per page charge)
Additional sets of updated electronic media, per set
(4)
Electronic Supplementation (Costs include hard copy
supplements on a semiannual or annual basis.)
b)
Quarterly or bimonthly schedule, cost per page:
i. 82 x 11 inches, single column
ii. 82 x 11 inches, double column
Monthly schedule cost per page:
i. 82 x 11 inches, single column
ii. 82 x 11 inches, double column
(5)
Sample Ordinance Service - during the first year
following shipment of the Code
(6) Annual State Law Review; Report
PAYMENT (May be revised to meet the budgetary requirements of the City.)
(1) Upon signing of the contract
(2) Upon receipt of proofs
(3) Balance upon delivery of Code.
(4)
Payment for the Supplement Service will be duc
upon receipt of an invoice. Supplements will be
invoiced when shipped.
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Freight charges will be prepaid and invoiced at time
of final billing.
none
37
$19
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3If a graphic is larger than one page, the charge is then per page.
7
This proposal shall be valid for a period of ninety (90) days from the date appearing below.
Submitted by:
MUNICIPAL CODE CORPORATION
Wimess
President\CEO
March 28, 2002
Accepted by:
DELRAY BEACH, FLORIDA
Wimess
Title:
Date
AGENDA REQUEST
Request to be placed on:
X Consent Agenda
__ Regular Agenda
__ Workshop Agenda
__ Special Agenda
When: May 7, 2002
Description of agenda item (who, what, where, how much): Reprint and codification of the
City Code of Ordinances to include 37 new books, a computer software program, Folio
Bound Views and accessibility of the City Code of Ordinances electronically for the public.
Funds become available during the mid-year budget adjustment in the amount of $14,000
from account 001-1411-512-47.90 (Other printing costs). The City Clerk's staff and MIS
Division recommend approval.
Department Head~
Signature:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (req.[~.i. red on all items involving expenditure of funds):
Funding Available: /~e~'"e)/No initials: y}, {aV
Account Number 001-1411-512-47.90
Description Other Printing Costs
Account Bahnce: $14,000 (Mid-year Adjustment).
Funding Alternatives:
City Manager Review:
Approved for Agenda: ~/
Hold Until:
Agenda Coordinator Review:
Received:
No Initials:
(if applicable)
TO:
THRU:
FROM:
SUBJECT:
PAUL DORLING, DIRECTOR OF PLAN~I,~G AND ZONING
SCOTT D. PAPE, SENIOR PLANNER..~...~¢~..._
MEETING OF MAY 7, 2002
APPEAL OF THE SITE PLAN REVIEW AND APPEARANCE BOARD'S APPROVAL
OF THE BUILDING ELEVATIONS ASSOCIATED WITH THE SHERWOOD PONTIAC
DEALERSHIP.
The action requested of the City Commission is that of consideration of an appeal of the Site Plan
Review and Appearance Board's approval of the building elevations associated with a Class III site
plan modification for Sherwood Pontiac. The subject property is located on the west side of South
Federal Highway, approximately 600' north of Fladell's Way (Avenue F) (2400 South Federal
Highway).
The SPRAB action was taken on April 10, 2002. The appeal of this action was submitted on April 19,
2002 by Roger G. Saberson, attorney for Sherwood Pontiac GMC Truck, Inc. The appeal is being
processed pursuant to LDR Section 2.4.7(E) Appeals.
The development proposal involves a Class III site plan modification for the expansion of an existing
car dealership. The modification was for a second story 2,255 square foot parts storage addition over
the customer "write-up" area that is currently under construction on the north side of the showroom.
The proposed modifications also included changes to the approved building elevations that included
deletion of the approved store-front overhead door for the write-up area with a metal "roll-up"
overhead door and relocation of the air conditioning units to the west side of the showroom. A
complete analysis of the proposal is found in the attached Site Plan Review and Appearance Board
staff report.
At its meeting of April 10, 2002, SPRAB considered the Class III site plan and building elevation
modifications for Sherwood Pontiac. The Board approved the Class III site plan modification and
building elevations subject to conditions. The building elevations were approved subject to the
condition that the store-front overhead doors previously approved be maintained or that an alternative
decorative door be provided rather than the proposed roll-up metal door.
Pursuant to LDR Section 4.4.10(G)(4)(a), service bay doors shall not be oriented toward any adjacent
residentially-zoned property, except where currently existing, nor oriented toward any adjacent public
street unless it can be demonstrated to the Site Plan Review and Appearance Board that it is not
feasible to comply. At its meeting of November 15, 2000, the Site Plan Review and Appearance
Board approved the major modification to the property that included demolition of the existing
showroom and construction of a new showroom with a write-up building along the north side. The
write-up building contained a store-front style overhead door that consisted of multi-pane windows.
As noted previously, the applicant requested replacing the store-front overhead door with a non-
decorative metal roll-up door. The Board denied this request since the write-up area doors will be
City Commission Documentation
Meeting of May 7, 2002
Appeal of SPRAB Action - Sherwood Pontiac
Page 2
visible from Federal Highway and that the metal roll-up doors would be aesthetically incompatible
along this arterial road.
The Site Plan Review and Appearance Board action of April 10, 2002 has been appealed by Roger G.
Saberson, attorney for Sherwood Pontiac GMC Truck, Inc. Mr. Saberson has submitted the following
narrative as the basis for the appeal of the action taken by the Site Plan Review and Appearance
Board (SPRAB):
"The applicant submitted a superior building design (from that previously approved) related to the
showroom area and the area encompassing the overhead doors. The overhead door area is setback
approximately 80 feet from the primary exposure and this is considered a secondary element relative
to viewing or being seen from the right-of-way. Along with the aesthetic concerns the applicant is also
facing other issues which relate to: Improved compliance with impact resistance criteria, better
security, and better overhead clearance in the service write up area of the dealership that would be
achieved by use so/id roll up metal overhead doors in lieu of sectional glass overhead doors. Also, it
should be kept in mind that these doors are in the open position during regular working hours.'
The condition of approval provides flexibility to the applicant with respect to allowing an alternative to
the store-front overhead door. The condition allows the applicant to either provide the store-front door
previously approved or an alternative decorative door. This allows the applicant to provide a door
system that is aesthetically superior to the metal roll-up door, while providing adequate security and
windstorm protection. Staff conducted a site visit of 24 dealerships that have frontage on an arterial
road within the City. Of these 24 dealerships, five have overhead doors that face the public right-of-
way. Two of these dealerships (Delray Lincoln Mercury and Autobahn) have decorative doors. The
three remaining dealerships (Maroone Ford, Saturn, and Sherwood Honda) are inconspicuous since
they either have a substantial setback from the right-of-way or are screened from view by other
buildings at these dealerships. Staff recommends that the store-front overhead door be provided or
that an alternative decorative door be provided.
Uphold the Site Plan Review and Appearance Board's condition of approval to maintain the store-front
overheard doors or that an alternative decorative door is provided.
Attachments: SPRAB Staff Report date April 10, 2002
Appeal Letter
SITE PLAN REVIEW AND APPEARANCE BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING 'DATE:
AGENDA ITEM:
April 10, 2002
IV.A.
Sherwood Pontiac- Class III site plan modification and building elevations
associated with the addition of a 2,255 square foot second-story storage room.
GENERAL DATA:
Owner/Applicant ................ Sherwood Sheehan Jr.
Agent ................................. Mark Marsh
Digby Bridges, Marsh &
Associates, P.A.
Locationl ............................ West side of S. Federal Highway,
Property Size .....................
Future Land Use Map ........
Zoning ...............................
Adjacent Zoning ....... North:
East:
South:
West:
approximately 600 ft. north of
Fladell's Way.
4.77 Acres
General Commercial
AC (Automotive Commercial)
AC
AC
AC
OSR (Open Space and
Recreation)
Existing Land Use ............. Existing New/Used Car
Dealership, a body shop and
parking lot
Proposed Land Use .......... Addition of a second floor over
the approved write-up area,
modification of overhead, exterior
doors, and associated elevation
changes.
Water Service ................... Existing on-site.
Sewer Service ................... Existing on-site.
The action before the Board is that of approval of the following aspects of a Class III site
plan modification for the Sherwood Pontiac Dealership, pursuant to LDR Section
2.4.5(G)(1)(c):
Site Plan Modification; and,
Architectural Elevations.
The subject property is located on the west side of South Federal Highway,
approximately 600' north of Fladelrs Way (Avenue F) (2400 South Federal Highway).
The property consists of all of the Sherwood Pontiac Plat No. 1, which contains 4.77
acres. The proposed modification relates to the eastern portion of the property, which is
known as phase II and contains 2.85 acres. The following are the most recent land use
actions that relate to the property.
At its meeting of September 17, 1994, SPRAB approved with conditions a major site
plan modification for the west half of the Sherwood Pontiac site to construct a 2-story
12,600 sq.ft, body shop building containing 2,590 sq.ff, of office/storage, 2 spray booths,
and 10 service bays. However, a subsequent site plan modification eliminated the
second floor and reduced the square footage to 12,268 square feet according to City
records.
On May 8, 1996, SPRAB approved a major site plan modification for the east half of the
property to construct a new 38,403 square foot showroom/service building with 24
service bays and a write-up area and a quick lube bay together with a '~uture" second
floor addition for offices and pads storage. However, the improvements were never
constructed and the site plan expired on November 8, 1997.
On February 18, 1998, SPRAB approved a site plan modification to replace a 3,900
square foot used car sales modular office building with a 1,560 square foot modular
office building together with improvements to the parking area on the west side of the
trailer.
At its meeting of November 15, 2000, SPRAB approved a site plan modification that
included demolition of the existing showroom and construction of a 23,076 square foot
showroom, a 2,244 square foot write-up building, and a 3,528 square foot employee
lounge. The building permits for these improvements have been issued and
construction has started.
At its meeting of March 28, 2001, SPRAB approved a 1,344 square foot temporary
modular office building.
SPRAB S.taff Report "'." '
Sherwood Pontiac Dealership - Class III Site Plan Modification and Building Elevations
Page 2
A site plan modification has been submitted for the addition of a second floor over the
write-up area and phasing of the employee lounge area.
The development proposal involves the following:
n Construction of a 2,255 sq. ft. second floor addition to be located over the write-up
area on the north side of the showroom, which will be used for storage;
a Modification to the elevation of the north, south and east fagade of the building; and,
~ Relocation of the air conditioning units from the northeast corner of the building to
the southwest side of the showroom.
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(K) Development Standards Matrix:
The following table indicates that the proposal complies with LDR Section 4.3.4(K) as it
pertains to the AC zone district:
Side Interior (no~h) 17'
(south) 0'
Rear 10' 276'
Open Space
The development proposal provides a total of 17.4% open space and a minimum of
25% open space is required. At its meeting of November 15, 2000, SPRAB approved a
waiver to allow the reduced open space as the site plan modification included additional
open space thereby reducing the non-conformity. Since the modification includes the
addition of a second floor over the write-up area, open space is not affected.
SPRAB Staff Report
Sherwood Pontiac Dealership - Class III Site Plan Modification and Building Elevations
Page 3
LDR Chapter 4.6 Supplementary District Requlations:
Parking:
Pursuant to Section 4.6.9(C)(3)(f), automobile dealerships are required to provide 4
spaces per 1,000 sq.ft, of total floor area, excluding indoor display areas. The proposed
2,255 square foot storage floor area requires an additional 10 parking spaces for a total
of 198 parking spaces for the dealership. The proposed site plan complies with the total
parking requirement as 310 spaces have been provided.
Technical Items: While the revised site plan has accommodated most of the staff
concerns the following item remains outstanding, and will need be addressed
prior to building permit submittal.
1. That a revised landscape plan is provided indicating the screening method of the air
conditioning units.
The proposal is to construct a 2,255 square foot second-story over the write-up area for
storage purposes. The elevations of the showroom have been modified from the
previous approval. The height of the addition will be consistent with the height of the
showroom. The fascia has been modified to include a scored stucco band at the top,
which will be painted grey. The proposed fascia has been continued to the north and
south sides of the showroom. The elevations have been modified to eliminate the
decorative columns and replace with plain columns. The applicant proposes to
eliminate the decorative store-front overhead doors on the write-up area and replace
them with metal roll-up doors. The applicant proposes to install the roll-up metal doors
to maximize the amount of clearance within the write-up area and provided better
security. Since these doors are visible from Federal Highway, a condition of approval is
attached that the decorative store-front doors are maintained or other decorative doors
provided.
Pursuant to LDR Section 2.4.5(G)(1)(c)(Class III Site Plan Modification), a Class III
site plan modification is a modification to a site plan which represents either a
change in intensity of use, or which affects the spatial relationship among
improvements on the land, requires partial review of Performance Standards
found in LDR Sections 3.1.1 and 3.2.3, as well as required findings of LDR Section
2.4.5(G)(5).
Pursuant to LDR Section 2.4.5 (G)(5) (Findin.qs), with a Class III site plan
modification formal findings under Section 3.1.1 are not required. However, a
finding that the proposed changes do not significantly affect the originally
approved plan must be made concurrent with approval of a Class III modification.
SPRAB Staff Report
Sherwoo~ Pontiac Dealership - Class III Site Plan Modification and Building Elevations
Page 4
The development proposal involves a 2,255 square foot expansion to the second floor
of the previously approved write-up area (under construction) for the automobile
dealership. The proposed modification will not have an adverse impact on the
surrounding area. Pursuant to LDR Section 2.4.5(G)(5), this minor modification does
not significantly impact the previous findings as they relate to consistency with the.
Future Land Use Map, Concurrency or the Comprehensive Plan. Compliance with the
Land Development Regulations was discussed eadier in this report. The development
proposars minor impact on Concurrency issues are discussed below.
Traffic:
A traffic statement has been submitted based on an increased net floor area of 2,255
square feet of storage area. The study indicates that the net increase in floor area will
generate 72 net average daily trips per day onto the surrounding roadway network.
Federal Highway is currently operating at a level-of-service of "D" with 30,646 average
weekly trips. The proposed modification will not cause the reduction of the level-of-
service to an "F" rating along Federal Highway. The traffic statement has transmitted to
the Palm Beach County Traffic Engineering Division. There is no problem anticipated
associated with traffic concurrency. However, a condition of approval is attached, that a
letter be submitted from the Palm Beach County Traffic Engineering Division that
indicates concurrency with respect to the increased floor area. Based upon the above,
a positive finding with respect to traffic concurrency can be made.
Solid Waste:
The proposed 2,255 sq. ft. addition will generate 10.37 tons of solid waste per year
(2,255 sq.ft, x 9.2 Ib./sq.ft./year = 20,746 lbs/2,000 lb. = 10.37 tons). The Solid Waste
Authority indicates in its annual report that the established level of service standards for
solid waste will be met for all developments until 2021 and as this parcel was
envisioned for this type of use, it was factored into the County-wide assessment for
solid waste.
The development proposal is not located in an area, which requires review by the CRA
(Community Redevelopment Agency) or the DDA (Downtown Development Authority).
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic
associations:
PROD
President's Council
Tropic Harbor HOA
SPRAB S. taff Report ..
Sherwood Pontiac Dealership - Class III Site Plan Modification and Building Elevations
Page 5
Pelican Harbor HOA
Tropic Isles HOA
Pelican Pointe HOA
Tropic Bay HOA
Tropic Palm HOA
Letters of support and objection, if any, will be presented at the SPRAB meeting.
The development proposal involves a 2,255 sq.ft, second floor addition to the approved
showroom and service building, which is currently under construction. The proposal will
be consistent with LDR Section 3.1.1 and Section 2.4.5(G)(5) of the Land Development
Regulations, and policies of the Comprehensive Plan. Compliance with the Land
Development Regulations will be obtained provided the conditions of approval are
addressed. Furthermore, the provision of metal overhead doors will detract from the
aesthetics of the building and surrounding area and should be replaced with a
decorative door system and is attached as a condition of approval. The development
proposal is compatible with the adjacent automotive commercial properties and will be
an enhancement to the area provided the overhead doors are decorative.
A. Continue with direction.
B. Approve the Class III site plan modification and architectural elevations for
Sherwood Pontiac Dealership, based upon positive findings with respect to
Section 3.1.1(Performance Standards) and Section 2.4.5(G)(5) (Findings) of the
Land Development Regulations and the policies of the Comprehensive Plan subject
to conditions.
C. Deny the Class III site plan modification and architectural elevations for Sherwood
Pontiac Dealership, with the basis stated.
By Separate Motions:
Site Plan:
Approve the Class III site plan modification for Sherwood Pontiac Dealership, based
on positive findings with respect to Chapter 3 (Performance Standards), and Section
2.4.5(G)(5) (Findings) of the Land Development Regulations and policies of the
Comprehensive Plan subject to the following conditions:
SPRAB S. taff Report
Sherwood Pontiac Dealership - Class III Site Plan Modification and Building Elevations
Page 6
1. That three (3) copies of the revised landscape plan is submitted indicating the
manner which the air conditioning units will be screened.
2. That a letter must be submitted from the Palm Beach County Traffic Engineering
Division that indicates a finding of concurrency for the proposal.
Elevations:
Approve the proposed elevations for Sherwood Pontiac Dealership, based on positive
findings with respect to LDR Section 4.6.18, subject to the following condition:
1. That the store-front overhead doom are maintained or other decorative doom
provided.
Attachments:
· Site Plan and Building Elevations
Report prepared by: Scott Pape, Senior Planner
il
I
!il
·
70 S.E. 4th Avenue
Delray Beach, FL 33483
LAW OFFICE OF
Go SABERSON
][2)oAo
April 18, 2002
City Clerk
City of Delray Beach
100 NW 1st Ave.
Delray Beach, FI. 33444
Re: Appeal of SPRAB Decision of April 10, 2002
Sherwood Pontiac
Dear City Clerk;
Please be advised that Sherwood Pontiac GMAC Truck, Inc., the applicant,
hereby appeals the decision of SPRAB on April 10, 2002.
Action Being Appealed &
Who Took the Action & Date:
The decision of SPRAB April 10, 2002
pertaining to Sherwood Pontiac located on
south Federal Highway.
Basis of Appeal:
The applicant submitted a superior building
design (from that previously approved) related
to the showroom area and the area
encompassing the overhead doors. The
overhead door area is setback approximately
80 feet from the primary exposure and this is
considered a secondary element relative to
viewing or being seen from the right of way.
Along with the aesthetic concerns the applicant
is also facing other issues which relate to:
improved compliance with impact resistance
criteria, better security, and better overhead
clearance in the service write up area of the
dealership that would be achieved by use solid
roll up metal overhead doors in lieu of sectional
glass overhead doors. Also, it should be kept in
mind that these doors are in the open position
during regular working hours.
RECEIVED,
APR 2 3 ZOOZ
City Clerk
April 19, 2002
Page 2
Relief Sought:
That the Commission grant the appeal and
enter its final order approving the application of
Sherwood Pontiac, as submitted to the City, for
use of solid roll up metal overhead doors.
Appellant and Interest in Matter:
The appellant is Sherwood Pontiac GMC
Truck, Inc., the applicant that filed and
processed the subject application, which was
denied. Sherwood Pontiac GMC Truck, Inc. is
the owner of the Pontiac GMC Truck dealership
located on the subject property.
Should you there be any questions, please do not hesitate to contact the
undersigned.
~ely yo~
Roge~'~aberson~'X'~~
CC.
Mr. Sherwood Sheehan
Mr. Mark Marsh
Menlo
To:
From:
Date:
Re:
David Harden, City Manager ~
Lula Butler, Director, Community Improvemen
May 3, 2002
Coral Trace Development/Construction Trailer Temporary Permit Extension
Request
ITEM BEFORE THE COMMISSION:
Consideration of the request from Jeffrey N. Spear developer of the Coral Trace Development to
extend the temporary permit issued by the Chief Building Official for the on-site construction trailer
to a period of up to six (6) months after final close-out of the project.
BACKGROUND:
Pursuant to LDR Section 2.4.6(H) Temporary Use Permit: The Chief Building Official has the
authority to grant a Temporary Use Permit for a construction trailer. Typically, the construction trailer
is removed from the site upon or soon after the last Certificate of Occupancy is issued.
The applicant has requested that he be able to maintain the temporary construction trailer on-site at
Coral Trace for 6 months after the completion of the last units citing the following reasons:
"During the last 12 months we have closed 165 units which are still under warranty. Due to the large
number of homes still in need of customer service, it will require a full time staff to be available to
coordinate the various subcontractors still having service responsibilities. Any meetings between
staff and homeowners will take place in their homes, not at the trailer".
A temporary construction trailer permit is issued based on it being just that. A site plan is not
required as part of the permit process to address code compliance items such as setbacks, parking,
landscaping and handicap accessibility. Once the last Certificate of Occupancy is issued for the last
unit, the City will no longer have any control or insurance that the public will not be coming to the
construction trailer. As the trailer does not comply with any code requirements, it could pose liability
issues. The City in the past has not granted an extension for this type of request, and if granted it
would be precedent setting. It is therefore recommended that the City Commission deny the
request.
RECOMMENDED ACTION:
By motion, deny the request from The Spear Group to allow the temporary construction trailer to
remain on the Coral Trace site 6 months after completion of the last unit for reasons stated above.
04/29/2002 15:18 954-792-7126 SPEAR GROUP PAGE 02
The Spear Group
3721 S.W. 47th Avenue
Suite 307
Ft. L~udem~Je, FIo~i¢:l~
33314-281S
954 "581.9000
FAX 9~ · 792-7126
April 29, 2002
Ms. Lula Butler
Director of Community Improvement
100 NW 1't Avenue
Delray Beach, FL 33444
Re: Coral Trace Project' Completion
Dear Ms. Butler:
We want to' request approval to leave the temporary construction office trailer on site for up
to 6 months after completion of our last units. During the last 12 months we have closed 165
units which are still under warranty. Due to the large number of homes still in need of
customer service, it will require a full time staff to be available to coordinate the various sub-
contractors still having service responsibilities. Any meetings between staff and homeowners
will take place in their homes, not at the trailer. Clearly having the trailer on site will be a
benefit to residents of Coral Trace without being a burden to the City of Delray Beach. We
appreciate your consideration of this request.
Sincerely,
SPEAR CORAl- CORP.
Jeffrey N. Spear
President
JNS/gs
Date: May 3, 2002
AGENDA ITEM NUMBER:
AGENDA REQUEST
Request to be placed on:
Consent Agenda X__ Regular Agenda
When: May 7. 2002
Description of agenda item (who, what, where, how much):
Workshop Agenda
Special Agenda
Consideration of the request from Jeffrey N Spear, developer of the Coral Trace
Development, to extend the temporary permit issued by the Chief Building Official for the
on-site construction trailer to a period of up to six (6) months after final dose-out of the
project.
Depa~h~ent Hea~ ,~ ~ .~
Signature: J ~ ~
~ le
Ci~A~omey~~~commen~fion (if app~cab ):
Buret Dkectot Renew (teq~ted on ~ items invoM~ expen&~e of ~):
F~g Arable: Yes / No I~:
Accost N~ber
Description
Account B~nce:
F~g ~tema6ves:
CiW M~aget Renew:
Hold Un~:
~enda Coordinator Renew:
Received:
(if applicable)
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY MAN/~ER ^
PAUL DORLING, DIRECTO~'~F P~ANN~'
CONDITIONAL USE REQUEST TO ALLOW A RESIDENTIAL
DENSITY OVER 30
DWELLING UNITS PER ACRE IN THE CENTRAL BUSINESS DISTRICT (CBD) FOR
PINEAPPLE GROVE VILLAGE LOCATED AT THE SOUTHWEST AND SOUTHEAST
CORNERS OF NE 3"~ STREET AND NE 3"~ AVENUE AND AT THE SOUTHWEST AND
SOUTHEAST CORNERS OF NE 2"= STREET AND NE 3"D AVENUE
The development proposal incorporates the properties consisting of Lots 13-24 of Block 82, Lots 9 and 10
Block 83, Lots 1-24 Block 90 of the Town of Linton plat and the north 153.3' of the parcel marked
"Thompson Park" of the Town of Linton plat and contains 4.08 acres. That portion of the property located
south of NE 2nd Street is zoned CBD (Central Business District) and that portion located north of NE 2nd
Street between NE 2nd Street and NE 3rd Street is zoned CBD-RC (Central Business District - Rail
Corridor).
The property contains 11 commercial and residential buildings that were constructed between 1940 and
1986. The property was rezoned from GC (General Commercial) zone district to CBD (Central Business
District) and CBD-RC (Central Business District - Rail Corridor) as part of the citywide rezoning on October
1, 1990. The property is located in the Pineapple Grove Main Street area, which was so designated in
August 1994.
At its meeting of April 15, 2002, the Planning and Zoning Board held a public hearing in conjunction with the
request. There were three people from the public that spoke in favor of the conditional use. One of these
people expressed a concern about the use of the alley as access to the residential parking and the potential
conflict this may have with the adjacent commercial delivery vehicles. The applicant discussed concerns
with respect to placing overhead utility lines underground. After discussing the proposal, the Board
unanimously voted to recommend approval of the residential development with a density greater than 30
dwelling units per acres (39.22 du/ac) subject to the conditions listed in the staff report dated April 15, 2002.
The Board directed staff to work with the property owners with respect to undergrounding utilities.
Subsequent to the Planning and Zoning Board meeting, staff has met with the applicant and adjacent
properties involving this issue.
Approve the Conditional Use request to allow a residential development with a density greater than 30
dwelling units for Pineapple Grove Village, based upon positive findings with respect to LDR Section
4.4.13(I) (Performance Standards for Density), the Pineapple Grove Neighborhood Plan, Chapter 3
(Performance Standards), and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development
Regulations, and consistency with the policies of the Comprehensive Plan, subject to the conditions
contained in the staff report.
Attachment: P&Z Staff Report and Documentation of April 15, 2002
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH
---STAFF REPORT---
MEETING DATE:
AGENDA ITEM:
ITEM:
April 15, 2002
IV.A.
Conditional Use ReqUest to Allow a Density in Excess of 30 Dwelling
Units Per Acre For the Proposed 160-Unit Pineapple Grove Village
Apartment Complex.
GENERAL DATA:
Owner ............................. RAM Development Company
Applicant ......................... Mike Hammon
Agent ............................. Slattery and Associates (Paul
Slattery)
Location .......................... Located on the East and West
Sides of NE 3rd Avenue,
Between NE 3rd Street and NE
2nd Street and Extending
Approximately 154 Feet South
of NE 2nd Street.
Property Size .................. 4.08 acres
Future Land Use Map ..... CC (Commercial Core)
Current Zoning ............... CBD - RC (Central Business
District - Rail Corridor) and
CBD (Central Business District)
Adjacent Zoning .... North: CBD- RC (Central Business
District & Rail Corridor)
East: CBD- RC (Central Business
District & Rail Corridor) & CF
(Community Facilities)
South: CBD (Central Business District)
West: CBD (Central Business District)
Existing Land Use .......... Commercial
Proposed Land Use ........ Construction of a 160-unit
apartment complex.
Water Service ................. Existing on site.
Sewer Service ................ Existing on site.
POST
OFFICE
ATLANTIC AVENUE
IV.A.
The action before the Board is making a recommendation to the City Commission on a
request for Conditional Use approval to allow a density over 30 dwelling units per acre
in the Central Business District (CBD) for Pineapple Grove Village, pursuant to LDR
Section 2.4.5(E):
The subject property is located at the southwest and southeast corners of NE 3rd Street
and NE 3rd Avenue and at the southwest and southeast corners of NE 2nd Street and
NE 3rd Avenue.
The development proposal incorporates the properties consisting of Lots 13-24 of Block
82, Lots 9 and 10 Block 83, Lots 1-24 Block 90 of the Town of Linton plat and the north
153.3' of the parcel marked "Thompson Park" of the Town of Linton plat and contains
4.08 acres. That portion of the property located south of NE 2nd Street is zoned CBD
(Central Business District) and that portion located between NE 2nd Street and NE 3rd
Street is zoned CBD-RC (Central Business District- Rail Corridor).
The property contains 11 commercial and residential buildings that were constructed
between 1940 and 1986. The property was rezoned from GC (General Commercial)
zone district to CBD (Central Business District) and CBD-RC (Central Business District
- Rail Corridor) as part of the citywide rezoning on October 1, 1990. The property is
located in the Pineapple Grove Main Street area, which was so designated in August
1994.
A conditional use application has been submitted for a multiple family residential
development to allow a density over 30 dwelling units per acre.
The conditional use requests involve the establishment of a multiple family residential
development consisting of 136 apartments in two 5-story buildings and 24 townhomes
with a density that exceeds 30 units per acre (39.22 du/ac).
The development proposal incorporates the following:
Demolition of the existing buildings and construction of 24 three-story townhomes
and 136 apartments in two 5-story buildings. The first floors of the two apartment
buildings will be parking levels. There are also two parking areas located along
the south side of the property. The apartments consist of 40 one-bedroom units,
80 two-bedroom units, and 16 three-bedroom units. The townhomes consist of 6
three-bedroom units and 18 two-bedroom units;
Planning and Zoning Board St~port
Conditional Use Request- PineaPple Grove Village
Page 2
Construction of a 1,600 square foot clubhouse and pool;
Additional amenities for the residents include a fitness room, billiards room,
business center, garages, and storage rooms;
REQUIRED FINDINGS: (Chapter 3):
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which is part
of the official record. This may be achieved through information on the
application, the staff report, or minutes. Findings shall be made by the body,
which has the authority to approve or deny the development application. These
findings relate to the following four areas.
FUTURE LAND USE MAP: The use or structures must be allowed in the zone
district and the zoning district must be consistent with the land use designation).
The subject property has a Future Land Use Map designation of CC (Commercial Core)
and a zoning designation of CBD (Central Business District) for that portion of the
development located south of NE 2nd Street and CBD-RC (Central Business District-
Rail Corridor) for that portion located north of NE 2nd Street. The zoning districts are
consistent with the CC Future Land Use Map designation. Pursuant to LDR Section
4.4.13(B)(4), within the CBD zoning district, multi-family dwelling units, excluding
duplexes, up to 30 units per acre are permitted, except for the portion of the CBD
located east of the Intracoastal Waterway, where a maximum density of 12 units per
acre are allowed. The portion of the project zoned CBD, south of 2nd Street, will be less
than the 30 units per acre.
Pursuant to LDR Section 4.4.28(D)(5), within the CBD-RC zoning district, multi-family
dwelling units, excluding duplexes, at a density greater than 30 units per acre, are
allowed as a Conditional Use in the area located west of the FEC Railroad, north of NE
2nd street and south of NE 3~d Street, subject to the standards and limitations of LDR
Section 4.4.13(I). In addition, the development must be consistent with the Design
Guidelines contained within the Pineapple Grove Main Street Neighborhood Plan. As
discussed later in this report, positive findings can be made with respect to the
referenced performance standards and design guidelines. Thus, positive findings can
be made with respect to Future Land Use Map consistency.
CONCURRENCY: Facilities which are provided by, or through, the City shall be
provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
Planning and Zoning Board
Conditional Use Request - Pineapple Grove Village
Page 3
Water and Sewer:
Preliminary water and sewer plans have been submitted and the following is noted:
Water service will be available to the site via the installation of a 10" main along NE
3rd Avenue and an 8" main located along the east-west driveway in the northern
portion of the property. Further water service will be provided via lateral connection
to an existing 6" water main along NE 2nd Street.
Sewer service exists to the site via an 8" sewer main that is located within the
north/south alley along the west side of the development and a 12" main located
within NE 2nd Street.
Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's
Water Treatment Plant and the South Central County Waste Water Treatment Plant for
the City at build-out. Based upon the above, positive findings can be made with respect
to these levels of service standards.
Drainage:
Preliminary drainage plans were submitted which indicate that drainage will be
accommodated via an ex'filtration trench system to be located within the ground floor of
the parking garage and within the uncovered parking areas. The specifics of the
drainage will be addressed in greater detail during the site plan review process,
however, there are no problems anticipated in accommodating on-site drainage. It is
noted however, the exfiltration at the southeast corner of the property cannot cross NE
3rd Avenue. Drainage structures must be accommodated on-site and is attached as a
condition of approval. Based on the above, positive findings with respect to this level of
service standard can be made.
Streets and Traffic:
This development proposal is anticipated to generate a total of 1,134 new daily trips.
These trips are to be reduced by trips associated with existing development and a
revised traffic study is attached as a condition of approval. The subject property is
located in the City's TCEA (Traffic Concurrency Exception Area), which encompasses
the CBD, CBD-RC, and OSSHAD zoning districts, as well as the West Atlantic Avenue
corridor. The TCEA was established in December, 1995 to aid in the revitalization of
downtown, with a purpose of reducing the adverse impacts of transportation
concurrency requirements on urban infill development and redevelopment. These
revitalization efforts are achieved by exempting development within the TCEA from the
requirements of traffic concurrency. It is also noted that if the development was outside
the TCEA area the residential component would still be exempt from traffic concurrency
under Palm Beach Traffic Performance Ordinance, which provides exemptions for infill
residential developments east of 1-95.
Planning and Zoning Board St~ i:i,,~:~port
, Conditional Use Request- Pineapple Grove Village
Page 4
Parks and Open Space:
The Open Space and Recreation Element of the Comprehensive Plan indicates in its
conclusion that "The City will have sufficient recreation facilities at build-out to meet the
adopted standards': ^ park impact fee is collected to offset any impacts that the project
may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park
impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building
permit for each unit. ^ total fee of $80,000 will be required of this development for
parks and recreation purposes.
Solid Waste:
Trash generated each year by the 160 units will be 83.2 tons of solid waste per year
(160 multiple family units x .52 tons of solid waste per year = 83.2 tons). Per the Solid
Waste Authority, the trash generated by this proposal can be accommodated by existing
facilities. Therefore, a positive finding with respect to this level of service standard can
be made.
CONSISTENCY: Compliance with performance standards set forth in Chapter 3
and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall
be the basis upon which a finding of overall consistency is to be made. Other
objectives and policies found in the adopted Comprehensive Plan may be used in
making a finding of overall consistency.
A review of the objectives and policies of the adopted Comprehensive Plan was
conducted and the following applicable objectives and policies that are relevant
to the Conditional Use applications (increase in density and building height) were
found.
Future Land Use Element Objective A-1 Property shall be developed or
redeveloped in a manner so that the future use and intensity is appropriate and
complies in terms of soil, topographic, and other applicable physical
considerations, is complimentary to adjacent land uses, and fulfills remaining
land use needs.
The property is partially developed and contains several commercial buildings as well
as surface parking lots. There are no special physical or environmental characteristics
of the land that would be negatively impacted by the proposed residential development.
The development will be complimentary with the surrounding commercial developments
and provide a customer base for the businesses on a year-round basis instead of
seasonal, which provides economic stability for the area.
In terms of fulfilling remaining land use needs, the Housing Element of the
Comprehensive Plan states as follows:
Planning and Zoning Board St~.~port
Conditional Use Request- Pineapple Grove Village
Page 5
One of the most important objectives of the City's overall housing policy is the
establishment of housing in the downtown area. In the years since adoption of the 1989
Comprehensive Plan the downtown has changed from a somewhat sleepy, seasonally
oriented shopping district to a vibrant year-round retail, service, and entertainment area
with an active nightlife. A critical missing element is a significant housing development.
The City recognizes the importance of providing housing in close proximity to shopping,
employment, and transportation, and the need to have a residential base to support the
businesses in the downtown area.
The Pineapple Grove Village development will help to fulfill this stated land use need,
and is therefore consistent with this policy.
Commercial Core Future Land Use Map Designation -The Future Land Use
Element (FLUE) describes the Commercial Core designation as follows: This
designation is applied to the community's downtown area. It includes a
substantial portion of the Transportation Concurrency Exception Area described
in the Future Land Use Element and graphically shown in Figure L-8. The
Commercial Core designation accommodates a variety of uses including
commercial and office development; residential land use upper story apartments;
older homes renovated to accommodate office use; and uses such as "bed and
breakfast" establishment; and industrial/commerce type uses.
Objective C-4 of the Future Land Use Element states further that The Central
Business district (CBD) represents the essence of what is Delray Beach Le. a
"village like, community by the sea". The continued revitalization of the CBD is
essential to achieving the overall theme of the City's Comprehensive Plan of "A
City Set Apart In South Florida". The following policies and activities shall be
pursued in the achievement of this objective.
Policy C-4.1 The Central Business District (CBD) Zoning District regulations shall
facilitate and encourage rehabilitation and revitalization and shall, at a minimum,
address the following:
deletion of inappropriate uses
incentives for locating retail on the ground floor with office and residential use
on upper floors
accommodatinq parking needs through innovative actions
incentives for dinner theaters, playhouses, and other family oriented activities
allowing and facilitating outdoor cafes
incentives for mixed use development and rehabilitation
elimination of side yard setback requirements
allow structural overhang encroachments into required yard areas.
The proposal is to provide an apartment complex consisting of 136 apartments and 24
townhouse rental units that offer floor plans with a variety of sizes. The residential units
will help to support the existing retail, service, and restaurant uses in the area, which
Planning and Zoning Board St~i~port
Conditional Use Request- Pineal~ple Grove Village
Page 6
are still somewhat affected by a seasonal clientele. The project is consistent with this
objective to revitalize the City's central business district.
The language in the Comprehensive Plan that characterizes Delray Beach as a "village-
like community by the sea" stems from the Visions 2000 Assembly, which was a three-
day workshop held in May of 1988 to develop a shared set of goals and a general
mission statement for the City's future. The assembly focused on several issues,
including community character, downtown revitalization, community and cultural
resources, the City's gateways (i.e. North Federal Highway and West Atlantic Avenue),
infrastructure planning and finance, and land use. The conclusions and
recommendations from the workshop were articulated in a policy statement. While the
community character section lists the City's "unique village square atmosphere" as an
asset that should be retained, there are several other recommendations in the report
that emphasize the revitalization of the downtown in a manner that would seem to
promote a more urban character. For instance, there are recommendations to: explore
the development of a moderately sized convention and civic center in the downtown;
increase residential densities in the CBD; encourage the development of dinner
theaters, movie theaters, and playhouses in order to stimulate evening activity; consider
the use of tiered parking garages with mixed use development; develop entertainment
facilities and upscale retail stores in the CBD; remove parking requirements for new
residential development above commercial uses; review and revise constraints that
discourage mixed-use development in order to encourage such development;
encourage residential uses above parking facilities; pursue the establishment of a
campus for Palm Beach Community College in Pineapple Grove; create a number of
parking structures throughout the CBD in order to provide incentives for development;
and a recommendation that the City adopt a developer approach in planning and
developing the City, including a statement that government regulations should have a
positive influence on the redevelopment of the downtown and should not be an
inhibiting factor.
The language regarding the village by the sea character of the downtown was adopted
in the City's 1989 Comprehensive Plan, as were many of the recommendations
intended to promote the revitalization of the downtown. For many years subsequent to
the Visions 2000 Assembly there was little activity downtown, and Delray continued to
struggle with its image as a blighted community. There were two failed attempts to lure
a major department store, Jacobson's, to the downtown. This effort, as well as the 1996
effort to establish the SIRS headquarters on Block 77, were also geared more toward
the development of a thriving urban center than the maintenance of a small town
atmosphere. In the mid 1990's the downtown began to see increased redevelopment
activity, much of which was made possible by the changes that had been implemented
as a result of Visions 2000. Services currently offered on or around Atlantic Avenue,
such as specialty art galleries, high-end restaurants, cultural facilities (Old School
Square Museum & Miami City Ballet), high-tech schools (Palm Beach Photographic
Institute), and numerous banking & financial facilities are more typical of urbanized
cities than a village or small town.
Planning and Zoning Board St~port
'Conditional Use Request - Pineai~ple Grove Village
Page 7
Further, the concept of a village-type development should not focus only on the size and
scale of buildings, but also on the sense of community that exists in a small town. Right
now the vast majority of people who visit the central business district do not live within
its borders. This project will place 160 households right next to Pineapple Grove Way
and near downtown. These residents will be able to walk to shops, restaurants, cultural
venues, and parks. They will interact' on a regular basis with the storekeepers and
employees, their neighbors, and others who frequent the area. They will get to know
the downtown much more intimately than the majority of Delray residents. They will
become major participants in, and contributors to, the downtown community.
In summary, the Pineapple Grove Village development is consistent with and will further
the objectives of Future Land Use Element Policy C-4.1
Future Land Use Element Policy C-4.4. - The City supports the efforts to revitalize
the Pineapple Grove Main Street area, and the use of the Main Street approach:
organization, promotion, design, and economic restructuring. While the CRA is
the lead support agency for the PGMS organization, the City will provide technical
support and assistance through the Planning & Zoning and Community
Improvement Departments.
The Pineapple Grove Main Street Neighborhood Plan contains several design
guidelines that address redevelopment efforts within this area. The following is an
analysis of the applicable design guidelines:
Intersections and Sidewalks:
The Neighborhood Plan indicates that the intersection of NE 3rd Avenue and NE 3'd
Street and the intersection of NE 2nd Street and NE 3rd Avenue are to be paved to
match the intersection of Pineapple Grove Way. With respect to the intersection of NE
2nd Street and NE 3rd Avenue, the square footage of the resurface section of roadway
should approximately equal that of a typical intersection in the district. The conceptual
plan does not provide these required pavers. A condition of approval is attached that
these paver block improvements are installed.
Overhead Power Lines:
Overhead cables (electric, telephone, CATV) are required to be placed under ground
whenever feasible. Given the proposed redevelopment of the property, which will
require complete demolition of all existing private improvements, it is appropriate to
require the under grounding of these utilities including those within the alley at this time
and is attached as a condition of approval.
Street and Parking Lot Lighting:
Pursuant to the Neighborhood Plan the street and parking lot lighting should be
consistent with the Pineapple Grove Main Street lighting. The light poles and fixtures
Planning and Zoning Board St~.?.'..:~port
Conditional Use Request - Pineapple Grove Village
Page 8
should have a pedestrian scale of 12' to 14'. The street lights should be staggered from
one side of the street to the other with a separation of approximately 75'. The lamps
must be metal halide and powder-coated cast aluminum for the pole and fixture and
fitted to accept banners. The maximum height of street lamps along NE 3rd Avenue, NE
2nd Street and NE 3rd Street is 12'. Ambient lighting should be used to fill in the gaps of
the street lights and outlets provided. If wall fixtures are proposed, they must be
decorative. The photometric plan must be revised to indicate compliance with these
requirements and is attached as a condition of approval.
Street Furniture:
The Neighborhood Plan indicates that benches, trash receptacles, and bollards are to
be provided when the streetscape plans are formulated. It will be necessary for the
applicant to obtain the approved street bench, trash receptacle and bollard details from
Pineapple Grove Main Street, Inc. and include them in the site plan and is attached as a
condition of approval.
Transportation Element Policy A-1.3 - The City endorses the continued
operations of the Palm Tran Transit SYstem and its operations in Delray Beach,
and through policies of this Element related to the TCEA, will coordinate with
Palm Tran to improve the system.
Given the potential impact on the surrounding road network, it is appropriate that the
provision of a bus shelter be considered. As redevelopment continues within the TCEA
the residential density of the downtown will continue to increase, thereby increasing the
need for an improved multimodal transportation system. The provision of a bus shelter
at this development is appropriate to provide alternatives to automobile transportation.
However, Palm Tran has indicated that they currently have no routes adjacent to this
property and do not anticipate service in the near future. Therefore, it may be more
appropriate for the applicant to participate in the contribution of a bus shelter along NE
1st Street, which is the nearest bus route. This may be accomplished by contribution on
by the developer for half the cost of a shelter which is $7,500 ($15,000 total cost) The
City will work with Palm Tran in order to provide improved service near to Pineapple
Grove Way. A condition of approval is attached that the development either provides a
location where a bus shelter may be provided and that an easement is provided for this
area or contributes $7,500 towards a bus shelter.
Transportation Element Policy D-2.2 - Bicycle parking and facilities shall be
required on all new development and redevelopment. Particular emphasis is to
be placed on development within the TCEA Area.
Bicycle parking is provided along NE 3rd Avenue. Additional bicycle facilities should be
provided throughout. This is attached as a condition of approval.
Open Space and Recreation Element Policy A-3.1 - Tot lots and recreation areas
serving children from toddlers to teens, shall be a feature of all new housing
Planning and Zoning Board St~i~port
Conditional Use Request- Pine~'pple Grove Village
Page 9
developments as part of the design to accommodate households having a range
of ages. This requirement may be waived or modified for residential
developments located in the downtown area, and for infill projects having fewer
than 25 units.
This policy may be waived for projects in the downtown because the City recognizes the
following: that households located in the downtown are likely to have fewer children
than those located in suburban settings; that land in the central business district is at a
premium and it can be cost prohibitive to provide recreational features such as tennis
courts, volleyball courts, etc.; and, that there are other cultural and recreational
opportunities located in the downtown that are not readily available to residents of
suburban apartment complexes. The proposed development does provide some
recreational facilities to its residents such as a pool, exercise room and billiards room.
Some of the recreational, cultural, and open space opportunities located in proximity to
Pineapple Grove Village include: Veteran's Park, which includes a large playground and
recreational area; the Atlantic Ocean, the City's Tennis Center, Old School Square
Cultural center, the Milagro Center. As playground areas are located close by and other
facilities that can be utilized by children such as the pool and billiards are provided, this
policy has been addressed. Based on the above, it is appropriate to waive this
requirement.
Housing Element Objective B-2 - Redevelopment and the development of new
land shall result in the provision of a variety of housing types which shall
· continue to accommodate the diverse makeup of the City's demographic profile,
and meet the housing needs identified in this Element. Policies, which will
implement this objective, include:
Housing Element Policy B-2.2 - The development of new adult oriented
communities within the City is discouraged. New housing developments shall be
designed to accommodate households having a range of ages, especially families
with children, and shall be required to provide 3 and 4 bedroom units and activity
areas for children ranging from toddlers to teens. This requirement may be
waived or modified for residential development located in the downtown area,
and for infill projects having fewer than 25 units.
This project will not be excluded to occupancy by adults only. However, it is
acknowledged that downtown dwellings are not typically occupied by households with
children. This complex will primarily accommodate young and middle-age
professionals. As allowed by this policy, it is appropriate that there not be a requirement
to provide 4 bedroom units and specific activity areas for children.
HousinR Element Policy B-2.6 - Housing in and near the downtown area, in close
proximity to employment opportunities and services, is a critical need. In order
to help stimulate demand for new housing in and around the Central Business
Planning and Zoning Board St~port
Conditional Use Request- Pin~,~i~ple Grove Village
Page 10
District, the development of new rental housing projects outside of the TCEA and
North Federal Highway area is discouraged.
The development proposal complies with this policy as it provides the desired type of
residential development within the CBD.
Housing Objective A-12: To assist residents of the City in maintaining and
enhancing their neighborhood environment, the City shall take steps to ensure
that modifications in and around the neighborhood do not lead to its decline,
such as those described in the following policies.
Housinq Policy A-12.3: In evaluating proposals for new development or
redevelopment, the City shall consider the effect that the proposal will have on
the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic
volumes and circulation patterns shall be reviewed in terms of their potential to
negatively impact the safety, habitability and stability of residential areas. If it is
determined that a proposed development will result in a degradation of any
neighborhood, the project shall be modified accordingly or denied.
This project is located within the commercial core area of the City and one block east of
Pineapple Grove Way. As noted previously, the residents of this development will aid
in the economic stability of the Pineapple Grove Main Street area as well as the Atlantic
Avenue downtown area. The project is located within an area that consists of the
traditional road grid system and includes completion/construction of NE 3r~ Avenue,
between NE 1st and 2nd Streets, which will add a link to the grid system. This system is
conducive to traffic distribution, wherein, automobiles have a diverse choice of options
to navigating the downtown area. Motorists are able to navigate the local grid street
system to avoid congestion in order to reach collector and arterial roads such as
Pineapple Grove Way, NE 1st Street, NE 2nd Street, Swinton Avenue, NE 4~
Street/Lake Ida Road, Atlantic Avenue, and Federal Highway. Given the diffusion of
vehicle trips, it is unlikely that adjacent neighborhoods will be negatively impacted by
the additional traffic.
In terms of safety, introducing a residential component to the downtown will likely
improve the stability of the area. It will introduce more night time activity, and more
"eyes" to observe what is happening in the area, which should be a deterrent to criminal
activity.
LDR Section 4.4.13(I) (Performance Standards)
(I) Performance Standards: These standards shall apply to all applications for
new development and modification of existing developments which would result
in a density greater than thirty (30) dwelling units per acre.
1) The maximum permissible density of a particular project will be established
through the conditional use process, based upon the degree to which the
Planning and Zoning Board St~::.'.;.!.sport
· Conditional Use Request- Pine-~pple Grove Village
Page 11
development complies with the performance standards of this section, the
required findings of Section 2.4.5(E), and other applicable standards of the
Comprehensive Plan and Land Development Regulations. Notwithstanding
the above, the approving body may deny an application for increased density
where it is determined that the proposed project is not compatible in terms of
building mass and intensity of use with surrounding development.
The proposed development consists of 160 residential units on 4.08 acre parcel of
land, which results in a density of 39.22 dwelling units per acre. The development is
located in the CBD and CBD-RC zoning district, which allows the residential density
to exceed 30 units per acre subject to conditional use approval. The analysis with
respect to LDR Section 4.4.13(I) (Performance Standards), and the Land
Development Regulations is provided below.
2) The applicable performance standards for development under this section are
as follows:
a)
The development offers variation in design to add interest to the elevations
and relief from the building mass. For example, the building setbacks or
planes of the facade are offset and varied. In structures having more than
two stories, stepping back of the upper stories (third floor and above) is
encouraged to decrease the perception of bulk. Building elevations
incorporate several of the following elements: diversity in window and door
shapes and locations; features such as balconies, arches, porches; and
design elements such as shutters, window mullions, quoins, decorative
tiles, or similar distinguishing features.
In addition to these design standards, development within the Pineapple Grove
Main Street area must also incorporate design standards consistent with the
"Floribbean" architectural style. The proposed townhomes are consistent with this
performance standard and are in-scale with the neighborhood. The proposed five
story apartments have been designed so that the third, fourth and fifth stories
"step-back" 5' from the first and second stories. Furthermore, the facades contain
plane changes that create alcoves. The building also includes several
architectural elements such as standing seam mansard roofs, decorative parapet
cap, window muntins, shudders, balconies with rail variations, decorative metal
grille applications, balconies with decorative pineapples and bowls, variations in
window treatment with respect to banding, canopies, and Bahamas shutters. The
building elevations have been designed to reduce the massing to the street level
and be architecturally pleasing. The southem elevation of the clubhouse is rather
plain, whereas the northern elevation is more decorative. A condition of approval
is attached that the southern elevation of the clubhouse is provided with additional
architectural features in keeping with a front entrance. The front entrance to the
townhouse can be used as a guide. Also, pursuant to direction given by the
Pineapple Grove Design Review Committee, the additional architectural detail is
Planning and Zoning Board Sta .:.~.~¥~port~
Conditional Use Request- Pineapple Grove Village
Page 12
required along the south half of the east elevation along the FEC Railroad. Based
on the above, this Performance Standard has been met.
b)
If the building includes a parking garage as an associated structure or
within the principal building, the garage elevation provides unified design
elements with the main building through the use of similar building
materials and color, vertical and horizontal elements, and architectural
style. The garage is designed in a manner that obscures parked vehicles
except in places where unavoidable, such as entrances and exits.
Development of a portion of the ground floor perimeter adjacent to street
rights of way is devoted to window displays or floor area for active uses
such as retail stores, personal and business service establishments,
entertainment, offices, etc., is encouraged.
While the development does not include a commercial component, the ground
level garage is consistent with this performance standard. The garage will nOt be
noticeable from the public street as it is screened by architectural features such
as faux windows, Bahamas shutters and decorative grille work. Based on the
above this Performance Standard has been met.
c)
A number of different unit types, sizes and floor plans are available within
the development. Two and three bedroom units are encouraged, as are a
combination of multi-level units and fiats. In projects consisting of more
than twelve (12) dwelling units, the proportion of efficiency or studio type
units may not exceed 25% of the total units. There is no maximum
percentage established for projects having twelve (12) or fewer units,
however, a mix of unit types and sizes is encouraged.
The development includes two basic styles of living: townhouse and apartment.
The development provides a range from one bedroom to three bedroom units.
There are 40 one-bedroom units that contain 862 square feet within the apartment
buildings. The apartment buildings contain 2 two-bedroom unit types (80 total
units) that contain 1,220 and 1,240 square feet. There is also a three bedroom
unit (16 total) that contains 1,438 square feet. The townhouses consist of 6 three-
bedroom units that contain 1,971 square feet; 12 two-bedroom units that contain
1,693 square feet; and, 6 two-bedroom units that contain 1,499 square feet. The
townhouses all contain garages and there are individual garages available to the
apartments. The project does not include any efficiency or studio type units.
Based on the above, this Performance Standard has been met.
d)
The interiors of the dwelling units provide unique features and
conveniences that distinguish them from standard multi-family projects and
create an attractive living environment. Examples of some of the features
that could be incorporated to meet this standard are: ceiling heights of 9
feet or greater; extensive use of natural lighting; panel doors throughout the
interior; use of decorative molding for baseboard, door and window
Planning and Zoning Board St~i-~gport
Conditional Use Request- Pinealsple Grove Village
Page 13
casings; wood or ceramic tile flooring in all or a portion of the units; built in
cabinetry and/or shelving; arched entryways or passageways; individual
laundry facilities; special security features; or a combination of similar
features and elements that meet the intent of this standard.
A floor plan has been submitted which indicates the units will contain the following
features: ceiling heights of 9 feet (excluding kitchen and baths), ceramic tile in
kitchens, bathrooms and foyers, decorative trim, dishwashers, double sinks,
archways, individual washer & dryer for each unit, and built-in cabinetry. The
proposal provides the desired features described in this standard, and therefore
complies with this standard.
e) The development provides common areas and/or amenities for residents
such as swimming pools, exercise rooms, storage rooms or lockers,
covered parking, gardens, courtyards, or similar areas and/or amenities.
The proposal provides common areas consisting of a pool and 1,600 square foot
clubhouse together with a fitness room, billiard room, and business center. As
noted previously the project contains a covered garage, individual apartment
garage options and garages for the townhomes. The project contains no
meaningful garden or courtyard area. There is a small courtyard for each
apartment building located along NE 3rd Avenue. Since there are no meaningful
courtyards or landscaped garden areas the project only partially meets this
performance standard.
The development promotes pedestrian movements by providing convenient
access from the residential units to the public sidewalk system. Pedestrian
areas adjacent to the building are enhanced by providing additional
sidewalk area at the same level as the abutting public sidewalk.
Accessways to parking areas are designed in a manner that minimizes
conflicts between vehicles and pedestrians. The public street or streets
immediately adjacent to the development are enhanced in a manner that is
consistent with the streetscape in the downtown area (i.e., installation of
landscape nodes, extension of existing paver block system, installation of
approved street lighting, etc.).
The proposed residential development provides a safe and efficient pedestrian
connection between the units and public sidewalks. The development proposal
includes significant improvements to the public rights-of-way, which include
complete replacement of the NE 3rd Avenue pavement and construction of paver
block sidewalks along all streets and cross walks. The development does need
to extend the public sidewalk along the south side of NE 2nd Street to the FEC
railroad right-of-way and to the southern ends of NE 3rd Avenue. A crosswalk
should be provided at the southern end of the development that will ultimately be
linked to a pedestrian sidewalk that will connect to NE 1st Street to be installed by
the City. A photometric plan has not been submitted for the development
proposal that demonstrates compliance with the City's illumination requirements.
Planning and Zoning Board St~:::::;~port
Conditional Use Request- Pineapple Grove Village
Page 14
The development will be responsible for providing decorative lighting both within
the property and along the public streets. The lighting fixtures along the public
streets must be consistent with the Pineapple Grove Main Street lighting fixtures.
Based on the above, this Performance Standard can be met subject to the
conditions that the sidewalks are extended, crosswalk provided, and that a
photometric plan is submitted that provides light fixtures in the public rights-of-
way consistent with the Pineapple Grove Main Street lighting.
g)
The development provides opportunities to share parking, accessways,
driveways, etc., with adjoining properties, or provides additional parking
spaces that may be used by the public.
This project maximizes opportunities for shared access and parking. The
proposed residential development has a surplus of 17 parking spaces that will be
available to the public. It is noted that while the 20 garage driveways adjacent to
the alley cannot be counted towards meeting the code requirement, they will be
available for visitors or tenants of this development. These spaces will be located
in either of the two off-street parking areas located at the south end of the
property. The parking area on the west side of NE 3rd Avenue at the south end of
the property contains 28 compact parking spaces. The parking area on the east
side of NE 3rd Avenue contains 30 compact parking spaces. Since these spaces
will be available to the public, at least 70% of the compact spaces should be
converted to standard parking spaces and is attached as a condition of approval.
In addition to these spaces, the development includes improvement to the
adjacent roads (NE 3rd Avenue, NE 2nd Street and NE 3rd Street), which includes
61 parallel spaces in the rights-of-way. Based on the above, this Performance
Standard is met, subject to conversion of a portion of the compact to standard
spaces.
h)
Projects fronting on Atlantic Avenue, N.E. 1st Street, or SE 1st Street
contain nonresidential uses on the ground floor. The nonresidential ground
floor space has ceilings not less than ten (10) feet in height. At least fifty
percent (50%) of the surface area of the front street wall(s) at the ground
floor of each such building is devoted to display windows and to entrances
to commercial uses from outside the building.
This performance standard does not apply as the development does not have
frontage on these street.
Pursuant to LDR Section 4.4.13(I)(3), it is acknowledged that it may not be possible for
projects which involve the modification of existing structures to comply with many of the
above referenced standards. For those types of projects, the ultimate density should be
based upon compliance with those standards which can be reasonably attained, as well
as the projects ability to further the goal of revitalizing the central business district (i.e.,
adaptive reuse of older structures and provision of housing in close proximity to
employment opportunities and services). Of the eight performance standards the
Planning and Zoning Board Sta:~port~.
. Conditional Use Request - Pinea'P'Ple Grove Village
Page 15
project complies with six (with conditions of approval), does not comply with one, and
one standard is not applicable. Given this level of achievement with the performance
standards it is appropriate to grant the requested increase in density.
SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use)
Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3,
the City Commission must make findings that establishing the conditional use
will not:
A. Have a significantly detrimental effect upon the stability of the
neighborhood within which it will be located;
B. Nor that it will hinder development or redevelopment of nearby
properties.
The subject property is bordered to the north by CBD-RC zoning, the east (across the
FEC Railroad) by CBD-RC and CF zoning, and to the south and west by CBD zoning.
The adjacent land uses include: to the north vacant property and Las Hadas
Restaurant, to the east the FEC Railroad, to the south is the Florida Power and Light
substation, and to the west by commercial properties.
The development proposal will significantly enhance the aesthetics of the subject
property together with the neighborhood. The proposed redevelopment will provide
year-round customer and employment base for the nearby commercial redevelopment
along Pineapple Grove Way. The stability of the downtown area will be significantly
enhanced by the addition of 160 households that will patronize area businesses and
contribute to the long term revitalization of the downtown. They will help to create a
demand for goods and services that are currently not readily available downtown, such
as clothing stores and food markets, which will enhance commercial rents and property
values.
As described in the Streets and Traffic section of this report, the project is located in the
TCEA. The TCEA was created to acknowledge the traffic associated with the emergent
redevelopment of the downtown area. Traffic in downtown has increased significantly
since the mid-1990's when the revitalization began to take off, and it has not at all
deterred people from visiting the central business district. Stop and go traffic and
congested sidewalks are indicative of successful, healthy downtowns, and tend to
attract more people and greater investment in the area. This residential development
will primarily impact the late afternoon traffic, otherwise, its traffic will occur mostly
during the downtown's off-peak hours.
COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS:
In conjunction with the Conditional Use request a sketch plan that substantially
complies with the submittal requirements for a site plan application, was
Planning and Zoning Board St~.'~ ¥..~port
Conditional Use Request- Pinbi~lSple Grove Village
Page 16
submitted which has been reviewed by staff. If the Conditional Use is approved,
a full site plan submittal complying with LDR Section 2.4.3 will be required.
Based upon staff's review of the sketch plan and site inspections, the following
analysis is provided.
Setbacks:
Pursuant to LDR Section 4.3.4(K), the required front and side street setback in the
CBD-RC is 10' and applies to that portion of the property along NE 3rd Avenue, north of
and fronting NE 2nd Street. The balconies of the proposed apartment buildings and the
clubhouse encroach into this required setback. A condition of approval is attached that
the site plan be revised to eliminate the encroachment of the buildings into the 10' front
and side street setback.
Building Height:
Pursuant to LDR Section 4.3.4(K), the maximum height within the CBD-RC zoning
district is 48'. Pursuant to LDR Section 4.3.4(J)(1), the height of a building is the vertical
distance from grade to the highest finished roof surface of a flat roof or to the mean
level between eaves and ridge for gable, hip, or gambrel roofs. Pursuant to LDR
Section 4.3.4(J)(2)(a), for buildings adjoining one street, the grade is established from
the mean elevation of the crown of the street along the lot frontage. In order to
accurately establish the building height, the grade of the building must be based on the
rd nd rd
mean elevation of the crown of NE 3 Avenue between NE 2 Street and NE 3 Street,
which is 17.38'. The height of the building may be 48'-high measured from this
established grade. The proposed height of the building (47' 11") complies with the
maximum allowed building height when measured from the established grade. The
proposed building achieves this by lowering the first floor (parking garage) below the
established grade.
Parking Requirements:
The development proposal includes 160 residential units. The parking requirements for
a residential project located in the CBD are calculated as follows:
Base Parking Requirements
Use Parking Requirement Spaces Required
Residential Units
(40) 1 bedroom units 1.25 spaces per unit 50
(120) 2+ bedroom units 1.75 spaces per unit 210
Guest Parking
Units 1-20 .5 per unit 10
Units 21-50 .3 per unit 9
Units 51-160 .2 per unit 2_.~2
Sub Total 301
The development proposal includes 153 parking spaces within the apartment parking
garage, 105 non-covered parking spaces, and 60 parking spaces within townhouse
Planning and Zoning Board St~i~port
Conditional Use Request- PineapPle Grove Village
Page 17
parking garages. The total parking spaces provided by the development equals 379
parking spaces. As noted previously, the development proposal involves significant
improvements to the adjacent public rights-of-way which will result in the provision of 61
on-street parallel parking spaces. Additionally, the development proposal includes 17
excess parking spaces that will be provided on the property in off-street parking areas
located along the south side of the property. Due to the changes recommended by staff
associated with conversion of compact parking spaces to standard spaces and
elimination of some spaces that encroach into the public right-of-way, the number of
spaces available to the public will be slightly reduced.
Compact Parkin,q:
Pursuant to LDR Section 4.6.9(C)(1)(g), up to 30% of the required parking for any use
may be designated for compact cars. The proposal includes 58 compact parking
spaces located throughout the property. This represents 18.24% of the total spaces
and meets the requirement. As noted previously, however, the parking areas south of
NE 2nd Street must be modified so no more than 30% of the spaces are compact.
Handicapped Accessible Parkinq:
Pursuant to LDR Section 4.6.9(C)(b), special parking spaces designed for use by the
handicapped shall be provided pursuant to the provisions of Florida Accessibility Code
for Building Construction. Accessibility for residential structures is covered by the
Federal Fair Housing Act. Pursuant to this act, 2% of the parking spaces serving the
dwelling units must be handicapped accessible and accessible visitor spaces should be
provided at a rate in accordance with the local code. Based on the requirement of 301
parking spaces, the development must provide a minimum of 6 handicap accessible
parking spaces and six spaces have been provided adjacent to the apartment elevators.
The two spaces adjacent to the clubhouse are not necessary, however, if they are
provided should be installed based on Americans with Disabilities Act spacing
requirements.
On-Street Parkinq
Although not counted toward meeting the parking requirements for the project, 61 public
parking spaces are being provided by the developer along the adjacent public rights-of-
way. Although available to the general public, these spaces should help meet the
shorter term parking requirements of residents and guests of the project. A maximum
time limit of two hours during the daytime should be imposed by the City to prevent long
term parking.
Stacking Distance:
Pursuant to LDR Section 4.6.9(D)(3)(c)(1), the minimum distance between a right-of-
way and first parking space or aisleway in a parking lot shall be 50' for parking areas
that contain 51 or more parking spaces; 20' for parking areas that contain 21 to 50
Planning and Zoning Board St~',,.:::;-;...~port
Conditional Use Request - Pineai:Jple Grove Village
Page 18
parking spaces; and, 5' for parking areas that contain 20 or fewer parking spaces.
Except for the ungated parking area at the southeast comer of the property, none of the
parking areas provide the required stacking distances. It is recommended that the
security gates are relocated to provide the maximum stacking or removed so cars do
not impede access on adjacent roadways while waiting to enter secure parking areas.
Limited waivers for small distances may be required.
Lighting:
A lighting plan has been submitted. However, the photometric does not indicate
coverage for all parking areas including the apartment garage. Furthermore, the
photometric plan does not provide details of the light poles and fixtures. Pursuant to the
Pineapple Grove Main Street Neighborhood Plan, these fixtures must be consistent with
the Pineapple Grove Way street light program. A condition of approval is attached, that
the photometric plan be revised to include the illumination of the parking areas and a
detail of the light poles and fixtures (including wall mounted fixtures) submitted and that
they are decorative. This condition can be addressed during the site plan review
process.
Right-of-Way Dedication:
Pursuant to LDR Sections (A) and (D), the following table describes the required rights-
of-way and the existing rights-of-way adjacent to the subject property:
Right-of. Way Required Existing Proposed Required Dedication
NE 3r~ Street 60' '~ 50, 50' 0'
NE 3r~ Avenue 60' 40' & 45' 40' & 50' 5'
NE 2na Street 60' 50' 50' 0'
Pursuant to LDR Section 5.3.1(D)(4), a reduction in the required right-of-way width or
existing streets may be granted by the City Engineer upon favorable recommendation
from the Development Services Management Group (DSMG). The City Engineer and
DSMG considered the reductions and recommended the reduction of rights-of-way for
NE 2nd Street and NE 3rd Street to the existing widths. With respect to NE 3rd Avenue,
DSMG approved the reduction to 45' (south of NE 2nd Street) and 50' (north of NE 2nd
Street). The plans do not show the 5' dedication for NE 3rd Avenue and must be
modified to reflect this. The dedication should come from the west side of the street.
Sidewalks:
Pursuant to LDR Section 6.1.3(B), the minimum sidewalk width is 5' for NE 3rd Avenue.
However, the Pineapple Grove Neighborhood Plan requires a 6'-wide sidewalk for all
rights-of-way. While this sidewalk has been provided, it must be extended to the
southern end of the property on both sides of NE 3rd Avenue and the south side of NE
2nd Street and a cross-walk provided at the south end of the property as noted in the
performance standard analysis of this report. An easement must be provided for the
Planning and Zoning Board Sta i~port
Conditional Use Request- Pinea'p~)le Grove Village
Page 19
public sidewalk that encroaches onto the subject property along NE 3~d Avenue south of
NE 2nd Street and is attached as a condition of approval. Furthermore, the sidewalk
along the west side of the property adjacent to the alley should be eliminated and a 4'
ingress/egress easement provided to accommodate a total alley width of 20'. This
additional width will allow vehicles to bypass delivery vehicles stopped for the
commercial businesses on the west side of the alley and is attached as a condition of
approval.
Plat:
As the property includes dedication of right-of-way and easements, a plat must be
processed and recorded prior to issuance of a building permit and is attached as a
technical item in Exhibit "A."
Pineapple Grove Desiqn Review Committee
Pursuant to LDR Section 4.4.28(D)(5), the Pineapple Grove Design Review Committee
shall review the project for consistency with the Performance Standards and compliance
with the Pineapple Grove Neighborhood Plan prior to consideration of the Conditional
Use by the Planning and Zoning Board. At its meeting of April 9, 2002, the Design
Review Committee reviewed the proposal and recommended approval of the
development proposal based upon positive findings with respect to performance
standards of LDR Section 4.4.13(I) and the Design Guidelines of the Pineapple Grove
Main Street Neighborhood Plan, subject to the following conditions:
That additional architectural treatments be provided on the upper stories of the
apartment buildings such as hardi-plank in order to provide a better differentiation
between the lower floors.
That the fifth floor apartment balconies are stepped-back in order to reduce the
massing of these features.
That the blank areas of the east side of the apartment building adjacent to the FEC
Railroad be provided with additional architectural features such as faux windows to
provide interest to this elevation.
Community Redevelopment Aqency (CRA)
The CRA reviewed the conditional use requests at the meeting of April 11, 2002 and
recommended approval subject to the following conditions:
Wall fa(;ade treatment of the apartment buildings shall utilize a minimum of two (2)
building materials. The materials shall be alternated among the floors. The
Planning and Zoning Board St~port
· Conditional Use Request- Pine~,pPle Grove Village
Page 20
recommended materials are stucco with a cementitious fiberglass board such as
Hardiplank or Cemplank or alternative equivalent.
The fifth floor balconies shall be redesigned to proportion the column features with
the support brackets to avoid the appearance of a '~floating/unsupported balcony,"
and/or the balcony stepped to help further reduce the massing.
Additional architectural treatment such as recess/projections at one for every 20
linear feet, windows and/or glass block, columns, tile details, decorative louvers, and
any combination thereof on the east elevation of Building II (adjacent to FEC
railway).
Deletion of gates, except for the gates to the garages of Buildings I and II. If these
cannot be eliminated, the CRA Board would recommend true entrance gate features
with architectural details and landscaping integrated and consistent with the overall
project design.
Variations in color schemes throughout the floors and/or units
Addressing PZ and CRA staff technical comments such as, but not limited to,
setbacks, internal consistencies between plans, noting that all interior upgrades
provided on floor plans are standard not "add-ons/customized" items.
Downtown Development Authority (DDA)
The DDA reviewed the development proposal at their meeting of March 20, 2002 and
unanimously recommended approval of the project.
Site Plan Review and Appearance Board (SPRAB)'
If Conditional Use approval is granted, a revised site plan must be submitted
accommodating the concerns raised through the conditional use petition, and
addressing outstanding technical items. Final action on the site plan will rest with the
SPRAB (Site Plan Review and Appearance Board).
Courtesy Notice:
Courtesy notices have been provided to the following homeowner's associations which
have requested notice of developments in their areas:
Delray Beach Chamber of Commerce
Progressive Residents of Delray (PROD)
President's Council
Del-Ida Homeowners Association
Planning and Zoning Board Ste..~port
Conditional Use Request- PineapPle Grove Village
Page 21
Public Notice:
Formal public notice has been provided to property owners within a 500-foot radius of
the subject property. The City has received a letter dated April 11, 2002 from Morgan
N. Russell in support of the project. However, Mr. Russell expresses several concerns
with respect to traffic movement along the alley on the west side of the property and the
massing of the building when viewed from Pineapple Grove Way. Any additional letters
of support or objection, if any, will be presented at the Planning and Zoning Board
meeting.
The conditional use application is to allow for a density over 30 units per acre within the
CBD-RC zone district. The increase in density over 30 units per acre is supported as
the project sufficiently meets or exceeds the Performance Standards found in LDR
Section 4.4.13(I) and the Pineapple Grove Neighborhood Plan to warrant the density
increase provided the conditions of approval are addressed. The addition of 160
housing units in and near the downtown area will help in the long term revitalization of
the CBD. The proposed use is consistent with the policies of the Comprehensive Plan
and Chapter 3 of the Land Development Regulations. Positive findings can be made
with respect to Section 2.4.5(E)(5) regarding compatibility of the proposed development
with surrounding properties. It is noted that pursuant to Section 4.4.13(I)(1), despite the
fact that the project meets '{he performance standards, the Board may deny the
application for increased density if it is determined that the proposed project is not
compatible in terms of building mass and intensity of use with surrounding
development.
A. Continue with direction.
Recommend approval of the Conditional Use request to allow for a density over
30 units per acre for Pineapple Grove Village, based upon positive findings with
respect to LDR Section 4.4.13(I), (Performance Standards for Increase in Density
over 30 units per acre), the Pineapple Grove Neighborhood Plan, Section
2.4.5(E)(5) (Required Findings for Conditional Use), Chapter 3 (Performance
Standards) of the Land Development Regulations, and the policies of the
Comprehensive Plan subject to conditions.
Recommend denial of the Conditional Use request for Pineapple Grove Village
based upon a failure to made positive findings with respect to LDR Section
4.4.13(I) (Performance Standards for Density), and Section 2.4.5(E)(5) (Required
Findings for Conditional Use), in that the project is incompatible in terms of
building mass and intensity of use with surrounding development.
Planning and Zoning Board Ste;;~port
Conditional Use Request - Pine~'~ple Grove Village
Page 22
Recommend approval of the request for Conditional Use to allow a density over 30 units
per acre within the CBD-RC zone district for Pineapple Grove Village based upon
positive findings with respect to LDR Section 4.4.13(I) (Performance Standards for
Density), the Pineapple Grove Neighborhood Plan, Chapter 3 (Performance Standards),
and Section 2.4.5(E)(5) (Conditional Use Findings) of the Land Development
Regulations, and the policies of the Comprehensive Plan, subject to the following
conditions:
That a site plan be submitted which addresses the "Technical Items" attached in
Exhibit "A' and in general conformance to the submitted sketch plan;
Approval of a site plan by SPRAB that is in general conformance to the submitted
sketch plan. That the revised elevations be in general conformance to the
elevations submitted with the conditional use request.
An additional 4' ingress/egress easement be dedicated along the alley to
accommodate 20' right-of-way.
That intersection of NE 3rd Avenue and NE 3rd Street together with the area
immediately west of the intersection of NE 2nd Street and the FEC Railroad be
finished with paver block to match the intersection of Pineapple Grove Way and
East Atlantic Avenue.
That all service utilities located on the property or public utilities within the public
right-of-way must be placed under ground. Furthermore, the utility poles along
the west side of the property within the alley must be removed and located
underground.
That a location for a bus shelter be provided on the property together with an
easement dedicated for this purpose or that the applicant contribute half the cost
of a bus shelter ($7,500) for a shelter along the existing Palm Tran bus route
located on NE 1st Street.
That the southern elevation of the clubhouse and the east elevation of the
apartment building adjacent to the FEC Railroad be provided with additional
architectural features to be approved by SPRAB.
That at least 70% of the compact spaces within the two parking areas along the
south side of the property must be converted to standard parking spaces.
That the waiver request be submitted for the required stacking distance at the
driveways and that the security gates are relocated or removed.
Planning and Zoning Board Sta:;':-':~.port
Conditional Use Request- Pineapple Grove Village
Page 23
10.
That a revised traffic study is submitted that includes the average daily trips
generated by the existing uses of the property.
11. That additional bicycle parking facilities are provided throughout the project.
12.
That a minimum of a 10' building setback is provided along NE 3rd Avenue and
the alley along the west side of the property.
13.
Wall fac,,ade treatment of the apartment buildings shall utilize a minimum of two
(2) building materials. The materials shall be alternated among the floors. The
recommended materials are stucco with a cementitious fiberglass board such as
Hardiplank or Cemplank or alternative equivalent.
14.
The fifth floor balconies shall be redesigned to proportion the column features
with the support brackets to avoid the appearance of a "floating/unsupported
balcony" and/or stepping back the balconies help further reduce the massing.
15.
Additional architectural treatment such as recess/projections at one for every 20
linear feet, windows and/or glass block, columns, tile details, decorative louvers,
and any combination thereof on the east elevation of Building II (adjacent to FEC
railway).
16. Variations in color schemes throughout the floors and/or units
17.
Addressing PZ and CRA staff technical comments such as, but not limited to,
setbacks, internal consistencies between plans, noting that all interior upgrades
provided on floor plans are standard not "add-ons/customized" items.
Attachments:
· Exhibit "A"
· Site Plan, Building Elevations, Landscape Plans
· Letter from Mr. Morgan N. Russell dated April 11, 2002
Report prepared by: Scott D. Pape, Senior Planner
Planning and Zoning Board Sta;'i'::.-,i~.port
Conditional Use Request- Pine~'pple Grove Village
Page 24
1. That a fence or barrier shall be provided around the pool pursuant to LDR Section
4.6.15(A).
2. That paved access is provided for all mechanical, storage, stairs, bicycle racks and
mail centers.
3. That recycling facilities and method of screening are provided.
Deletion of gates, except for the gates to the garages of Buildings I and II. If these
cannot be eliminated, true entrance gate features with architectural details and
landscaping integrated and consistent with the overall project design should be
provided.
5. That an easement agreement be executed for the public sidewalk that is to be
located on the subject property along NE 3rd Avenue.
6. That the mail kiosk areas be located internal to the facility and not along the 16'
alley.
7. That the handicap parking spaces are relocated within the apartment garage
adjacent to the elevators.
8. That a statement be provided indicating the loading capacities of 1'-wide columns.
9. That the parking area at the south end of NE 3rd Avenue must be modified to
accommodate extension of the sidewalk to the southern end of the property.
10. That the sidewalks are extended to the south end of NE 3~d Avenue and that a
crosswalk is provided at the south end of the property. Furthermore, the sidewalk
along the south side of NE 2nd Street is extended to the FEC Railroad right-of-way.
11.That the photometric plan be revised to be consistent with the street lighting
requirement noted in the Pineapple Grove Main Street Neighborhood Plan.
12.That the street bench, trash receptacle and bollard details be consistent with those
provided on Pineapple Grove Way and the locations noted on the site plan.
13.
That the site visibility triangles must be correctly noted on the site plan for 40' at the
intersection of public rights-of-way and 20' for the intersection of driveways and
rights-of-way. A waiver will be necessary as the buildings will encroach into the
required triangles.
Planning and Zoning Board Sta::'i.'~:i:.~port
Conditional Use Request - Pine~Jpple Grove Village
Page 25
14. That a plat application must be processed and recorded prior to issuance of a
building permit.
15. That type "D" curbing shall be provided for all landscape areas including the
townhomes pursuant to LDR Section 4.6.16(E)(3).
16. That a note is added to the site plan that all service utilities will be placed
underground.
17. That all plans be coordinated with respect to the installation of the paver block mid-
block along NE 3rd Avenue.
18.That a colored rendering of the buildings are provided together with the color
samples of the buildings and that they are consistent with the approved color
schemes available at the Pineapple Grove Main Street, Inc. office.
19.That a 5'-wide perimeter landscape buffer is provided for the parking area at the
southeast comer of the property in accordance with LDR Section 4.6.16(H)(3)(d) or
that a waiver request is submitted.
20.That HRS permits for water and sewer extensions must be submitted.
21.That a certified engineer's estimate of water, sewer and all improvements make
within the public rights-of-way must be provided. A 110% surety and 2%
engineering inspection fees will be required.
22. Sewer service may not be taken off of 15" sewer main in NE 2nd Street. Extend
sewer service at rear of townhouse units located at south end of project.
23. Provide fire flow calculations indicating that hydrants will be able to deliver 2000 gpm
at 20 psi residual.
24. Provide cross section from structures to furthest right-of-way line at all property lines.
25. Provide details of control for drainage structures E-4, E-10 and E-16.
26.The proposed stop sign on west-bound NE 2nd Street appears too close to the FEC
Railroad tracks with respect to stacking.
27. That details of the security gates must be provided.
28. That the improvements to NE 3rd Avenue are revised in accordance with direction by
the City Engineer.
29. Indicate irrigation water services.
Planning and Zoning Board Sta',~..i i:.,~port ,".:".. ~
· ,Conditional Use Request- Pineapple Grove Village
Page 26
30. Provide a 1.5' separation between the end of the wheel stop and the end of the
parking space.
31 .The location of all street lighting be provided on the engineering plans.
32. Indicate the location of proposed mol drain tie-in, if any.
33.That the landscape plan is revised in accordance with the direction of the City
Horticulturalist.
34.That the exfiltration connection located along the south side of the property within
the NE 3rd Avenue right-of-way be eliminated.
35. Redesign of the loading area along the FEC Railroad is required. The current
configuration does not function with the one-way traffic flow noted on the plan.
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{{l i
Pineapple
Grove Associates,
LLC
170 N.E. 2nd Avenue
DelraYBkach~ FL 33444
April 11, 2002
-~ Tel. (561) 330-8251
Fax: (561) 330-8246
E-mad: esplanade2002@aol.com
Mr. Paul Dorling
Director of Planning and Zoning
100 N.W. First Avenue
Delray Beach, FL 33444
Re: pineapple Grove Village
Dear Mr. Dorling:
I currently own and operate some 85,000 square feet of retail space in Delray Beach,
including the 32,000 square foot center, Esplanade in the Grove. My personal
involvement and commitment to the city's redevelopment since the 1980's does not
qualify me as a founding father, but I have been committing substantial amounts of time,
effort, and capital in Delray Beach long before it was fashionable.
Over the past six months, I have followed closely the proposal to develop 160 rental units
at Pineapple Grove Village. I am a supporter of the project and applaud the efforts of
RAM Development Company and the city to boldly alter the profile of this difficult area
of Pineapple Grove. I recognize that there are inherent risks associated with the proposed
dramatic increase in density and the resulting traffic pressure on existing municipal
infrastructures. However, if carefully designed, I believe the net benefit of the project to
the community will be positive.
There are two components of the proposed design that crease:me grave concern. _.The first
addresses the apparent conversion of the service alley between N.E. 2nd Avenue
(Pineapple Grove Way) and N.E. 3rd Avenue into a major thoroughfare without
addressing the needed expansion of the right-of-way. For fifty years the dedicated sixteen
foot right-of-way alley has been adequate for one-way access for emergency and delivery
vehicles servicing the zero lot line commercial center to the west that I currently own.
The latest Pineapple Grove Village site plan indicates that this incidental service alley
will be required to accommodate daily traffic for forty eight assigned parking spaces, two
projected securiB; gated entrances, as well as garbage, mail, and other service trucks. By
usage, the developers will effectively create a new street, "N.E. 2 1/2 Avenue". This
situation is further ag~m'avated by the design of 48 back-out parking spaces that will
clearly result in congestion and a significant safety hazard. Additionally, I see no
provision for the necessary stacking lanes for the two one-car-at-a-time gated entrances.
To adequately mitigate the absolutely predictable hazards of the current design, the
existing sixteen foot right-of-way must be increased by the following: (1) three feet to
allow for the safe pedestrian egress from the rear of the existing commercial building into
a significant vehicular 'waffle roadway, (2) four feet of additional vehicular right-of-way
to create a minimum of twenty feet to allow two tracks to pass safely, and (3) one foot of
transition to a planned pedestrian walkway for obvious safety concerns. In addition, the
site plan must provide adequate space on-site to prevent the necessity of vehicles backing
out into the above required right-of-way to exit the development. The problems
associated with stacking for two gated entrances are real. I have no personal experience
with the minimum requirements for this demand.
I believe these issues are not ones of convenience but rather absolute necessity and safety
that will result in major problems forever if not addressed as I have proposed.
Secondly, I agree with the acceptability of the forty-eight foot height limitation, but the
approval of essentially two monoliths nearly fifty feet high and over four hundred feet
long that will absolutely dominate Pineapple Grove Way is a mistake and avoidable. The
top of the parapet wall (the highest point) around the soon to be completed fitness center
at the Esplanade is twenty feet high. The 414 foot monolith proposed to be built across
the alley will loom thirty feet above this building. The city has spent millions to
transform Pineapple Grove Way into a pedestrian friendly promenade. I am spending
several million to perpetuate this vision. I believe that Ram Development should be
required to modify the western aparUnent monolith to create significant additional sight
lines in the southern portion of subject building. I am not speaking of tokenism. As
residents and visitors travel north along Pineapple Grove Way, they should be protected
from the relative enormity of the proposed project. The loss of sixteen units to create a
meaningful sight line in the southern portion °fthe western building would accomplish
this. Coincidentally, the absolute necessity of expanding the right-of-way and the
resulting elimination of certain parking along the alley may dictate this reduction in
approved units.
Again, I strongly support all other aspects of the RAM Development project: I am certain
that the issues I have raised represent design oversights that will result in major problems
that will have no solution if not properly addressed in design. I fear that failure to
properly resolve these issues now will jeopardize public acceptance of future high density
projects.
MorgaN. RuSsell, Managin~
Pineapple Grove Associates, LLC
LAKE IDA ROAD
CITY
ATTORNEY
BUILDING
MART1NLUTHERKING JR. DR,
CITY
HALL
CASON
METHODIST
CHURCH
COMMUNITY
CENTER
TENNIS
STADIUM
3RD 3RD
N.W. 2ND ST.) N.
N.W. 1ST ST.
OLD
SCHOOL
SQUARE
ATLANTIC
ST.
AVENUE
1ST ST.
53T'1 ST.
I__
N
CITY OF DELRAY BEACH, FL
PLANNING & ZONING DEPARTMENT
PINEAPPLE GROVE VILLAGE
-- DI¢IT,41. B45£ 1*~4P SY$7'E'M --
MAP RE~': LM5g8
Pineapple Grove Main Street, Inc.
A Florida Main Street Program for Delray Beach
298 Norrhws~ Pinenppk G~ve Way · Del~y B~ch · Florida 33~'I,
phone (561) 279-9952 · fax (561) 279-0108
M~ch !2. 2002
P~.tl J. $1~-e~v,. Ala.
Slatmy and Associates
2060 NW Boca Raton Blvd.. Suite
Boca Raton, Florida 33431
RE: Enclnrse~nent of the Conceottml Desien for Pinean~le Grove Villaee
Thank you for your present, on of the design for Pineapple Grove Village at our meeting of the
Board o£Directors on March 11, 2002. The presentafon was very comprehensive regarding the
design direction for the project.
At the meeting, the Board of Directors discussed the project at l~ngtir Through an official
motion, the Board voted to _~apport the conceptual design direction of the project. The Board
would still like the Design Committee, chaired by Robert Curi'ie, to review the design details as
you refine them. The Design Committee will make comments to the City before project review
by the Planning and Zoning Board.
Congratulations on your progress and we l°°k forward to a fine building and many new residents
in the Pineapple Grove neighborhood_
Sincerely,
Program Manager
cc: PGMS Board of Directors
Paul Dorling, Planning & Zoning
Diane Domingus, CRA
TO:
THRU:
FROM:
D~~UL4~D T. H/~RDE. N,. CITY MANAGER
~~-'~' NNING &
oF
S/~COTT ARONSOi~, PARKING MANAGEMENT SPECIALIST
SUBJECT:
MEETING OF MAY 7, 2002 - REGULAR AGENDA
REVIEW A REQUEST FROM SAN SEBASTIAN FOR THE
PURCHASE OF SlX (6) IN-LIEU PARKING SPACES IN ADDITION
TO THE CONSTRUCTION OF FIFTEEN (15) ON-STREET PARKING
SPACES IN ADJACENT RIGHTS-OF-WAY
San Sebastian is a proposed development containing 32 town homes located on the
south side of NE 3rd Street from NE 4th Avenue to the alley east of NE 5th Avenue
(Southbound Federal Highway). Pursuant to Land Development Regulations (LDR)
Section 4.4.13.(G)(1)(e) the development requires seventy (70) on site parking
spaces. The proposed site plan provides sixty four on site parking spaces. The
applicant is requesting the purchase of six (6) in-lieu parking spaces at a cost of
twelve thousand dollars ($12,000) each, totaling seventy two thousand dollars
($72,000), to be paid in full at the time of submission of a building permit application.
LDR Section 4.6.9(E)(3)(e) states in addition to in-lieu fees due, where adequate
right-of-way exists adjacent to a proposed project the applicant must construct
additional on-street parking. Consequently, the approved site plan calls for the
construction of fifteen (15) on-street parking spaces along NE 5th Avenue and NE 3rd
Street, for which the applicant will seek reimbursement of the in-lieu parking fee paid
in accordance with LDR Section 4.6.9(E)(3)(e). Since the applicant is providing on-
street parking in excess of in-lieu parking spaces subject to fees City Commission
approval is required.
The construction of the fifteen (15) on-street parking spaces benefits the surrounding
area and will be available for use by the general public.
The Parking Management Advisory Board, at their meeting of March 26, 2002,
unanimously recommended approval of the applicant's request.
By motion, approve the request from San Sebastian for the purchase of six (6) in-lieu
parking spaces and the construction of fifteen (15) on-street parking spaces.
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~q/!
AGENDA ITEM # '~ - REGULAR MEETING OF MAy 7, 200:~
REOUEST FOR SIDEWALK DEFERRAL/1021 LEWIS COVE ROAD
DATE: MAY 3, 2002
We received a request from Cheryl Coletti to defer the requirements of LDR Section 6.1.3(D)(1)Oa) to
install a sidewalk in front of a single-family residential lot (1021 Lewis Cove Road) in Delray Beach
Shores Subdivision.
Currently, there are no sidewalks on this cul-de-sac street within Delray Beach Shores Subdivision and
no plans in the future to install sidewalks. Therefore, staff is in support of the developer's request to
have the sidewalk in front of 1021 Lewis Cove Road deferred.
Recommend approval of the sidewalk deferral request.
S:\City Clerk\chevelle fokler\agenda memoa\SidewalEDeferralRequest.05.07.02
City Of Delray Beach
Department of Environmental Services
M E M 0 R A
N D U M
TO:
FROM:
DATE:
SUBJECT:
David T. Harden
Randal L. Krejcarek, P.E.
24-Apr-02
City Commission Agenda Item
Sidewalk Deferral Request
1021 Lewis Cove Road
RECEIVED
APR 3 0 2002
CITY MANAGER
The attached agenda item is a request for a deferral of sidewalk installation in front of
1021 Lewis Cove Road. This lot is a single-family residential lot located just west of SR
A1A.
There currently are no sidewalks on this cul-de-sac street. Although a sidewalk may be
installed at some point in the future, there are no current plans to install a sidewalk on
this street.
Therefore, I am supporting the request to have the sidewalk in front of 1021 Lewis Cove
Road deferred.
The attached map indicates the location of this sidewalk deferral.
Please place this item on the 07 May 2002 Commission Agenda.
Thanks.
enc
cc
Richard Hasko, P.E.
file
S:tEngAdmin~etterstRLK~SIDEWALK~1021 lewis cove deferral agenda memo 07may2OO2. doc
i
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.................................................... ~ ..: ~ ................... .~, ~
of DELRAY BEACH LEWIS COVE ROAD
E~N~AL 8E~CE8 DEP~E~ SIDEWALK DERERRAL
~ ~ ~ ~ ~ ~ ~ ~ 2002-200
Prepared By: RETURN TO:
tL Brian Shutt, P.-~q.
City Attorney's Offw, e
200 N.W. 1st Avenue
D¢lray Beach, florida 33444
AG'~MENT FOR
SIDEWALK IMPROVE~fl~rTS
THIS AGREEMENT entered into this day of ,
200_, between the City of Delray Beach (hereinafter the City) and
the requirement of the installation of a sidewalk along/4Pb~/t.~ ~.~ide ~'~, until such time
as the City requosts the construction of the sidewalk by the Owns.
WHEREAS, Land Developmen! Regulation Section 6.1.3(C) requires the installation of
a sidewalk, within the right-of-way immediately abutting the
subject property, by the Owner prior to the issuance of a certificate of occupancy; and,
WHEREAS, the Owners have requested a waiver from th~ requirement of the
installation of a sidewalk pursuant to Land Developzn~t Regulation Section 6.1.3(D)(1)Co);
WHEREAS, in order to provide conformity along the street the City Commission voted
to waive fl~e requ/rement for the inslalhtion of a sidewalk until such 1krne as the City requests
the Owner construct the sidewalk.
04/2~/0~
1i:08 FA~ ~$! 14B ?B14 EI~IROI~[E~&L SRv. DEPT.
~00~
WITNESSETH
NOW, TtIEREFORE, in wit~ss of the above and in consideration of the City agreeing
waive the requirement for the installation of a sidewalk, at this time, for the property
located at:
1. The Owaer agrees to comtruct a sidewalk, at its sole cost and expense, alon~
the right-of-way abutfln~, the subject property, within a time
period that is acceptable to ~ City, after being requested to do so by the City. Thc sidewalk,
when construcr~, shall meet all of the current ordinances of the City of Delray Beach.
2. h is ~he i~ent of the parli~s that this Agreemeut shall nm with thc land. This
Agreement shall be recorded in the public records of Palm ~each CountT, Florida and shall be
binding on the parties legal representatives, heirs, succcssors and assigns.
IN WITNESS WHEREOF, the parties to this agreement ~t their hands and seals this
~day of
ATTEST:
City Cleric
Approved as to form and sufficizncy:
CITY OF DELRAY BEACH, FLORIDA
By:
Mayor
City Attorney
2
WITNESSES:
ENVIRON~IENT,Ms SRV. DEPT.
1~ 004
(Please type or prim name)
STATE 01; ~C1,~
COUNTY OF
The Ibregoing im~ w~s _aci~no~,ledged before me this ~; d~y of
(name
or
agenO,
~me of corporation), a (Stal~ or place
of incorporation) corporation, on behalf of th: corporation. H~'5~ is personalty known ~o moo
Signature of Notar~ Public -
(SEAI.)
Date: 24 Apr 2002
Request to be placed on:
X Consent Agenda
When: 07 May 2002
AGENDA ITEM NUMBER:
AGENDA REQUEST
Regular Agenda Workshop Agenda
Special Agenda
Description of Agenda Item (who, what, where, how much):
Approval/authorization for Mayor to siqn sidewalk deferral a.qreement for 1027 Lewis Cove
Road
Recommendation Staff recommer~p; ~
Department Head Signature: \~ c[~Z~ ~ o~
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure of funds):
Funding Available: Yes / No Initials: N^
Account Number NA
Description NA
Account Balance: NA
Funding Alternatives: NA
City Manager Review:
Approved for Agenda: ~/No Initials:
Hold Until:
Agenda Coordinator Review:
Received:
(if applicable)
S:~EngAdmintLetters~qLK~SIDEWALl~1021 lewis cove deferral agenda 07may2OO2. doc
lIT%'
AII-Amedca City
1993
2001 TO:
BER£H
100 N,W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 561/243-7000
MEMORANDUM
David T. Harden
City Manager
FROM: ~obert A. Barcinski
Assistant City Manager
DATE: May 1, 2002
SUBJECT:
AGENDA ITEM CITY COMMISSION MEETING
MAY 7, 2002 APPROVAL SPECIAL EVENT REQUEST
4th ANNUAL GARLIC FESTIVAL
ACTION
City Commission is requested to endorse the Fourth Annual Garlic Festival to be held on
November 1st through 3fa, 2002, to grant a temporary use permit per LDR's Section
2.4.6(H) for use of City rights-of-way (NE 1st Avenue from Atlantic to NE 1st Street and
NE 2nd Avenue from the alley just north of Atlantic to NE 1 st Street on October 31st at
6:00 a.m.), and the Worthing Park parking lot to waive LDR's Section 4.6.7 (D)(3)(j) (ii),
to allow signage and banners to be placed more than one (1) week prior to the event, to
provide staff support as outlined in the attached letter, and to split overtime costs 50/50
for police, fire, and other staff assistance.
BA CKGR 0 UND
Attached is a letter from Nancy Stewart, Executive Director of the Delray Beach Garlic
Festival, requesting City Commission to endorse the Fourth Annual Garlic Festival, to
use City rights-of-way, to place signage and banners up two to three (3) weeks before the
event, and to provide staff support for security, barricading, clean up, stage set up, banner
hanging, and other assistance as outlined, with a 50/50 split of overtime costs for police
and fire support. The event sponsor will be responsible for liability insurance, event
management, and set up. The estimated overtime cost for this event is $20,320. Last
years overtime costs were approximately $21,620. Proceeds from the event will again be
shared with volunteer organizations. Last year $10,600 was disbursed to various
organizations (see attached). Last year the event sponsor paid 50% of the overtime costs.
Attached is an event budget, site plan and information concerning previous years
charitable contributions. The event sponsor has obtained a contract for the use of the Old
School Square site as well as an agreement with the CRA for the use of their parking lot.
Printed on Recycled Paper
THE EFFORT ALWAYS MATTERS
Agenda Item
Page 2
RECOMMENDATION
Staff recommends endorsement of the event, granting the temporary use permit, waiving
the sign code, and providing staff assistance as requested with the following
recommended changes to the request:
· No approval to barricade NE 2nd Avenue.
· 60/40 split on overtime - event sponsor to pay 60%.
Approval to be contingent on receipt of general liability insurance certificate, liquor
liability certificate and hold harmless agreement.
File:u:sweeney/events
Doc: Garlic Festival 2002
March 11, 2002
Mr. Bob Barcinski
City of Delray Beach
100 N.W. 1 Avenue
Delray Beach, FL 33444
RECEIVED
NAR 1 200
CITY MAP~AGER
Dear Bob,
The Delray Beach Festival Association's 4th Annual Delray Beach Garlic Festival, has been
approved for a Temporary Use Permit for approximately 200 feet of N.E. 1st Ave. on Block 76
adjacent to CRA Parking Lots as shown on the attached map and all of Old School Square
grounds. We are requesting that this portion of the City be closed from 6:00 am Thursday,
October 31, 2002 through midnight Sunday, November 3, 2002.
This festival will again be a gated event with an admission fee of $5 per person. This
admission fee is charged in order to guarantee monetary contributions to volunteer and non-
profit organizations working our event.
st
Event dates this year are Friday, November 1 , 2002 (5:00 pm - 11:00 pm), Saturday,
November 2nd, 2002 (10:00 am to 11:00 pm) and Sunday, November 3r~, 2002 (10:00 am to
6:00 pm). In addition to this year's event, we have booked the 5th Annual: Nov. 6, 7, & 8
2003 and the 6th Annual: Nov. 4, 5 & 6 2004.
We are
1)
2)
3)
4)
5)
requesting that the following area be barricaded at locations outlined below:
The entrance to N.E. 1st Ave. @ E. Atlantic Avenue (adjacent to Old School Square)
North to N.E. 1st Street.
N.E. 2nd Ave. @ the alley entrance (approx. 200 feet North of E. Atlantic Ave.) North
to N. E 1 st Street.
Closing of this portion City needs to be closed by midnight on Thurs., October 31st in
order to begin installation of fencing and ensure that all vehicles are removed from
lots.
Our main entrance will move to the sidewalk entrance to the Cornell Museum and our
2nd entrance will remain North of the arch entering into Pineapple Grove (on the
corner of Atlantic Avenue and NE 2nd Avenue).
Use of lot on North side of City Hall as free parking area for patrons of event, along
with signage directing them to lot.
2)
.~73)
4)
4)
The Delray Beach Festival Association is also requesting approval for utilization of City Staff
for the following:
1) Signage Request:
a) Waiver of event signage timing lifted in order to display signage 2 - 3 weeks prior
to event.
b) Installation of banners on Atlantic Ave. (use of lamp posts for signage display),
signage on Federal Highway North of Linton, Federal High North of George Bush
Blvd., W. Atlantic Avenue East of 195 and Linton Blvd. East of 195.
c) Event & Parking Signage in appropriate areas (to be determined once parking is
secured).
d) Barricades placed at CRA Lot (Block 76) by noon on Friday, November 1st, 2002,
CRA Lot directly North of Dunkin Donuts.
Installation and production of necessary signage throughout the City as listed in #1.
Use of both Parks & Recreation stages (including cover). Large stage to be set-up on
grounds of Old School Square (for use in Children's area)
Use of 4 sets of Parks & Recreation bleachers for the Garlic Chef Stadium.
Clean-up services (during & after event in conjunction with SVVA) and usage of
adjacent dumpsters (Coordinating w/Parks & Rec).
5) Usage of street lights & electricity at all strategic locations as shown on attached map.
6) Temporary shut down of sprinklers in festival area.
7) Grass to be cut week of event on Old School Square Grounds.
8) Waiver to permit alcoholic beverage consumption on festival grounds.
Ci~ReqL~2000.doc
~,B E A C He
~"NOI 1¥ I OO$SV
Delray Beach
Festival Association,
Inc.
10 S.E. lstAvenue
Second Floor
DelrayBeach
FL 33444
Vendors & General Info
Tel: (561) 279-0907
Sponsor Info
Tel: (561) 274-4663
Fax: (561)274-6129
www.dbgarlicfest.com
Page 2
9) Waiver of noise ordinance for music.
10) Provide Police coverage/security and Fire Department Rescue and First Aid.
11) Distribution of garbage and recycling containers on festival grounds and clean-up
during and after event.
12) Early installation of Christmas Tree (by Oct 30, 2002) so that we may use grounds for
children's area again this year.
Proposed parking for the festival will be along Atlantic Avenue, Public Parking lot located on
S.E. 1st Avenue (behind Sopra's building) and the CRA Parking lots 2, 3 & 4 / Block 60
located behind Dunkin Donuts. Additional parking at Court House pending County approval.
The event is requesting these items to be added to the agenda of the May 2002 meeting of
the City Commission.
Per your request, I have also attached the breakdowns of revenue, expenditures and
contributions from last year's event. Should you have any questions, please contact me at
274-4663. Thank you for your consideration and support!
Sincerely,
Nancy 'Stewart
Executive Director
Delray Beach Garlic Festival
cc: Bob Barcinski
City Req Ltr 2000.doc
i
4th ANNUAL DELRAY BEACH GARLIC FEST
(PROPOSED INCOME AND EXPENSES)
ADMIN AND OFFICE EXPENSE
55,816
ADMISSIONS & BOX OFFICE 6,250
SECURITY / POLICE / FIRE / MEDICAL 11,000
PLUMBING 3,000
ELECTRICAL 2,600
DECORATING 13,142
FOOD / BEVERAGE 20,750
CLEANING / TRASH 500
PARKING 500
INSURANCE 8,000
UTILITIES 3,000
STAGE / SOUND I LIGHTING 18,950
MISCELLANEOUS 22,000
PAYROLL 3,500
DONATIONS/CONTRIBUTION TO NON-PROFIT ORGANIZATIONS 10,000
GROUND RENTAL 5,000
TOTAL BUDGET 184,008
SPONSORSHIP 50,000
FOOD RIGHTS/FOOD VENDORS 10,000
FOOD % (estimated) 15,000
BEER/WINE 12,000
ADMISSIONS 60,000
MARKETPLACE VENDOR SALES 10,000
GRANTS (CRA) 1,000
TOTAL 158,000
ITEMIZED EXPENSE CATEGORIES
CONTRACT LABOR
DESIGN FEES
OFFICE RENT (SEPT - DEC)
OFFICE UTILITIES (SEPT - DEC)
TELEPHONE ($125 MO AVG)
OCCUPATIONAL LICENSE
NEWSPAPER SUBSCRIPTIONS
ADMISSION TICKETS
MISCELLANEOUS BOX OFFICE EQUIPMENT
BOX OFFICE SIGNS
BOX OFFICE AND ADMISSIONS SUPERVISOR
MONEY ROOM PERSONNEL
TWO PERSON TICKET BOXES
TICKET BOXES
START UP BANK
UNIFORMED POLICE OFFICERS (3 DAYS)
FIRE
EMS
PRIVATE SECURITY
MEDICAL
PORTABLE TOILET FACILITIES
MOBILITY IMPAIRED TOILET FACILITIES
DAILY CLEANING OF PORTABLE TOILETS
MISCELLANEOUS PLUMBING SUPPLIES
LICENSED MASTER ELECTRICIAN
ELECTRICIAN HELPER
PORTABLE GENERATORS
FUEL FOR GENERATORS
PORTABLE LIGHT TOWERS
FUEL FOR PORTABLE LIGHT TOWERS
MISCELLANEOUS WIRE AND SUPPLIES
(25) 10'X 10' CLEAR SPAN TENTS
(100) TABLES, (400) CHAIRS, LIGHTING
COVERED TABLES AND CHAIRS FOR PATRON
DINING
BEER & WINE TENT 20x40
BLUE PRINTS, DRAWINGS & TENT PERMITS
PLANTS AND FLOWERS
ON-SITE DIRECTIONAL & INFO SIGNS
FENCING
(5) 20x20 AND (1) 30x50 Eating Tent
GOURMET ALLEY/EQUIPMENT 20x40
MAIN ENTRANCE
COMP/DEMO STAGE TENT
SIGNAGE
ITEMIZED EXPENSE CATEGORIES (continued)
BEER
WINE
GOURMET ALLEY FOOD
RUM RUNNER MACHINES
TRASH CONTAINERS
40 YARD TRASH CONTAINERS
CLEANING CONTRACT
PLASTIC BAGS
DIRECTIONAL SIGNS
PORTABLE LIGHT TOWERS
FUEL FOR PORTABLE LIGHT TOWERS
FLASHLIGHTS, BATTERIES, SAFETY VESTS
PARKING PERSONNEL
GENERAL LIABILITY
WORKERS COMPENSATION
RAIN INSURANCE
RENTAL TRAILER (DRESSING ROOM)
FOOD AND BEVERAGE FOR ENTERTAINERS
ENTERTAINMENT/MUSIC
RENTAL TRAILERS (OFFICES)
OFFICE FURNITURE RENTAL
OFFICE SUPPLIES
VENDORS AND SPONSORS CONTRACTS
PRINTING)
TWO WAY RADIO RENTAL
TELEPHONES / COPY MACHINE / FAX MACHINE
RENTALS)
HOTEL ACCOMMODATIONS FOR SOME STAFF
GOLF CART RENTALS
FACILITY RENT
COOKING EQUIPMENT
TV/RADIO ADVERTISING)
CASH PRIZES FOR RECIPE CONTEST WINNERS
($100 EAX 3)
CASH PRIZE FOR GARLIC CHEF CONTEST
$1,000; 1
OPERATIONS PERSONNEL,
BENEFACTOR~ TO DATE FOR
DELRAY BEACH GARI,IC FF_~T
(Contributions to date = $41,000.00)
ATLANTIC HIGH EAGLE-ETTES
ATLANTIC HIGH FOOTBALL TEAM
AVDA {AID TO VICTIMS OF DOMESTIC ASSAULT
BANYAN CREEK PTA
BOYNTON BEACH COMMUNITY HIGH SCHOOL TIGERETTES
BOYNTON/DELRAY EXCHANGE CLUB
CARVER MIDDLE SCHOOL
CITY OF DELRAY BEACH
COMMUNITY REDEVELOPMENT AGENCY
DELl/AY BEACH CHAMBER OF COMMERCE EDUCATION FOUNDATION
DELRAY BEACH POLICE EXPLORERS
HAVEN FOR ABUSED CHILDREN
KEY CLUB
OLD SCHOOL SQUARE EDUCATION MENTORING PROGRAM
PINEAPPLE GROVE - DELRAY BEACH
PINEAPPLE GROVE ART WALK
PINE GROVE SCHOOL OF THE ARTS
ROSA TUSA SCHOLARSHIP FUND
ST. VINCENT FERRER CATHOLIC CHURCH
UNITY OF ATLANTIC HIGH SCHOOL
YOUTH COUNCIL OF DELRAY BEACH
2001 BEN.EFAC..
3~ ~ ~ Beach Gai;li~ Fest
BOYNTON BEACH COMMUNITY HIGHSCHOOL TIGERETTES ........ $1,320.00
BANYAN CREEK PTA ..................................................................... $2,560.00
UNITY OF ATLANTIC HIGH SCHOOL ............................................. $1,300.00
DELRAY BEACH POLICE EXPLORERS POST 319 .......................... $2,140.00
PINEAPPLE GROVE MAIN STREET ................................................ $1,280.00
PINEAPPLE GROVE ART WALK .................................................... $2,000.00
TOTAL ................................................................................... $10,600.00
2000 BEN EFACTORS
Annual Delray Beach Garlic Festival
ATLANTIC HIGH EAGLE-ETTES ..................................................... $2,500.00
BANYAN CREEK PTA ...................................................................... $1,200.00
CARVER MIDDLE SCHOOL ............................................................ $1,000.00
UNITY OF ATLANTIC HIGH SCHOOL ................................................ $800.00
HAVEN FOR ABUSED CHILDREN ..................................................... $800.00
YOUTH COUNCIL OF DELRAY BEACH .............................................$300.00
DELRAY BEACH POLICE EXPLORERS .......................................... $1,600.00
BOYNTON/DELRAY EXCHANGE CLUB ............................................ $600.00
AVDA (AID TO VICTIMS OF DOMESTIC ASSAULT ............................ $100.00
OLD SCHOOL SQUARE .................................................................. $2,000.00
PINEAPPLE GROVE - DELRAY BEACH .......................................... $1,400.00
TOTAL .................................................................................. $12,300.00
1999 BENEFACTORR
Is' Annual Delray Beach GarUc Festival
PINE GROVE SCHOOL OF THE ARTS PTA ..................................... $1,500.00
BANYAN CREEK PTA ...................................................................... $1,200.00
FOOTBALLTEAM ATLANTIC HIGH SCHOOL .................................. $1,300.00
UNITY OF ATLANTIC HIGH SCHOOL ...................... '. ......................... $800.00
HAVEN FOR ABUSED CHILDREN ..................................................... $600.00
YOUTH COUNCIL OF DELRAY BEACH ..:. ......................................... $400.00
GREATER DELRAY BEACH CHAMBER OF COMMERCE
CHARITIES INC. EDUCATION FOUNDATION .................................... $400.00
DELRAY BEACH POLICE EXPLORERS .................. ~ .......................... $400.00
BOYNTON/DELRAY EXCHANGE CLUB ............................................ $400.00
LAKE WORTH CHRISTIAN .......................................................... : ...... $200.00
AVDA (AID TO VICTIMS OF DOMESTIC ASSAULT ............................ $130.00
THE CULINARY INSTITUTE-ROSA TUSA FUND ............................. $1,000.00
CRA (upgrade to electric in CRA lot) ............................................... $2,800.00
MILAGRO
.......................................................................................... $200.00
OLD SCHOOL SQUARE .................................................................. $2,000.00
PINEAPPLE GROVE AHrWALK PROGRAM ..................................... $4,000.00
TOTAL .................................................................................. $17,330.00
TO:
THRU:
FROM:
SUBJECT:
D~)~.~A~CITY MANAGER
DORLING,(D__I~ECTOR OF PLANNING & ZONING
MEETING OF MAY 7, 2002 - REGULAR AGENDA
APPROVAL OF A REQUEST FROM THE DELRAY BEACH JOINT
VENTURE TO EXTEND THE CLOSING TIME OF THE SANDOWAY
PARKING LOT ON MAY 17, 2002 TO 11:00 PM TO ACCOMMODATE
BALLOON GLOW (OPENING CEREMONY OF THE BALLOON
RACE WEEKEND).
The applicant, the Delray Beach Joint Venture, is requesting that the Sandoway
Parking Lot remain open until 11:00 PM in order to accommodate the Balloon Glow,
which is the opening ceremony to a weekend-long event known as "Balloon Race
Weekend". The normal closing time for the lot is 8:00 PM.
The Balloon Glow will be held on Atlantic Avenue, between Ocean Boulevard and
Andrews Avenue from 7:00 - 10:00 PM. Last years attendance for the event was
estimated between 3,000 - 4,000 people. The use of the Sandoway Parking Lot for
this event will help to mitigate the parking impact to surrounding neighborhood
streets.
The nature of the event will allow people to view the balloons until 10:00 PM. Leaving
the Sandoway Parking Lot open until 11:00 PM will give festival attendees ample
time to retrieve their cars at the conclusion of the event.
The Parking Management Advisory Board, at their meeting of April 23, 2002,
unanimously recommended approval of the applicant's request.
By motion, approve the request from the Delray Beach Joint Venture to extend the
closing time of the Sandoway Lot on Friday, May 17, 2002 to 11:00 PM to
accommodate Balloon Glow.
Attachments:
Formal Request from
Delray Beach Joint Venture
atlantic
April 11, 2001
Mr. Scott Aronson, Parking Specialist
City of Delray Beach
100 N.W. I st Avenue
Delray Beach, FL 33444
Re: Extension of Hours for Hot Air Balloon Glow - Sandowa¥ Parkin,q Lot
On May 17th the Joint Venture will have its annual Hot Air Balloon Glow on AIA and
Atlantic Avenue from 7:00 p.m. to 10:00 p.m. For the convenience of those attending
this event we are requesting that approval be given to extend the closing time and that
the lot not be closed until 11:00 p.m. This will allow time for the people parked in the lot
to get their cars.
We appreciate your forwarding this request to the Parking Management Advisory Board
for their consideration.
Sincerely,
MARJORIE FERRER
Downtown Coordinator
APR 12 2002
DELRAY BEACH JOINT VENTURE * Community Redevelopment Agency · Delray Beach Chamber of Commerce * Downtown Development Authority
64-A S.E. Fifth Avenue. Delray Beach, FL 33483 * Tel: 561-278-0424 · 561-278-0555 * www.delraybeachvillagebythesea-com
[IT¥ DF DELRrl¥ BErlCH
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993
DATE:
TO:
FROM:
MEMORANDUM
May 1, 2002
City Commission
Brian Shutt, Assistant City Attorney
Writer's Direct Line: 561/243-7091
SUBJECT:. Acquisition of Property for Retention
Resolution No. 38-02 authorizes the City to purchase certain property located east of
Congress Avenue and on the north side of Dr. Carol Kroll Way from the Reddy Ice
Corporation for the purchase price of $661,400.00. The purpose of the acquisition is to
provide for stormwater retention for the newly constructed N.W. 18t~ Avenue project.
Incorporated within the resolution are the terms and conditions of the contract for sale and
purchase. The contract provides for the closing to occur by July 5, 2002. The seller shall
fumish a title commitment to the City prior to closing and shall pay the cost for
documentary stamps. The seller will pay all commissions.
By copy of this memo to David Harden, please place this item on the May 7, 2002 City
Commission agenda. Please call if you have any questions.
Attachments
CC:
David Harden, City Manager v'/
Barbara Garito, City Clerk
Randal Krejcarek, City Engineer
RESOLUTION NO. 38-02
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO
PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM
BEACH COUNTY, FLORIDA, DESCRIBED AS PARCEL C, LL PARK
OF COMMERCE REPLAT LOCATED EAST OF CONGRESS AVENUE
AND ON THE NORTH SIDE OF DR. CAROL KROLL WAY AS MORE
PARTICULARLY DESCRIBED HEREIN; HEREBY INCORPORATING
AND ACCEPTING THE CONTRACT STATING THE TERMS AND
CONDITIONS FOR THE SALE AND PURCHASE BETWEEN REDDY
ICE CORPORATION AND THE CITY OF DELRAY BEACH, FLORIDA.
WHEREAS, the City of Delray Beach, Florida, wishes to acquire Parcel C, LL Park of Commerce
Replat located East of Congress Avenue and on the North side of Dr. Carol Kroll Way, for stormwater
retention purposes; and
WHEREAS, the Seller hereinafter named desires to sell the property hereinafter described to the
City of Delray Beach Florida; and
WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to purchase said property
for the purpose described above.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach, Florida, as Buyer, hereby agrees
to purchase from Reddy Ice Corporation, as Seller, land for stormwater retention purposes, for the purchase
price of Six Hundred Sixty-One Thousand Four Hundred dollars ($661,400.00), and other good and
valuable consideration; said parcel being more particularly described as follows:
Parcel C, LL Park. of Commerce Replat, according to the plat thereof on file
' ~ -lin the office of:the Clerk of CirCUit Court in and for Palm Beach CoUnty,
Florida, in plat book 72, Pages 91 & 92.
Section 2. That the terms and conditions contained in the contract for sale and purchase and
addenda thereto between the City of Delray Beach, Florida, and the Seller as hereinabove named are
incorporated herein.
PASSED AND ADOPTED in regular session on the
~day of ,2002.
ATTEST:
MAYOR
City Clerk
-,~-3[-~-282 ,~: 52PM FROM 561 +833+[~23z~
Sent By: ,IIEDDY IcE CORI:"ORATZON; 2145281532;
&pr-30-02 1:23PM;
I~looz/007
Page 2/8
CONT .R~..CT FOR s.~T-W OF
Tins co~rRA~ °fsalc ~ t~; d~ of A~L 20122 b~ aad btt~a lti~l~ ICE
COReORATION, hemal= radlr, d tb~ Sell=. and CITY OF D~LRAY BEACN,
7557 gam~ RouzL. Su~ t200. ]:)aUra. T~ 7~]; ~ ~ ]~ o~e ~ a20 Col~
~c, S~ 105, ~ P~ ~ ~Jo~ ~ W ~r ~ ScU~ ~e s~ of ~
~ of ~ ~ An ~~ F~'JT THUU~D ~~S AND N~i~
(~0,~.~) ~ ~ ~ ~ ~ d~ m ~ Ti~ ~~ C.,~o. ~ ~
~ ~t:
335 Nenh Ceag~e~ Avefllae, ned a~lidomlly de~xi~ ~ Exhibit "A" ~ hr. axe.
PRICE: $~;1,~O.~, pa~rsbl~ ~ mah at deaia~
&D3USTIv~NT$ TO ]gE MADE AT TLME OF CLOSING:
(J)
(2)
(4)
Taxes fur C .uzrent Year to be pmmmi aa of~ dosing date
Sr. Uer~ Fir~ Imm'aere to bt r.~cclled ~ C~g (Se. lief ~ bear r;sk of hazard lass
tl~h ~ of aced.)
04/30/02 TUE 15:50 [TX/RX NO 9758]
O,~,'30,'OZ 14:34 ~14 871 20Z3 GINSBURG
~c pmi~rty m
APPROVAL OF TIT~-~- COMM1TMltWt: 'Within tv&my (20) days from Thc F. ffc~ve
th~ Sedl~ shall furnish m, th~ Buy~- a ~ mmmim~-nt ("Tiff,: Commi~) for the
of ~ Owner's Policy of T'rtlc lusm~.~ m thc Buyer fix~:t tb~ Titic Compzny, togL. th~ with
]c$ible co~ of' all documen13 oonsfi~ c~ccl~ns u~ Sclle~'s title ~ ~
~ ~~ ~ ~l~ ~ ~ ~ (5) ~ ~ ~i~ ~ ~,,-~ no~cc or ~ l~cr
fi~ (5) da~ ~ ~ C~ ~ ~ ~ ~ B~a's o~~; ~~
~li~ ~ ~ ~ ~ S~I~ ~ ~vc ~ days ~ ~ ~i~ ~
DEFAULT BY SELLER: tn dec event dat' Seller should ~ m mm~ ~ ~~
~v~ ~ Bu~ ~ ny ~i~o~ ~ of ~y ~b~ ~ of ~c ~ or ~ ~ ~
~. · ::: ? ~?:= - /:??:T~-_ :~,:::-:.:- : :::: . :..
any rusan, un:pt doFault by ScLtcr ar thc failur~ af Seller ~o M~i:d~ uny of ~c ~m m
~c~~Ce ~d ~~ of~g ~ d~s. No ~y ~ ~~ in the
shall ~ ~ rJg~ or ~y or ~ ~n~d ~ 8 wmv~ o~ ~ s~ b~,~ ~~ or
04/30/02 TUE 15:50 [TX/RX NO 97581
04/3o/01 14:35 "~'214 ST! 2o23 GINS.BURG
Sent By: REDD¥ TCE CORPO.qa, T~ON~ 21~,52B153~;
Apr-.':JO- 02 1
th~ occun-in8. 'rbe waiver by Seller Of'any condition at th~ bre, m:h of'amy ~m,m. covenant
or cunditim~ herc~ contained sbaU not be deemed to be a waive= at'any o0~ conc~aon or of any
s~bszqucr~! bre~:h of tlae shine or amy mher ~um, eovu2anl at condition herr-in ~mtaifled.
polluumzs oF alAer envL, qmmL*n~ .ba,y,u~] (~ such may be clef~mim~ fTom tttnc to ,,i,..~. by
appUcablc ]~ws amd ~ulations) on or' a~jacer~ ~o ttIe property, and Buy..-r is rctyi~ on Its own
~on of'the ~',,,1cc3~ ~o dctc2'm~nc ils err~mnmenLI1 comUdon and suitability ~r Buycr's
INSPI::ITrlON: B't..,ycz shall l'mvc atcm, iod' or frAW-fr~ ~¢~) days beE'~,'-',inE May 7. 2002.
0a"ml:,~'tion Period) i.~ whir.,h t= e. ondurt an inspm=fi,=n of' tim p, mpcny and m conduct
studies regarding Buy=Fa intended usg ofll'~ Pru~y. Buycr's studi¢~ may iz~t,ui=, but not bc
limq~d 1~. ~ore Isofizlg~ env~ ~ arrki~cclllml IL-,sts and invewtigstioI~ phywical
iaspectiens of ~d si~e ~. ~ mils. aad examir~,m of aU other maztm3 tulatin~
to the ProlX:rty. Buyer, its s~,c~s, empl .om:s. mnsultam~ and invimes sl~l hn,~ ~ right of
nmsormblc esrtry onto the Property d~ring r, armal business horn's for purposc:s o£ said inspccdom.
t~st~ ~ ~-.,',~na~ions deemed rm:=s.mry by Buy=. All su~ studies, urrd ~ h~x~-'tiom shall
bc ~ Bulc~-'s ~ an~ ]3u,/cr ~vU! Frev~de $cUc~ cuFics o£ ~tl ~:pu~. To tb extent
Petmilted by lww, widaout ~rai~Sn& savn'ei~n immuai~, BuT~ will i~emai~ ~ hold kilcr
.-tm=d~ ore,~l't~m dl ~ ~'~ a~l liabait~:~ir~ ma7 a~er~ to Seller as
t remh d' ~ ~ rd, ea q, uinst ttm erol:m'ty c,~ ~ or' q,~,rk done f~ on betel of
dnmngc to tl~ ptopcr~ as a re,aalt orBu,~-a-'$ ~,rk af~d pcrr, on~ injuri~ stt~i~ bra, ror~ as
a rULd~ of Bt~y~r's ~ ]J' Buy~ ~ct,, in Bu]~r's W]~ dLqr. rm:jon, no ma~ter bow
arbatTa~, tl~t the Property is not ~ for Ruyer's ~mead~ use ot purpose, o: is not
ther~ot' to ScUcr nn or be/'orc the last duy of'thc 1tape. on Pe~i(xl and. in su~ event, tl~
lvlm~y sbaU be r=na-.ed by the TiT~e Compm~ to Buye~ £~h and neith~- pm. fy shrill hm,c
04/30/02 TUE 15:50 [TX/RX NO 9758]
Serrt By:, R£DDY ICE C:;ClRPC)RAT2:I~; 2145281
P.~
~1005/oo7
Page
any ftmhcr rJ~)~ ~ old.om bc~der ~ ~r thc,sc x~hts m~d DMi~ons wl'~ich
~$CL~ CONSmXRAT~ONs:
a~zt~s d~tt dM~ ~ tm3x.qt~z~zq~ t~ m tl~ Pmj~,rry m Buy'~ 'mill
Thc' -~F=crivc Dmc ~ bg ~ dine w~en xbc Ieee ong ag' ghc ]~.y~c sad Scllcr has siEned ghis
T~mo Ls ~d'the ess~Ec old, is (mubuez and 811 c~flh~
04/30/02 ~ 15:50 [TX/RX NO 9758]
04/30/02 14:36
By: II, EDDY I~...E CC~IPC~IATION; 21452~1S3:~i
P.'7
P~ga 6/6
doses ~ ~u~. C.~mmb~-i~.m. ~ b~ ~d ,-~ t"oHows:
3,0 %
:~.0 %
! ~,n.Lif'y thai I have l'u/ly rud. uad=mand, and accg~ all Ibc provbkms of ti~s
WITNKS$ om ~ m~d Mils ~ d~y of _ ,2002.
~ of Dcl Ray ~
BROKER: " BAOKE3t:
I:'~l Lcbrm / Arvida lbmlty
$61/83J-Q2:M fax ' 561/479-20~8 fax
04/30/02 TUE 15:50 [TX/RX NO 9758]
~.-30-2~}2
04/30/02
BE, mM I='~OM BE;1 +S33+ta23z~ P- @
24:36 ~2:L4 ,67! 202:3 GZN$B'L~G ~)007/0U7
E,X:BZBIT A
Parcel C:, LI. PAI~K OF COfllqER(:E REPLAT, accord;ne t= the plat thereoF, recorded in Plat
Book 72, Page 9~1, Public kecc;rds or Palm Beach (:outcry, Fforida.
04/30/02 TUE 15:50 [TX/RX NO 9758}
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~ .
RESOLUTION NO. 37-02 .flVIID-YEfi~ BUDGET ADJUSTMENT)
DATE: MAY 3, 2002 : . ! :,
Resolution N°i 37-02 ~es mid:~ ~,djusments to the adopted budget for Fiscal Year 2002. Also
attached are support schedules and backup documentation for your review.
Recommend approval of Resolution No. 37-02 amending the mid-year budget.
s/Chevei~A~memo. Re~ 37-02 Amending Mid-Ye~ 2002 Budget 5/07/02
· ~ ~.Z"., .~_g' ' . . .!~ 5_ ;~,-~_..;~ ;? .. '
RF_~OI. JJTION 'NO. 37-02
A RESOLUTION OF THE. CITY.COMMISSION OF THE CITY
OF DR!.RAY BEACH, FLORIDA, AMENDING RESOLUTION
NO. 56-01 ADOPTED SEPTEMBER 19, 2001, WHICH MADE
~..z. 2L-.'¥._,/:' ,_:__2kPPROPRIATIONS .OF SUMS, OF MONEY FOR · ALI.
NECESSARY EXPENDITURES OF THE CITY OF DF~.I.RAY
BEACH, FLORIDA, FOR THE FISCAL YEAR 2001/2002, BY
----'---" ....... ~--' '-SETTING ::FORTH'THE '-'.ANTICIPATF__.D REVENUES AND
F_.XPEND~RF~ FOR'THE' OPERATING FUNDS OF'THE
CITY FOR THE FISCAL YEAR 2001/2002; REPEALING AI.I.
RESOLUTIONS INCONSISTENT HEREWITH.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DR!.RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 1 of Resolution No. 56-01 adopted by the City Commission
of the City of Delray Beach; Florida, on September 19, 2001, is hereby repealed, and a new Section 1
is enacted and amended to read as follows:
'-'~":~:~:...~?/: ;:~:~ ~:?I;ha~tl~e~~ .un~ of money, attached hereto and ma~ked
Exhibit "A", a~e hereby appropriated upon the terms and conditions
herein set forth.
~ ._That, su~ject~:to the q~ualifiCations'-co~tained'in ~is resolution, all
appropriations made out of the General Fund are declared to be maximum, conditional and
proportionate appropriations, the purpose being to make the appropriations payable in full in the
amounts herein n~med if necessary and then only in the event the aggregate revenues collected and
other resources available during the period commencing the 1't day of October, 2001, and ending
the 30* day of September, 2002, for which the appropriations are made, are sufficient to pay all the
appropriations in flail. Othervtise, said appropriations shall be deemed to be payable in such
proportion as the total sum of realized revenue of the General Fund is to the total amount of
revenues estimated by the City Commission to be available in the period commencing the 1't day of
October, 2001, and ending the 30* day of September, 2002.
Section 3. That all balances of the appropriations payable out of the General Fund
of the City Treasury unencumbered at the dose of business on the 30* day of September, 2001,
except as otherwise provided for, are hereby declared to be lapsed into the City Treasury and may be
used for the. payment of the appropriations which may be made in any appropriation for the fiscal
year commencing the 1" day of October, 2001. However, nothing in this section shall be construed
to be applicable to unencumbered balances remaining to the credit of the Water and Sewer Fund,
Sanitation Fund or any Fund created by the setting up of special revenue, but such balances shall be
used in financing the proposed expenditures of these Funds for the fiscal year commencing the 1"
day of October, 2001.
EXHIBIT A
BUDGET SUMMARY
CITY OF DELRAY BEACH, FLORIDA
FISCAL YEAR 2001-2002
- - GENERAL
FUND
CASH BALANCES BROUGHT FORWARD ._ . 1,686,61 0
ESTIMATED REVENUES:
TAXES ........................ U,~ges
AD VALOREM TAXES 7.37 26,549,610
AD VALOREM TAXES ' .-_ __ :_ ~J__0-~ ...... 2,248,000
AD VALOREM-DELINQUENT : ' . - ~ . ~ . .: .: [i~._ ~_ 7~2_,6~
AD VALOREM - DDA
Sales & Use Taxes
Franchise Taxes
Utility Taxes
Other Taxes
Ucenses & Permits
Intergovemmental
Charges for Services
Fines & Forfeitures
Miscellaneous Revenues
Other Financing Sources
TOTAL REVENUES AND OTHER
FINANCB~ SOURCES
TOTAL ESTIMATED REVENUES
AND BALANCES
1,600,000
3,408,950
3,891,280
3,855,000
2,575,940
6,224,850
4,894,210
989,500
2,590,990
2,740,200
DOWNTOWN
DEVELOPMENT ENTERPRISE
FUND FUNDS
62,910 6,661,285
SPECIAL
REVENUE
FUNDS
9~3,598
87,030 2,033,870
29,508,630
61,641,160
163,830
27,900
6,000 1,154,510 28,200
60,000 1,246940
169,830 30,810,170' 3,336,910
EXPENDrrURES/EXPENSES:
General Government Services
Public Safety
Physical Environment
Transportation
Economic Environment -
Human Sen~ces
Culture & Recreation
Debt Service
Other Financing Uses
TOTAL EXPENDITURES/EXPENSES
63,327,770 232,740 37,471,455 4,290,508
7,888,525
34,827,002
340,890
1,405,179
2,220,989
128,000
8,577,753
4,648,100
3,046,880
232,740
232,740
63,283,318
. ~6,ooo
21,289,567
3,146,o78
4,091,664 696,745
6,809,590 ~
5,220,290 271,620
37,411,111 4,160,443
Reserves
TOTAL EXPENDITURES AND RESERVES
44,452
63,327,770
232,74O
60~344 130~065
37,471,455 4,2~0,508
TOTAL
9,364,403
26,549,610
2,248,000
72,630
163,830
1,600,000
3,408,950
3,891,280
3,855,000
2,575,940
8,345,750
34,402,840
1,017,400
3,779,700
4,047,140
95,958,070
105,322,473
7,888,525
34,873,002
21,630,457
1,405,179
5,599,807
128,000
13,366,162
11,657,690
8,538,790
105,087,612
234~861
I O5,322,473
RES. NO. 37-02
Mid Year Budget Amendment
Fiscal Year 2001-2002
lntereovernmental Revenues
A shortfall of $12,820 is expected at fiscal year end. This is primarily due to a projected shortfall in the revenue
sharing line item ($190,000) and the Palm Beach County Owl Foundation Grant ($5,000) offset by estinn_ted
surpius balances in state sales tax ($25,000), Palm Beach County Sheriff's Grant ($23,330), MacArthur
Foundation Grant ($58,270), EMS Grant ($61,100), and occupational license revenues ($2,000).
char~es for Services ..~ ~._.: ~ ~: ~ r ~ 4 -- -- ~ :
The City can expect a shortfall of $383,230. The shortfall is due to a decrease in the projections for zoning fees
:_~t$%000),:!:conditional ase.~f~es ($9,000), other governmental charges ($4,000), other public safety ($13,940),
parking fees ($24,500), facility rental - teen cemer ($11,000), sponsorships ($150,000), tennis memberships
($35,000), tennis memberships ($17,500), tennis lesson sales - combined sites ($105,000), tennis general
::.~admissions ($20,500), sale of met¢l-~gti~ ($35,500)..This is offset by surplus b~9!_a~ces expected in plat approval
fees ($11,250), site approval fees ($10,?00), Wanspo~t fees ~High!and Beach ($20,000), road impa~ ct fees ($5,000),
and parking fees - Atlantic Avenue and Gleason Street ($20,000). Please note that there is corresponding
dec~eases on the expense side relative to tennis lessons and to the sale of merchandise.
F'mes and Forfeitures
($100,000), the reimbursement of $12.50 Traffic ViolatiOn fines ($183,000), and false alarm fees ($5,000) offset by
es6mated shortfalls in code enforcemem fines ($20,000) and penalties levied for not having building permits
($10,000).
A surplus of $125,000 is anticipated due to an increase in the tran~er from the Insurance Fund ($140,000) offset
by a decrease in the projection for the Debt Service Fund interest earnings tran~er .($15,000). This is due to lower
intarest rates than ori~n~lly anticipated.
Ctmtribution from Other Funds
No variance is. ex-in~ed at this lime.
Rg~overy of A~trative Costs
No variance is expected at this time.
]M~#w. Hnneous Revenue
A ~l~rff~11 of $571,120 is expected at fiscal year end. The short0a_ 11 is primarily due to an estimated shortfall in
interest earnings on investments ($615,000), interest earnings on tax collections ($41,500), and refund of prior
yea~ expenditures ($8,000) and misc~llan~ons iL~s~enues ($10,000). This is offset by an inGTeuse in revenues due to
tennis stadium rentals ($14,320), Drug Enforcement operational expense reimbursement ($23,770), donated
property ($42,220), CRA Downtown Business Area reimbursement ($10,000), and misceil_aneons contributions
($5,000). The surplus relative to donated property ($42,000) is negated by a corresponding expense.
Mid Year Budget Amendment
Fiscal Year 2001-2002
General Fund Expenditures
General Government
This category includes the legislative and administrative departments of the City and the mincellancous division.
The increase m General Government expenditures totals $1,460,457.
The majority of this increase is in the Miscellaneous division in order to fund the $1,305,000 for the Mervil
settl_emea_ t as well as the $62,500 for Langton Associut~ grant writing services.
_The increase_in the City Clea'k's budget covers additional expenses associated with increased election costs as well
as funding to rclmblinh the City's Code of Ordinances using services provided by Municipal Code Corporation.
.......... ,,.Management Information Systems budget includes funding an additional ,Senior Office Automation Analyst to
continue this division's reo ~l'Enni~'mi~n which will lead to'inCreased pnzim-fiv~ and performance. This division is
currently using contracted employees to assist in handling thc increased workload.
Adjustments were also made in all the departments in this category to fund the General Employee Pension
contribution made in December as well as adjustments based on new health and disability insurance rates.
This category includes the Police and Fire Departments and Community Improvement. The increase in Public
Safety expenditures totals $502,223.
The Police Departmem's budget docrcase includes the removal of surplus health and disability insurance funds.
-Adjustments ~'inciude the additi~ ~ gram funding for .~alaries and equipment as well as a decrease in
equipment expenses with a corresponding reduction in the E911 reimbursements.
The increase in the Fire Department totals $570,259. This includes funding to cover salary and benefit increases
as a result of the new union contract as well as adjustments to health and disability insurance premi.m.~. Also
included is thc purchase of a Mcdjockcy lH Emergency Response Unit as well as other equipment funded by a State
of Florida EMS Grant.
The Community Improvement budget shows a net decrease of $3,925 due to health and disability insurance
adjustments.
Physical Enviroment
This category, which con~._nts of Public Works Administration and the Cemetery, includes an increase of $5,490
mainly resulting from ~lory shortfalls due to the new Blue Collar Union Contract.
Transoortation
The net chonge in thin category is an increase of $42,260 mainly due to increased ~lory expenses for blue collar . -
employees.
Ga~sl l~sd Exp~di~rm
APPROVED
CATEGORY/DEPARTMENT BUDGET
General Govutmnmat ~ervims
City Commiz~ion 228.301
Ci~ Manager 266,768
Public lnformn6on 82,160
City Ck~k 463,190
PROPOSED
ADJusrMEI~Fr
1,720
4,0gO
(10)
21,635
,. ?,641
(380)
(4,35O)
(S,420)
(65)
(],730)
1;,,40~,496
. ----Pulme 8a~ '
~ 18,614,985 (04,] ] 1)
Faro 13,312,034 570,259
Comn~mity Improvement 2,397,760 (3,925)
134,520
200,880
4?6,700
265,645
556,283
s~,gs.
21,065
122,000
1,8?4,410
$2,{17,47fl
'ro~'rramramem
Total Eemmmk: Em4rmm~m
128,000
?,519,743
187,000
1,016,400
Total General Fund Expenditures
(5,910)
11,400
~$,4~
8,950
13,730 ·
0
52,604
(1,570):
152,480
(251,390)
~,000
0
0
($201,390)
47,~
($488,$89)
FYO2
REVISED
BUDGET
23o,o21
27O.848
82,150
364'2?O
.-. 970,716
201,467
457,620
.. 904,146
519,538
339,520
1,434,536
18,550,874
13,882~93
2,393,835
128,610
212,280
485,650
279,375
556'283
83,871
$1,4~fl,1'/9
73,669
120,430
2,026,890
12~,000
SI28,000
7,268.353
106,000
187,000
1,016,400
S8,ST7,7S3
Sd,848,100
Mid Year Budget Amendment
Fiscal Year 2001-2002
.O er Fun (con nue
,,StormWater t;tniti
A decrease in this fund of $23,460 is mainly due to a reduction in interest earnings as well as the deletion of the
Florida InlandNavigation District gram in the amount of $10,000. This grant for the N.E. 4t~ Seawall Park was
not awaraed aaa will ~ sought again in fiscal year 2003.
?,d. justmems in this~ fund ~ for a net in~mse of $104,400. An additional $80,000 is being budgeted due to
-~'- :a~_~Jtional o~_~de ~ce ~. Also included is an increa~ in the cost of parts for inventory. These changes
are reflected in both the garage expendinu, es and the ~ revenues. AdjUstments are also being made
based on the changes in the health and disability insurance premiums.
Insurance Fund
Adjustments to this fund include the decreased expenses for the City's disability inawancc plan effective May 1,
2002 as well as adjustments to the health insurance premi,ms. Revenues received from the departments and the
associated expenses are both being adjusted based on these new rates. Other minor adjustments are being made to
correspond to changes made in various benefit line items due to staff vacancies throughout the City.
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEMc~,,~--~x.' REGULAR MEETING OF MAY 7. 2002
PURCHASE OF BREEZY RIDGE PROPERTIES
DATE: MAY 3, 2002
This is before the Commission to consider approval of contracts for the purchase of twenty-two (22)
Breezy Ridge properties. The contract prices are thirty (30) percent over the appraised value and they
provide for:
· Early closing in order to pay the residents in an expeditious manner
· Early payoff of any mortgages for those that will close in May
· An opportunity for residents to stay after closing until November 1, 2002 without rental fees
· A relocation benefit of $1,500.00 when a resident vacates the property
Attached is one contract for your review. All of the contracts follow the same form, but if you would
like to view the other contracts, they are available in the City Clerk's office.
Recommend approval of contracts for the purchase of twenty-two (22) Breezy Ridge properties.
S:\City Clerk\chevelle folder\agenda memos\Breezy lladge.05.07.02
[lTV DF DELR;I¥ BER£H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993
TO:
FROM:
SUBJECT:
MEMORANDUM
May 3, 2002
City Commission
Susan A. Ruby, City Attorney
Approval of Contracts for Certain Breezy Ridge Residents
The contracts with the parties listed below are presented for your approval. The
contract prices represent a purchase price of thirty percent over the appraised
value.
The contracts also provide for:
Early closing in an effort to get the money into the hands of the residents as
soon as possible.
Early closing also makes possible the early payoff of any mortgages, so
that no mortgage payments will need be paid for June, July, August,
September and October for those that close in May.
There is an opportunity for the residents to stay on after closing until
November 1,2002 at no rent.
A relocation benefit is provided, of $1,500.00, payable when a resident
vacates the property.
There is also a provision that if any Breezy Ridge resident were to receive
more than thirty percent over appraised value as the purchase price, then
before closing, all Breezy Ridge contracts would be adjusted to provide the
same percentage over appraised value.
The following contracts are before you for approval:
Jose and Glenda Rivera
12-43-46-18-02-000-0050
$182,000.00
Kurt and Denise Godfrey
12-43-46-18-02-000-0150
$169,000.00
City Commission
May 3, 2002
Page 2
o
10.
11.
12.
13.
14.
15.
16.
Christopher and Kathleen Yates
12-43-46-18-02-000-0070
Dean and Jean Fabien
12-43-46-18-02-000-0210
Eugene and Maritanne Jean Pierre
12-43-46-18-02-000-0430
Robert and Patsy Estes
12-43-46-18-02-000-0450
David Reinhart
12-43-46-18-02-000-0460
Wagner Veloso
12-43-46-18-02-000-0470
Jo A. Newsome
12-43-46-18-02-000-0500
Theresa McClam
12-43-46-18-28-001-0020
Eugene Jr. and Lillie Jackson
12-43-46-18-02-000-0440
Mr. and Mrs. Toledo
12-43-46-18-02-000-0540
Alicia Rivem
12-43-46-18-02-000-0410
Milagros Ocasio
12-43-46-18-02-000-0130
Mr. and Mrs. Weintraub
12-43-46-18-02-000-0360
AK & Cynthia Hilton
12-43-46-18-02-000-0170
$195,000.00
$153,400.00
$153 400.00
$156 000.00
$162 500.00
$188 500.00
$162 500.00
$130 000.00
$156 000.00
$169,000.00
$179,400.00
$169,000.00
$179,400.00
$182,000.00
City Commission
May 3, 2002
Page 3
17. Muxene Aubin & Anefise Joseph $162,500.00
12-43-46-18-02-000-0090
18. Emmanuel Tassey and Jean Alesy $156,000.00
12-43-46-18-02-000-0140
19. Ronald Ashton and Isabella Podesta $179,400.00
12-43-46-18-02-000-0060
20. Joanne Waldorf $149,500.00
12-43-46-18-02-000-0390
21. Sylvester and Pauline Griffin $156,000.00
12-43-46-18-02-000-0490
22. Sylvester and Pauline Griffin $175,500.00
12-43-46-18-02-000-0520
We have established May 21, 2002 as the target date for the receipt of the
remaining contracts from Breezy Ridge residents. Thereafter, in order to meet our
contractual obligations of the transfer of land to the School Board by December 1,
2002, we will have to start other statutory procedures in order to complete the
acquisitions by the December 1,2002 deadline.
Please place the consideration of the above contracts on the City Commission
agenda for approval.
Please call if you have any questions.
SAR:c~~~
Attachments
CC:
David Harden, City Manager
Barbara Garito, City Clerk
Joe Safford, Finance Director
Becky O'Connor, Treasurer
Robert Federspiel, Esq.
CONTRACT FOR SALE ARD PIIRCHASE
PARTIES: JOSE L. RIVERA and GLENDA E. RI%~ERA, his wife, ("Seller"), of 2415 NW 2nd
Street, Delray Beach, Florida 33445, (Phone: 243-1061), and the CITY OF DELRAY
BEACH, a Florida municipal corporation, ("Bi/~_~"), of I00 N.W. 1st Avenue, Delray
Beach, FL 33444 (Phone: 561-243-7000), hereby agree that the Seller shall sell
and Buyer shall buy the following described Real Property and Personal Property
(collectively "P~") upon the following terms and conditions, which INCLUDE
the Standards for Real Estate Transactions ("~J.~") on the reverse side
hereof or attached hereto and riders and any addenda to this Contract for Sale
and Purchase ("~").
DESCRIPTION:
(a) Legal description of the Real Property located in Palm Beach County,
Florida:
Lot 5, Replat of Part of Breezy Ridge Estates, according to the map
or plat thereof as recorded in Plat Book 24, Page 116, Public
Records of Palm Beach County, Florida
Property Control No.:12-43-46-18-02-000-0050
(b) Street address, city, zip, of the Property is: 2415 NW 2nd Street,
Delray Beach, Florida
II. PURCHASE PRICE:
PAYMENT:
(a)
Deposit(s) paid within three (3)
business days following the Effective
Date of this Contract, to be
held in escrow by Robert W. Federspiel,
P.A. Trust Account in the amount of
$ 1,000.00
(b)
Balance to close (U.S. cash, attorney trust
account check, LOCALLY DRAWN certified or
cashier's check, or wire transfer) subject to
adjustments or proration
Total
$182,000.00
III.
IV.
TIMT~ FOR ACCEPTANCE; EFFECTI~rE DATE; FACSIMILE: If this offer is not
executed by and delivered to all parties OR FACT OF EXECUTION communicated
in writing between the parties prior to such offer being withdrawn by the
first party signing, the deposit(s) will, at Buyer's option, be returned
and this offer withdraw~n. The date of Contract ("Effective Date") will be
the later of the date when the last one of the Buyer and the Seller has
signed this offer or the date the City Commission of the City of Delray
Beach approves this Contract. A facsimile copy of this Contract and any
signatures thereon shall be considered for all purposes as originals.
TITLE ~"FIDENCE: At least 30 days from the effective date, (CHECK ONLY
ONE): []Seller shall, at Seller's expense, deliver to Buyer or Buyer's
attorney; OR ·Buyer shall at Buyer's expense obtain (CHECK ONLY ONE):
Oabstract of tltle or ·title insurance commitment (with legible copies
of instruments listed as exceptions attached thereto) and, after closing,
an owner's policy of title insurance.
Vo
CLOSING DATE: This transaction shall be closed and the warranty Deed and
other closing papers delivered on the second Tuesday following the
expiration of the feasibility study period as provided for in Section
XI(A), unless modified by other provisions of Contract.
RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to:
comprehensive land use plans, zoning, restrictions, prohibitions and other
requirements imposed by governmental authority; restrictions and matters
appearing on the plat or otherwise common to the subdivIsion; public
utility easements of record (easements are to be located contiguous to
Real Property lines and nc~ more than 10 feet in width as to the rear or
front lines and 7-1/2 feet _n width as to the side lines, unless otherwise
stated herein); taxes for year of closing and subsequent years; assumed
mortgages and purchase money mortgages, if any (if additional items, see
addendum); provided that there exists at closing no violation of the
foregoing.
VII.
OCCUPANCY: Seller warrants there are no parties in occupancy other than
Seller. Seller shall deliver occupancy of Property to Buyer at time of
closing unless otherwise stated herein. If occupancy is to be delivered
before closing, Buyer assumes all risk of loss to Property from date of
occupancy, shall be responsible and liable for maintenance from that date,
and shall be deemed to have accepted Property in its existing condition as
of time of taking occupancy unless otherwise stated herein.
VIII. TYPEWRITTEN OR F~%~-DWRITTEN PROVISIONS: Typewritten or handwritten
provisions, riders and addenda shall control all printed provisions of
this Contract in conflict with them.
IX.
ASSIGNABILITY: (CHECK ONLY ONE): Buyer (1) · may assign and thereby be
released from any further liability under this Contract; Omay assign but
not be released from liability under this Contract; or ~may not assign
this Contract.
XI.
DISCLOSURES:
(a) Radon
(b)
is a naturally occurrin9 radioactive gas that, when
accumulated in a building in sufficient quantities, may present
health risks to persons who are exposed to it over time. Levels of
radon that exceed federal and state guidelines have been found in
buildings in Florida. Additional information regarding Radon or
Radon testing may be obtained from your County Public Health unit.
Buyer may have determined the energy efficiency rating of the
residential building, if any is located on the Real Property.
SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided,
attached addendum and CHECK HERE ·.
CITY OF DELRAY BEACH
By:
Tax ID No. 59-6000308
Date
Rivera Date
Social Security C-~l
or Tax ID No. 0% j-,%3--~. -;
Glenda E. Riv~rA
Date
Social Security ~/~_ ~f../~ ~
or Tax ID No. _~_~/
Deposit(s) under Paragraph II (a> received; IF OTHER THAN CASH, THEN SUBJECT TO
CLEA3~CE: ROBERT W. FEDERSPIEL, P.A.
By:
SELLER:
BUYER:
PROPERTY ADDRESS:
XI.
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
JOSE L. RIVERA and GLENDA E. RIVERA
CITY OF DELRAY BEACH, a Florida municipal corporation
2415 NW 2nd Street, Delray Beach, FL 33445
SPECIAL CLAUSES; ADDENDA (Continued):
A. The Buyer shall have twelve (12) business days following the approval
of this contract by the City Commission as set forth in ~A~ below within
which to conduct any and all feasibility studies and determinations relative to
the suitability for the acquisition of the subject property by the Buyer and the
Buyer reserves the express right to terminate this Contract at any time during
said period for any reason or no reason, in Buyer's sole discretion, whereupon
Buyer shall receive a full refund of all deposit monies paid hereunder. Buyer
shall be granted reasonable access to the premises to conduct such feasibility
studies and determinations, inc_uding environmental assays, core drilling,
surveys, soil sampling and other such testing.
B. This Contract is expressly contingent and' condition~d~ upon the
approval of the same by the City Commission of the City of Delray Beach within
fifteen business (15) days from the date the Seller signs this Contract, and this
Contract shall expressly not be deemed an "offer" by the Buyer for any purpose
unless and until the said City Commission shall have approved and accepted said
Contract in open session. If this Contract is not approved by the City
Commission of the City of Delray Beach within fifteen business (15) days from the
date the Seller signs this Contract, then this Contract will be null and void and
of no further force or effect.
C. This purchase is in lieu of eminent domain. The parties believe that
this transaction is exempt from documentary stamp tax pursuant to Fla. Ad, min.
Code Ann. r. 12B-4.013, however in the event the obligation for documentary stamp
tax is determined and assessed, the Seller agrees to be responsible for the same
and to indemnify, save, and hold the Buyer harmless for such taxes.
D. Early Closing: Notwithstanding the provisions set forth in Section V
of the Contract, Sellers elect to close fifteen (15) business days following the
date of delivery to the Buyer of the executed Contract and a copy of all mortgage
account information relative to any mortgages Seller may have on the subject
property.
Seller hereby acknowledges that they have delivered the executed Contracj~for
Sale~e~d P~ch_~ and provided the mortgage payment information on this /~- day
of 2002.
initial here:
E. Purchase Price Adjustment: The Buyer hereby agrees that in the event
it shall have entered into any voluntary contract outside of eminent domain for
the purchase of another property within the Breezy Ridge Estates subdivision
prior to the closing of this purchase and sale and such other contract would
provide a purchase price as defined in Article II. of the Contract for Sale and
Purchase which is greater than thirty percent (30%) above the appraised value of
such other property according to a bonafide appraisal acceptable to the Buyer
(the "Other Contract"), the Buyer shall increase the purchase price for the
property which is the subject of this Contract to reflect the same percentage
variance above appraised value agreed to be paid in such Other Contract.
F. Property Excluded: The following appliances, improvements, and
fixtures located in or on the subject property are hereby excluded from the sale
and will be removed when we vacate the premises:
- - ' _.] .... ~ I ...... ~ - '
G. Post-Closing Occupancy: The undersigned Sellers hereby elect to
continue to occupy the property after closing as a Tenant under a lease agreement
with the Buyer to be signed at closing in form substantially as attached hereto,
which lease will provide for the right to occupy the premises until November 1,
2002, at no rent. Further, provided that in the event the undersigned Seller has
entered into a lease with the School Board of Palm Beach County on or prior to
November 1, 2002, which lease is acceptable to the School Board of Palm Beach
County and provides for the Seller's right to continue to occupy the premises
after the conveyance of the property by the Buyer to the School Board of Palm
Beach County, the Seller shall have the right to continue occupancy after
November 1, 2002 under the lease with the Buyer until the earlier of: December 1,
2002, or the conveyance of the subject property by the Buyer to the School Board
of Palm Beach County.
If you wish to elect this po~,t-c~osing occupancy
option, please initial here:~~ ~/
H. Relocation Benefit: The Buyer hereby acknowledges that if the
subject property is occupied as of the date of closing, the occupant will receive
a relocation benefit in the amount of One Thousand Five Hundred Dollars
($1,500.00), to be paid by the Buyer to the occupant upon the occupant vacating
the subject property.
BUYER'S INITIALS:
SELLERS' INITIALS:
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. EVIDENCE OF TITLE (1)An "~ " "' prepared or brOugh% current Dy a reputable and existing abstract flrm ,~f not
existing then certified as correct by an existing firm) purporting to be an accurate synopsis of the instruments affecting tltle
to Real Property recorded in the public records of the c~unty wherein Real Proper~y is located, through Effective Date It sna!i
co~ence with the earliest public records, or such later date as may De customary in the county Upon closing of this Contract, the
abstract shall become the property of Buyer, sub]ect to the right of retention thereof by first mortgagee until fully paid (2)
A tl~l~ ~n~mran~e ~nmmlrm, n~ issued by a Florida l~censed title insurer agreeing to issue to Buyer, upon recording of the deed to
Buyer, an owner's policy of title Insurance in the amount of the purchase price, insuring Buyer's title to Real Property, s~D]ect
only ~o liens, encumbrances, exceptions or q~allflcatlo~ provided in this Contract and those which shall be discharged by Seller
at or before closing Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set
forth in Contract Marketable title shall be determined according ~o applicable T~tle Standards adopted by authority of The Florida
Bar and in accordance with law Buyer shall have 30 days. if abstract, or 5 days, ~f title commitment, from date of recelvlng
evidence of title to examine It If title is found defective, Buyer shall, within 3 days thereafter, notify Seller in writing
specifying defect(s). If the defect(s) render title u~marketable, Seller will have 30 days from receipt of notice to remove the
defect(s), fa~!lng which Buyer shall, w~thln five (5) days after expiration of the thirty (30) day period, deliver written not~ce
to Seller either (1) extending the time for a reasonable period not to exceed 120 days within whlch Seller shall use diligent effort
to remove the defects, or (2)requesting a refund of deposit(s) paid which shall ~mmedlately be returned to Buyer If Buyer fails
to so not~fy Seller, Buyer shall be deemed to have accepted the title as it then is Seller shall, if title is found unmarketable,
use dl!~gent effort to correct defect(s) in title wi~ ~n the time provided therefor If Seller ~s unable to timely correct the
defects, Buyer shall either waive the defects, or receive ~ refund of deposit(s), thereby releasing Buyer and Seller from all further
obllgat~on under this Contract
B. SURVEY: Buyer, at Buyer's expense, w~thln time allowed to del~ver evidence of t~tle, may have Real Property surveyed and
certified by a registered Florida surveyor If the survey discloses encroachments on the Real Property or that improvements located
thereon encroach on setback lines, easements, lands of others, or violate any restrictions, Contract covenants or applicable
governmental regulation, the same shall constltu~e a title defect
C. INORESS ARb EGRESS: Seller warrants and represents that there ~s ingress and egress to the Real Property sufficient for the
intended use as described in Paragraph VI. hereof, tlt!e to which is in accordance with Standard A
D. LIENS: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise prov~ed for
herein, of any flnanclng statements, clalms of lien or potential tlenors known to Seller and further attesting that there have been
no improvements or repalrs to Property for 90 days immediately preceding date of closing If Property has been Improved, or repaired
w~thln that tlme, Seller shall deliver releases or waivers of mechanics' liens executed by all general co~tractors, subcontractors,
suppliers, and materlalmen ~n addition to Seller's llen affidavit setting forth the names of all such general contractors,
subcontractors, suppliers and materlalmen and further affirming that all charges for Improvements or repairs which could serve as
a basis for a mechanic's llen or a claim for damages have been paid or w~ll be pa~d at closing of this Contract
E. PLACE OF CLOSING. Closing shall be held in the county where Real Property is located, at the office of the attorney of the
Buyer
F TIM~: In computing time periods of less than slx (6) days. Saturdays, Sundays and state or national legal holidays shall be
excluded Any time periods provlded for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5 00 p m of
the next business day. Time ~a of the essence ~n th~s Contract.
G. DOCUMENTS FOR CLOSING: Buyer shall furnish deed, owner's possession affidavit, corrective instruments, and closing statement
H. EXPENSES: Recording of correct,ye Inst~ments shall be paid by Seller, recording of deed shall be paid by Buyer Unless
otherwise provided by law or rider to this Contract, charges for the follo~.ng related title services, namely title or abstract
charge, title examination, and settlement and closing fee, shall be pald Dy the party responsible for furnishing the title evidence
I. SPECIAL ASSESSMENT LIENS: Certified. conf~rmed and ratlfled special assessment l~ens as of date of closing (not as of Effective
Date) are to be paid by Seller Pending liens as of date of closlng shall be assumed by Buyer If the Improvement has been
substantially completed as of Effective Date, any pending lien shall be considered as certified, confirmed or ratified and Seller
shall, at closing, be charged an amount equal to the last estimate of assessment for the improvement by the public body
J RISK OF LOSS: If the Property Is damaged by fire or other casualty before closing and cost of restoration does not exceed 3%
of the assessed valuation of the Property so damaged, COSt of restoration shall be an obligation of the Seller and closing shall
assessed valuation of the Improvements so damaged, Buyer shall have the option of either taking Property as is, together with either
the 3% or any insurance proceeds payable Dy virtue of such loss or damage, or of canceling Contract and receiving return of
deposit(s)
K. PROCEEDS OF SALE, CLOSING PROCEDURE The deed shall be recorded upon clearance of funds If an abstract of title has been
furnished, evidence of title shall be continued at Buyer's expense to show title In Buyer, without any encumbrances or cha~ge which
would render Seller's title unmarketable from the date of the last evidence Ail closing proceeds shall be held in escrow by Seller's
rendered unmarketable, through no fault of Buyer, Buyer shall, within the 5 day perlod, notify Seller in writing of the defect and
all deposit(s) shall, upon written demand by Buyer and within 5 days after demand, be returned ~o Buyer and simultaneously with such
repayment, Buyer shall return Personalty and vacate Real Property and reconvey the Property to Seller by special warranty deed and
· bill of sale If Buyer fails to make timely demand for refund, Buyer shall take title as is, waiving all rights against Seller as
to any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed or bill of sale If a
portion of the purchase price is to be derived from institutional financing or reflnanclng, requirements of the lending institution
as to place, time of day and procedures for closing, and for disbursement of mortgage proceeds shall control over contrary provision
in this Contract Seller shall have the right to require from the lending institution a written co~nltment that it will not withhold
disbursement of mortgage proceeds as a result of any title defect attributable to Buyer-mortgagor. The escrow and closing procedure
required by this Standard may be waived if title agent insures adverse matters pursuant to Section 627 7841, F S., as amended
L. ESCaOW: Any escrow agent (#Ao~nt") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit
them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of Contract
Failure of clearance of funds shall not excuse Buyer's performance If in doubt as to Agent's duties or liabilities under the
provisions of Contract, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties hereto
agree to its disbursement, or until a ]udgment of a court of competent 3urlsdlctlon shall determine the rights of the parties or
Agent may deposit with the clerk of the circuit court having ]urlsdlctlon of the dispute. Upon notifying all parties concerned of
such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any 1tams previously
delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F S , as amended ~ny
suit between Buyer and Seller where Agent is made a party because of acting as Agent hereunder, or in any suit wherein Agent
lnterpleads the subject matter of the escrow, Agent shall recover reasonable attorneys' fees and costs incurred wlth these amounts
to be paid from and out of the escrowed funds or equlval nt and charged and awarded as court costs in favor of the prevailing party
The Agent shall not be liable to any party or person for m~sdellvery to Buyer or Seller of items subject to thls escrow, unless such
mlsdellvery is due to willful breach of Contract or gross negligence of Agent
M. A%'fOR~"f 1~; COSTS: In any litigation, including breach, enforcement or Interpretation, arising out of this Contract, the
prevailing party in such litigation which, for the purposes of this Standard, shall include Seller, Buyer, and any brokers acting
in agency or nonagency relationships authorized by Chapter 475, F S , as amended, shall be entitled to recover from the non-
prevailing party reasonable attorney's fees, costs, and expenses
N. PAIL~Z OF PZRFORi~C~E: If Buyer fails to perform this Contract within the time specified (including pay~nt of all
deposit(s)}, the deposit(s) paid by Buyer and deposit(s) agreed to be paid, may be recovered and retained by or for the account of
Seller as agreed upon liquidated damages, consideration for the execution of this Contract and in full settlement of any claims,
whereupon, Buyer and Seller shall be relieved of all obligations under Contract, or Seller, at Seller's option, may proceed in e~ulty
to enforce Seller's rights under th~s Contract If, for any reason other than failure of Seller to make Seller's title marketable
after diligent effort, Seller fails, neglects or refuses to perform thls Contract, the Buyer may seek specific performance or elect
to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach
O. COI~CT NOT RECORD~BLE; P~SONS BOUND; NOTICE: Neither thls Contract nor any notice of l~ shall be recorded in any public
records. Thls Contract shall bind and inure to the benefit of the parties and their successors in Interest Whenever the context
permits, singular shall Include plural and one gender shall include all Notice given by or to the attorney for any party shall be
as effective as if given by or ~o that party
P. CONVEYANC~ Seller shall convey title to Real Property by warranty deed, sub]ect only to matters contained in ~a~&q~aph VT.
and those otherwise accepted by Buyer Personal Property shall, at request of Buyer, be transferred by an absolute bill of sale with
warranty of title, subject only to such matters as may be otherwise provided for herein
Q. OT~R AGrEEMeNTS: NO prior or present agreements or representations shall be binding upon Buyer or Seller unless included In
this Contract No modification or change in this Contract shall be valid or ~Indlng upon the parties unless in writing and executed
by ~he party or parties intended to be bound by it
R. WARit~NTIES: Seller warrants that there are no facts known to Seller materially affecting ~he value of the Property which are
not readily observable by Buyer or which have not been disclosed ~o Buyer
LEASE
THIS LEASE, is made by and between CITY OF DELRAY BEACH, hereinafter
called "Landlord," whose address is 100 N.W. First Avenue, Delray Beach,
Florida 33444, and
, hereinafter called "Tenant."
W I TNE S S E TH:
In consideration of the faithful performance of all covenants,
agreements and conditions herein contained, on the part of the Tenant to
be kept, done and performed, the said Landlord does hereby lease to the
Lessee the following described property:
Single family residence located at
, Delray Beach, Florida.
its "as is" condition.
Said property to be in
TO HAVE AND TO HOLD the same until November 1, 2002, at no rent.
Further, provided that in the event the Tenant has entered into a lease
with the School Board of Palm Beach County on or prior to November 1,
2002, which lease is acceptable to the School Board of Palm Beach County
and provides for the Tenant's right to continue to occupy the premises
after the conveyance of the property by the Landlord to the School Board
of Palm Beach County, the Tenant shall have the right to continue
occupancy after November 1, 2002, under the Lease with the Landlord until
the earlier of: December 1, 2002, or the conveyance of the subject
property by the Landlord to the School Board of Palm Beach County.
NOTICE TO TENANT (Pursuant to Chapter 83, F.S.)
A. Landlord designates SUSAN RUBY, ESQ., of the City Attorneys'
Office, 200 N.W. First Avenue, Delray Beach, FL 33444, as the person
authorized on its behalf to receive all notices and demands of Tenant.
THE TENANT FURTHER COVENANTS AND AGREES AS FOLLOWS:
1. Not to use or permit to be used the premises for any illegal,
immoral or improper purposes.
2. Not to make or permit any noise, disturbance or annoyance
whatsoever detrimental to the premises or to the comfort and peace of
neighboring residents.
3. The parties agree that the premises, including lawn and
plantings, and pool (if applicable), shall be continuously maintained in
good condition by the Tenant, including but not limited to air
conditioning and heat, appliances and/or appliance service contract,
interior pest extermination (if desired), lawn & plantings, lawn pest
control, building exterior, building interior, pool and equipment/pool
service, and that the obligation and cost of maintenance shall be borne
by the Tenant.
4. All charges for utilities services during the term of this
Lease, including but not limted to electric, telephone, gas/fuel, sewer,
water, and refuse collection, shall be payable by the Tenant.
5. The Tenant assume full and complete risk of loss and injury to
themselves and others which may result from the occupancy of the subject
premises pursuant to this Lease and in consideration of such tenancy, the
Tenant agrees to indemnify, save, and hold the Landlord harmless from any
and all liability, costs, claims, expenses, or damages of whatsoever
nature including defense costs, attorneys' fees, and administrative
costs.
6. Tenant shall deliver up possession of the premises at the end
of the term in as good condition as they now are, ordinary wear and tear
excepted; Tenant acknowledges prior inspection of the premises and finds
same to be in good condition except as hereinafter noted.
7. Tenant agrees that Landlord shall have the right, upon
reasonable notice, to inspect the premises and to show the premises to
prospective Tenants or Purchasers.
8. Tenant agrees to pay the cost of repairing any and all damage
to the premises occasioned by Tenant or any other party during the term
of this Lease, including the cost of removing foreign substances from
toilets and sinks.
9. Tenant covenants and agrees that the premises shall not at any
time be occupied by more than one family or persons without
written approval of the Landlord.
10. DEFAULT: Tenant's default in the performance of the covenants
and conditions hereunder shall immediately constitute Tenant as a tenant
at sufferance and, in such event, Tenant waives all right of notice to
vacate said premises, and the Landlord shall be entitled to re-enter and
retake possession of the premises immediately and without liability for
such action.
11. Tenant agrees to pay all court costs and reasonable attorney's
fees which may be paid or incurred by Landlord or Landlord's agent
enforcing the covenants, conditions, agreements and obligations of this
Lease in the event of Tenant's default hereunder.
12. This Lease contains the entire agreement of the parties and
supersedes any and all prior agreements between them. This Lease shall
be binding upon the benefit of the parties, their Personal
Representatives, successors and assigns.
13. Tenant shall not assign the Lease, or sublet the premises or
any part thereof, or permit the premises or any part thereof to be used
or occupied by anyone other than Tenant or members of Tenant's immediate
family, without the prior written consent of Landlord.
14. Tenant is hereby prohibited from making any improvements to the
subject real property other than pursuant to its repair and maintenance
and obligations as described herein and in the event a Claim of Lien
shall be recorded against the subject property as a result of any of
Tenant's actions and such Lien shall not be discharged of record within
ten (10) days thereafter, the Tenant shall be deemed to be in default
pursuant to the terms of this Lease.
IN WITNESS WHEREOF, the parties hereto have executed this Lease the
day and year first above written.
BY SIGNING THIS RENTAL AGREEMENT THE TENANT AGREES THAT UPON SURRENDER
OR ABANDONMENT, AS DEFINED BY THE FLORIDA STATUTES, THE LANDLORD SHALL
NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S
PERSONAL PROPERTY.
WITNESSES:
LANDLORD:
AS tO Landlord (2 required)
CITY OF DELRAY BEACH
By:
Printed Name:
Title:
As to Tenant (2 required) TENANT:
CONTRACT FOR SABLE ~ PURCHASE
PARTIES: KU~T C. GODFREY and DENISE N. GODFREY, ("~=.h/.a~") , of 25 NW 23rd Avenue,
Delray Beach, FL 33~5, (Phone- 272-6950), and the CITY OF DELRAY BEACH, a
Florida municipal corporaUion, ("B~.~") , of 100 N.W 1st Avenue, Delray Beach,
FL 33~%4 (Phone: 561-243-7000), hereby agree that The Seller shall sell and Buyer
shall buy the following descrlbed Real ProperTy and Personal Property
(collectively "~") upon the following terms and condltlons, which INCLUDE
the Standards for Real EsTaTe TransacTIons ("S_~") on the reverse side
hereof or attached hereto and riders and any addenda Co this Contract for Sale
and Purchase
DESCRIPTION:
(a) Legal description of The Real Property located in Palm Beach CounTy,
Florida:
Lot 15, Repla~ of Pa.- of Breezy Ridge Estates, according to the map
or plat thereof as ~corded in Plat Book 24, Page 116, Public
Records of Palm Beach County, Florida
Property Control
(b) Street address, city, zip, of the Property is: 25 NW 23rd Avenue,
Delray Beach, Florida
II. P~RCHASE P~ICE: $169.000.00
(a)
Deposit(s) paid within three (3)
business days following the Effective
DaCe of this Contract, to be
held in escrow by Robert W. Federspiel,
P.A. Trust Account In the amount of
$ !,000.00
(b)
Balance ~o close (U.S. cash, attorney trust
account check, LOCALLY DRAWN cerzified or
cashier's check, or wire transfer) subject to
adjustments or proration
Total $169,000.00
III.
Iv.
TIME FOR ACCEPTANCE; EFFECTIVE DATE; FACSIMILE: If this offer is not
executed by and delivered co all parties OR FACT OF EXECUTION communicated
in writing between the parties prior Zo such offer being withdrawn by the
first party signing, the deposzZ(s) will, a= Buyer's option, be returned
and chis offer withdrawn. The da~e of ConTracT ("Effective Da~e") wlli be
The later of the date when The last one of The Buyer and the Seller has
signed Chis offer or the date the City Commission of the City of De!ray
Beach approves this ConTract. A facszmile copy of Chis Contract and any
signatures thereon shall he considered for all purposes as originals.
TITLE EVIDENCE: AT least 30 days from the effective date, (CHECK ONLY
ONE) : ~Se!ler shall, aT Seller's expense deliver ~o Buver or Buyer's
attorney; OR mBuyer shall at Buyer's expense obtain (CHECK ONLY ONE)
~abstract of title or mtlcle insurance commitment (with legible copies
of instruments listed as exceptions attached thereto) and, afcer closing,
an owner's policy of t~le insurance.
CLOSING DATE: Thzs transaction shall be closed and the warranty Deed and
ocher closing papers delivered on the second Thursday following the
expiration of the feasiblllty study period as provided for in Section
XI(A), unless modified by other provisions of Contract.
VI.
RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to
comprehensive land use plans, zoning, restrictions, prohibitions and other
requirements imposed by governmental authority; restrictions and matters
appearing on the plat or otherwise common to the subdivision; public
utility easements of record (easements are to be located contiguous to
Real ~roper~y lines and not more than 10 feet In width as to ~he rear or
fron~ lanes and 7-1/2 feet t width as to the sade lines, unless otherwise
s~a~ed herein); ~axes for ~r of closing and subsequen~ years; assumed
mortgages and purchase mona: ~ortgages, if any (if additional Items, see
addendum); provided that =here exists at closing no violation of ~he
foregoing.
VII.
OCuuwANCY: Seller warrants there are no parties in occupancy other =hen
Seller. Seller shall deliver occupancy of Property to Buyer au time of
closmng unless otherwise stated herein. If occupancy is to be delivered
before closing, Buyer assumes all risk of loss to Property from date of
occupancy, shall be responsible and liable for maintenance from that daze,
and shall be deemed zo have accepted ~roperty in i~s existing condition as
of ~ime of taking occupancy unless otherwise stated herein.
VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
provisions, riders and addenda shall control all printed provisions of
this Contract in conflic= wi~h them.
IX.
ASSIGNABILITY: (CHECK ONLY ONE): Buyer (1) · may assign and thereby be
released from any further liability under this Contract; ~may assign but
not be released from l!abili~y under this Contract; or ~may not assign
this Contract.
xI.
DISCLOSURES:
(a) Radon
(b)
is a naturally occurring radioactive gas that, when
accumulated in a building in sufficient quantities, may present
health risks to persons who are exposed to it over time. Levels of
radon ~hat exceed federal and state guidelines have been found In
buildings in Florida. Additional information regarding Radon or
Radon testing may be obtained from your County Public Health unit.
Buyer may have determined ~he energy efficiency rating of the
residential building, if any is located on the Real Property.
SPECIAL CLAUSES; ADDENDA: if addltlomal terms are to be provided,
at~ached addendum and CHECK HERE ·.
CITY OF DELRAY BEACH
Tax ID No. 59-6000308
DaLe
or Tax ID No. i .
Social Security
or Tax ID No.
Dace
Deposit(s) under Paragraph II (a received; ~F OT~ER TS{AN CA$~, TKEN SUBJECT TO
CLEARANCE: ROBERT W. FEDE~ ~IEL, P.A.
By:
ADDENDUM TO CONTRACT FOR SAL~- ~ PURCHASE
SELLER:
KIIRT C GODFREY and DENISE N. GODFREY
BUYER:
PROPERTY ADDRESS:
CITY OF DELRAY BEACH, a Florida municipal corporation
25 NW 23rd Avenue, Delray Beach, FL 33445
SPECIAL CLAUSES; ADDENDA (Continued).
A. The Buyer shall have twelve (12) business days following the approval
of this contract by the City CommIssion as set forth in ~ below wichln
which Co conduct any and all feasibility studies and determinations relative Co
the suitab~llcy for the acquisition of the subject property by the Buyer and the
Buyer reserves the express right to terminate this Contract at any time during
said period for any reason or no reason, ~n Buyer's sole discretion, whereupon
Buyer shall receive a full refund of all deposit monies pa~d hereunder. Buyer
shall be granted reasonable access co the premises to conduct such feasibility
studies and determinations, ~ncludlng environmental assays, core drilling,
surveys, soll sampling and othe~ ~uch testing
B. This Contract is expuessly contingent and conditioned upon the
approval of the same by the City Commission of the City of Delray Beach within
fifteen (15) business days from the dace the Seller signs this Contract, and this
Contract shall expressly not be deemed an "offer" by the Buyer for any purpose
unless and until the said City Commission shall have approved and accepted sald
Contract in open session. If this Contract is hoc approved by the City
Commission of the City of Delray Beach within fifteen (15) business days from the
dace the Seller signs this Contract, ~hen ~hls Contract will be null and void and
of no further force or effecu.
C. This purchase is in lieu of eminent domain. The parties believe thac
this transaction is exempt from documentary stamp tax pursuant to Fla. Admin.
Code Ann. r. 12B-~.013, however in the event the obligation for documentary stamp
tax is determined and assessed, the Seller agrees to be responsible for ~he same
and Co indemnify, save, and hold the Buyer harmless for such taxes.
D. Early Closing: Notwithstanding the provisions sec forth in Section V
of the Contract, Sellers elect to close fifteen (15) business days following the
dace of delivery to the Buyer of the executed Contract and a copy of all mortgage
account information relative to any mortgages Seller may have on the subject
property.
Seller hereby acknowledges that they have delivered the executed Contract for
Sale and Purchase and provlded the mortgage payment information on th!s ~ day
of t~C?,~I , 2002.
E. Purchase Price Adjustment: The Buyer hereby agrees ~hat in the event
it shall have entered into any voluntary contract outside of eminent domain for
the purchase of another property within the Breezy Ridge Estates subdivision
prior to ~he closing of this purchase and sale and such ocher conuracc would
provide a purchase price as defined in Article I~. of the Contract for Sale and
Purchase which is greater than thirty percen~ (30%) above the appraised value of
such ocher property according Co a bonafide appraisal acceptable ~o the Buyer
(the "Other Contract"), the Buyer shall ~ncrease the purchase price for the
property which Ls the sub]ect ~f this Contract to reflect the same percentage
variance above appraised value agreed to be paid in such Other Con,mace
F. Property Excluded: The following appliances, ~mprovements, and
flxtures located in or on the subject property are hereby excluded from The sale
and will be removed when we vacate the premises
G. Post-Closing Occ~Dancy: The undersigned Sellers hereby elect
continue to occupy the property after closing as a Tenant under a lease agreement
wiCh the Buyer ~o be signed at c ~s~ng in form substantially as attached hereto,
which lease will provide for the ght to occupy the premises until November 1,
2002, ac no ren¢. Further, provLce~ ~haC ~n the event the undersigned Seller has
entered in~o a lease wick Che School Board of Palm Beach County on or prior
November 1, 2002, whlch lease is acceptable to the School Board of Palm Beach
County and provides for the Seller's r~ght to continue to occupy the premises
after the conveyance of ~he property by ~he Buyer to the School Board of Palm
Beach County, the Seller shall have ~he right to continue occupancy after
November 1, 2002 under the lease wlth the Buyer un~ll the earlier of: December
2002, or the conveyance of the subject property by ~he Buyer to ~he School Board
of Palm Beach CounCy.
option, please ~ni~ial here:
H. ~eloca=ion Benefi=: The Buyer hereby acknowledges that if the
subject property is occupied as of ~he date of closing, the occupant w~il receive
a relocation benefit in the amount of One Thousand ~ve Hundred Dollars
($1,500.00), uo be paid by ~he Buyer ~o the occupant upon the occupan= vacating
the subject property.
BU'fER'S INITIALS:
SELLERS' INITIALS
STANDARDS FOR REAL ESTATE TR-~/qSACTIONS
spec~2yl~g defect(si :f the defect(s) ~ender CLuke unmarketable. Seller ~:ii ~ave ~0 days from fete:el o2 ~oc~ce to remove
oDi~ga~&on under chis Con~racc
s~co~craccors, su~ILers and ~cerzalme~ and further affirm:mr the: ~Ii cha~es for :m~roveme~s Or re~a~s ~nLch could
~uyer
G. ~S ~ C~S~. ~uyer ~1I fu~sa deed, o~er'~ possession aff~dav~=, correct,ye ~nscmumencs, and :los=mr suauemenu
s~a~i au closing, be c~arged an a~un= e~ai to :~e Last esc.~aue Df assessmen~ for une L~provemenc oy ~e public oody
delivered ou: og escrow If a L~ce~sed real escape ~csKer, ~gea~ w~iL comply ~zch ScovLs:ons of Chapter 4?5, F S , as amended
~e~leads ~e s~]ec~ ~==er of =~e escrow, Age~c 3h~'l ~ecover reasoaa0~e ac~orneys' fees a~d costs ~ncurred ~ ~ese amounts
The ~enC s~il no~ be l~ie :0 any ~ar~y or per,on for ~e!i~e~/ :o Buyer or Seller of ~ems s~]ec: :o :his escrow unless SUCh
~sdel~ve~/ ~s due :o w~ll~ul breaca of Con~rac~ or gross ~egl~gence of Agen~
degosL=(s}). ~e de~os%=(s) gaud by ~uyer and lepos~'~) agreed =o be pa~d, may De recovered and :e~alned by or :or ~he accuu~
Seller as agreed u~on li~daced dodges, consideration for =he execuc~om of ~hi~ Com~rac= and Ln full sec=!ement of any claims,
w~e~eupon, 9uyer a~ Seller ~aL1 be rmlleve~ of ali obi=gar=ohs a~der Connrac=, or Se~le~, a: Seiler'~ a~:=on. ~y p~oceed =n
a~er d~i~gen~ e~or~, Sel~er fa~ls, a~lec~ or refiuse~ ~o ~erfo~ ~s Concracz, ~he Buyer may ;eel specific perfo~ace or
P. CO~: Seller shall convey ~:!e c3 ~eal Proge~y by ~arran~y deed, s~]ec~ o~ly :o ~::ers COn=a~ned ~m ~a~aDh
and :hose oche~se accegced by ~uyer ~ersonal ~roper=y sh~il, a~ =e~esc of ~uyer, oe =~ansferred by an ~soLuce b~il of ;ai~
-arran~y of :i:ie, sub]er: only ~o ~uc~ mac:~r~ a~ may be ocaerwLse 9~3vlded for h~rezn
Q. ~ A~S: ~o gr~or o~ 9~esen~ agre~n~ or fegresen:a=ions s~ll be b~nd~ng ugon ~uyer or Se~ier unless ~nclu~ed
~hls Con=fac= No ~lflca=1o~ o~ c~ge ~n ~h~s Con=~ac~ shall be '/al:d or ~nd:n~ upon ~he par~e~ u~lass =~ wr:==ng ~nd execu=ed
LEASE
THIS LEASE, is made by and between CITY OF DELRAY BEACH, hereinafter
called "Landlord," whose address is 100 N.W. First Avenue, Delray Beach,
Florida 33444, and
, hereinafter called "Tenant."
W I TNES SETH:
In consideration of the faithful perfornmance of all covenants,
agreements and conditions herein contained, on the part of the Tenant to
be,kept, done and performed, the said Landlord does hereby lease to the
Lessee the following described property:
Single family residence _,cared ac
, Delra}' Beach, Florida.
its "as is" condition.
Said property to be in
TO HAVE AND TO HOLD the same until November 1, 2002, at no rent.
Further, provided Chat in the event the Tenant has entered into a lease
with the School Board of Palm Beach County on or prior to November 1,
2002, which lease is acceptable to the School Board of Palm Beach County
and provides for the Tenant's r~ght to continue to occupy the premises
after the conveyance of the property by the Landlord to the School Board
of Palm Beach County, the Tenant shall have the right co continue
occupancy after November 1, 2002, under the Lease with the Landlord until
the earlier of: December 1, 2002, or the conveyance of the subject
property by the Landlord to the School Board of Palm Beach County.
NOTICE TO TENANT (Pursuant to Chapter 83, F.S.)
A. Landlord designates SUSAN RUBY, ESQ., of the City Attorneys'
Office, 200 N.W. First Avenue, Delray Beach, FL 33444, as the person
authorized on its behalf to receive all notices and demands of Tenant.
THE TENANT FURTHER COVENANTS AND AGREES AS FOLLOWS:
1. Not to use or permit to be used the premises for any illegal,
immoral or improper purposes.
2. Not to make or permit any noise, disturbance or annoyance
whatsoever detrimental to the premises or to the comfort and peace of
neighboring residents.
3. The parties agree Chat the premises, including lawn and
plantings, and pool (if applicable), shall be continuously maintained in
good condition by the Tenant, ~ncluding but not limited to air
condltioning and heat, appliances and/or appliance service contract,
interior pest extermination (~f desired), lawn & plantings, lawn pest
control, building exterior, bui!d~ng ~nter~or, pool and equipment/pool
service, and that the obligation and cost of maintenance shall be borne
by the Tenant.
4. Ail charges for utilities services during the term of this
Lease, Including but not limted to electric, telephone, gas/fuel, sewer,
water, and refuse collection, shall be payable by the Tenant.
5. The Tenant assume full and complete risk of loss and injury to
themselves and others which may result from the occupancy of the subject
premises pursuant to this Lease and in consideration of such tenancy, the
.Tenant agrees to indemnify, save, and hold the Landlord harmless from any
and all liability, costs, claims, expenses, or damages of whatsoever
nature including defense costs; attorneys' fees, and administrative
costs.
6. Tenant shall delive3 up possession of the premises at the end
of the term in as good condit~ as they now are, ordinary wear and tear
excepted; Tenant acknowledges prior inspection of the premises and finds
same to be in good condition except as heremnafter noted.
7. Tenant agrees that Landlord shall have the right, upon
reasonable notice, to inspect the premises and to show the premises to
prospective Tenants or Purchasers.
8. Tenant agrees to pay the cost of repairing any and all damage
to the premises occasioned by Tenant or any other party during the term
of this Lease, including the cost of removmng foreign substances from
toilets and sinks.
9. Tenant covenants and agrees that the premises shall not at any
time be occupied by more than one family or persons without
written approval of the Landlord.
10. DEFAULT: Tenant's default in the performance of the covenants
and conditions hereunder shall immediately consTmtute Tenant as a tenant
at sufferance and, an such event, Tenant wamves all right of notice To
vacate said premises, and The Landlord shall be entitled to re-enter and
retake possession of the premises immediately and without liability for
such action.
11. Tenant agrees to pay all court costs and reasonable attorney's
fees which may be paid or incurred by Landlord or Landlord's agent
enforcing the covenants, conditions, agreements and obligatmons of Chis
Lease in the event of Tenant's default hereunder.
12. This Lease contains the entire agreement of the parties and
supersedes any and all prior agreements between them. This Lease shall
be binding upon the benefit of the parties, their Personal
Representatives, successors and assigns.
13. Tenant shall hOC assign The Lease, or sublet the premises or
any part thereof, or permmt the premmses or any part thereof to be used
or occupied by anyone other than Tenant or members of Tenant's immediate
family, without the prior written consent of Landlord.
14. Tenant is hereby prohibited from making any improvements to the
subject real property other than pursuant to its repair and maintenance
and obligations as described herein and in the event a Claim of Lien
shall be recorded against the subject property as a result of any of
Tenant's actions and such Lien shall not be d~scharged of record within
ten (10) days thereafter, the Tenant shall be deemed to be in default
pursuant to the terms of this Lease.
IN WI .T~ESS WHEREOF, the parties hereto have executed this Lease the
day and year first above written.
BY SIGNING THIS RENTAL AGREEr'ENT THE TENANT AGREES THAT UPON SURRENDER
OR ABANDONMENT, AS DEFINED BY U~E FLORIDA STATUTES, THE LANDLORD SHALL
NOT BE LIABLE OR RESPONSIBLE FOR STO~AGE OR DISPOSITION OF THE TENANT'S
PERSONAL PROPERTY.
WITNESSES:
LANDLORD:
As to Landlord (2 required)
CITY OF DELRAY BEACH
By:
Printed Name:
Title:
As to Tenant (2 required) TENANT:
CONTRACT FOR SALE ~ PURCHASE
PARTIES: CHRISTOPHER YATES and KATHLEEN YATES, his wife, ("~eller"), of 2345 NW
2nd Street, Delray Beach, FL 33445, (Phone: 243-1783), and the CITY OF DELRAY
BEACH, a Florida municipal corl~oration, ("B/Ay_~"), of 100 N.W. 1st Avenue, Delray
Beach, FL 33444 (Phone: 561-243-7000), hereby agree that the Seller shall sell
and Buyer shall buy the following described Real Property and Personal Property
(collectively "P-r~") upon the following terms and conditions, which INCLUDE
the Standards for Real Estate Transactions ("~JL~") on the reverse side
hereof or attached hereto and riders and any addenda to this Contract for Sale
and Purchase ("Contract").
DESCRIPTION:
{a) Legal description of the Real Property located in Palm Beach County,
Florida:
Lot 7, Replat of Part of Breezy Ridge Estates, according to the map
or plat thereof as -ecorded in Plat Book 24, Page 116, Public
Records of Palm Beach County, Florida
Property Control No.:12-43-46-18-02-000-0070
(b) Street address, city, zip, of the Property is: 2345 NW 2nd Street,
Delray Beach, Florida
II. PURCF~ASE PRICE: $195.000.00
PAYMENT:
(a)
Deposit(s) paid within three (3)
business days following the Effective
Date of this Contract, to be
held in escrow by Robert W. Federspiel,
P.A. Trust Account in the amount of
$ 1,000.00
(b)
Balance to close (U.S. cash, attorney trust
account check, LOCALLY DRAWN certified or
cashier's check, or wire transfer) subject to
adjustments or proration
~194.000.00
Total $195,000.00
III.
IV.
TIME FOR ACCEPTANCE; EFFECTIVE DATE; FACSIMILE: If this offer is not
executed by and delivered to all parties OR FACT OF EXECUTIO~ communicated
in writing between the parties prior to such offer being withdrawn by the
first party signing, the deposit(s) will, at Buyer's option, be returned
and this offer withdrawn. The date of Contract ("Effective Date") will be
the later of the date when the last one of the Buyer and the Seller has
signed this offer or the date the City Commission of the City of Delray
Beach approves this Contract. A facsimile copy of this Contract and any
signatures thereon shall be considered for all purposes as originals.
TITLE EVIDENCE: At least 30 days from the effective date, (CHECK ONLY
ONE): []Seller shall, at Seller's expense, deliver to Buyer or Buyer's
attorney; OR ·Buyer shall aZ Buyer's expense obtain (CHECK ONLY ONE):
[]abstract of title or ·title Insurance commitment (with legible copies
of instruments listed as exceptions attached thereto) and, after closing,
an owner's policy of title insurance.
Vo
CLOSING DATE: This transaction shall be closed and the Warranty Deed and
other closing papers delivered on the second Tuesday following the
expiration of the feasibility study period as provided for in Section
XI(A), unless modified by other provisions of Contract.
VI.
RESTRICTIONS; EASELS; LIMITATIONS: Buyer shall take title subject to:
comprehensive land use plans, zoning, restrictions, prohibitions and other
requirements imposed by governmental authority; restrictions and matters
appearing on the plat or otherwise common to the subdivision, public
utility easements of record {easements are to be located contiguous to
Real Property lines and not more than 10 feet in width as to the rear or
front lines and 7-1/2 feet n width as to the side lines, unless otherwise
stated herein); taxes for , ~ar of closing and subsequent years; assumed
mortgages and purchase money mortgages, if any (if additional items, see
addendum); provided that there exists at closing no violatlon of the
foregoing.
VII.
OCC~A/~C~: Seller warrants there are no parties in occupancy other than
Seller. Seller shall deliver occupancy of Property to Buyer at time of
closing unless otherwise stated herein. If occupancy is to be delivered
before closing, Buyer assumes all risk of loss to Property from date of
occupancy, shall be responsible and liable for maintenance from that date,
and shall be deemed to have accepted Property in its existing condition as
of time of taking occupancy unless otherwise stated herein.
VIII. TYPEWRITTEN OR F~WRITTEN PROVISIONS: Typewritten or handwritten
provisions, riders and addenda shall control all printed provisions of
this Contract in conflict with them.
IX.
ASSIGN~tBILIT"f: (CHECK ONLY ONE): Buyer (1) · may assign and thereby be
released from any further liability under this Contract; Dmay assign but
not be released from liability under this Contract; or Dmay not assign
this Contract.
XI.
DISCLOSES:
(a) Radon
(b)
is a naturally occurring radioactive gas that, when
accumulated in a building in sufficient quantities, may present
health risks to persons who are exposed to it over time. Levels of
radon that exceed federal and state guidelines have been found in
buildings in Florida. Additional information regarding Radon or
Radon testing may be obtained from your County Public Health unit.
Buyer may have determined the energy efficiency ratlng of the
residential building, if any is located on the Real Property.
SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided,
attached addendum and CHECK HERE ·.
CITY OF DELRAY BEACH
By:
Tax ID No. 59-6000308
Date
Chris toph~r Yates
Date
Social Security
or Tax ID No.
~a6hleen Ya~es
Social Security,~)/
or Tax ID No. ~.~
Date
Deposit(s) under Paragraph II (a1 received; IF OTHER THAN CASH, THEN SUBJECT TO
CLEA/~ANCE: ROBERT W. FEDEAJPIEL, P.A.
By:
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
SELLER:
CHRISTOPHER YATES and KATHLEEN YATES, his wife
BUYER:
CITY OF DELRAY BEACH, a Florida municipal corporation
PROPERTY ADDRESS:
2345 NW 2nd Street, Delray Beach, FL 33445
X%. SPECIAL CLAUSES; ADDENDA (Continued) :
A. The Buyer shall have twelve (12) business days following the approval
of this contract by the City Commission as set forth in ~ below within
which to conduct any and all feasibility studies and determinations relative to
the suitability for the acquisition of the subject property by the Buyer and the
Buyer reserves the express right to terminate this Contract at any time during
said period for any reason or no reason, in Buyer's sole discretion, whereupon
Buyer shall receive a full refund of all deposit monies paid hereunder. Buyer
shall be granted reasonable access to the premises to conduct such feasibility
studies and determinations, including environmental assays, core drilling,
surveys, soil sampling and other ~uch testing.
B. This Contract is expressly contingent and conditioned upon the
approval of the same by the City Commission of the City of Delray Beach within
fifteen (15) business days from the date the Seller signs this Contract, and this
Contract shall expressly not be deemed an "offer" by the Buyer for any purpose
unless and until the said City Commission shall have approved and accepted said
Contract in open session. If this Contract is not approved by the City
Commission of the City of Delray Beach within fifteen (15) business days from the
date the Seller signs this Contract, then this Contract will be null and void and
of no further force or effect.
C. This purchase is in lieu of eminent domain. The parties believe that
this transaction is exempt from documentary stamp tax pursuant to Fla. Admin.
Code Ar ha. r. 12B-4.013, however in the event the obligation for documentary stamp
tax is determined and assessed, the Seller agrees to be responsible for the same
and to indemnify, save, and hold the Buyer harmless for such taxes.
D. Early Closing: Notwithstanding the provisions set forth in Section V
of the Contract, Sellers elect to close fifteen (15) business days following the
date of delivery to the Buyer of the executed Contract and a copy of all mortgage
account information relative to any mortgages Seller may have on the subject
property.
Seller hereby acknowledges that they have delivered the executed Contract for
Sale ~nd Purghase and provided the mortgage payment information on this .~Lday
of t , 2oo .
I If yOU wish t° elect ~is early c .~OptiOn'initial here= /~/~/ please
E. Purchase Price Adjustment: The Buyer hereby agrees that in the event
it shall have entered into any voluntary contract outside of eminent domain for
the purchase of another property within the Breezy Ridge Estates subdivision
prior to the closing of this purchase and sale and such other contract would
provide a purchase price as defined in Article II. of the Contract for Sale and
Purchase which is greater than thirty percent (30%) above the appraised value of
such other property accordlng to a bonafide appraisal acceptable to the Buyer
(the "Other Contract"), the Buyer shall increase the purchase price for the
property which zs the subject of this Contract to reflect the same percentage
variance above appraised value agreed to be paid in such Other Contract.
F. Property Excluded: The following appliances, improvements, and
fixtures located in or on the subject property are hereby excluded from the sale
and will be removed when we vacate the premises.
G. Post-Closing Occupancy: The undersigned Sellers hereby elect to
continue to occupy the property after closing as a Tenant under a lease agreement
with the Buyer to be signed at c'~sing in form substantially as attached hereto,
which lease will provide for the ,ght to occupy the premises untl! November !,
2002, at no rent. Further, provldec that in the event the undersigned Seller has
entered into a lease with the School Board of Palm Beach County on or prior to
November 1, 2002, which lease is acceptable to the School Board of Palm Beach
County and provides for the Seller's right to continue to occupy the premises
after the conveyance of the property by the Buyer to the School Board of Palm
Beach County, the Seller shall have the right to continue occupancy after
November 1, 2002 under the lease with the Buyer until the earlier of: December 1,
2002, or the conveyance of the subject property by the Buyer to the School Board
of Palm Beach County.
option, please initial here:
H. Relocation Benefit: The Buyer hereby acknowledges that if the
subject property is occupied as of the date of closing, the occupant will receive
a relocation benefit in the amount of One Thousand Five Hundred Dollars
($1,500.00), to be paid by the Buyer to the occupant upon the occupant vacating
the subject property.
BUYER'S INITIALS:
SELLERS' INITIALS:
STANDARDS FOR REAL ESTATE TRANSACTIONS
A EVIDENCE OF TITLE: (i)An abmmr~c~ of t~]~ prepared or brought current by a reputable and e×ls~.ng 1DSZUaCt tlr-- if not
exLstLug then certifLed as correct by an existing firm) purporting to be an accurate synopsis of the instruments affecc.ng title
to Real Property recorded in the public records of the county wherein Real Propertf is located. ~hrouqh Effective Gate Zt shall
co~r~ence wlth the earliest public records, or such later dace as may be customary ~ the county Upon closing of this Contract, the
abstract shall become the property of Buyer, subject to the right of retentLon thereof by first mortgagee unt=l fully pald (2}
A tl~I~ ~n~an~- o~mm~tmmn~ issued by a Florida licensed tlcle ~nsurer agreeing ~o issue to Buyer, upon recording of t~e deed
Buyer, an owner's policy Of title ~nsurance in the amount of the purchase price, ,nsurlng Buyer's title to Real Property, subject
only to liens, encumbrances, exceptions or qual~flcatlon provided ~n this Contrac~ and those which shall be dlscharged sy Seller
at or before clos~ng Seller shall convey a marketable ~ltle subject only to liens, encumbrances, exceptions or quallflcatlons set
~orth in Con~ract Marketable title shall be determlned according to applicable Title Standards adopted by au=horl~y of The Flor~da
Bar and %n accordance with law Buyer shall have 30 days, if abstract, or 5 days, if title commitment, from date of recelvlng
evidence of t~le to examine it ff t~tle is found defective, Buyer shall, w~thin 3 days thereafter, notify Seller in writing
specify%rig defect(s} If the defect(si render t~tle unmarketable, Seller will have 50 days from receipt of ~ot~ce to re~ove the
defect(s), fa~llng whlch Buyer shall, within f~ve (5) days after explratlon of the thlr=y (30) day period, deliver written notice
to Seller elther (1) extendlng the time for a reasonable period not co exceed 120 days w~=hln which Seller shall use dlllgenu effort
to remove the defects, or (2)requesting a refund of deposit(s) pa~d which shall immediately be returned to Buyer If Buye~ fa~ls
~o so notlfy Seller, Buyer shall be deemed to have accepted the title as ~t then ~s Seller shall, if title is found unmarketable,
use d~l%gen~ effort to correct defect(st in t~le w~% , the t~me provided therefor ~f Seller ~s unable to timely correc~ the
defects, Buyer shall e~ther walve the defects, or receive refund of deposit(s), t~ereby releasing Buyer and Seller from all further
obligation under this Con=tact
B. ~URVEY: Buyer, at Buyer's expense, w~t~zn t~me allowed to deliver evidence of title, may have Real Property su.~veyed and
certmf~ed ~y a registered Florzda surveyor If the survey d~sctoses encroachments on the Real Property or tha~ improvements located
thereo~ e~croach on setback llnes, easements, lands of ot~ers, o~ violate any restrictions, Con~rac~ covenants or applicable
governmental regulatlon, the same shall constitute a t~tle defect
C. INGRESS AND EGRESS: Seller warrants and represents that there ls ingress and egress to the Real Property sufflclen~ for the
lntended use as described zn 9a~aq~a~h VT_ hereof, title to which is in accordance wlth Standard A.
D. ~IENS: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless o~herwlse provided for
herein, o~ any flnanclng statements, claims Of lien Or potential l~enors known to Seller and ~urther attesting that there have been
no mmDrovements or repalrs to Property for 90 days mmmedlately preceding date of closing If Property has been mmproved, or repaired
wl~hl~ that =lme, Seller shall dellver releases or waivers of mechanics' liens executed by all general contractors, subcontractors,
supplmers, and matermalmen 1n addltmon to Seller's l~en aff~davxz sett=ng forth the names of all such general contractors,
subcontractors, suppliers and materlalmen and further afflrm~ng that all charges for improvements or repairs whlch could serve as
a basls ~or a mechanic's lien or a claim for damages ~ave been paid Or wlll be pald at clos~ng of thls Contract
E. P~ACE OF C~OSING: Closing shall be held in the county where Real Property is located, a= the offlce of the attorney Of the
Buyer
F. TIME: in computmng t~me permods of less than six (6) days, Saturdays, Sundays and state or national legal holidays s~all be
excluded Any tlme ~erlods provmded for here~n whlcn shall end on Sauurday, Sunday or legal hqlid~ shall extend to 5 00 ~ m of
the next business day Time is of the essence ~n thxs Contract.
G. DOCUM]~¢TS FOR CLOSING: Buyer shall furnmsh deed, owner's possession affldavx=, corrective instruments, and closing s~a~ement
H. EXPENSES: Recording of correct,ye ~nstruments shall be paid by Seller, recording of deed shall be pa~d by Buyer Unless
otherwise ~rovlded by law or rider to chls Con=ract, charges for the followlng related tltle servlces, namely t~tle or a~$tract
charge, title examlnac~on, and settlement and c!oszng fee, shall be pa~d by the party responslble for furnishing the =lt!e evLdence
in accordance wz=h ~a~a~m~h
I. SPECIA~ ASSESSM~iT LZ~S: Certlf~ed, conflrmed and raclf~ed speclal assessment liens as of date of closlng (no~ as of Effective
Date} are ~o be 9aLd by Seller Pendlng liens as of date of closing shall be assumed by Buyer If the ~mprovement nas been
substantially completed as of Effectlve Date, any pending !~en shall be considered as certlf~ed, conf~ed or ratlf~ed and Seller
shall, at closing0 be charged an amounC equal to the last estimate of assessment for ~ne L~Drovement by Che public body
J. RISK OF LOSS= If the Property ~s damaged by fire or other casualty uefore closing and cost of restoration does not exceed 3%
Of the assessed valuatlon of the Property so damaged, cos~ of restoration ~hall be an obllgatlon of the Seller and closing shall
proceed pursuant to the ~erms of Contract wlth restoratlon costs escrowed at closing If the cost of restoration exceeds 3% of the
assessed valuatlon of the improvements so damaged, Buyer shall have the opclon of e~tner taking Property as ~s, together w~tn either
the 3% or any insurance proceeds payable by virtue of such loss or damage, or of canceling Contract and receiving return of
K. ~ROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds If an abstract of t~tle has been
furnished, evidence of title shall be continued aC Buyer's expense to snow title in Buyer, w~thout any encumbrances or change which
would render Seller's title unmarketable from the ~a~e of the last evidence all closing proceeds shall be held in escrow by Seller's
attorney or other mutually acceptable escrow agen~ fDr a per~od of not ~ore than ~ days after closing dace if Seller's ~Itle is
rendered unmarketable, through no fault o~ Buyer, Bu/er shal~, wl~hln =he 5 day perlod, noilly Seller in wr~Ing Of the defect and
Seller sPall ~ave 30 days ~rcm date of recelp~ ~f s,~c~ no~~f_~l~-c~ ~c z~re cne !e~ecc if Sel~er falls cD ~~me!£ cure ~ne le~ec~,
r~paymenc, Buyer shall return Personaity and vacate Real Propert[ and reconvey the Property ~o Se[ler oy special wauuln~/ deed {nd
b~[l of sale [f Buyer fa~is to ~ake timely demand for refund. Buyer s~aii ~ake title as ~s, wazv~ng all r~ghts against Seller as
to any ~terven~ng defect except as may be available to Buyer by virtue of warrant~es contained ~ ~he deed or b~ft ot sale [fa
portion of ~he pu£chase price ~s to be derived from ~nst~tutlonal financing or refinancing, requirements of the Lending =nstlzutlon
as to ~lace, t~me of day and procedures for closlng, and for dlsbursement of mortgage proceeds shall control over contrary provision
Ln ~his Contract Seller shall have the r~ght to require from the lending ~nstltutlon a written comml~ment that [~ ~l[ not w~thhold
disbursement of mortgage proceeds as a result o~ any tltle defect attrlbutable to Buyer-~ortgagor The escrow and closing procedure
requlred by th~s Standard may be waived ~f t~le agent ~nsures adverse ma~ters pursuant ~0 Sectlon &2V 784~, F S , as amended.
L. ESCROW: A~y escrow agent ("Ao~nr") recelv~ng ~unds or equivalent Ls authorized and agrees by acceptance of them to de~os~=
them pro~tly, bold same %n escrow and, subject to clearance, dlsburse them ~ accordance w~th reruns and conditions of Contract
Failure of clearance of funds shall not excuse Buyer's performance If ~n doubt as ~0 Agent's duties or l~ab~!lt~es under t~e
provlslons of Contract, Agent may, at Agent's option, Cont/~ue to hold the subject matter of the escrow until the parties hereto
agree to ~ts d~sbursement, or until a ]udgment of a court of competent jurisdiction shall determzne the r~ghts of the part~es or
Agent may deposit wlth the clerk of the c~rcu~t court hav~ng jurisdiction of the dispute. Upon not~fy~ng all part~es concerned of
such action, all l~ab~l~ty on the part of Agent shall fully terminate, except to the extent of actountlng for any ~tems previously
delivered out of escrow If a llcensed real estate broker, Agent w~ll comply w~Ch provisions of Chapter 475, F S , as amended Any
sult between Buyer and Seller where Agent ~s made a party because of actlng as Agent hereunder, or in any su~t whereln Agent
~nter~leads the subject matter of ~he escrow, Agent s~alt recover reasonable attorneys' fees and costs ~ncurred w~th these amounts
to be pa~d from and out of the escrowed funds or eq~va. ~ and charged and awarded as court costs ~n favor of the prevalllng party
The Agent shall not be l~able to any party or person fo: ,delivery uo Buyer or Seller of ~tems subject to ~h~s escrow, unless such
mlsdel[very ~s due to wLllful breach of Contrac~ or gross negligence of Agent
M. ATTOP/~Y FEES; COSTS: In any l~t%gat~on, &nclud~ng breach, enforcement or ~nterpretat~on, arLs~ng ouc of thls Contract, the
preva&l~ng party ~n such l~tlgatlon which, for the purposes Of thls Standard, shall ~nclude Seller, Buyer, and any brokers acting
in agency Or nonagency relationships authorlzed by Chapter 475, F S , as amended, shall be ent~led Zo recover from the non-
prevailing party reasonable attorney's fees, costs, and expenses
N. FAILUI~E OF ~ERPOP~4ANCE: If Buyer fa&ls to perform thls Contract wlthzn ~he time specified (lnclud~ng payment of all
deposlt(s)), the deposxt(s) pald by Buyer and deposit(s) agreed to be pald, may be recovered and retalned by or for the account of
Seller as agreed upon l~quldated damages, consLderat~on for ~he execution of this Contract and ~n full settlement of any c!alms,
whereupon, Buyer and Seller shall be relieved of all obligations under Contract, or Seller, at Seller's option, may proceed ~n equity
to enforce Seller's rlghts under thls Contract fl, for any reason other than failure of Seller to make Seller's t~tle marketable
after d~lzgent effort, Seller falls, neglects or refuses ~0 perform th~s Contract, the Buyer may seek specific performance or elect
to receive the return Of Buyer's deposzt(s) wzthout thereby waiving any action for damages resulting from Seller's breach
O. CONTRACT NOT RECORD/CBOE; PERSONS BOUND; NOTICE: Neither th~s Contract nor any notzce of ~t shall be recorded ~n any publlc
records Thls Contract shall b~nd and ~nure to the benefit of the part~es and their successors ~n ~nterest Whenever the context
permlts, singular shall ~nclude plural and one gender shall lnclude all Not~ce glven by or to the attorney for any party shall be
as effective as ~f g~ven by or to that party
P. CONVEYANCE: Seller shall convey t~le to Rea! Property by warranty deed, subject only ~0 mat~ers contained ~n ~a~a~h VT.
and those otherwzse accepted by Buyer Personal Property shall, at request of Buyer, be transferred by an absolute b~ii of sale w~=h
warranty of t~tle, subject only to such matters as may be otherwise provided for here~n
Q. OTHER AGI~EEMENTS: No przor or present agreements or representatlons shall be b~ndlng upon Buyer or Seller unless ~ncfLded ~n
th~s Contract. NO mod&flca=~on or change =n tb&s Contract s~all be valid or b~nd~ng upon the para,es unless ~n writing and executed
by the party or partles =ntended to be bound by It
R. WAR~3%NTIRS: Seller warrants that ~here are no fac~s known to Seller materlally affecting the value of ~he ~roper~y wnlch are
hoc readlly observable by Buyer or whlch have not been disclosed to Buyer
LEASE
THIS LEASE, is made by and between CITY OF DELRAY BEACh, hereinafter
called "Landlord," whose address is 100 N.W. First Avenue, Delray Beach,
Florida 33444, and
, hereinafter called "Tenant."
W I TNE S SETH:
In consideration of the faithful performance of all covenants,
agreements and conditions herein contained, on the part of the Tenant to
be kept, done and performed, the said Landlord does hereby lease to the
Lessee the following described property:
Single family residence _ocated at
· Delray Beach, Florida.
its "as is" condition.
Said property to be in
TO HAVE AND TO HOLD the same until November 1, 2002, at no rent.
Further, provided that in the event the Tenant has entered into a lease
with the School Board of Palm Beach County on or prior to November 1,
2002· which lease is acceptable to the School Board of Palm Beach County
and provides for the Tenant's right to continue to occupy the premises
after the conveyance of the property by the Landlord to the School Board
of Palm Beach County, the Tenant shall have the right to continue
occupancy after November 1, 2002, under the Lease with the Landlord until
the earlier of: December 1, 2002, or the conveyance of the subject
property by the Landlord to the School Board of Palm Beach County.
NOTICE TO TENANT (Pursuant to Chapter 83, F.S.)
A. Landlord designates SUSAN RUBY, ESQ., of the City Attorneys'
Office, 200 N.W. First Avenue, Delray Beach, FL 33444, as the person
authorized on its behalf to receive all notices and demands of Tenant.
THE TENANT FURTHER COVENANTS AND AGREES AS FOLLOWS:
1. Not to use or permit to be used the premises for any illegal,
immoral or improper pUrl0OSeS.
2. Not to make or permit any noise, disturbance or annoyance
whatsoever detrimental to the premises or to the comfort and peace of
neighboring residents.
3. The parties agree that the premises, including lawn and
plantings, and pool (if applicable), shall be continuously maintained in
good condition by the Tenant, including but not limited to air
conditioning and heat, appliances and/or appliance service contract,
interior pest extermination (if desired), lawn & plantings, lawn pest
control, building exterior, building interior, pool and equipment/pool
service, and that the obligation and cost of maintenance shall be borne
by the Tenant.
4. Ail charges for utilities services during the term of this
Lease, including but not limted to electric, telephone, gas/fuel, sewer,
water, and refuse collection, shall be payable by the Tenant.
5. The Tenant assume full and complete risk of loss and injury to
themselves and others which may result from the occupancy of the subject
premises pursuant to this Lease and in consideration of such tenancy, the
Tenant agrees to indemnify, save, and hold the Landlord harmless from any
and all liability, costs, claims, expenses, or damages of whatsoever
nature including defense costs, attorneys' fees, and administrative
costs.
6. Tenant shall deliver up possession of the premises at the end
of the term in as good conditlc_~ as they now are, ordinary wear and tear
excepted; Tenant acknowledges prior inspection of the premises and finds
same to be in good condition except as hereinafter noted.
7. Tenant agrees that Landlord shall have the right, upon
reasonable notice, to inspect the premises and to show the premises to
prospective Tenants or Purchasers.
8. Tenant agrees to pay the cost of repairing any and all damage
to the premises occasioned by Tenant or any other party during the term
of this Lease, including the cost of removing foreign substances from
toilets and sinks.
9. Tenant covenants and agrees that the premises shall not at any
time be occupied by more than one family or persons without
written approval of the Landlord.
10. DEFAULT: Tenant's default in the performance of the covenants
and conditions hereunder shall immediately constitute Tenant as a tenant
at sufferance and, in such event, Tenant waives all right of notice to
vacate said premises, and the Landlord shall be entitled to re-enter and
retake possession of the premises immediately and without liability for
such action.
11. Tenant agrees to pay all court costs and reasonable attorney's
fees which may be paid or incurred by Landlord or Landlord's agent
enforcing the covenants, conditions, agreements and obligations of this
Lease in the event of Tenant's default hereunder.
12. This Lease contains the entire agreement of the parties and
supersedes any and all prior agreements between them. This Lease shall
be binding upon the benefit of the parties, their Personal
Representatives, successors and assigns.
13. Tenant shall not assign the Lease, or sublet the premises or
any part thereof, or permit the premises or any part thereof to be used
or occupied by anyone other than Tenant or members of Tenant's immediate
family, without the prior written consent of Landlord.
14. Tenant is hereby prohibited from making any improvements to the
subject real property other than pursuant to its repair and maintenance
and obligations as described herein and in the event a Claim of Lien
shall be recorded against the subject property as a result of any of
Tenant's actions and such Lien shall not be discharged of record within
ten (10) days thereafter, the Tenant shall be deemed to be in default
pursuant to the terms of this Lease.
IN WITNESS W~EREOF, the parties hereto have executed this Lease the
day and year first above written.
BY SIGNING THIS RENTAL AGREE~'ENT THE TENANT AGREES THAT UPON SURRENDER
OR ABANDONMENT, AS DEFINED BY ?HE FLORIDA STATUTES, THE LANDLORD SHALL
NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S
PERSONAL PROPERTY.
WITNESSES:
LANDLORD:
As to Landlord (2 required)
CITY OF DELRAY BEACH
By:
Printed Name:
Title:
As to Tenant (2 required) TENANT:
conrac? FOR SX~E x~ ~cm~sE
~-~ D-~r~ C ]-~,/~-.~_.
P/%RTIES: D~A/~ C. ~A/~i~ ~ JEA/~ FA~BIEN, \his wife, ("Se~ler") , of 3 NW 24th
Street, Delray Beach, FL 33445, (Phone. 279-4414), and the CIT~ OF DEL~A¥ BEACH,
a Florida municipal corporation, ("B~"~, of !00 N.W. 1st Avenue, De!ray Beach,
FL 33444 (Phone: 561-243-?000), hereby agree that the Seller shall sell and Buyer
shall buy the following descrIbed Real Property and Personal Property
(collectively "kr.o/l~r_r~") upon the following terms and conditions, which INCLUDE
the Standards for Real Estate Transactions ("~") on the reverse side
hereof or attached hereto and r~ders and any addenda to this Contract for Sale
and Purchase ("Contract").
DESC~RIPTION:
(a) Legal description of ~he Real Property located in Palm Beach County,
Florida:
Lot 21, Replat of Part of Breezy Ridge Estates, according to ~he map
or plat thereof as recorded in Pia~ Book 24, Page 116, Public
Records of Palm Beach County, Florida
Property Control No.:12-43-46-18-02-000-0210
(b) Street address, city, zip, of the Property is: 3 NW 24th Street,
De!ray Beach, Florida
II. PURCHASE PRICE: $353.400.00
PAYI~E1TT:
(a)
Deposit(s) paid within three (3)
business days following the Effective
Date of this Contract, to be
held in escrow by Robert W. Federspie!,
P.A. Trust Account in the amount of
$ 1,000.00
(b)
Balance to close (U.S. cash, attorney ~rust
account check, LOCALLY DRAWN certified or
cashier's check, or wire transferJ subject to
adjustments or proration
Total
$153,400.00
III.
IV.
TII~ FOR ACCEPT~/~CE; EFFECTI%FE DATE; FACSIMILE: If this offer is not
executed by and delivered to all parties OR FACT OF EXECITTION communicated
in writing between the parties prior to such offer being withdrawn by the
first party signing, %he deposit(s) will, at Buyer's option, be returned
and this offer w~thdrawn. The date of Contract ("Effective Date") will be
~he later of the da~e when the last one of the Buyer and the Seller has
slgned this offer or the date the City Commission of the City of Delray
Beach approves this Con~ract. A facsImile copy of this Contract and any
s~gnatures thereon shall be considered for all purposes as originals.
TITLE EVIDENCE: At least 30 days from 5he effective date, (CHECK ONLY
ONE) : ~Seller shall, a~ Seller's expense, deliver to Buyer or Buyer's
attorney, OR ·Buyer shall at Buyer's expense obtain (CHECK ONLY ONE):
~abstract of title or ·tltle insurance commlTmen~ (with legible copies
of instruments listed as exceptions attached thereto} and, after closing,
an owner's policy of title ~nsurance
CLOSING DATE: This transaction shall be closed and the warranty Deed and
other closing papers delivered on the third Wednesday following the
expiration of the feaslbil~ty study period as provided for in Section
XI(A), unless modified by other provisions of Contract.
VI.
RESTRICTIONS; EASEMENTS; LIF~ITATIONS: Buyer shall take title subject to:
comprehensive land use plans, zoning, restrictions, prohibitions and other
requirements imposed by governmental authority, restrictions and matters
appearing on the plat cr otherwise common to the subdivision; public
uti!lty easements of record (easements are to be located contiguous ~o
Real Property lines and not more than 10 feet in width as to the rear or
front lines and 7-1/2 fee% In wldth as to the side lines, unless otherwise
stated herein); taxes for year of closing and subsequent years; assumed
mortgages and purchase money mortgages, if any (if additional items, see
addendum); provided that there exists a~ closing no violation of the
foregoing.
VII.
OCCUPANCY: Seller warrants there are no parties in occupancy other than
Seller. Seller shall deliver occupancy of Property to Buyer at time of
closing unless otherwise stated herein. If occupancy is to be de!lvered
before closing, Buyer assumes all risk of loss to Property from date of
occupancy, shall be responsible and liable for maintenance from that date,
and shall be deemed to have accepted Property in its existing condition as
of time of taking occupancy unless otherwise stated herein.
viii. TYPE$~RITTEN OR HANDW~ITTEN PROVISIONS: Typewritten or handwritten
provisions, riders and addenda shall control all printed provisions of
this Contract in conflict with them.
IX.
ASSIGNABILITY: (CHECK ONLY ONE)- Buyer (1) · may assign and thereby be
released from any further liability under this Contract; ~may assign but
not be released from liability under this Contract; or ~may not assign
this Contract.
Xo
XI.
DISCLOSURES:
(a) Radon
(b)
is a naturally occurrin= radioactive 9as that, when
accumulated in a building in sufficient quantities, may present
health risks to persons who are exposed to it over time. Levels of
radon that exceed federal and state guidelines have been found in
buildings in Florida. Additional information regarding Radon or
Radon testing may be obtained from your County Public Health unit.
Buyer may have determined the energy efficiency rating of the
residential building, If any is located on the Real Property.
SPECIAL CLAUSES; ADDENDA: If additlona! terms are to be provided,
attached addendum and CHECK HERE '.
CITY OF DELRAY BEACH
Date Dean C. F~len Date
Social Security
Je~ien
Social Security
or Tax ID No. ~/ -~.~O ~
Tax ID No. 59-6000308
bate
Deposit(s) under Paragraph II (a) received; IF OTHER TF~ CASH, T~IEN SUBJECT TO
CLEARJ%NCE: ROBERT W. FEDERSPIEL, P.A.
By:
ADDENDUm4 TO CONTRACT FOR S;LLE A,ND PURCHASE
SELLER-
DEAN C FkBIEN and JEAN FA~IEN, h~s wife
BUYER:
CITY OF DELP~AY BEACH, a Florida municipal corporation
PROPERTY ADDRESS:
3 NW 24th Street, Delray Beach, FL 33445
XI. SPECIAL CLAUSES; ADDENDA (Continued)
A. The Buyer shall have twelve (12) business days following the approval
of this contract by the City Commission as set forth in ~ be!ow within
which to conduct any and all feasibility studies and determinations relative to
the suitability for the acquisition of the subject property by the Buyer and the
Buyer reserves the express right to terminate this Contract at any time during
said period for any reason or no reason, in Buyer's sole discretion, whereupon
Buyer shall recelve a full refund of all depos!t monies paid hereunder. Buyer
shall be granted reasonable access to the premises ~o conduct such feasibility
studies and determinations, !ncluding environmental assays, core drilling,
surveys, soil sampling and other such testing.
B. This Contract is expressly contingent and conditioned upon the
approval of the same by the City Commission of the City of Delray Beach within
fifteen (15) business days from the date the Seller signs this Contract, and this
Contract shall expressly not be deemed an "offer" by the Buyer for any purpose
unless and until the said City Commission shall have approved and accepted said
Contract in open session. If this Contract is not approved by the City
CommissIon of the CiTy of Delray Beach within fifteen (15) business days from the
date the Seller signs This Contract, then this Contract will be null and void and
of no further force or effect.
C. This purchase is in lieu of eminent domain. The parties believe that
this transaction is exempt from documentary stamp tax pursuant to Fla. Admin.
Code Ann. r. 12B-4.013, however in the event the obligation for documentary stamp
tax is determined and assessed, the Seller agrees to be responsible for the same
and to indemnify, save, and hold The Buyer harmless for such taxes.
D. Early Closing: Notwithstanding the provisions set forth in Section V
of the Contract, Sellers elect to close fifteen (15) bus~ness days following the
date of delivery to the Buyer of the executed Contract and a copy of all mortgage
account information relative to any mortgages Seller may have on the subject
property.
Seller hereby acknowledges that they have dei_;ered the executed Contract for
Sale a~pd Purqhase and pro~y~ed the mortgage payment information on thls ~__~ day
of ,
1
/
IIf you wish to e!ec~ this early :s ' option, please
initial here:
E. Purchase Price Adjustment: The Buyer hereby agrees that in the event
it shall have entered into any voluntary contract outside of eminent domain for
the purchase of another property w~thln the Breezy Ridge Estates subdivision
prior to the closing of this purchase and sale and such other contract would
provide a purchase price as defined ~n Article II. of the Contract for Sale and
Purchase which ~s greater than thirty percent (30%) above the appraised value of
such other property according to a bonaflde appraisal acceptable to the Buyer
(the "Other Contract"), the Buyer shall Increase the purchase price for the
proper~y which ~s the sub3ec% of this Con~rac~ to reflect The same percentage
variance above appralsed value agreed ~o be paid in such Other Contract.
F. Property Excluded: The followln9 appliances, improvements, and
fixtures located in or on the subject property are hereby excluded from the sale
and will be removed when we vacate ~he premises:
/
G. Post-Closing Occupancy: The underslgned Sellers hereby elect to
continue to occupy the property after closing as a Tenant under a lease agreement
with the Buyer to be signed at closing in form substantially as attached hereto,
which lease will provide for the right to occupy the premises until November 1,
2002, at no rent. Further, provided that in the event the undersigned Seller has
entered into a lease with the School Board of Palm Beach County on or prior to
November 1, 2002, which lease is acceptable to the School Board of Palm Beach
County and provides for the Seller's right to continue to occupy the premises
after the conveyance of the property by the Buyer to the School Board of Palm
Beach County, the Seller shall have the right to continue occupancy after
November 1, 2002 under the lease with the Buyer until the earlier of: December 1,
2002, or the conveyance of the subject property by the Buyer to the School Board
of Palm Beach County.
H. Relocation Benefit: The Buyer hereby acknowledges that if the
subject property is occupied as of the date of closing, the occupant will receive
a relocation benefit in the amount of One Thousand F~ve Hundred Dollars
($1,500.00), to be paid by the Buyer to the occupant upon the occupant vacating
the subject property.
BUYER'S INITIALS:
SELLERS' INITIALS:
STANDARDS FOR REAL ESTATE TRANSACTIONS
A EVIDENCE OF TITLE '. A~ ~b~,racr cf -~?]~ prepareC cr Drought current r ~ repLt~ie amo exlst~m~ a~s%rac~ f~r- '.f
e>.~s%lng then certified as correct Dy an e..~stln~ flrm) purp~rtln? tc De an accurate ~i'nc~s~s of t~ .nstrumen~s ~fec~.n~
~o ~eal Property recoroeo c~ the public reccrGs of %ne cou~t} wnerel~ Real Propert~ ~s loca%e~ through E~ec%~ve Date I%
COmmence ~th the earlles~ ~u~llc recoras, or such la,er ~a~e as may be customar~ .r %ne count;, Upon cioslnq cf %h:~ Co~[ract
a~stract shall become the proper~y o~ Buyer. sarCect tc ~e r&g~t of retentlo~ therec£ by flrs~ mortgagee un~-i full,' paic
fort~ ~n Contract Marketa:ie t~tle shall be oeterm~nec accoro~n? ~o appl~canie Title Standards adopted by author:fy of The Fiorloa
spec~fylng defect(s) !f the defect(s) render t~tle unmarKeua~le. Seller ~l~l nave 30 days ~rom rece!pt of not~ce %0 remove %ne
defect{s), failln9 whzc~ Buyer shall, w~thln flve (5, cays afcer exD~ratlon cf the tnlr~y (30) day perlod, oe!iver wr=tten not~ce
to remove the oefects, or (2)requesting a refund of deposit(s) pald wn~cn shall Immed~ate!y be returned to Buyer if Buyer falls
to so not.f)' Seller, Buyer shall be dee~d to have accepted the cltie as ~ then ~s Seller shall, ~f title ~s fo~d
aefec:s, Buyer shall elther waive the defects, sr receive a refund of deposl~(~, ~hereby releasing Buyer and Seller from all ~ur:her
~over~me~al regulation, ~he sa~ shall constitute a ~tle ~efec~
C. ~SS ~ ~SS: Seller warrants and represents tha~ there ~s ~n~ress and egress ~o :he Real Propert} sufficient for
D. LZ~S: Seller s~ll fu~sh ~o Buyer at t~me of ctoslng an affzdav~t at;est~n~ ~o the absence, unless otherwise pro=lded for
hereln, of any flnanc~n9 state.ri=s, claz~ of l~en or poten%~al lzenors P~o~ %o Seller and further attestzn~ %hat =bere have been
ne ~rove~nts or repairs ~o Property for 90 aays ~edla~el} preced~n; Gate of closing If Property has been ~roved, or repaired
w~=h%n %~a; t~me, Seller shall del~ver releases or waivers of mechanics' l~ens executed by all ~eneral contractors, s~con:rac=ors.
sunconzractors, sup9llers and ~ter~al~n and further affirming that all c~arges for l~rovemen=s or repairs which could se~e as
~. P~ OF CLOSING: Closing shall be held ~n ~ne county where Real Property is !oca=ed, at the off~ce of the a=~orney of
F. T~. In co~utlng tlme periods of less t~an szx {6) days, Saturdays, Sunoay; and state or national legal holidays shall be
exciu~ed ~y ~ime periods provided for hereln WhiCh s~all end on Saturday. Sunday or legal holiday shall extend to 5 0O p m of
H. EXPOSES Recording of correct:ye ~ns;rumen=s shall De pa~d Dy S=. -, record~n9 of deed shall be pa~d Dy Buyer Unless
charge, ;l~le examlnat~on, and se;tle~n% and clos~n~ fee, shall be pa~c by ~he par=} responsible for ~urn~sh~ng =he ~%le evidence
i. SPECI~ ~SES~ LI~S. Certl~ed, con~ed and rat~fled special assess~nt liens as of da=e of closing (not as of Effective
Date] are to be Dasd Dy Seller Pending l~ens as of da~e of clos~n~ shall De assu~d by Buyer If the =~rovemen~ has been
s~s~ant~ally co~le=ed as of Effectlve Date. any pending llen shall De consldered as certified, conflr~d or ra=if~ec and Seller
cf %ne assessed valuation of the Property so damaged, cost of restoration shall be an obl~ga~lon of t~e Seller and closing shall
%ne 3% or any insurance proceeos payable by v:rtue of such loss or da~ge, or of canceling Contract and recelvln9 retur~ of
K. PROCEEDS OF SALE, CLOSING PROC~E. The Geed sh~ll De recoroed upon clearance of funOs If an abstract Gl =&[le has peen
repa.vme~t. Buyer shall return Personalty and vacate Real Property and reco~e the Prcoerty %c Seller of special warranty deed and
~:!] cf sale If Buyer falls to make timely demand for refunG, Buyer s~all 5a~e tl%!e as ~s, waiving al! rlghts aga.ns~ Seller as
~0 an~ Intervening defect except as may be avallable to Buyer by vlr~ue cf warran~es con~a~nec in the seed or b~ll of sale If a
port,on Of the purchase price is to be ~er~veo from lnstltutlonal f~nanc~n~ or refinancing, re~Irements of t~e lendlng lnstl~utlo~
as ~c place, t~me of day and procedures for ¢losln~, and ~or disbursement of ~cr%~aqe proceeas shall control over contrary provision
In :h~s Contract Seller shall have the right to re.claire from the lending institution a written commitment ~ha~ ~t wll! not wl~hbold
disbursement of mortgage proceeds as a result of an~' ~le aefect attributable tc Buyer-mortgagor The escrow and closl~ procedure
required by ~hls Standard may be walved if [It!e agent lnsLres adverse ma~ters pursuant ~0 Section 627 7841, F S , as amended
L. ESCROW' A~y escrow agent ("A~r") recelv:n~ funos or equivalent Is authorlze~ and agrees by acceptance of them ~o ~eposl%
them promptly, hold same in escrow and, sub3ec~ ~0 clearance, d~sburse them ~ accordance w~h tel-ms and conditions o~ Contract
Fal!ure of clearance of funds shall not excuse Buyer's perfo.-~nance If ~n ~ou.9~ as to Agent's dutles or llab~llt~es under the
provisions of Co~tract, Agent may, at Agent's option, cont:nae to hold ~he subject ma~ter of ~he escrow until the parties hereto
a~ree :0 its ~lsbursement, or un:Il a Judgment of a court of competent ~urlso~czlon snail oetermlne ~he rights Of the parties Or
Agent may deposit w~th the clerk of ~he olrcu~ court hav~nq 3ur~sdlctlon of the dlspu~e Upon notifying all part~es conce.--ned of
such ac:Ion, all l~ab~l~ty on the part of Agent shall fully %ermlna~e, except tc the extent of accountln~ for any items previously
delivered out of escrow If a llcensed rea! estate broker, A~enz ~il compl} w~tn prsv!sions of Chapter 475, F S , as amended ~ny
suit be:ween Buyer and Seller where Agent is made a party because of actln~ as Agent hereunder, or ~n any suit whereln Agent
Inter~leads the suP]eot matter of the escrow. Agent s~all recover reasonable attorneys' fees and costs lncurred wlth these amounts
~o be paid from and out of the escrowed funds or equlvalen~ and charged and awarded as court costs in favor of the pre~alllng party
The Agent shall no~ be liable to any party or person for m~soel:very to Buyer or Seller of ~tems su~ect ~o thls escrow, unless such
mis~ellvery is due to willful breach of Contract or gross negllgence of Agen=
M. ATTORN~ ~S; COSTS: In any ll=lgatlo~. !nc!udln~ breach, enforcement or lnte.~retat~on, ar=s/rig OUt of this Contract, the
prevalllng party In such l:tlga=lon which, for the purposes Of this Standard, sna!l .nc!ude Seller, Buyer, and any brokers acting
:n agency or nonagency relatlonshlps authorized by Chapter ~75, F S , as amenoec, shall be entitled to recover ~rom the non-
prevalllng party reasonable attorney's fees, cos:s, an~ expenses
N. FAILURB OF PERFOP.MANCE: If Buyer falls to perform this Contract w:thln the tlme speclfled {Including pay~en: of all
deposlt{s)), the deposlt(s) paid by Buyer and depos=t (s) agreed to be paid, may be recovered and retained by or for the account of
Seller as agreed upon !lqu~dated damages, consaderat~on for the execution of =h~s Contract and In full settlement of any claims.
whereupon, Buyer and Seller shall be relieved o~ all obligations under Contract, or Selier, at Seller's option, may proceed ~n equl=y
:o enforce Seller's rights under th~s Contract If, for any reason other =hah failure of Seller to make Seller's tltle marke:able
after d=l~gemt effort, Seller fails, neglects or refuses to perform this Contrac%, the Buyer may seek speC=f~c performance or elec~
:o receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach.
O. CONTRACT NOT RECORDA~L~; PERSONS BOUND. NOTICE. Nel=her this Contrac% nor an} no=ice of it shall be recorded 1~ any public
records This Con=tact shall bxnd and inure =o the beneflt of the parties and =belt successors in l~terest Whenever the context
perm,=s, slngular shall include ptural and one gender shall lnciude all Not~ce glven by or to =he attorney for any party shall be
as effective as ~f glven by or =o that party
P. CONVEYAN~: Seller shall convey t~=le to Real Property by warranty deed, suhDec= only to matters contained ~n ~s~m~&~h VT.
and those otherwise accepted by Buyer Personal Property shall, a= reque$: of Buyer, be transferred by an absolute b~ll of sale with
warranty of tl:le, sub3ect only to such matters as may be otherwlse pro~dec for herein.
O. ~ A(~S: NO prior or present agreements or represen:at~on~ -~a!l be b~nding upon Buyer or Seller unless ~ncluded ~n
this Contract No modlflcatlon Or change in t~ls Contract snal! be valid oz nalng upor the part~es unless In wrlting ano executed
b} the party or parties intended to be bound by ~=
~. W~IES- Seller warrants %nat there are n~ ~acts knowT, tO Seller materlaily affec%~n9 %he value of the Property w~lch are
no= readily observable by Buyer or which have no: been disclosed to Buyer
LEASE
THIS LEASE, is made by and between CITY OF DELRAY BEACh, hereinafter
called "Landlord," whose address zs 100 N.W. First Avenue, Delray Beach,
Florida 33444, and
, hereinafter called "Tenant."
W I T N E S S E T H:
In consideration of the faithful performance of all covenants,
agreements and conditions herein contained, on the part of the Tenant to
be kept, done and performed, the saad Landlord does hereby lease to the
Lessee the followin9 described property:
Single family residence located at
· Delray Beach, Florida.
its "as is" condition.
Said property to be in
TO HA%-E A/gD TO MOLD the same tuutil November 1, 2002, at no rent.
Further, provided that in the event the Tenant has entered into a lease
with the School Board of Palm Beach County on or prior to November 1,
2002, which lease is acceptable to the School Board of Palm Beach County
and provides for the Tenant's right to continue to occupy the premises
after the conveyance of the property by the Landlord to the School Board
of Palm Beach County, the Tenant shall have the right to continue
occupancy after November 1, 2002, under the Lease with the Landlord until
the earlier of: December 1, 2002, or the conveyance of the subject
property by the Landlord to the School Board of Palm Beach County.
NOTICE TO TENANT (Pursuant to Chapter 83, F.S.)
A. Landlord designates SUSAN RUBY, ESQ., of the City Attorneys'
Office, 200 N.W. First Avenue, Delray Beach, FL 33444, as the person
authorized on its behalf to receive all notices and demands of Tenant.
THE TENA/gT FURTHER COVENANTS ~,? AGREES AS FOLLOWS:
1. Not to use or permit to be used the premises for any illegal,
Immoral or improper purposes.
2. Not to make or permit any noise, disturbance or annoyance
whatsoever detrimental to the premises or to the comfort and peace of
neigh, boring reszdents.
3. The parties agree that the premises, including lawn and
plantings, and pool (if applicable), shall be continuously maintained in
good condition by the Tenant, includin~ but not limited to air
conditlonin~ and heat, appliances and/or app!mance service contract,
xnterlor pest exterm~natxon (if desired), lawn & plantings, lawn pest
control, bumlding exterior, bumlding lnserlor, pool and equipment/pool
service, and that the obligation and cost of malntenance shall be borne
by the Tenant.
4. All charges for utilities services during the term of this
Lease, including but not limted to electric, telephone, gas/fuel, sewer,
water, and refuse collection, shall be payable by the Tenant.
5. The Tenant assume full and complete risk of loss and injury to
themselves and others which may result from the occupancy of the subject
premises pursuant to this Lease and in consideration of such tenancy, the
Tenant agrees to indemnify, save, and hold the Landlord harmless from any
and all liability, costs, claims, expenses, or damages of whatsoever
nature includmng defense costs, attorneys' fees, and administrative
costs.
6. Tenant shall deliver up possession of the premises at the end
of the term in as good condition as they now are, ordinary wear and tear
excepted; Tenant acknowledges prior inspection of the premises and finds
same to be in good condition except as hereinafter noted.
7. Tenant agrees that Landlord shall have the right, upon
reasonable notice, to inspect the premises and to show the premises to
prospective Tenants or Purchasers.
8. Tenant agrees to pay the cost of repairing any and all damage
to the premises occasioned by Tenant or any other party during the term
of this Lease, including the cost of removing foreign substances from
toilets and sinks.
9. Tenant covenants and agrees that the premises shall not at any
time be occupied by more than one family or persons without
written approval of the Landlord.
10. DEFAULT: Tenant's default in the performance of the covenants
and conditions hereunder shall immediately constitute Tenant as a tenant
at sufferance and, in such event, Tenant waives all right of notice to
vacate said premises, and the Landlord sha'l be entitled to re-enter and
retake possession of the premises immedzata!y and without liab!lity for
such action.
11. Tenant agrees to pay all court costs and reasonable attorney's
fees which may be paid or incurred by Landlord or Landlord's agent
enforcing the covenants, conditions, agreements and obligations of this
Lease ~n the event of Tenant's default hereunder.
12. This Lease contains the entire agreement of the parties and
supersedes any and all prior agreements between them. This Lease shall
be b~nd~ng upon the benefit of the part~es, their Personal
Representatives, successors and assigns.
13. Tenant shall not assign the Lease, or sublet the premises or
any pare thereof, or permit the premises or any part thereof to be used
or occupied by anyone other than Tenant or members of Tenant's immediate
family, without the prior written consent of Landlord.
14. Tenant is hereby prohibited from making any improvements to the
subject real property other than pursuant to its repair and maintenance
and obligations as described herein and in the event a Claim of Lien
shall be recorded against the subject property as a result of any of
Tenant's actions and such Lien shall not be discharged of record within
ten (10) days thereafter, the Tenant shall be deemed to be in default
pursuant to the terms of this Lease.
IN WITNESS WHEREOF, the parties hereto have executed this Lease the
day and year first above written.
BY SIGNING THIS RENTAL AGREEMENT THE TENANT AGREES THAT UPON SURRENDER
OR ABANDONMENT, AS DEFINED BY THE FLORIDA STATUTES, THE LANDLORD SHALL
NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S
PERSONAL PROPERTY.
WITNESSES:
LANDLORD:
AS tO Landlord (2 required)
CITY OF DELRAY BEACH
By:
Printed Name:
Title:
As to Tenant (2 required) TENANT:
CONTRACT FOR SALE Ab'D PIIRCHASE
PARTIES: EUGE1TE JEAN-PIERRE and F~%RITA~'N'E JEAN-PIERRE, his wife,("~.l~"), of
14 NW 24th Avenue, Delray Beach, FL 33445, (Phone: 272-4571), and the CITY OF
DELRAY BEACH, a Florida municipal corporation, ("~L~"), of 100 N.W. 1st Avenue,
Delray Beach, FL 33444 (Phone: 561-243-7000), hereby agree that the Seller shall
sell and Buyer shall buy the following described Real Property and Personal
Property (collectively "P~") upon the following terms and conditions, which
INCLUDE the Standards for Real Estate Transactions ("~_~") on the reverse
side hereof or attached hereto and riders and any addenda to this Contract for
Sale and Purchase ("Contract").
DESCRIPTION:
(a) Legal descrIption of the Real Property located in Palm Beach County,
Florida:
Lot 43, Replat of Pa~t of Breezy Ridge Estates, according to the map
or plat thereof as recorded in Plat Book 24, Page 116, Public
Records of Palm Beach County, Florida
Property Control No.:12-43-46-18-02-000-0430
(b) Street address, city, zip, of the Property is: 14 NW 24th Avenue,
Delray Beach, Florida
II. PURCHASE PRICE: $153.400.00
PAY)~EI~T:
(a) Deposit(s) paid within three (3)
business days following the Effective
Date of this Contract, to be
held in escrow by Robert W. Federspiel,
P.A. Trust Account in the amount of
$ 1,000.00
(b)
Balance to close (U.S. cash, attorney trust
account check, LOCALLY DRAWN certified or
cashier's check, or wire transfer) subject to
adjustments or proration
Total
$153,400.00
III.
IV.
TIM~ FOR ACCEPTANCE; EFFECTIVE DATE; FACSIMILE: If this offer is not
executed by and delivered to all parties OR FACT OF EXECUTION communicated
in writing between the parties prior to such offer being withdrawn by the
first party signing, the deposit(s) will, at Buyer's option, be returned
and this offer withdrawn. The date of Contract ("Effective Date") will be
the later of the date when the last one of the Buyer and the Seller has
signed this offer or the date the City Commission of the City of Delray
Beach approves this Contract. A facsimile copy of this Contract and any
signatures thereon shall be considered for all purposes as originals.
TITLE EVIDF, NCE: At least 30 days from the effective date, (CHECK ONLY
ONE): DSeller shall, at Seller's expense, deliver to Buyer or Buyer's
attorney; OR ·Buyer shall at Buyer's expense obtain (CHECK ONLY ONE):
[]abstract of title or ·title insurance commitment (with legible copies
of instruments listed as exceptions attached thereto) and, after closing,
an owner's policy of title insurance.
Vo
CLOSING DATE: This transaction shall be closed and the Warranty Deed and
other closing papers delivered on the fourth Tuesday following the
expiration of the feasibility study period as provided for in Section
XI(A), unless modified by other provisions of Contract.
RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to:
comprehensive land use plans, zoning, restrictions, prohibitions and other
requirements imposed by governmental authority; restrictions and matters
appearing on the plat or otherwise common to the subdivision; public
utility easements of record (easements are to be located contiguous to
Real Property lines and not more than 10 feet in width as to the rear or
front lines and 7-1/2 feet ~n width as to the side lines, unless otherwise
stated herein); taxes for year of closing and subsequent years; assumed
mortgages and purchase money mortgages, if any {if additional items, see
addendum); provided that there exists at closing no violation of the
foregoing.
VII.
OCCUPANCY: Selle~ warrants there are no parties, in occupancy other than
Seller. Seller s~all deliver~occupancy ~f Property to Buyer at time of
closing unless otherwise stated herein. If occupancy is to be delivered
before closing, Buyer assumes all risk of loss to Property from date of
occupancy, shall be responsible and liable for maintenance from that date,
and shall be deemed to have accepted Property in its existing condition as
of time of taking occupancy unless otherwise stated herein.
VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
provisions, riders and addenda shall control all printed provisions of
this Contract in conflict with them.
IX.
ASSIGNABILITY: (CHECK ONLY ONE): Buyer (1) · may assign and thereby be
released from any further liability under this Contract; Omay assign but
not be released from liability under this Contract; or Omay not assign
this Contract.
Xe
XI.
DISCLOSURES:
(a) Radon is a naturally occurrin9 radioactive gas that, when
accumulated in a building in sufficient quantities, may present
health risks to persons who are exposed to it over time. Levels of
radon that exceed federal and state guidelines have been found in
buildings in Florida. Additional information regarding Radon or
Radon testing may be obtained from your County Public Health unit.
(b) Buyer may have determined the energy efficiency rating of the
residential building, if any is located on the Real Property.
SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided,
attached addendum and CHECK HERE ·.
CITY OF DELRAY BEACH
By:
Tax ID No. 59-6000308
Date
Eu~e Jean-Pierre Date
Social Security
or Tax ID ~o.
Ma~tanne Je~ierre Date
Social Security _J
Deposit(s) under Paragraph II (al received; IF OTHER TH3%N CASH, THEN SUBJECT TO
CLEAR3%NCE: ROBERT W. FEDERSPIEL, P.A.
By:
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
SELLER:
EUGENE JEAN-PIERRE and MARITANNE JEAN-PIERRE, his wife
BUYER:
CITY OF DELRAY BEACH, a Florida municipal corporation
PROPERTY ADDRESS:
14 NW 24th Avenue, Delray Beach, FL 33445
XI. SPECIAL CLAUSES; ADDENDA (Continued):
A. The Buyer shall have twelve (12) business days following the approval
of this contract by the City Commission as set forth in P_~ below within
which to conduct any and all feasibility studies and determinations relative to
the suitability for the acquisition of the subject property by the Buyer and the
Buyer reserves the express right to terminate this Contract at any time during
said period for any reason or no reason, in Buyer's sole discretion, whereupon
Buyer shall receive a full refund of all deposit monies paid hereunder. Buyer
shall be granted reasonable access to the premises to conduct such feasibility
studies and determinations, including environmental assays, core drilling,
surveys, soil sampling and other such testing.
B. This Contract is expressly contingent and conditioned upon the
approval of the same by the City Commission of the City of Delray Beach within
fifteen (15) business days from the date the Seller signs this Contract, and this
Contract shall expressly not be deemed an "offer" by the Buyer for any purpose
unless and until the said City Commission shall have approved and accepted said
Contract in open session. If this Contract is not approved by the City
Commission of the City of Delray Beach within fifteen (15) business days from the
date the Seller signs this Contract, then this Contract will be null and void and
of no further force or effect.
C. This purchase is in lieu of eminent domain. The parties believe that
this transaction is exempt from documentary stamp tax pursuant to Fla. Admin.
Code Ann. r. 12B-4.013, however in the event the obligation for documentary stamp
tax is determined and assessed, the Seller agrees to be responsible for the same
and to indemnify, save, and hold the Buyer harmless for such taxes.
D. Early Closing: Notwithstanding the provisions set forth in Section V
of the Contract, Sellers elect to close fifteen (15) business days following the
date of delivery to the Buyer of the executed Contract and a copy of all mortgage
account information relative to any mortgages Seller may have on the subject
property.
Seller hereby acknowledges that they have delivered the executed Contract for
Sale and Purchase and provided the mortgage pay~nent information on this day
of , 2002.
If you wish to elect this early.c~o~g option, please
initial here: ~-v7- ~
/
E. Purchase Price Adjustment: The Buyer hereby agrees that in the event
it shall have entered into any voluntary contract outside of eminent domain for
the purchase of another property within the Breezy Ridge Estates subdivision
prior to the closing of this purchase and sale and such other contract would
provide a purchase price as defined in Article II. of the Contract for Sale and
Purchase which is greater than thirty percent (30%) above the appraised value of
such other property according to a bonafide appraisal acceptable to the Buyer
(the "Other Contract"), the Buyer shall increase the purchase price for the
property which is the subject of this Contract to reflect the same percentage
variance above appraised value agreed to be paid in such Other Contract.
F. Property Excluded: The following appliances, improvements, and
fixtures located in or on the subject proper~y are hereby excluded from the sale
and will be removed when we vacate the premises:
G. Post-Closing Occupancy: The undersigned Sellers hereby elect to
continue to occupy the property after closing as a Tenant under a lease agreement
with the Buyer to be signed at closing in form substantially as attached hereto,
which lease will provide for the right to occupy the premises until November 1,
2002, at no rent. Further, provided that in the event the undersigned Seller has
entered into a lease with the School Board of Palm Beach County on or prior to
November 1, 2002, which lease is acceptable to the School Board of Palm Beach
County and provides for the Seller's right to continue to occupy the premises
after the conveyance of the property by the Buyer to the School Board of Palm
Beach County, the Seller shall have the right to continue occupancy after
November 1, 2002 under the lease with the Buyer until the earlier of: December 1,
2002, or the conveyance of the subject property by the Buyer to the School Board
of Palm Beach County.
If you wish to elect this[~'J'P°~t~°sing °~cY II
option, please initial here:
H. Relocation Benefit: The Buyer hereby acknowledges that if the
subject property is occupied as of the date of closing, the occupant will receive
a relocation benefit in the amount of One Thousand Five Hundred Dollars
($1,500.00), to be paid by the Buyer to the occupant upon the occupant vacating
the subject property.
BUYER'S INITIALS:
SELLERS' INITIALS:
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. EVIDENCE OF TITLE: (1)A~ abstract of t~t!~ prepared or brought current by a reputable and existing abstract firm (If not
existing then certified as correct by an existing flrm) purporting to be an accurate synops~s of the Instruments affecting title
to Real Property recorded in the public records of the county wherein Real Property is located, through Effective Date It shall
commence with the earliest public records, or such later date as may be customary in the county Upon closing of this Contract, the
abstract shall become the property of Buyer. sub]ect to the rlght of retention thereof Dy first mortgagee until fully paid (2)
A r~la ,n~urenem co~Fal~m~t issued by a Florida licensed title Insurer agreeing to issue to Buyer, upon recording of the deed to
Buyer, an owner's policy of title insurance in the amount of the purchase price, insuring Buyer's title to Real Property, SUbJeCt
only to liens, encumbrances, exceptions or guallf~catlon provided in this Contract and those which shall be discharged by Seller
at or before closing Seller shall convey a marketable t~tle sub]ec~ only to liens, encumbrances, exceptions or qualifications set
forth in Contract Marketable title shall be determined according to applicable Title Standards adopted by authority of The Florida
Bar and in accordance with law Buyer shall have 30 days, if abstract, or 5 days, if title commitment, from date of receiving
evidence of title to examine It If title is found defective, Buyer shall, wi%Lin 3 days thereafter, notify Seller in writing
specifying defect(s) If the defect(s) render title unmarketable, Seller will have 30 days from receipt of notice to remove the
defect(s), failing which Buyer shall, wlthln flve (5) days after expiration of the thirty (30) day period, deliver written notice
to Seller e~ther (1) extending the tlme for a reasonable period not to exceed 120 days wlthln which Seller shall use diligent effort
to remove the defects, or (2) requesting a refund of deposit(s) paid which shall Immediately be returned to Buyer If Buyer falls
to so notify Seller, Buyer shall be deemed to have accepted the tl~!e as it then is Seller shall, if title is found unmarketable,
use diligent effort to correct defect(s) in title wlt ~n the time provided therefor If Seller is unable to timely correct the
defects, Buyer shall e~ther waive the defects, or receive a refund of deposit(s), thereby releasing Buyer and Seller from all further
obligation under this Contract
B. SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of title, may have Real Property surveyed and
certified by a registered Florida surveyor If the sur~ey discloses encroachments on the Real Property or that improvements located
thereon encroach on setback lines, easements, lands of others, or violate any restrictions. Contract covenants or applicable
governmental regulation, the same shall constitute a title defect
C. INk.EBB AND~G~ESS: Seller warrants and represents that there is Ingress and egress to the Real Property sufflc~ent for the
intended use as described in ~a~aq~a~h VI. hereof, title to which is in accordance with Standard A.
D. LIENS: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for
hereln, of any financing statements, claims of lien or potential llenors known to Seller and further attesting that there have been
no improvements or repairs to Property for 90 days immediately preceding date of closing If Property has been improved, or repaired
within that t~me, Seller shall deliver releases or waivers of mechanics' liens executed by all ~eneral contractors, subcontractors,
suppliers, and mater~almen in addition to Seller's llen affidavit setting forth the names of all such general contractors,
subcontractors, suppliers and materlalmen and further affirming that all charges for Improvements or repairs which could serve as
a basis for a mechanic's l~en or a claim for damages have been paid or will be paid at closing of this Contract,
~. PLACE O~ CLOSING: Closing shall be held in the county where Real Property ~s located, at the offlce of the attorney of the
Buyer
F. TIM~: In computing time periods of less than slx (6) days, Saturdays, Sundays and state or national legal holidays shall be
excluded Any time periods provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5-00 p m. of
the next busx~ess day Txme xs of the essence xn this Contract.
G. DOCUMENTS FOR CLOSINg: Buyer shall furnish deed, owner's possession affldavlt, corrective instruments, and closing statement
H. EXPENSES: Recording of corrective instruments shall be pald by Se- =r, recording of deed shall be pald by Buyer Unless
otherwise provided by law or rider to thls Contract, charges for the following related title services, namely title or abstract
charge, title examination, and settlement and closing fee, shall be paid by the party responsible for furnishing the title evidence
in accordance with Paragraph TV
I. SPECIAL ASSESSMENT LI~S: Certified, confirmed and ratified special assessment liens as of date of closing (not as of Effective
Date) are to be paid by Seller. Pending liens as of date of closing shall be assumed by Buyer If the improvement has been
substantially completed as of Effective Date, any pending !~en shall be considered as certified, confirmed or ratified and Seller
shall, at closing, be charged an amount eqn/al to the last estimate Of assessment for the improvement by the publlc body
J. RISK OF LOSS: If the Property is damaged by fire or other casualty before closing and cost of restoration does not exceed 3%
of the assessed valuation of the Property so damaged, cost of restoration shall be an obligation of the Seller and closing shall
proceed pursuant to the terms of Contract with restoration costs escrowed at closing If the cost of restoration exceeds 3% of the
assessed valuation of ~he improvements so damaged, Buyer shall have the option Of either taklng Property as is, together with either
=he 3% or any insurance proceeds payable by virtue of such loss or damage, or of canceling Contract and receiving return of
deposit(s)
K. PROCEEDS OF SALE; CLOSING PROCEDURE- The deed shall be recorded upon clearance of funds If an abstract of title has been
furnished, evidence of title shall be continued at Buyer's expense to snow title in Buyer, without any encumbrances or change which
would render Seller's title unmarketable from the date of the last evidence All ClOSlmg proceeds shall be held in escrow by Seller's
attorney or other mutually acceptable escrow agent for a perlod of not more than 5 days after closing date If Seller's title is
rendered unmarketable, through no fault of Buyer. Buyer shall wlthln the 5 day period, notify Seller in writing of the de~ect and
Seller shall have 30 days from date of recelpt of such notification to cure the defect If Seller falls to tlme!y cure the defect,
all deposit(s) shall, upon written Gemand by Buyer and wlthln 5 davs after demand, be returned to Buyer and simultaneously with sucb
repayment, Buyer shall return Personalty and vacate Real Property and reconvey the Property to Seller by special warranty deed and
bill of sale If Buyer fails to make timely demand for refund, Buyer shall take title as is. waiving all rights against Seller as
to any Intervening defect except as may be available to Buyer by v~rtue of warrant~es contained in the deed Or bill of sale If a
portion of the purchase price is to be derived from institutional financing or refinancing, requirements of the lending Institution
as to place, time of day and procedures for closing, and for disbursement of mortgage proceeds shall control over contrary provision
in this Contract Seller shall have the r~gh~ to require from the lending lnstltutlon a wrltten co~nltment that it will not withhold
disbursement of mortgage proceeds as a result of any title defect attributable to Buyer-mortgagor The escrow and closing procedure
required by th~s Standard may be walved if tlt!e agent insures adverse matters pursuant to Section 627 7841, F S . as amended
L. ESCROW: Any escrow agent ("Aqem~") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit
them promptly, hold same in escrow and, subject to clearance, disburse them in accordance wlth terms and condltlons of Contract.
Failure of clearance of funds shall not excuse Buyer's performance If in doubt as to Agent's duties or llabl!~t~es under the
provlszons of Contract, Agent may. at Agent's option, contlnue to hold the subject matter of the escrow until the parties hereto
agree to Its disbursement, or until a judgment of a court of competent ]urlsdlctlon shall determmne the rights of the parties or
Agent may deposit with the clerk of the circuit court having 3ur~sdlctlon of the dispute Upon notifying all parties concerned of
such actmon, all llabmlmty on the part of Agent shall fully termmnate, except to the extent of accountmng for any Items previously
delivered out of escrow If a licensed real estate broker, Agent wlll comply with provmslons of Chapter 475, F S , as amended Any
suit between Buyer and Seller where Agent is made a party because of ac~lng as Agent hereunder, or in any sumt wherein Agent
lnterpleads the subject matter of the escrow, Agent sn i1 recover reasonable attorneys' fees and costs mncurred with these amounts
to be pamd from and OUt of the escrowed funds or equlva.ent and charged and awarded as court costs mn favor of the prevailing party
The Agent shall not be liable to any party or person for mlsdellvery to Buyer or Seller Of Items subject to thms escrow, unless such
mzsdelmvery ms due to wmllful breach of Contract or gross neglmgence of Agent
M. ATTORNEY FEES; COSTS: In any lmtlgatlon, Including breach, enforcement or mnterpretatlon, armsmng out of this Contract, the
prevamllng party mn such l%tlgatlon which, for the purposes of this Standard, shall mnclude Seller, Buyer, and any brokers actmng
mn agency or nonagency relationships authorized by Chapter 475. F S , as amended, shall be entitled to recover from the non-
prevamlmng party reasonable attorney's fees, costs, and expenses
N. FAX~'RE OP PERFOP44ANCE: If Buyer fails to perform thls Contract w~thmn the tmme speclfmed (lncludmng payment of all
deposit(s)}, the deposit(s) paxd by Buyer and deposmt(s) agreed to be paid, may be recovered and retained by or for the account of
Seller as agreed upon lmquldated damages, cons~deratlon for the execution of thms Contract and mn full settlement of any clamms,
whereupon, Buyer and Seller shall be relieved of all oblagatlons under Contract, or Seller, at Seller's optmon, ~y proceed in equmty
to enforce Seller's rights under thms Contract If, for any reason other than failure of Seller to make Seller's title marketable
after dmlmgent effort, Seller falls, neglects or refuses to perform this Contract, the Buyer may seek specmflc performance or elect
to recemve the return of Buyer's deposit(s) without thereby waiving any action for damages resultmng from Seller's breach.
0. CO~RACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Nemther this Contract nor any not~ce of mt shall be recorded in any public
records This Contract shall bind and ~nure to the benefit of the partmes and themr successors mn interest Whenever the context
permmts, smngular shall include plural and one gender shall mnclude all Notice gmven by or to the attorney for any party shall be
as effective as if gmven by or to that party
P. CONVEYANCe: Seller shall convey title to Real Property by warranty deed, subDect only to mat~ers contemned mn Paragraph VI.
and those otherwmse accepted by Buyer Personal Property shall, at request of Buyer, be transferred by an absolute bill of sale with
warranty of title, sub3ect only to such matters as may be otherwmse provmded for heremn.
Q. OTNER AG~J~3~ENTS: No prmor or present agreements or representations shall be bmndmng upon Buyer or Seller unless included In
this Contract. NO modlfmcatlon or change zn thls Contract shall be valid or :ndlng upon the parties unless in wrmtlng and executed
by the party or parties mntended to be bound by It
R. WARRANTIES: Seller warrants that there are nc facts known ~o Seller materially affectmng the value of the Property which are
not readily observable by Buyer or which have not been disclosed to Buyer
LEASE
THIS LEASE, is made by and between CITY OF DELRAY BEACH, hereinafter
called "Landlord," whose address is 100 N.W. First Avenue, Delray Beach,
Florida 33444, and
, hereinafter called "Tenant."
W I T N E S S E T H:
In consideration of the faithful performance of all covenants,
agreements and conditions herein contained, on the part of the Tenant to
be kept, done and performed, the said Landlord does hereby lease to the
Lessee the following described property:
Single family residence located at
, Delray Beach, Florida.
its "as is" condition.
Said property to be in
TO HAVE AND TO HOLD the same until November 1, 2002, at no rent.
Further, provided that in the event the Tenant has entered into a lease
with the School Board of Palm Beach County on or prior to November 1,
2002, which lease is acceptable to the School Board of Palm Beach County
and provides for the Tenant's right to continue to occupy the premises
after the conveyance of the property by the Landlord to the School Board
of Palm Beach County, the Tenant shall have the right to continue
occupancy after November 1, 2002, under the Lease with the Landlord until
the earlier of: December 1, 2002, or the conveyance of the subject
property by the Landlord to the School Board of Palm Beach County.
NOTICE TO TENANT (Pursuant to Chapter 83, F.S.)
A. Landlord designates SUSAN RUBY, ESQ., of the City Attorneys'
Office, 200 N.W. First Avenue, Delray Beach, FL 33444, as the person
authorized on its behalf to receive all notices and demands of Tenant.
THE TENANT FURTHER COVENANTS AND AGREES AS FOLLOWS:
1. Not to use or permit to be used the premises for any illegal,
immoral or improper purposes.
2. Not to make or permit any noise, disturbance or annoyance
whatsoever detrimental to the premises or to the comfort and peace of
neighboring residents.
3. The parties agree that the premises, including lawn and
plantings, and pool (if applicable), shall be continuously maintained in
good condition by the Tenant, including but not limited to air
conditioning and heat, appliances and/or appliance service contract,
interior pest extermination (if desired), lawn & plantings, lawn pest
control, building exterior, building interior, pool and equipment/pool
service, and that the obligation and cost of maintenance shall be borne
by the Tenant.
4. Ail charges for utilities services during the term of this
Lease, including but not limted to electric, telephone, gas/fuel, sewer,
water, and refuse collection, shall be payable by the Tenant.
5. The Tenant assume full and complete risk of loss and injury to
themselves and others which may result from the occupancy of the subject
premises pursuant to this Lease and in consideration of such tenancy, the
Tenant agrees to indemnify, save, and hold the Landlord harmless from any
and all liability, costs, claims, expenses, or damages of whatsoever
nature including defense costs, attorneys' fees, and administrative
costs.
6. Tenant shall deliver up possession of the premises at the end
of the term in as good condition as they now are, ordinary wear and tear
excepted; Tenant acknowledges prior inspection of the premises and finds
same to be in good condition except as hereinafter noted.
7. Tenant agrees that Landlord shall have the right, upon
reasonable notice, to inspect the premises and to show the premises to
prospective Tenants or Purchasers.
8. Tenant agrees to pay the cost of repairing any and all damage
to the premises occasioned by Tenant or any other party during the term
of this Lease, including the cost of removing foreign substances from
toilets and sinks.
9. Tenant covenants and agrees that the premises shall not at any
time be occupied by more than one family or persons without
written approval of the Landlord.
10. DEFAULT: Tenant's default in the performance of the covenants
and conditions hereunder shall immediately constitute Tenant as a tenant
at sufferance and, in such event, Tenant waives all right of notice to
vacate said premises, and the Landlord shall be entitled to re-enter and
retake possession of the premises immediately and without liability for
such action.
11. Tenant agrees to pay all court costs and reasonable attorney's
fees which may be paid or incurred by Landlord or Landlord's agent
enforcing the covenants, conditions, agreements and obligations of this
Lease in the event of Tenant's default hereunder.
12. This Lease contains the entire agreement of the parties and
supersedes any and all prior agreements between them. This Lease shall
be binding upon the benefit of the parties, their Personal
Representatives, successors and assigns.
13. Tenant shall not assign the Lease, or sublet the premises or
any part thereof, or permit the premises or any part thereof to be used
or occupied by anyone other than Tenant or members of Tenant's immediate
family, without the prior written consent of Landlord.
14. Tenant is hereby prohibited from making any improvements to the
subject real property other than pursuant to its repair and maintenance
and obligations as described herein and in the event a Claim of Lien
shall be recorded against the subject property as a result of any of
Tenant's actions and such Lien shall not be discharged of record within
ten (10) days thereafter, the Tenant shall be deemed to be in default
pursuant to the terms of this Lease.
IN WITNESS WHEREOF, the parties hereto have executed this Lease the
day and year first above written.
BY SIGNING THIS RENTAL AGREEMENT THE TENANT AGREES THAT UPON SURRENDER
OR ABANDONMENT, AS DEFINED BY THE FLORIDA STATUTES, THE LANDLORD SHALL
NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S
PERSONAL PROPERTY.
WITNESSES:
LANDLORD:
As to Landlord (2 required)
CITY OF DELRAY BEACH
By:
Printed Name:
Title:
As to Tenant (2 required)
,~.~
TENANT:
CONTRACT FOR SALE AND PURCHASE
PARTIES: ROBERT I. ESTES and PATSY J. ESTES, his wife, ("Seller"), of P.O. Box
1719, Delray Beach, FL 33447, (Phone: 278-5300), and the CITY OF DELRAY BEACH,
a Florida municipal corporation, ("Biky_~"), of 100 N.W. 1st Avenue, Delray Beach,
FL 33444 (Phone: 561-243-7000}, hereby agree that the Seller shall sell and Buyer
shall buy the following described Real Property and Personal Property
(collectively "~") upon the following terms and conditions, which INCLUDE
the Standards for Real Estate Transactions ("~") on the reverse side
hereof or attached hereto and riders and any addenda to this Contract for Sale
and Purchase ("~") .
DESCRIPTION:
(a) Legal description of the Real Property located in Palm Beach County,
Florida:
Lot 45, Replat of Part of Breezy Ridge Estates, according to the map
or plat thereof as recorded in Plat Book 24, Page 116, Public
Records of Palm Beach County, Florida
Property Control No.:12-43-46-18-02-000-0450
(b) Street address, city, zip, of the Property is: 22 NW 24th Avenue,
Delray Beach, Florida
Ii. PURCHASE PRICE:
PAYMENT:
(a)
Deposit(s) paid within three (3)
business days following the Effective
Date of this Contract, to be
held in escrow by Robert W. Federspiel,
P.A. Trust Account in the amount of
$ 1,000.00
(b)
Balance to close (U.S. cash, attorney trust
account check, LOCALLY DRAWN certified or
cashier's check, or wire transfer) subject to
adjustments or proration
Total
S555:000.00
$156,000.00
III ·
IV.
TIM~ FOR ACCEPTANCE; EFFECTIVE DATE; FACSIMILE: If this offer is not
executed by and delivered to all parties OR FACT OF EXECUTION communicated
in writing between the parties prior to such offer being withdrawn by the
first party signing, the deposit(s) will, at Buyer's option, be returned
and this offer withdrawn. The date of Contract ("Effective Date") will be
the later of the date when the last one of the Buyer and the Seller has
signed this offer or the date the City Commission of the City of Delray
Beach approves this Contract. A facsimile copy of this Contract and any
signatures thereon shall be considered for all purposes as originals.
TITLE EVIDENCE: At least 30 days from the effective date, (CHECK ONLY
ONE) : ~Seller shall, at Seller's expense, deliver to Buyer or Buyer's
attorney; OR ·Buyer shall at Buyer's expense obtain (CHECK ONLY ONE):
[]abstract of title or ·title insurance commitment (with legible copies
of instruments listed as exceptions attached thereto) and, after closing,
an owner's policy of title insurance.
Vo
CLOSING DATE: This transaction shall be closed and the Warranty Deed and
other closing papers delivered on the fourth Tuesday following the
expiration of the feasibility study period as provided for in Section
XI(A), unless modified by other provisions of Contract.
VI.
VII.
RESTRICTIONS; EASE~XENTS; LIMITATIONS: Buyer shall take title subject to:
comprehensive land use plans, zoning, restrictions, prohibitions and other
requirements imposed by governmental authority; restrictions and matters
appearing on the plat or otherwise common to the subdivision; public
utility easements of record (easements are to be located contiguous to
Real Property lines and not more than 10 feet in width as to the rear or
front lines and 7-1/2 feet in width as to the side lines, unless otherwise
stated herein); taxes for year of closing and subsequent years; assumed
mortgages and purchase money mortgages, if any (if additional items, see
addendum); provided that there exists at closing no violation of the
foregoing.
OCC~A~: Seller warrants there are no parties in occupancy other than
Seller. Seller shall deliver occupancy of Property to Buyer at time of
closing unless otherwise stated herein. If occupancy is to be delivered
before closing, Buyer assumes all risk of loss to Property from date of
occupancy, shall be responsible and liable for maintenance from that date,
and shall be deemed to have accepted Property in its existing condition as
of time of taking occupancy unless otherwise stated herein.
VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
provisions, riders and addenda shall control all printed provisions of
this Contract in conflict with them.
IX.
ASSIGNABILITY: (CHECK ONLY ONE): Buyer (1) · may assign and thereby be
released from any further liability under this Contract; []may assign but
not be released from liability under this Contract; or []may not assign
this Contract.
Xo
XI.
DISCLOSURES:
(a) Radon
(b)
is a naturally occurring radioactive gas that, when
accumulated in a building in sufficient quantities, may present
health risks to persons who are exposed to it over time. Levels of
radon that exceed federal and state guidelines have been found in
buildings in Florida. Additional information regarding Radon or
Radon testing may be obtained from your County Public Health unit.
Buyer may have determined the energy efficiency rating of the
residential building, if any is located on the Real Property.
SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided,
attached addendum and CHECK HERE ·.
CITY OF DELRAY BEACH
By:
Tax ID No. 59-6000308
Date
Robert I.~ Estes ~ /Date
Social Security
or Tax ID NO. ~.~
Social Security
or Tax ID NO.
Deposit(s) under Paragraph II (a' received; IF OTHER THAN CASH, THEN SUBJECT TO
CLEARANCE: ROBERT W. FEDERSPIEL, P.A.
By:
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
SELLER:
ROBERT I. ESTES and PATSY J. ESTES, his wife
BUYER:
CITY OF DELRAY BEACH, a Florida municipal corporation
PROPERTY ADDRESS:
22 NW 24th Avenue, Delray Beach, FL 33445
XI. SPECIAL CLAUSES; ADDENDA (Continued)-
A. The Buyer shall have twelve (12) business days following the approval
of this contract by the City Commission as set forth in ~.TA~~ below within
which to conduct any and all feasibility studies and determinations relative to
the suitability for the acquisition of the subject property by the Buyer and the
Buyer reserves the express right to terminate this Contract at any time during
said period for any reason or no reason, in Buyer's sole discretion, whereupon
Buyer shall receive a full refund of all deposit monies paid hereunder. Buyer
shall be granted reasonable access to the premises to conduct such feasibility
studies and determinations, including environmental assays, core drilling,
surveys, soil sampling and other such testing.
B. This Contract is expressly contingent and conditioned upon the
approval of the same by the City Commission of the City of Delray Beach within
fifteen (15) business days from the date the Seller signs this Contract, and this
Contract shall expressly not be deemed an "offer" by the Buyer for any purpose
unless and until the said City Commission shall have approved and accepted said
Contract in open session. If this Contract is not approved by the City
Commission of the City of Delray Beach within fifteen (15) business days from the
date the Seller signs this Contract, then this Contract will be null and void and
of no further force or effect.
C. This purchase is in lieu of eminent domain. The parties believe that
this transaction is exempt from documentary stamp tax pursuant to Fla. Admin.
Code Ann. r. 12B-4.013, however in the event the obligation for documentary stamp
tax is determined and assessed, the Seller agrees to be responsible for the same
and to indemnify, save, and hold the Buyer harmless for such taxes.
D. Early Closing: Notwithstanding the provisions set forth in Section V
of the Contract, Sellers elect to close fifteen (15) business days following the
date of delivery to the Buyer of the executed Contract and a copy of all mortgage
account information relative to any mortgages Seller may have on the subject
property.
Seller hereby acknowledges that they have delivered the executed Contract for
and provided the mortgage payment information on this day
Sale and Purchase, 2002. ~ ~ ~
of
If you wish to ele~ this_early ~los,~n~ g~ption, please
~nitial here:
E. Purchase Price Adjustment: The Buyer hereby agrees that in the event
it shall have entered into any voluntary contract outside of eminent domain for
the purchase of another property within the Breezy Ridge Estates subdivision
prior to the closing of this purchase and sale and such other contract would
provide a purchase price as defined in Article II. of the Contract for Sale and
Purchase which is greater than thirty percent (30%) above the appraised value of
such other property accordIng to a bonaflde appraisal acceptable to the Buyer
(the "Other Contract"), the Buyer shall increase the purchase price for the
property which is the subject of this Contract to reflect the same percentage
variance above appraised value agreed to be paid in such Other Contract.
F. Property Excluded: The following appliances, improvements, and
fixtures located in or on the subject property are hereby excluded from the sale
and will be removed when we vacate the premises:
G. Post-Closing Occupancy: The undersigned Sellers hereby elect to
continue to occupy the property after closing as a Tenant under a lease agreement
with the Buyer to be signed at c-osing in form substantially as attached hereto,
which lease will provide for the right to occupy the premises until November 1,
2002, at no rent. Further, provided that in the event the undersigned Seller has
entered into a lease with the School Board of Palm Beach County on or prior to
November 1, 2002, which lease is acceptable to the School Board of Palm Beach
County and provides for the Seller's right to continue to occupy the premises
after the conveyance of the property by the Buyer to the School Board of Palm
Beach County, the Seller shall have the right to continue occupancy after
November 1, 2002 under the lease with the Buyer until the earlier of: December 1,
2002, or the conveyance of the subject property by the Buyer to the School Board
of Palm Beach County.
IIf you wish to elect this pg~t-cl~sing 0~up~cy
H. Relocation Benefit: The Buyer hereby acknowledges that if the
subject property is occupied as of the date of closing, the occupant will receive
a relocation benefit in the amount' of One Thousand Five Hundred Dollars
($1,500.00), to be paid by the Buyer to the occupant upon the occupant vacating
the subject property.
BUYER'S INITIALS:
SELLERS' INITIALS:
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. EViDENC~ OF TITLE: (1)An ab~trac- of ~r]e prepared or brought curren~ by a reputable and e×lstlng abstract firm {~f not
existing then certlfled as correct by an existing flrm) purporting to be an accurate synopsis of the instruments affecting tltte
to Real Property recorded in the public records of the count} wherein Real Property is located, through Effective Date It shall
commence with the earliest p~blxc records, or such later date as may be customary in the county Upon closing of thls Contract, the
abstract shall become the property of Buyer, sub]eot to the right of retention thereof by first mortgagee until fully paid (2)
A ~r]~ ~llr~mC~ ~cm~ltm~nr lssued by a Florlda licensed title l~surer agreeing to issue to Buyer, upon recording of t~e deed to
Buyer, an Owner's policy Of title insurance l~ the amount of the purchase price, insuring Buyer's tltle to Real Property, subject
only to liens, encumbrances, exceptions or qualification provided in this Contract and those whlch shall be discharged by Seller
at or before closing Seller shall convey a marketable ~Itle subject only to liens, encumbrances, exceptions or qualifications set
forth in Contract Marketable t~tle shall be determined according to applicable Title Standards adopted by authority of The Florida
Bar and in accordance with law Buyer shall have 30 days, ~f abstract, or 5 days, if title commitment, from date of receiving
evidence Of title to examine ~t If t~tle is found defective, Buyer shall, within 3 days thereafter, not~fy Seller ~n wrl=lng
specifying defect (s) If the defect(s) render title unmarketable. Seller w~ll have 30 days from receipt of notice to remove ~he
oefect(s), failing whlch Buyer shall, w~thln f~ve (5) days after expiration of the thirty (30) day period, deliver written not~ce
to Seller either (1) extending the tlme for a reasonable per~od not to exceed 120 days w~th~n which Seller shall use diligent effort
to remove the defects, or (2)requestlng a refund of deposit(s) paid which shall ~mmedlately be returned to Buyer If Buyer fails
to so notify Seller, Buyer shall be deemed to have accepted the title as it then ~s Seller shall, ~f t~=le is found unmarketable,
use d~l~gent effort to correct defect(s) in t~tle wit _n the ~me provided therefor If Seller ~s unable to timely correct the
defects, Buyer shall either waive the defects, or receive a refund of deposit(s), thereby releasing Buyer and Seller from al! further
obligation under this Contract.
B SURVEY: Buyer, at Buyer's expense, wlthln t~me allowed to deliver evidence of title, may have Real Property surveyed and
certified by a registered Florida surveyor If the survey discloses encroachments on the Real Property or that improvements located
thereon encroach on setback llnes, easements, lands of others, or violate any restrictions. Contract covenants or applicable
governmental regulation, the same shall constitute a title defect
C. INGRESS AND EGRESS: Seller warrants and represents that there ~s ~ngress and egress to the Real Property sufficient for the
Intended use as described ~n ~a~a~,~h VT_ hereof, title to which ~s in accordance with Standard A
D. LI~S: Seller shall furnish to Buyer at tlme of closing an affidavit attesting to the absence, unless otherwise provided for
herein, of any f~nanc=ng statements, cla~e of lien or potential llenors known to Seller and further attesting that ~here have been
no ~mprovements or repairs to Property for 90 days immediately preceding date of closing If Property has been improved, or repaired
within that tlme, Seller shall deliver releases or waivers of mechanics' l~ens executed by all general contractors, subcontractors,
suppliers, and mater~almen in addition to Seller's lien affidavit settlng forth the names of all such general contractors,
subcontractors, suppliers and mater~almen and further affirming that all charges for improvements or repairs which could serve as
a basis for a mechanic's lien or a claim for damages have been pa~d or will be paid at closing of th~s Contract
E. P,~.CE OF CLOSING: Closing shall be held ~n the county where Real Property is located, at the off~ce of the attorney of the
Buyer
F. TIM~: In computing t~me periods of less than slx (6) days, Saturdays, Sundays and state or national legal holidays shall be
excluded Any time per,ods provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5 00 p m of
the next busLnees day. Time is o~ the essence Ln th~s Con~raot
G. DOC~4~TS FOR CLOSING: Buyer shall furnish deed, owner's possession 5ff~davlt, corrective Instruments, and closing statement
H. EXPENSES: Recording of corrective ~nstrumen=s shall be pald by Se.-~r, recording of deed shall be paid by Buyer Unless
otherwise provided by law or rider to th~s Contract, charges for the following related title services, namely title or abstract
charge, title examination, and settlement and closing fee, shall be pa~d by the party responsible for furnlsh~ng the t~tle evidence
In accordance with D&~a~h TV
i. SPECIAL ASSESSMENT LIENS. Certlfled, confirmed and ratified special assessment l!ens as of date of closing (not as of Effective
Date) are to be paid by Seller Pending liens as of date of closing shall be assumed by Buyer If the improvement has been
substantially completed as of Effective Date, any pending lien shall be considered as cert~fled, confirmed or rat~f=ed and Seller
shall, at closing, be charged an amount equal to the last estimate of assessment for the improvement by the public body
J RISK OF LOSS: If the Property ~s damaged by f~re or other casualty before closing and cost of restoration does not exceed ~%
of the assessed valuation of the Property so damaged, cost of restoration shall be an obligation of =he Seller and closing shall
proceed pursuant to the terms of Contract with restoratlon COSTS escrowed at closing If the cost of restoration exceeds 3% of the
assessed valuatlon of the Improvements so damaged, Buyer shall have the option of either taking Property as is, together with either
the 3% or any insurance proceeds payable by virtue of such loss or damage, or of canceling Contract and recelvlng return of
deposl~(s)
K. PROCEEDS OF SALE, CLOSING PROCEDURE~ The deed shall be recorded upon clearance of funds If an abstract of title has been
furnished, evidence of t~tle shall be continued at Buyer's expense to show tltle in Buyer, without any encumbrances or change which
would render Seller's title unmarketable from the date of the last evidence All closing proceeds shall be held in escrow by Seller's
attorney or other mutually acceptable escrow agent for a perlod of not more than 5 days after closlng date If Seller's ~ltle is
rendered unmarketable, through ne faul~ of Buyer, Buyer she!l, w~th~n the 5 ~a? period, notify Seller in writing of the defect and
Selle~ shall have 30 days from date of rece:pt o~ such notlflcat~on to cure the defect If Seller falls tc tlmely cure the defect,
all deposit(s) shall, upon written demand by Buyer and wlthln 5 days after demand, be returned to Buyer and simultaneously wlth such
repayment, Buyer shall return Personalty and vacate Real Property and reconvey the Property to Seller by special warranty deed and
blll of sale If Buyer falls to make timely demand for refund, Buyer shall take title as is, waiving all rights against Seller as
to any Intervening defect except as may be available to Buyer by virtue of warranties contained in the deed or bill of sale If a
portlon of the purchase price is to be derived from institutional financing or reflnanclng, recpalrements of the lending l~StltU~lOn
as to place, time of day and procedures for closing, and for dlsburse~lent of mortgage proceeds shall control over contrary provision
in this Contract Seller shall have the right to req,~Ire from the lending InStltUtlon a written COr~ltment that it wlll ~o~ wlthhold
disbursement of mortgage proceeds as a result of any title defect attributable to Buyer-mortgagor The escrow and closing procedure
rec~lred by this Standard may be waived if title agent insures adverse matters pursuant to Section 627 7841, F S , as amended
L. ESCROW: A/3y escrow agemt ("A~,n~") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit
them promptly, hold same in escrow and. subject to clearance, disburse them in accordance with terms and condltlOnS of Contract
Failure of clearance of funds shall not excuse Buyer's performance If in doubt as to Agent's duties or liabilities under the
provisions of Contract, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties hereto
agree to its disbursement, or until a judgment of a court of competent ]urlsdlctlon shall determlne the rights of the parties or
Agent may deposit w/th the clerk of the circuit court having ]urlsdlctlon of the dispute Upon notlfylng all parties concerned of
such action, all liability on the part of Agent shall fully terminate, except to 5he extent of accounting for any items previously
dellvered out of escrow If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S , as amended Any
suit between Buyer and Seller where Agent is made a party because of acting as Agent hereunder, or in any suit wherein Agent
lnterpleads the subject matter of the escrow, Agent sn-!t recover reasonable attorneys' fees and costs Incurred with these amounts
to be pa~d ~rom and out of the escrowed funds or equlvaie-t and charged and awarded as court costs ~n favor of the prevailing party
The Agent shall not be liable to any party or person for mlsdellvery to Buyer or Seller of Items subject to this escrow, unless such
m~sdellvery =s due to wlllful breach of Contract or gross negllgence of Agent
M. ATTO~2{EY FE~S; COSTS: In any litigation, Including breach, enforcement or Interpretation. arising out of this Contract. the
prevailing party in such lltlgat~on which, for the purposes of thls Standard, shall Include Seller, Buyer, and any brokers acting
In agency or nonagency relationships authorlzed by Chapter 475, F S , as amended, shall be entitled to recover from the non-
prevailing party reasonable attorney's fees, costs, and expenses
N. FAILURE OF PERFORF.%NCE: If Buyer falls to perform this Contract within the time specified (including payment of all
deposit(s)), the deposit(s) paid by Buyer and deposit(s) agreed to be paid, may be recovered and retained by or for the account of
Seller as agreed upon llquldated damages, consideration for the execution of this Contract and in full settlement of any claims,
whereupon, Buyer and Seller shall be relieved of all obligations under Contract, or Seller, at Seller's option, msy proceed in equity
to enforce Seller's rights under this Contract If, for any reason other than failure of Seller to make Seller's tltle marketable
after d~lxgent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek speclflc performance or elect
to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach
O. COiTTRAC'T NOT RECORDABLE; PERSONS BOUt; NOTICE: Neither this Contract nor any notice Of it shall be recorded in any publlc
records. This Contract shall blnd and inure to the benefit of the parties and their successors in interest Whenever the context
permits, sln~lar shall include plural and one gender shall include all. Notice given by or to the attorney for any party shall be
as effective as if given by or to that party
P. CO~ANCE: Seller shall convey title to Real Property by warranty deed, subject only to matters contained in
and those otherwlse accepted by Buyer Personal Property shall, at request of Buyer, be transferred by an absolute bill of sale with
warranty of title, sub3ect only to such mstters as may be otherwlse provided for herein
Q. O~A(3~S: NO prior or present agreements or representations shall be binding upon Buyer or Seller unless included
this Contract No n~lflcatlon or change in this Contract shall be valid or . ~ndlng upon the parties unless in writing and executed
by the party or parties lntended to be bound by it
R. WARrAnTIES: Seller warrants that there are no facts known to Seller materially affecting the value of the Property which are
not read!ly observable by Buyer or which have not been disclosed to Buyer
LEAS E
THIS LEASE, is made by and between CITY OF DELRAY BEACH, hereinafter
called "Landlord," whose ~ddress is 100 N.W. First Avenue, Delray Beach,
Florida 33444, and ~~)~- ~- ~q-~S ~O~ ~ 5. ~-~'~
· hereinafter called "Tenant."
WI TNES SETH:
In consideration of the faithful performance of all covenants,
agreements and conditions herein contained, on the part of the Tenant to
be kept, done and performed, the said Landlord does hereby lease to the
Lessee the following described property:
Single family residence located at ~ ~. ~. ~-~---.
· Delray Beach· Florida. Said property to be in
its "as is" condition.
TO HAVE AND TO HOLD the same until November 1, 2002, at no rent.
Further, provided that in the event the Tenant has entered into a lease
with the School Board of Palm Beach County on or prior to November 1,
2002, which lease is acceptable to the School Board of Palm Beach County
and provides for the Tenant's right to continue to occupy the premises
after the conveyance of the property by the Landlord to the School Board
of Palm Beach County, the Tenant shall have the right to continue
occupancy after November 1, 2002, under the Lease with the Landlord until
the earlier of: December 1, 2002, or the conveyance of the subject
property by the Landlord to the School Board of Palm Beach County.
NOTICE TO TENANT (Pursuant to Chapter 83, F.S.)
A. Landlord designates SUSAN RUBY, ESQ., of the City Attorneys'
Office, 200 N.W. First Avenue· Delray Beach, FL 33444· as the person
authorized on its behalf to receive all notices and demands of Tenant.
THE TENANT FURTHER COVENANTS AND AGREES AS FOLLOWS:
1. Not to use or permit to be used the premises for any illegal,
immoral or improper purposes.
2. Not to make or permit any noise, disturbance or annoyance
whatsoever detrimental to the premises or to the comfort and peace of
neighboring residents.
3. The parties agree that the premises, including lawn and
plantings, and pool (if applicable), shall be continuously maintained in
good condition by the Tenant, including but not limited to air
conditioning and heat, appliances and/or appliance service contract,
· nterior pest extermination (if desired), lawn & plantings, lawn pest
control, building exterior, building interior, pool and equipment/pool
service, and that the obligation and cost of maintenance shall be borne
by the Tenant.
4. Ail charges for utilities services during the term of this
Lease, including but not limted to electric, telephone, gas/fuel, sewer,
water, and refuse collection, shall be payable by the Tenant.
5. The Tenant assume full and complete risk of loss and injury to
themselves and others which may result from the occupancy of the subject
premises pursuant to this Lease and in consideration of such tenancy, the
Tenant agrees to indemnify, save, and hold the Landlord harmless from any
and all liability, costs, claims, expenses, or damages of whatsoever
nature including defense costs, attorneys' fees, and administrative
costs.
6. Tenant shall deliver up possession of the premises at the end
of the term in as good condition as they now are, ordinary wear and tear
excepted; Tenant acknowledges prior inspection of the premises and finds
same to be in good condition except as hereinafter noted.
7. Tenant agrees that Landlord shall have the right, upon
reasonable notice, to inspect the premises and to show the premises to
prospective Tenants or Purchasers.
8. Tenant agrees to pay the cost of repairing any and all damage
to the premises occasioned by Tenant or any other party during the term
of this Lease, including the cost of removing foreign substances from
toilets and sinks.
9. Tenant covenants and agrees that the premises shall not at any
time be occupied by more than one family or persons without
written approval of the Landlord.
10. DEFAULT: Tenant's default in the performance of the covenants
and conditions hereunder shall immediately constitute Tenant as a tenant
at sufferance and, in such event, Tenant waives all right of notice to
vacate said premises, and the Landlord shall be entitled to re-enter and
retake possession of the premises immediately and without liability for
such action.
11. Tenant agrees to pay all court costs and reasonable attorney's
fees which may be paid or incurred by Landlord or Landlord's agent
enforcing the covenants, conditions, agreements and obligations of this
Lease in the event of Tenant's default hereunder.
12. This Lease contains the entire agreement of the parties and
supersedes any and all prior agreements between them. This Lease shall
be binding upon the benefit of the parties, their Personal
Representatives, successors and assigns.
13. Tenant shall not assign the Lease, or sublet the premises or
any part thereof, or permit the premises or any part thereof to be used
or occupied by anyone other than Tenant or members of Tenant's immediate
family, without the prior written consent of Landlord.
14. Tenant is hereby prohibited from making any improvements to the
subject real property other than pursuant to its repair and maintenance
and obligations as described herein and in the event a Claim of Lien
shall be recorded against the subject property as a result of any of
Tenant's actions and such Lien shall not be discharged of record within
ten (10) days thereafter, the Tenant shall be deemed to be in default
pursuant to the terms of this Lease.
IN WITNESS WHEREOF, the parties hereto have executed this Lease the
day and year first above written.
BY SIGNING THIS RENTAL AGREEMENT THE TENANT AGREES THAT UPON SURRENDER
OR ABANDONMENT, AS DEFINED BY THE FLORIDA STATUTES, THE LANDLORD SHALL
NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S
PERSONAL PROPERTY.
WITNESSES:
LANDLORD:
AS to Landlord (2 required)
CITY OF DELRAY BEACH
By:
Printed Name:
Title:
As to Tenant (2 required)
TENANT:
CONTRACT FOR SA~E ~ PURCHASE
PARTIES: DAVID REINHART, a single man, ("Seller"), of 1235 NW 19th Terrace, Delray
Beach, FL 33445, (Phone. 278-8420), and the CITY OF DELRAY BEACH, a Florida
municipal cool, oration, ("Bliy_~C"), of 100 N.W. 1st Avenue, Delray Beach, FL 33444
(Phone: 561-243-7000), hereby agree that the Seller shall sell and Buyer shall
buy the following described Real Property and Personal Property (collectively
"~") upon the followlng terms and conditions, which INCLUDE the Standards
for Real Estate Transactions ("~La~1~_~:k~_k") on the reverse side hereof or
attached hereto and riders and any addenda to this Contract for Sale and Purchase
DESCRIPTION:
(a) Legal description of the Real Property located in Palm Beach County,
Florida:
Lot 46, ReplaC of Pa-z of Breezy Ridge Estates, according to the map
or plat thereof as ecorded in Plat Book 24, Page 116, Public
Records of Palm Beach _purity, Florzda
Property Control No.:12-43-46-18-02-000-0460
(b) Street address, city, zip, of the Property is: 24 NW 2%th Avenue,
Delray Beach, Florida
II. PURCHASE PRICE:
PAYMENT:
(a)
Deposit(s) paid within three (3)
business days following the Effective
DaCe of this Contract, to be
held in escrow by Robert W. Federspiel,
P.A. Trust Account in the amount of
$ 1,000.00
(b)
Balance to close {U.S. cash, attorney trust
accoun~ check, LOCALLY DRAWN certified or
cashier's check, or wire transfer) subject
adjustments or proration
Total
$162,500.00
III.
IV.
TIME FO~ ACCEPTARCE; EFFECTIVE DATE; FACSIMILE: If this offer is not
executed by and del!';ered to all parties OR FACT OF EXECUTION communicated
in writing between ~he parties prior to such offer being withdrawn by the
first party signlng, the deposit(s) will, at Buyer's option, be returned
and this offer withdrawn. The date of Contract ("Effec~;e Date") will be
the later of the da~e when the last one of the Buyer and the Seller has
signed this offer or the date the City Commlsslon of the City of Delray
Beach approves this Con~ract. A facsimile copy of this Contract and any
signatures thereon shal~ be consldered for all purposes as originals.
TITLE EVIDENCE: Az leas~ 30 days from the effective date, (CHECK ONLY
ONE) : ~Se!ler shall, a~ Seller's expense, deliver ~o Buyer or Buyer's
attorney, OR msuyer shall at Buyer's expense obtain (CHECK ONLY ONE).
Oabstract of t~tle or mt~tle ~nsu~ance commitment (w~ch Legible copies
of ~nstruments listed as exceptions attached thereto) and, afzer
an owner's policy of t~le insurance._._~~..~~--~~. f) ,~
other closing papers delivered on{~ ~ = ~ ~%hc fo~J%k wc~na~d&7'
XI(_~_~A) unle%s modified by other provisions of Contract
RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject
comprehensive land use plans, zoning, restriczions, prohibitions and other
requirements imposed by governmental authority; restrictions and matters
appearing on the plat or otherwise common to the subdivision; public
utility easements of record (easements are to be located contiguous
Real Property lines and not more than 10 feet in width as to the rear or
front lines and 7-1/2 feet _n width as to =he side lines, unless otherwise
s=a~ed herein); taxes for ~r of closing and subsequen~ years; assumed
mortgages and purchase mone ~ortgages, if any (if additional ~tems, see
addendum); provided that there exists a~ closing no violation of ~he
foregoing.
OCuumANCY: Seller warrants there are no parties in occupancy other than
Seller. Seller shall del~ver occupancy of Property to Buyer at z~me of
closing unless otherwise s~aced here~n. If occupancy is to be delivered
before closing, Buyer assumes all r~sk of loss to Property from date of
occupancy, shall be responsible and l~able for maintenance from that date,
and shall be deemed to have accepted Property in its existing condition as
of time of taking occupancy unless o~herwise scared herein.
VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewrizten or handwritten
provisions, r~ders and addenda shall control all printed provisions of
this Contract in conflict wi~h them.
IX.
ASSIGNABILITY: (CHECK ONLY ONE): Buyer (1) · may assign and thereby be
released from any further l~ability under ~his Contract; ~may assign buz
not be released from liab~!~y under this Contract; or Omay not assign
this Contracu.
DISCLOSURES:
(a) Radon
(b)
is a naturally occurring radioactive gas that, when
accumulated in a buildzng in sufficient quan~i~ies, may 9resent
health risks ~o persons who are exposed ~o zt over ~ime. Levels of
radon that exceed federal and s~ate guidelines have been found in
buildings in Florida kddizional information regardlng Radon or
Radon testing may be obuained from your County Public Health unit.
Buyer may have determined zhe energy efficiency rating of the
residenuial building, ~f any ~s located on the Real Property.
SPECIAL CLAUSES; ADDENDA: If add~=~onal ~erms are ~o be provided,
a~tached addendum and CHECK HERE ~.
CITY OF 0ELRAY BEACH
Tax ID No. 59-6000308
Date Davzd Reznhar~ Daze
Social Security
Deposit(s) under Paragraph ~I (a) received; IF OT~ER TF~AN CASH, THEN SUBJECT TO
CLZARA~CE: ROBERT W. FEDERSPIEL, P.A.
By:
ADDEI~'D~]~ TO COI~i~CT FOR SALE ~ P~'I~CHASE
SELLER:
BUYER:
PROPERTY ADDRESS;
DAVID REINHART, a single man
CITY OF DELRAY BEACH, a Florida municipal corporation
24 NW 24th Avenue, Delray Beach, FL 33445
XI. SPECIAL CLAUSES; ADDENDA (Continued) : ,%
A. The Suyer shall have ~ business days following the approval
of this contract by the City Commission as set forth in P_~ below within
which to conduct any and all feasibility studies and determinations relative to
the suitability for the acquisition of the subject property by the Buyer and the
Buyer reserves the express right to terminate this Contract at any time during
said period for any reason or no reason, in Buyer's sole discretion, whereupon
Buyer shall receive a full refund of all deposit monies paid hereunder. Buyer
shall be granted reasonable access to the premises to conduct such feasibility
studies and determinations, inc ~ding environmental assays, core drilling,
surveys, soil sampling and other s,ch testing.
B. This Contract is expressly contingent and conditioned upon the
approval of the same by the City Commission of the City of Delray Beach within
fifteen business (15) days from the date the Seller signs this Contract, and this
Contract shall expressly no~ be deemed an "offer" by the Buyer for any purpose
unless and until the said City Commission shall have approved and accepted said
Contract in open session. If chis Contract is not approved by the City
Commission of the City of Delray Beach within fifteen business (15) days from the
date the Seller signs this Contract, then th~s Contract will be null and void and
of no further force or effect.
C. This purchase is in lieu of eminent domain. The parties believe that
this transaction is exempt from documentary stamp tax pursuan~ to Fla. Admin.
Code Ann. r. 12B-4.013, however in the event the obligation for documentary stamp
tax is de~ermined and assessed, the Seller agrees to be responsible for the same
and to indemnify, save, and hold the Buyer harmless for such taxes.
D. Early Closing: No~withstanding the provisions set forth in Section V
of the Con~rac~, Sellers elect to close fifteen (15) business days following the
date of delivery to the Buyer of the executed Contract and a copy of all mortgage
accoun~ information relative to any mortgages Seller may have on the subject
proper~y.
Seller hereby acknowledges that they have delivered the executed Contract for
Sale and Purchase and provided the mortgage payment information on this day
of , 2002.
If you wish to elect this early closing option, please
initial here:
E. Purchase Price Adjustment: The Buyer hereby agrees that in the event
it shall have entered into any volunta~f contract outside of eminent domain for
~he purchase of another property w~th~n the Breezy R~dge Estates subdivision
prior to the closing of this purchase and sale and such other contract ,would
provide a purchase price as defined in Article II. of the Contract for Sale and
~urchase which is greater than thirty percent (30%) above the appraised value of
such ocher property according to a bonafide appraIsal acceptable to the Buyer
{the "Other Contract"), the Buyer shall increase the purchase price for the
property which is the subject of this Contract zo reflec~ ~he same percentage
variance above appraised value agreed to be paid ~n such Other Contract.
F. Property Excluded: The foLlowtng appllances, improvements, and
fixtures located in or on the subject property are hereby excluded from the sale
and will be removed when we vacate the premzses:
G. Post-Closing Occupancy: The undersigned Sellers hereby elect To
continue to occupy The property after closLng as a Tenant under a lease agreement
with The Buyer To be signed at c'qsing in form substantially as attached hereto,
which lease will provide for the ~hT to occupy the premises untL1 November 1,
2002, at no rent. Further, provldea ~hat in the event The undersigned Seller has
entered into a lease w~th the School Board of Palm Beach County on or prior to
November l, 2002, which lease is acceptable To the School Board of Palm Beach
County and provides for the Seller's right to continue to occupy The premises
after the conveyance of the property by the Buyer to The School Board of Palm
Beach County, the Seller shall have The right Zo continue occupancy after
November 1, 2002 under the lease with the Buyer until The earlier of: December 1,
2002, or the conveyance of the subject property by the Buyer ~o The School Board
of Palm Beach County.
If you wish to elect This post-closing occupancy
option, please initial here: ~3 ~ ~
H. Relocation Beneffit: The Buyer hereby acknowledges that if the
subject proper~y is occupied as of The date of closing, the occupant will receive
a relocation benefit in the amount of One Thousand Five Hundred Dollars
($1,500.00), ~o be paid by the Buyer to Tke occupant upon The occupant vacating
the subject property.
BUYER'S INITIALS:
SELLERS' INITIALS:
STAIgD~d{DS FOR REAL ESTATE TP-Ai~SACTIONS
e~Lsc~ng c~en cert%~e~ as co~ect by ~n ex~t~ng ~t~m) purporting zo De ~ ~ccu~ce synops~ o~ the .nscrumenc~ ~c~ng
co~mence with ~e earliest puDl~c records, or s~ch [acer dace as ~ay be customa~-y :n the county Upon closing of chis Cont race,
~or:h Ln Con=tact Mar~eta~Le CL=le shall be determLned accord:ng to applLcable T~tle Standards adD,ted Dy authorL:y o~ The F!orlda
specifying defect(s) ~ C~e de,eec(s) re.er c~c~e un~rkeca~e, Seller w~ll have 30 days ~rom receipt o~ aDc=ce uo =e~ve the
oo~lg&c%o~ unde~ =hzs Contract.
here~n, of any ~nc~ng scace~ncs, claims of izen or ~cenc.ai Llenors ~o~ Co Seller and further acues==ng chat u~ere have been
w~ch~ =~a= =~, Seller s~ll deliver releases or wa&vets of merman&cs' l~ens executed by all genera~ contractors, subcontractors,
excluded. ~y =L~ per~ods provided for here~ ~h~cn ~nal! end on Saturday, S~day or legal holily shall ex=end uo ~ 00 p ~.
charge, C~=Ie e~m~c~on, and settlement an~ =losing fee, ~n~ii be pard uy the ~ar~7 respoas~le ~or ~u~s~g the =~=!e evidence
;~scanc~ally co~leCed ~s of Effect=ye Date. any ~end~ng laen shall be consLdered as certified, conf~ed o~ far,fled and Sel!e~
~al!, ac closing, be c~rged an ~mounc e~al :: ~ne !as= est=mace of assessment for :he ~mprovemenc o7 =ne 9~fa~ oody
K PROCEEDS O~ SALE; CLOSING PROC~E. The ~ee~ ~hail ~e :ecorded upon clearance 3f funds I~ an Rose.ac: o~ c:cle nas
would render Seller'~ ::tie un~rtecaDle from :ne ~a%e of z~e .aec ~vtdence %11 c4osLng proceeds ~ll be held .n escrow by Sel!er'~
rendered un~rkecaDie, :nroug~ no faul~ of Buyer, 3u/er sna.. ~L:h~n %ne 5 day perLod, motley Seller L~ wrltL~g of :~e defec~ and
delivered otc of escrow :fa ::tensed :eel es:ace broker, Agent w:l! co~l/ w::~ ~rovLsLons of Chapter 4~5, F & , as amen=e~
:o be paid from ~ ouc Of :he escrowed :undo or e~:'?a - and c~cged and awarded as cour: costs :n ~avor of :~e 9reva:L:ng parly
:o enforce Seller's rLg~s under :~ss Con:rat: I~. for any ~easo~ o~her ~han failure of SeLle~ ~o ~ke Seller's ~L:le ~rke~a0le
after d:l~gen= e~or:, Sea!er ~a~Ls, n~lec:s or refuses ~o ~erfo~ :h~s Con~racn, :~e ~uyec may see~ ~pec~f:c ~erfo~nce 3r
O. C0~ ~ ~CO~LE; ~SONS aO~; ~TICE: Ne~:her :h~s Con:rat: ~or any no:Lee of :: s~al! be recorded :n any ~l::
~. ~: seller shall convey :::!e l~ ~ea. 2roper~y by warranty deed. s~]ec: only :o ~c:ers con:a:n~ ~n ~a~a~-a~h
and ~hose o~he~se acce~ced ~7 Buyer. ?erso~! ~ro~er:7 shall, a: ~e~es~ of 3uyer, be transferred by an a~solu:e Dill of sale
O. O~ ~: No er=or or present agreemen:~ or representations ~hall be b~ndLng upon ~uyer or Seller unless ~ncluded
:h~s Con:rac~ NO ~dlfscac:on or c~nge ~n :h~s Contract ~ll De val~d or b~:ng u~on :~e ~ar::es unless %n wr::Lmg and executed
CONTRACT FOR SALE A_N'D PIrRCI~SE
PARTIES: WAGNER VELOSO, a married man, ("~") , of 28 NW 24th Avenue, Delray
Beach, FL 33445, (Phone 278-9451) , and the CITY OF DELRAY BEACH, a Florida
municipal corl~ora=ion, ("B~hy_~"), of 100 N.W. Ist Avenue, Delray Beach, FL 33444
(Phone. 561-243-7000), hereby agree that the Seller shall sell and Buyer shall
buy the following described Real Property and Personal Property (collectlve!?
"~") upon the following terms and conditions, which INCLUDE the Standards
for Real Estate Transactions ("~,L~") on the reverse side hereof or
at=ached hereto and r~ders and any addenda uo th~s Contract for Sale and Purchase
DESCRIPTION:
(a) Legal descripclon of the Real Property located in Palm Beach County,
F!orlda:
Loc 47, Repla= of Pa-- of Breezy Ridge Estates, according =o the map
or plat thereof as ecorded in P!ac Book 24, Page 116, Public
Records of ~alm Beach iounty, Florida
Property Control No.:12-43-46-1~-02-000-0470
(b) Stree~ address, city, zlp, of the Property Is: 28 NW 24ch Avenue,
Delray Beach, Florlda
II. PURCHASE PRICE:
PAYMENT:
(a)
Deposlt(s) paid wlthin three (3)
business days following the Effective
Da~e of =his Con:rac~, to be
held in escrow by Robert w. Feders9ie!,
P.A. Trust Account in the amount of
$ 1,000.00
(b)
Balance to close (U.S. cash, attorney =rust
accoun~ check, LOCALLY DRAWN certified or
cashier's check, or wire transfer) subject ~o
adjustments or proration
Total $188,500.00
III.
IV.
TIME FOR ACCEPTANCE; EFFECTIVE DATE; FACSIMILE: If ~h~s offer is no=
executed by and dellvered co all partles OR FACT OF EXECUTION communicated
In writing between =he Dar=les prior uo such offer being wi%hdrawn by the
first party slgnlng, the deposlu(s) w!ll, a~ Buyer's option, be returned
and th~s offer w~thdrawr.. The da~e of Con=racu ("~ff~c~ve Da~e") w~l! be
the la=er of the dace when the last one of the Buyer and the Seller has
signed th~s offer or uhe da~e ~he Cl~y Commlss!on of ~he City of Delray
Beach approves =his Con~ract A facs~mlle copy of =his Con~ract and any
s~gnatures uhereon shall be cons!dered for all purposes as orlg~na!$.
TITLE EVIDENCE: AC leasu 30 days from ~he effective da=e, (CMECK ONLY
ONE) ~Seller shall, a~ Seller's expense, de!fret zo Buyer or Buyer's
attorney; OR ~Buyer shall ac Buyer's expense obcaln (CHECK ONLY ONE)
Oabscrac~ of title or 'title ~nsurance commltmenc (wlch legible copies
of instruments listed as exceptions attached thereto) and, after closlng,
an owner's policy of ~ltle insurance
CLOSING DATE: This transaction shall be closed and the warranty Deed and
ocher closing papers delivered o~ the fourth Wednesday followzng the
expzrat~on of ~he feaslbzli~y study period as provided for in Sectzon
XI(A), unless modified by other provisions of Con~ract.
RESTRICTIONS; KASEMIgNTS; LIMITATIONS: Buyer shall take title sub3ect ~o
comprehensive land use plans, zoning, restrlctlons, prohlbl=~ons and other
requiremencs ~mposed by governmental authority; rescr~culons and matters
appearing on the plac or ocherwlse common co the subdivision; public
utility easements of record (easements are to be located conclguous uo
Real Property lines and not more than 10 feet in width as to the rear or
front lines and 7-1/2 fee~ _n width as Co the side lines, unless otherwise
stated herein); taxes for ~ar of c!os~ng and subsequent years; assumed
mortgages and purchase mone~ ~or~gages, If any (If add~ona! i~ems, see
addendum); provided ~ha~ ~here exists at closlng no v!o!a~lon of ~he
foregoing.
vii.
OCuumANCY: Seller warrants there are no part~es in occupancy other than
Seller. Seller shall deliver occupancy of Proper~y co Buyer at Z~me of
closing unless otherw!se stated here~n. If occupancy is to be delivered
before c!oslng, Buyer assumes all rlsk of loss to Propercy from dace of
occupancy, shall be responsible and liable for maintenance from chac date,
and shall be deemed to have accepted Proper~y ~n its ex!sting condltlon as
of time of taking occupancy unless o~herwlse sca~ed herein.
VIII. TYPEWRITTEN OR F~%NDWRITTEN PROVISIONS: Typewrltten or handwritten
provisions, riders and addenda shall con~ro! all prln~ed provislons of
~h~s Con, tach in conflict with ~hem.
IX.
ASSIGNABILITY: (CHECK ONLY ONE): Buyer (!) · may assign and ~hereby be
released from any further liability under ~his Contract; Omay assign buc
no~ be released from l~ab~!Icy under th~s Contract; or ~may no~ assign
~h~s Con~ract.
XI.
DISCLO SUI~ES:
(a) Radon
(b)
· s a naturally occurring radioactive gas :hat, when
accumulated in a building in suff!clen~ quantities, may present
health r~sks to persons who are exD. osed to it over z~me. Levels of
radon tha~ exceed federal and s~a~e guldel~nes have been found in
buildlngs in Florida. Add~tlona! information regarding Radon or
Radon testing may be obualned from your County Public Hea!sh unI~.
Buyer may have determined the energy efficiency rating of the
residential building, ~f any is ioca~ed on the Real Property
SPECIA/~ CLAUSES; ADDENDA: if additional terms are to be provlded,
attached addendum and CHECK HERE ~.
CITY OF DELRAY BEACH
By:
Tax ID No. 59-6000308
Date
Del~osic(s) under P&ragral~h II (a) received; IF OT~ER TFJLN CASH, T~-~N SUBJECT TO
CLF2%RANCE: ROBERT W. FEDERSP[EL, P.A.
By:
AJ~DW-I~D~IM TO COITrRACT FOR SAL~- A/FD PUI~CF~ASW-
SELLER:
WAGNER VELOSO, a married man
BLrYER:
CITY OF DELP~Y BEACH, a Florida municipal corporation
PROPERTY ADDRESS:
28 NW 24Th Avenue, Delray Beach, FL 33445
XI. SPECIAL CLAUSES; ADDENDA (Continued) :
A. The Buyer shall have twelve (12) business days following the approval
of chis contract by the City Commlss~on as sec forth in ~r~_~_. below wl~hln
which to conduce any and all feasibility studies and decermlnac!ons relative to
the sultablll~y for the acquisition of the subject property by the Buyer and ~he
Buyer reserves the express right to terminate thls Contract aC any C~me during
said per~od for any reason or no reason, in Buyer's sole discretion, whereupcn
Buyer shall receive a full refund of all deposit monies paid hereunder. Buyer
shall be granted reasonable access to The premises uo conduc= such feaslbi!luy
studies and determinations, itr!udlng environmental assays, core drilling,
surveys, soil sampling and ouhe~ ~uch Testing.
B. This Contract Is expressly conTingenT and conditioned upon the
approval of =he same by the ClOy Commission of the ClOy of Delray Beach wi~hln
flf~een (15) business days from ~he date the Seller signs ~his Contract, and This
Con=race shall e~cpress!y not be deemed an "offer" by The Buyer for any purpose
unless and until the said City Comm!sslon shall have approved and accepted said
Con~ract in open session. If this Contrac~ is not approved by ~he C~ty
Commission of the City of De!ray Beach wluhln fifteen (15) business days from the
da:e the Seller signs this Ccn~racu, ~hen thls Contract will be null and void and
of no fur=her force or effect.
C. This purchase is in lieu of eminent domain. The parties believe Chat
=his transaction is exempt from documentary scamp tax pursuant =o Fla. Adm~n.
Code Ann. r. 12B-4.013, however in the event ~he obllga=ion for documentary stamp
tax is determined and assessed, the Seller agrees to be responsible for ~he same
and To indemnify, save, and hold The Buyer harmless for such ~axes.
D. Early Closing: Notwithscandlng the provisions sec forth in Section V
of the Contract, Sellers elec~ ~o close fifteen (15) business days following ~he
date of delivery To ~he Buyer of the executed Conzrac~ and a copy of all mortgage
account informatlon relative to any mortgages Seller may have on ~he subject
property.
Seller hereby acknowledges chez They have dela-/ered the executed ConTract for
Sale and Purchase and provlded the mortgage paymen~ information on ch!s~ day
of m'~<~, , 2002.
IIf you wish =o elect C~Is ear!v closing option, please
initial here:/
E. Purchase Price Adjust. men=: The Buyer hereby agrees that in the event
l~ shall have entered into any vo!unua~¢ contract ou~slde of eminent domain for
=he purchase of another property w~uhln the Breezy Ridge Estates suDd~vls!on
prior ~o the closing of thls purchase and sale and such ocher contract would
provide a purchase price as deflned ~n Article ii of the Con=tact for Sale and
~urchase which is greater than thlrz7 percent (30%) above the appraised value of
such other property according To a bonaflde appraisal acceptable to the Buyer
(~he "O~her Co~Tract") , the Buyer shall increase ~he purchase price for the
property which is the subject of :his Con~rac~ to reflec~ une same percentage
va£1ance above appraised value agreed to se pa~d ~n such Other Conurac~
F. Property Excluded- The followlng appliances, ~mprovemen~s, and
fixtures located in or on c.he subject proper~7 are hereby excluded from ~he sale
and will be removed when we vacate the premises
G. Post-Closing OccuDanc¥- The undersigned Sellers hereby elect
continue ~o occupy the property after closing as a Tenan~ under a lease agreement
wlch the Buyer co be signed ac c'~$1ng ~n form subs~anclally as aczached hereto,
which lease w%l! provide for the _.gh~ co occupy the premises until November
2002, ac no reno. Furcher, prov~d~c thac ~n ~he even~ the undersigned Seller has
entered into a lease w~th the School Board of Palm Beach County on or prior
November l, 2002, which lease ~s acceptable ~o Che School Board of Palm Beach
County and provides for ~he Se!!er's r!ghz co continue co occupy ~he premises
after ~he conveyance of the property by the Buyer ~o the School Board of Palm
Beach County, the Seller shall have the r~ght to continue occupancy after
November !, 2002 under the lease wlch the Buyer un~! ~he earlier of: December
2002, or the conveyance of the sub3ec~ proper~y by the Buyer co the School Board
of Palm Beach County.
If you wish ~o elect ~h~s pos~?cips~ng occupancy t
option, please ini=ia! here: .~ ~. ~-
M. Reloca=ion Benefi=: The Buyer hereby acknowledges uha~ if ~he
subjec= 9roper~y ls occupied as of the dace of closing, the occupan= will receive
a relocation benefac zn ~he amount of One Thousand Five Hundred Dollars
($1,500.00), =o be paid by the Buyer ~o the occupan~ upon ~he occupan~ vacating
~he sub, ecu proper=y.
BUYER'S INITIALS:
SELLERS' iNITIALS:
STA/TDARDS FOR REAL ESTATE TRANSACTIONS
for=.'..n Toflcra¢: Mafkeca~le :;:lc shall De decerm. ~ned accord=ng =o ag~..ca:le T=:!e Scan~-ar~.s a~op:eO Dy a~or==~' of The
m. S~Y: auye:, ac auyer's expense, w::nLn ::me allowed co de!_ver evidence of :L:le. ~y ~ave Real ?roper:y su~eyed
a ~as~s ~or a mec~an&c's !~en or a claim for da~ges nave been Da~ or w~ll De ~a~d ac clos~ng of CA~s
F. T~. in c~uc~ng :Lme ~erlods of less :nan ~x ,~ ~ays, Sacur~ays. Sundays and scace or nac~oaai lega~ ~o!~days ~nall
exc!uGed ~y :xme Der:o~s ~rovLded for here~n ~h~cn sna.l end on Sa:ur=a7, Sunday or legal hol~day shall excen~ :o 5 00 ~ ~ of
i. SPEC~ ~SES~ L:~S. Cer:Lf:ed, confa~e= and ra::f:e= speclal assess~n: l:ens as of da:e of c!oslng (n:c as of
as co place, rime o~ day and procedures :ct closing an~ fo~ d.sburse~en: o5 mot:gage p~oceeds s~all con:roi over con:racy
ESCR~: ~y esc=o~ agent (-~a~--] cecezv:ng ~un:s o~ e~zvalenc :s auc~or::e~ and agrees by ac:epcance o: :hem :o ~epos::
Arctic ~y depos:c w::n :he clerk of :he c:r~zc c~r: haY:nS ;ur:sd:c::ofl :: :ne d:spu:e Upon noc:~yLng all pa=:~es concerne~
such aC:cOn, ail ::~:l::y ~ :~e par: of ~en: s~!: ~lly :e~:na:e mx:ap: :~ :ne ex:eric of accoun::ng fo~ any ::ems prev:ousLy
m:sdel:ve~ :s ~ue co ~:!l~ul b=eac= o: Con:=ac: or gross ~eglzgence of
preva:isng par:y reasonable ac:o~ey's tees. costs, a~d expenses
Seller as agree~ upon l:~Ldaced =a~ges. consL3eracLon for :ne execuc:on of :mis Contra:= and ~n full ~e::lemenc of any eli:ms.
wnereupoR. Buyer an~ Scl!e: s~l! ~e reliev~ of all ool:ga::ons under Con:rat:. or Seller. ac Seller's op,:on. ~y proceed :n
:o en~or~e Seller's =xghts ~er :~Ls Con:rac~. [~, ~or any reason c:ner :ham ~a:Lure of SeLke: :o ~ke Seller's %Lzle ~rke~a~Le
:o receive cae re:urn of Buyer's depos::{s) w:C~ou: :hereby wa:v=ng any ac:ion for da~ges resulting from Sel!er's
O. CO~ ~ RECO~LE; P~ONS aOX: N~ICE: Ne~:her :n:s Con:rat: nor any not:ce of ~c shall ~e recorde~ :n any
~Y~: Seller s~a!l convey :l:~e Co Real ?roper:y Dy warra~:y deed, susie:: only co ~tcers con:armed ~n ma~aq~a~h
and :~ose o:~e~w:se accep:e~ Dy Buyer ~ersonal aroper:y shall, a: ~e~ues: of 3uyer, De :ransferred by ~ a~solu:e ~ii of sale
R w~Es: Sell~r warrants :no: :mere are no fa:rs ~Ro~ :o Seller ~a:er:ailv offer:inS :he value of :~e Proper:y wn.c~ are
~o: rea=fly oose~aoie ~y Buyer or ,wnacn move no: :een =_sc.ose= :o Buyer
LEASE
T~IS LEASE, is made by and between CITY OF DELRA¥ BEACH, hereinafter
called "Landlord," whose address ~s 100 N.W. First Avenue, Delray Beach,
Florida 33444, and
, hereinafter called "Tenant."
W I TNE S S ET H:
In consideration of the faithful performance of all covenants,
agreements and conditions herein contained, on the part of the Tenant to
be kept, done and performed, the sa~d Landlord does hereby lease to the
Lessee the following described property:
Single family residence _~cated at
· Delray Beach, Florida.
its "as is" condition.
Sazd property to be in
TO HAVE AND TO HOLD the same until November 1, 2002· at no rent.
Further, provided that in the event the Tenant has entered into a lease
with the School Board of Palm Beach County on or prior to November I,
2002, which lease is acceptable to the School Board of Palm Beach County
and provides for the Tenant's right to continue to occupy the premises
after the conveyance of the property by the Landlord to the School Board
of Palm Beach County, the Tenant shall have the right to continue
occupancy after November 1, 2002, under the Lease with the Landlord until
the earlier of: December 1, 2002, or the conveyance of the subject
property by the Landlord to the School Board of Palm Beach County.
NOTICE TO TENANT (Pursuant to Chapter 83, F.S.)
A. Landlord designates SUSAN RUBY, ESQ., of the City Attorneys'
Office, 200 N.W. First Avenue, Delray Beach, FL 33444, as the person
authorized on its behalf to receive all notices and demands of Tenant.
THE TENANT FURTHER COVENANTS AN'D_ AGREES AS FOLLOWS:
1. Not to use or permit to be used the premises for any illegal,
immoral or improper purposes.
2. Not to make or permit any noise, d~sturbance or annoyance
whatsoever detrimental to the premises or to the comfort and peace of
neigh_boring resldents.
3. The parties agree that the premlses, including lawn and
plantings, and pool (~f applicable), shall be continuously maintained ~n
good condition by the Tenant, including but not limited ~o alt
conditioning and heat, appliances and/or app!~ance se~-v~ce contract,
· ncerior pest extermination (~f desired), law~. & plantings, lawn pest
control, building exterior, bulldlng in~erlor, pool and equipment/pool
service, and that the obligation and cost of maintenance shall be borne
by the Tenant.
4. All charges for utilities servlces during the term of this
Lease, including but not lim~ed to electric, telephone, gas/fuel, sewer,
water, and refuse collection, shall be payable by the Tenant.
5. The Tenant assume full and complete risk of loss and injury to
themselves and others which may result from the occupancy of the subject
premises pursuant to thms Lease and in consideratmon of such tenancy, the
Tenant agrees to indemnify, save, and hold the Landlord harmless from any
and all liability, costs, claims, expenses, or damages of whatsoever
nature including defense costs, attorneys' fees, and administrative
COSTS.
6. Tenant shall deliver up possession of the premises at the end
of the term in as good conditlcn as they now are, ordinary wear and tear
excepted; Tenant acknowledges prior inspection of the premises and finds
same to be in good condition except as hereinafter noted.
7. Tenant agrees that Landlord shall have the right, upon
reasonable notice, to inspect the premlses and to show the premises to
prospective Tenants or Purchasers.
8. Tenant agrees to pay the cost of repairing any and all damage
to the premises occasioned by Tenant or any other party during the term
of this Lease, including the cost of removing foreign substances from
=oilers and sinks.
9. Tenant covenants and agrees that the premises shall not at any
time be occupied by more than one family or persons without
written approval of the Landlord.
10. DEFAULT: Tenant's default in the performance of the covenants
and conditions hereunder shall immediately constitute Tenant as a tenant
at sufferance and, in such event, Tenant waives all right of notice to
vacate said premises, and the Landlord shall be entitled to re-enter and
retake possession of the premises immediately and without liability for
such action.
1!. Tenant agrees to pay all court costs and reasonable attorney's
fees which may be paid or incurred by Landlord or Landlord's agent
enforcing the covenants, conditions, agreements and obligations of this
Lease in the event of Tenant's default hereunder.
12. This Lease contains the entire agreement of the parties and
supersedes any and all prior agreements between them. This Lease shall
be binding upon the benefit of the partmes, their Personal
Representatives, successors and assigns.
13. Tenant shall not assign the Lease, or sublet the premises or
any part thereof, or permlt the premises or any part thereof to be used
or occupied by anyone other than Tenant or members of Tenant's immediate
family, without the prior written consent of Landlord.
14. Tenant is hereby prohibited from making any improvements to uhe
subject real property other than pursuant to its repair and maintenance
and obligations as described herein and in the event a Claim of Lien
shall be recorded against the subject property as a result of any of
Tenant's actions and such Lien shall not be discharged of record within
ten (10) days thereafter, the Tenant shall be deemed to be in default
pursuant to the terms of this Lease.
IN WITNESS WHEREOF, the parties hereto have executed this Lease the
day and year first above written.
BY SIGNING THIS RENTAL AGREEMENT THE TENANT AGREES THAT UPON SURRENDER
OR ABANDONMENT, AS DEFINED Bi THE FLORIDA STATUTES, THE LANDLORD SHALL
NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S
PERSONAL PROPERTY.
WITNESSES:
LANDLORD:
AS tO Landlord (2 required)
CITY OF DELRAY BEA~--H
By:
Printed Name:
Title:
As to Tenant (2 required) TENANT:
CONTRACT FOR SA~E AND PURCHASE
PARTIES: JO A. NEWSOME, a single person, ("~"), of 44 N.W. 24th Avenue,
Delray Beach, FL 33445, (Phone: ~6~[ ~-~q~ ), and the CITY OF DELRAY BEACH,
a Florida municipal COrl~oration, ("~d/~"), of 100 N.W. 1st Avenue, Delray Beach,
FL 33444 (Phone: 561-243-7000), hereby agree that the Seller shall sell and Buyer
shall buy the following described Real Property and Personal Property
(collectively "~") upon the following terms and conditions, which INCLUDE
the Standards for Real Estate Transactions ("~") on the reverse side
hereof or attached hereto and riders and any addenda to this Contract for Sale
and Purchase (,'Contract").
DESCRIPTION:
{a) Legal description of the Real Property located in Palm Beach County,
Florida:
Lot 50, Replat of Pa.-t of Breezy Ridge Estates, according to the map
or plat thereof as .ecorded in Plat Book 24, Page 116, Public
Records of Palm Beach County, Florida
Property Control No.:12-43-46-18-02-000-0500
(b) Street address, city, zip, of the Property is: 44 N.W. 24th Avenue,
Delray Beach, Florida
II. PURCHASE PRICE:
PAYMENT:
(a)
Deposit(s) paid within three (3)
business days following the Effective
Date of this Contract, to be
held in escrow by Robert W. Federspiel,
P.A. Trust Account in the amount of
$ 1,000;00
(b)
Balance to close (U.S. cash, attorney trust
account check, LOCALLY DRAWN certified or
cashier's check, or wire transfer) subject to
adjustments or proration
Total
$161.500.00
$162,500.00
III.
IV.
TIX~E FOE ACCEPTANCE; EFFECTI~ DATE; FACSIMILE: If this offer is not
executed by and delivered to all parties OR FACT OF EXECUTION communicated
in writing between the parties prior to such offer being withdrawn by the
first party signing, the deposit(s) will, at Buyer's option, be returned
and this offer withdrawn. The date of Contract ("Effective Date") will be
the later of the date when the last one of the Buyer and the Seller has
signed this offer or the date the City Commission of the City of Delray
Beach approves this Contract. A facsimile copy of this Contract and any
signatures thereon shall be considered for all purposes as originals.
TITLE EVIDENCE: At least 30 days from the effective date, (CHECK ONLY
ONE): ~Seller shall, at Seller's expense, deliver to Buyer or Buyer's
attorney; OR 'Buyer shall at Buyer's expense obtain (CHECK ONLY ONE):
Oabstract of title or 'title insurance commitment (with legible copies
of instruments listed as exceptions attached thereto) and, after closing,
an owner's policy of title insurance.
Vo
CLOSING DATE: This transaction shall be closed and the Warranty Deed and
other closing papers delivered on the 4th Wednesday following the
expiration of the feasibility study period as provided for in Section
XI(A), unless modified by other provisions of Contract.
VI.
REST~ICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to:
comprehensive land use plans, zoning, restrictions, prohibitions and other
requirements imposed by governmental authorlty; restrictions and matters
appearing on the plat or otherwise common to the subdivision; public
utility easements of record (easements are to be located contiguous to
Real Property lines and nt~ more than 10 feet in width as to the rear or
front lines and 7-1/2 feet _ ~ width as to the side lines, unless otherwise
stated herein); taxes for year of closing and subsequent years; assumed
mortgages and purchase money mortgages, if any (if additional items, see
addendum); provided that there exists at closing no violation of the
foregoing.
VII.
OCCUPANCY: Seller warrants there are no parties in occupancy other than
Seller. Seller shall deliver occupancy of Property to Buyer at time of
closing unless otherwise stated herein. If occupancy is to be delivered
before closing, Buyer assumes all risk of loss to Property from date of
occupancy, shall be responsible and lzable for maintenance from that date,
and shall be deemed to have accepted Property in its existing condition as
of time o~ taking occupancy unless otherwise stated herein.
VIII. TI~PEWRITTEN OR F.A~-DW~ITTEN PROVISIONS: Typewritten or handwritten
provisions, riders and addenda shall control all printed provisions of
this Contract in conflict with them.
IX.
ASSIGNABILITY: (CHECK ONLY ONE): Buyer (1) · may assign and thereby be
released from any further liability under this Contract; Omay assign bu~
not be released from liability under this Contract; or ~may not assign
this Contract.
DISCLOS~IRES:
(a) Radon
(b)
is a naturally occurring radioactive gas that, when
accumulated in a building in sufficient quantities, may present
health risks to persons who are exposed to it over time. Levels of
radon that exceed federal and state guidelines have been found in
buildings in Florida. Additional information regarding Radon or
Radon testing may be obtained from your County Public Health unit.
Buyer may have determined the energy efficiency rating of the
residential building, ~f any is located on the Real Property.
XI.
SPECIAL CLAUSES; ADDE~rDA: If additional terms are to be provided,
attached addendum and CHECK HERE '.
CITY OF DELRAY BEACH
By:
Tax ID No. 59-6000308
Da~e
S Oe~'a 1 Security
or Tm ~ No. -0 1
Deposit(s) under Paragraph II (a) received; IF OT~ER TMAN CASH, THEN SUBJECT TO
CLEAI~ANCE: ROBERT W. FEDERSPIEL, P.A.
By:
SELLER:
BUYER:
PROPERTY ADDRESS:
ADDE~TDU~ TO CONTRACT FOR SALE AND PU~CF~ASE
JO A. NEWSOME, a single person
CITY OF DELRAY BEACH, a Florida municipal corporation
44 N.W. 24th Avenue, Delray Beach, FL 33445
SPEC~A~ CLAUSES; ADDE~TDA (Continued):
A. The Buyer shall have twelve (12) business days following the approval
of this contract by the City Commission as set forth in ~ below within
which to conduct any and all feasibility studies and determinations relative to
the suitability for the acquisition of the subject property by the Buyer and the
Buyer reserves the express right to terminate this Contract at any time during
said period for any reason or no reason, in Buyer's sole discretion, whereupon
Buyer shall receive a full refund of all deposit monies pa~d hereunder. Buyer
shall be granted reasonable access to the premises to conduct such feasibility
studies and determinations, inc_ ~ding environmental assays, core drilling,
surveys, soil sampling and other such testing.
B. This Contract is expressly contingent and conditioned upon the
approval of the same by the City Commission of the City of Delray Beach within
fifteen (15) business days from the date the Seller signs this Contract, and this
Contract shall expressly not be deemed an "offer" by the Buyer for any purpose
unless and until the said City Commission shall have approved and accepted said
Contract in open session. If this Contract is not approved by the City
Commission of the City of Delray Beach within fifteen (15) business days from the
date the Seller signs this Contract, then this Contract will be null and void and
of no further force or effect.
C. This purchase is in lieu of eminent domain. The parties believe that
this transaction is exempt from documentary stamp tax pursuant to Fla. Admin.
Code Ann. r. 12B-4.013, however in the event the obligation for documentary stamp
tax is determined and assessed, the Seller agrees to be responsible for the same
and to indemnify, save, and hold the Buyer harmless for such taxes.
D. Early Closing: Notwithstanding the provisions set forth in Section V
of the Contract, Sellers elect to close fifteen (15) business days following the
date of delivery to the Buyer of the executed Contract and a copy of all mortgage
account information relative to any mortgages Seller may have on the subject
property.
Seller hereby acknowledges that they have delivered the executed Contract for
Sale and Purchase and provided the mortgage payment informatzon on this 2,~ day
of I , oo2.
If you wish Co elect this early closing option, please {
initial here: ~ ,
E. ~urchase Price Adjustm~ent: The Buyer hereby agrees that in the event
it shall have entered into any voluntary contract outside of eminent domain for
the purchase of another property within the Breezy Ridge Estates subdivision
prior to the closing of Chis purchase and sale and such other contract would
provide a purchase price as defined ~n Article II. of the Contract for Sale and
Purchase which is greater than thirty percent (30%) above the appraised value of
such other property according to a bonafide appraisal acceptable to the Buyer
(the "Other Contract"), the Buyer shall increase the purchase price for the
property which is the subject of this Contract to reflect the same percentage
variance above appraised value agreed to be paid in such Other Contract.
F. Property Excluded: The following appliances, improvements, and
fixtures located in or on the subject property are hereby excluded from the sale
and will be removed when we vacate the premises:
Att ot\
G. Post-Closing Occupancy: The undersigned Sellers hereby elect to
continue to occupy the property after closing as a Tenant under a lease agreement
with the Buyer to be signed ac ci ~ing in form substantially as attached hereto,
which lease will provide for the :~Fht to occupy the premises until November 1,
2002, at no rent. Further, provided that in the event the undersigned Seller has
entered into a lease with the School Board of Palm Beach County on or prior to
November 1, 2002, which lease is acceptable to the School Board of Palm Beach
County and provides for the Seller's right to continue to occupy the premises
after the conveyance of the property by the Buyer to the School Board of Palm
Beach County, the Seller shall have the right to continue occupancy after
November 1, 2002 under the lease with the Buyer until the earlier of: December 1,
2002, or the conveyance of the subject property by the Buyer to the School Board
of Palm Beach County.
If you wish to elect this post-closing occupancy
option, please initial here: ~-~
H. Relocation Benefit: The Buyer hereby acknowledges that if the
subject property is occupied as of the date of closing, the occupant will receive
a relocation benefit in the amount of One Thousand Five Hundred Dollars
($1,500.00), to be paid by the Buyer to the occupant upon the occupant vacating
the subject property.
BUYER'S INITIALS:
SELLERS' INITIALS:
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. EVIDENCE OF TITLE. (l)An ~]b~rract ~r ~t?)~ prepared or brought current by a reputable and existing abstract f~rm ,if not
existtng then certified as COrrect by an existing fkrm) purporting to be an accurate synopsis of the ~nstruments affect~hr
to Real Property recorded Ln the public records of the county wherein Real Property ks located, through Effect[ye Date lc shall
COmmence with the earliest public records, or such later date as may be customary in the county Upon closing of this Contract, the
abstract shall become the property of Buyer. subject to the r~gnr of retention thereof by first m~rtgagee until fully pa.d {2'
only to liens, encumbrances, exceptions or qualification provided ~n this Contract and those which shall be discharged b7 Seller
forth ~n Contract Marketable title shall be determlned according to applicable Title Standards adopted by authority of The Florida
Bar and In accordance with law Buyer shall have ]0 days ~f abstract, or 5 days. if title commitment, from date of r~celvlng
evidence of title to examxne it. If ~ltle ~s found defectlve, Buyer shall, within ] days thereafter, not~fy Seller ~n
spec~fy%ng ~efec~($) [f the defect(s) render tutle unmarketable, Seller w~ll ~ave 30 days from receipt of ~ot~ce to remove
defect(~), fall&n~ whxch Buyer shall, wz~hln f~ve (5) days after exp~raclon of the th~rty (30) day per~od, del~ver written
Co Seller e~cher (1) extending the C~me ~or a ~easonable per~od ncc ~o exceed 120 days w~chln which Seller shall use d~l~gen: effort
%o re.ye the defects, or (2)re~esC~ng a refund of deposit(s) pa~d ~n~ch s~all ~mmed~ately be returned ~o Buyer If Buyer fa~ls
~o so noc~fy Seller, Buyer shall be deem~ to have acc~o~ed ~he ~tle as ~c ~hen ~s Seller shall, ~f title is found un~r<e~able,
use d~ligen~ effort to correct defect(s) ~n title w~ the ~me provided therefor If Seller ~s unable co c~mely correc~ the
de~ects. Suyer s~ll e~ther waive the defects, or receive 3ef~d of depos~(s), ~ereby releasing Buyer and Seller f~om ail further
obl~a~%on un,er ~h~s Contract
B. S~Y: Buyer, at Buyer's expense, w~h~n ~me allowed ~o del~ver evidence of tl~Ie, ~y have Real Property su~eyed and
certl~ed by a r~s=ered Florida su~eyor If 5he su~/ey discloses e~croachments on the Real Property or that ~rovements located
governme~=al regulation, ~he same shall constitute a =~le defect
C. ~S~ ~SS: Seller warrants and represent~ that there ~s ingress and egress ~o the Real Property sufflc~en~ for the
D. LI~S: Seller s~ll ~u~lsh ~o Buyer at ~:me of closing an aff~davl~ attest~ to the absence, unless o~herw~se pcov:~ed for
herein, of any fznanc~ng s~ate~nts, claims of l~en or potential t~enors kno~ to Seller and further attesting ~a~ t~ere have been
no ~rove~n~s or repairs to Property ~or 90 days ~edla~ely preceding date of c~oslng If Property has been ~roued, or
wz~h~n ~ ~1~, Seller shall deliver releases or walvers of mechanics' l~ens executed by all ~eneral con,racoons.
suD~llers, an~ ~erza~men in addition to Seller's l~en aff~davlc set:lng forth the names of all such general contractors,
s~con~ractors, su~llers and ~er~almen and further affixing ~ha~ all charges for %~rovemen~s or repairs whlch could ~e~;e as
a bas~s for a mec~nlc's l~en or a claim for da~ges ~ave bee~ pa~d or w~ll be pa~d ac closing of t~s Concrac~
· . ;~ OF C~SZ~ C!os~ng shall be held ~n ~ne county where Real Property ~s located, a~ ~he off,ce of ~he a:~orney :f the
Buyer
· . T~: In co~ut~n~ :~me perzods o~ less ~han s:x (6) days, Saturdays, ~undays ~nd state or national legal holidays snail be
excluded ~y t~me perxods ~rov~ded for here~n wn~c~ shall end on Saturday. Sunday or legal holiday shall extend ~o 5.00 p m. of
G. ~ ~R ~OS~G: Buyer shall fu~zsh deed, o~er'~ possession affldav~, correct,ye ~nst~men~s, and closing s~acemen~
H. EX~SES~ Recordlng of correc=~ve inst~ments shall be paid by Seller, recordlng of deed shall be bald by Buyer Unless
otherwise provided by law or r~der =o =h~s Con~rac~. charges for the following related t~tle se~lces, namely ~le or acs=tact
c~rge, c~=le e~mlna=lon, a~ se~tl~n= and closing fee, shall be paid by =he party re~pons~ble for furnlsh~ng =~e cltle evldence
I. S~CI~ ~SE~ LI~: Cer~f~, conf~ed and ra~:f~ed special assessmen~ l~ens as of ~e of closing (~ot as of Effective
Da:e) are ~o be pald by Seller Pending l~ens as of da~e of closing shall be assumed by Buyer If =he ~m~rovemen= has been
s~scanc~ally completed as of Effective Dace, any pending i:en shall be considered as certified, conf~rmed or ra~f=ed and Seller
s~all, ac ctoslng, be charged an amoun~ e~ai 5o the last esthete of assessment for c~e ~rovemen= Dy t~e public body
J RISK OF ~SS: [f =he Proper~y ls de.ged by flre or other casualty before closing and cos~ of rescoratlon does ncc exceed
of the assessed value=ion of the Property so damaged, cost of restoration s~all be an obligation of ~he Seller and closzng shall
K PRO.EPS OF BALE; CLOS~G ~RO~D~E: The deed shall be recorded upon clearance of funds If an abstract of t~cle has seen
~uld render Seller's z~tle ~rketabfe from ~ne ~aze of the last evidence {ll closing proceeds shall be held ~n escrow by Seiles's
attorney or other mutually acceptable escrow agen~ 5or a per~od of ao~ more %hen 5 days a~ter ctos~ng dase If Seller's ~%le
rendered un~rketable, through ~o faul= of Bu/er, Bu/er shat!, w~chln the 5 day per~od, notify Seller ~n wrlzlng of the defect and
Seller s~all have 30 days ~rom dace o~ rece:p5 ~f =:c~ ~otlf.ca~:on zo cure abe defec~ If Seller fa~ls to c.me~/ cure the
~1[ ~epos[t(s) shall, upon wrttten ~emand by Buyer a~d ~[thtn $ days ~[~er demand, be returned to 8~ye~ ~nd simultaneously ~[t~ such
repayment, Buyer shall return Personalty and vacate Real Property and reconvey the Property tO Seller oy special ~urrant/ deed and
bill of sale rf Buyer falls to make timely demand for ~efund, Buyer shall take title as ts, waiving all rLghts against Seller as
to any intervening defect except as may be available to Buyer by virtue of warranties contained tn the deed or btll of safe [~ a
portion of the purchase pr[ce [s to be derived from ~nstitu~lonal financing or refinancing, ~equlremencs of the Lending
as to place, time of day and procedures for closing, and for disbursement of mOrtgage proceeds shall control over contrary provision
l. th%S Contract Seller shall have the rlght to require from the lending institution a written co~[tment chat ~C will not withhold
disbursement of mortgage proceeds as a result of any title defect attr%butable to Buyer-mortgagor The escrow and closing procedure
required by this Standard may be waived if title agent insures adverse matters pursuant to Section 627 7841, F S , as amended
L. ESCROW: Any escrow agent (..Aq.n~-) receiving funds or equivalent is authorized and agrees by acceptance of them to deposit
them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of Contract
Failure of clearance of funds shall not excuse Buyer's performance [f in doubt as to Agent's ducles Or liabilities under the
provisions Of Concract, Agent may, at Agent's opt%on, continue to hold che subject mat~er of ~he escrow until the parties hereto
agre~ to [ts disbursement, or until a judgment of a court of competent JUriSdiction shall determine the rights of the parties or
Agent may deposit wxth the clerk of the circuit court having ]urlsdlculon of the dispute Upon no=lfyIng all parties concerned of
such action, all llab~lity on the part of Agent shall fully terminate, except co the extent of accounting for any items prevlously
delivered out of escrow If a licensed real estate broker, Agent will comply w[ch provisions of Chapter 475, F S , as amended Any
suit between Buyer and Seller where Agent IS made a party because of acting as Agent hereunder, or in any suit where~n Agent
[nterpleads the subject matter of the escrow, Agent sh~l! recover reasonable attorneys' fees and costs incurred wl~h chase amounts
to be ~ald from and out of the escrowed funds or equlva_ - and charged and awarded as court costs in favor of the prevailing party
The Agent shall not be l~able to any party or person for -.3/ellvery ~o Buyer or Seller of items subject to this escrow, unless such
m[sdelivery [s due to wxllful breach Of Contract or gross negligence of Agent
M. ATTO~ F~S; COSTS: In any llclgatlon, including breach, enforcement or interpretation, arlslng out of th=s Contract, the
prevallLng party in such lltzgac[on which, for the purposes of ~h[s Standard, shall include Seller, Buyer, and any brokers acting
in agency or nonagency relatlonsh~ps authorlzed by Chapter 475, F S , as amended, shall be entitled ~o recover from the non-
prevailing party reasonable attorney's fees, costs, and expenses
N. FAILt~RE OF PERFORMANCE: [f Buyer fa~ls to perform th~s Contract w~th~n the time specified (~ncludlng pay~en~ of all
deposlt(s)), the deposl=(s) paid by Buyer and deposlt(s) agreed ~o be paid, may be recovered and retained by or for the account of
Seller as agreed upon liquidated damages, conslderat%on for the execution of t~[s Contract and in full settlement of any claims,
whereupon, Buyer and Seller shall be relieved of all obligations under Contract, or Seller, at Seller's option, may proceed in equity
~o enforce Seller's rlghts under this Contract If, for any reason other ~han failure of Seller to make Seller's title marketable
after d[l[gent effort, Seller falls, neglects or refuses to perform chis Contract, the Buyer may seek specific performance or elect
to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller s breach
O. CONTRACT NOT RECOUPABLE; PERSONS SOUND; NOTICE: Neither this Contract nor any notice of it shall be recorded in any public
records This Contract shall hind and inure to the benef[~ of the parties and their successors in ~nterest Whenever =he context
permits, singular shall include plural and one gender shall include all Notice glven by or to the attorney for any party shall be
as effective as [f given by or to that party
P. CONI/EYANCE~ Seller shall convey title to Real Property by warranty deed, BuD]ecl only to matters contained in ~a~aq~a~h VT.
and those ocherwlse accepted by Buyer ~erso~al Property shall, at request of Buyer, be transferred by an absolute bill of sale
warranty of t~tle, subject only co such matters as may be otherwise provided for herelm.
Q. OT~E~ A(~.E~4ENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included
=bls Contract No modlflcatlon or change in thls Concract shall be valid or binding upon the parties unless [n wrltlng and executed
by the party or parties [ntended to be hound by [t
R. WARRANTIES: Seller warrants that there are no facts ~own ~o Seller materlal!y affecting the value of the Property whlch are
no~ readily observable by Buyer Or which have hOC seen dlsc!ose= ~o Bu?er
THIS LEASE, is made by and between CITY OF DELRAY BEACh, hereinafter
called "Landlord," whose address is 100 N.W. First Avenue, Delray Beach,
Florida 33444, and ~o ~dF~O~
, hereinafter called "Tenant."
W I T N E S S E T H:
In consideration of the faithful performance of all covenants,
agreements and conditions herein contained, on the part of the Tenant to
be kept, done and performed, the said Landlord does hereby lease to the
Lessee the following described property:
Single family residence _3cared at ~ ~0~J ~q ~V~_~
, Delray Beach, Florida. Said property to be in
its "as is" condition.
TO HAVE AND TO HOLD the same until November 1, 2002, at no rent.
Further, provided that in the event the Tenant has entered into a lease
with the School Board of Palm Beach County on or prior to November 1,
2002, which lease is acceptable to the School Board of Palm Beach County
and provides for the Tenant's right to continue to occupy the premises
after the conveyance of the property by the Landlord to the School Board
of Palm Beach County, the Tenant shall have the right to continue
occupancy after November 1, 2002, under the Lease with the Landlord until
the earlier of: December 1, 2002, or the conveyance of the subject
property by the Landlord to the School Board of Palm Beach County.
NOTICE TO TENANT (Pursuant to Chapter 83, F.S.)
A. Landlord designates SUSAN RUBY, ESQ., of the City Attorneys'
Office, 200 N.W. First Avenue, Delray Beach, FL 33444, as the person
authorized on its behalf to receive all notices and demands of Tenant.
THE TENANT FURTHER COVENANTS AND AGREES AS FOLLOWS:
1. Not to use or permit to be used the premises for any illegal,
i~oral or improper purposes.
2. Not to make or permit any noise, disturbance or annoyance
whatsoever detrimental to the premises or to the comfort and peace of
neighboring residents.
3. The parties agree that the premises, including lawn and
plantings, and pool (if applicable), shall be continuously maintained in
good condition by the Tenant, including but not limited to air
conditioning and heat, appliances and/or appliance service contract,
interior pest extermination (if desired), lawn & plantings, lawn pest
control, building exterior, building interior, pool and equipment/pool
sec'vice, and that the obligation and cost of maintenance shall be borne
by the Tenant.
4. Ail charges for utilities services during the term of this
Lease, including but not limted to electric, telephone, gas/fuel, sewer,
water, and refuse collection, shall be payable by the Tenant.
5. The Tenant assume full and complete risk of loss and injury to
themselves and others which may result from the occupancy of the subject
premises pursuant to this Lease and in consideration of such tenancy, the
Tenant agrees to indemnify, save, and hold the Landlord harmless from any
and all liability, costs, claims, expenses, or damages of whatsoever
nature including defense costs, attorneys' fees, and administrative
COSTS.
6. Tenant shall deliver up possession of the premises at the end
of the term in as good condition as they now are, ordinary wear and tear
excepted; Tenant acknowledges prior inspection of the premises and finds
same to be in good condition except as hereinafter noted.
7. Tenant agrees that Landlord shall have the right, upon
reasonable notice, to inspect the premises and to show the premises to
prospective Tenants or Purchasers.
8. Tenant agrees to pay the cost of repairing any and all damage
to the premises occasioned by Tenant or any other party during the term
of this Lease, including the cost of removing foreign substances from
toilets and sinks.
9. Tenant covenants and agrees that the premises shall not at any
time be occupied by more than one family or persons without
written approval of the Landlord.
10. DEFAULT: Tenant's default in the performance of the covenants
and conditions hereunder shall immediately constitute Tenant as a tenant
at sufferance and, in such event, Tenant waives all right of notice to
vacate said premises, and the Landlord shall be entitled to re-enter and
retake possession of the premises immediately and without liability for
such action.
11. Tenant agrees to pay all court costs and reasonable attorney's
fees which may be paid or incurred by Landlord or Landlord's agent
enforcing the covenants, conditions, agreements and obligations of this
Lease in the event of Tenant's default hereunder.
12. This Lease contains the entire agreement of the parties and
supersedes any and all prior agreements between them. This Lease shall
be binding upon the benefit of the parties, their Personal
Representatives, successors and assigns.
13. Tenant shall not assign the Lease, or sublet the premises or
any part thereof, or permit the premises or any part thereof to be used
or occupied by anyone other than Tenant or members of Tenant's immediate
family, without the prior written consent of Landlord.
14. Tenant is hereby'prohibited from making any improvements to the
subject real property other than pursuant to its repair and maintenance
and obligations as described herein and in the event a Claim of Lien
shall be recorded against the subject property as a result of any of
Tenant's actions and such Lien shall not be discharged of record within
ten (10) days thereafter, the Tenant shall be deemed to be in default
pursuant to the terms of this Lease.
IN WITNESS WHEREOF, the parties hereto have executed this Lease the
day and year first above written.
BY SIGNING THIS RENTAL AGREE~'ENT THE TENANT AGREES THAT UPON SURRENDER
OR ABANDONMENT, AS DEFINED BY tHE FLORIDA STATUTES, THE LANDLORD SHALL
NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S
PERSONAL PROPERTY.
WITNESSES:
LANDLORD:
As to Landlord (2 required)
CITY OF DELRAY BEACH
By:
Printed Name:
Title:
As to Tenant (2 required) TENANT:
CONTRACT FOR SALE AND PURCHASE
PARTIES: THERESA ~CCLAM, & single person, ("Seller"), of 323 Montlieu Avenue, High
Point, NC 27262, (Phone:.2,~/~-~b-~77 /_ ), and the CIT~ OF D~
a Flori~ --,~~ co~ra~on,~------("Buyer"),~f 100 N.W. 1st Avenue, Delray Beach,
FL 33444 (Phone: 561-243-7000), hereby agree that the Seller shall sell and Buyer
shall buy the following described Real Property and Personal Property
(collectively "Property") upon the following te~ and conditions, which INCL~E
the Standards for Real Estate Transactions ("Standard(s)") on the reverse side
hereof or attached hereto and riders and any addenda to this Contract for Sale
and Purchase ("ConD~act") .
DESCRIPTION:
(a) Legal description of the Real Property located in Palm Beach County,
Florida:
Lot A portion of Plat of Temple Sinai of Palm Beach
County as recorded l? Plat Book 46, Page 53, being more
particularly describu~ as follows:
Beginning at the intersection of the South Right-of-Way
line of N.W. 2nd Street and the East line of the above
mentioned Plat; thence South along said East line a
distance of 100.00 feet; thence South 30"27'30" West,
along the East line of said Plat a distance of 118.36
feet; thence North 12°56'38'' West, a distance of 89.30
feet; thence North a distance of 66.01 feet to an
intersection with a curve to the left; thence Easterly
and Northeasterly a distance of 72.00 feet along the arc
of said curve having a radius of 50.00 feet and a
central angle of 82"36'44" to a point of reverse curve;
thence Northeasterly a distance of 29.77 feet, along the
arc of said curve having a radius of 24.00 feet and a
central angle of 71°04'31`' to the Point of Beginning.
Property Control No.: 12-43-46-18-28-001-0020
(b) Street address, city, zip, of the Property is: 2420 N.W. 2nd Street,
Delray Beach, Florida
II. PURCHASE PRICE: $120~000.00
(a)
Deposit(s) paid within three (3)
business days following the Effective
Date of this Contract, to be
held in escrow by Robert W. Federspiel,
P.A. Trust Account in the amount of
$ 1,000.00
(b)
Balance to close (U.S. cash, attorney trust
account check, LOCALLY DRAWN certified or
cashier's check, or wire transfer) subject to
adjustments or proration
Total
$119,000.00
$120,000.00
III.
TI~4E FOR ACCEPTANCE; ~'=CTIVE DATE; FACSIMILE: If this offer is not
executed by and delivered to all parties OR FACT OF EXECUTION communicated
in wrltlng between the parties prior to such offer being withdrawn by the
first party signing, the deposit(s) will, at Buyer's option, be returned
and this offer withdrawn. The date of Contract ("EffectIve Date") will be
the later of the date when the last one of the Buyer and the Seller has
signed this offer or the date the City Commission of the City of Delray
Beach approves this Contract. A facsln~le copy of this Contract and any
signatures thereon shall be considered for all purposes as originals.
TITLE EVIDENCE: At least 30 days from the effective date, (CHECK ONLY
ONE): ~Seller shall, at Seller's expense, deliver to Buyer or Buyer's
attorney; OR ·Buyer shall at Buyer's expense obtain (CHECK ONLY ONE):
[]abstract of title or ·title Insurance commitment (with legible copies
of instruments listed as exceptions attached thereto) and, after closing,
an owner's policy of title insurance.
CLOSING DATE: This transac-Lon shall be closed and the Special Warranty
Deed and other closing papers delivered on the 4th Thursday following the
expiration of the feasibility study period as provided for in Section
XI(A), unless modified by other provisions of Contract.
RESTRICTIONS; E~~S; LIMITATIONS: Buyer shall take title subject to:
comprehensive land use plans, zoning, restrictions, prohibitions and other
requirements imposed by governmental authority; restrictions and matters
appearing on the plat or otherwise common to the subdivision; public
utility easements of record (easements are to be located contiguous to
Real Property lines and not more than 10 feet in width as to the rear or
front lines and 7-1/2 feet in width as to the side lines, unless o~herwise
st&ted herein); taxes for year of closing and subsequent years; assumed
mortgages and purchase money mortgages, if any (if additional items, see
addendum); provided that there exists at closing no violation of the
foregoing.
OCCUPANt: Seller warrants there are no parties in occupancy other than
Seller. Seller shall deliver occupancy of Property to Buyer at time of
closing unless otherwise stated herein. If occupancy is to be delivered
before closing, Buyer assumes all risk of loss to Property from date of
occupancy, shall be responslble and liable for maintenance from that date,
and shall be deemed to have accepted Property in its existing condition as
of time of taking occupancy unless otherwise stated herein.
VIII. TXPEWRI-~-r~ OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
provisions, riders and addenda shall control all printed provisions of
this Contract in conflict with them.
ASSIG~ABILITX: (CHECK ONLY ONE): Buyer (1) · may assign and thereby be
released from any further liabIlity under this Contract; []may assign but
not be released from liability under this Contract; or ~may not assign
this Contract.
Xo
DISCLOSURES:
(a) Radon is a naturally occurring radioactive gas that, when
accumulated in a building in sufficient quantities, may present
health risks to persons who are exposed to it over time. Levels of
radon that exceed federal and state guidelines have been found in
buildings in Florida. Additional information regarding Radon or
Radon testing may be obtained from your County Public Health unit.
(b) Buyer may have determined the energy efficiency ratlng of the
resldentlal building, if any ls located on the Real Property.
SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided,
attached addendum and CHECK HERE ..
CITY OF DELRAY BEACH
By:
Tax ID No. 59-6000308
Date
Theresa McClam Date
Social Security
or Tax ID No.
DeposIt(s) under Paragraph II (a) received; IF OTHER THAN CASH, THEN SUBJECT TO
CLEARANCE: ROBERT W. FEDERSPIEL, P.A.
By:
SELLER:
BUYer:
PROPERTY ~DD~ESS:
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
THERESA McCLAM, a single person
CITY OF DELRAY BEACH, a Florida municipal corporation
2420 N.W. 2nd Street, Delray Beach, FL 33445
SPECIAL CLAUSES; ADDENDA (Continued):
A. The Buyer shall have thirty (30) days following the approval of this
contract by the City Commission as set forth in ~ below within which
to conduct any and all feasibility studies and determinations relative to the
suitability for the acquisition of the subject property by the Buyer and the
Buyer reseL-ves the express right to terminate this Contract at any time during
said period for any reason or no reason, in Buyer's sole discretion, whereupon
Buyer shall receive a full refund of all deposit monies paid hereunder. Buyer
shall be granted reasonable accezs to the premises to conduct such feasibility
studies and determinations, inc_'Iding environmental assays, core drilling,
surveys, soil sampling and other such testing.
B. This Contract is expressly contingent and conditioned upon the
approval of the same by the City Commission of the City of Delray Beach within
thirty (30) days from the date the Seller signs this Contract, and this Contract
shall expressly not be deemed an "offer" by the Buyer for any purpose unless and
until the said City Commission shall have approved and accepted said Contract in
open session. If this Contract is not approved by the City Commission of the
City of Delra¥ Beach within thirty (30) days from the date the Seller signs this
Contract, then this Contract will be null and void and of no further force or
effect.
C. This purchase is in lieu of eminent domain. The parties believe that
this transaction is exempt from documentary stamp tax pursuant to Fla. Admin.
Code Ann. r. 12B-4.013, however in the event the obligation for documentary stamp
tax is determined and assessed, the Seller agrees to be responsible for the same
and to indemnify, save, and hold the Buyer harmless for such ~axes.
BUYER' S INITLALS:
SELLERS' INITIALS:
STA~S FOR REA~ ESTATE T!~-~NSACTIONS
A. EVIDENCE OF TITLE' (1)An ab~rac~ of ~]~ prepared or brought current by a reputable and existing abstract firm (if not
exlst%ng then certif~ed as correct by an exlstlng firm) purportIng to be an accurate synops~s of the ~nstruments affectlng title
to Real Property recorded ~n the public records of the county where~n Real Property is located, through Effective Date. It shall
CO~nce w%th the earlxes~ p~lLc reco~, or such later ~ce ae ~y be ~sto~ ~n the county. U~n clos%ng of thls Contract, the
aDstract s~ll ~co~ the pro~y of Buyer, s~]ecc to the r~ght of retentlon thereof by f~rst ~r~gagee unt&l fully pald.
only to ILens, enc~rances, excepCxo~s or ~ailfAcatLon provided Ln =bls Co~tract and those which shall be dlscha~ed by Seller
aC or ~fore clovis. Seller s~ll conv~ a ~rke~le t~tle s~]ec~ only to l~ens, encu~rances, exceptions or ~al~f~ca~ons set
fo~h in ~ntract. ~rket~le t&Cle s~ll be dece~n~ accord/ng to appllc~le TL~le St~rds a~pt~ by auchorxty of The FlorL~
Bar and ~n accordance wxth law. Buyer shall ~ve ]0 days, ~f abscrac=, or 5 ~ys, xf tLtle co~tmen=, from ~te of recezv~ng
evLdence of tLtle ~o e~mx~e x~. If txtle ~s fo~ defective, Buyer s~ll, w~th~n 3 days ~hereafter, noilly Seller ~n
specxfy%~ defect(s). If the de,eec(s) render CzCle ~rkec~le, Seller wxll have ]0 days from recexp= of no=Ace ~o re,ye
defect(s}, faxllng whxch Buyer s~l, wxthxm fxve (~} days after ex,Ira=ion of =he =h%rty (30) ~ Derxod, del%ver writ=eh no=%ce
~o Seller ex=her: (1) ex=endAng =he =%~ for a reaso~le ~er%~ n~= to ~ceed 120 ~ys wx=hzn w~zch Seller s~kl use dilzgen= effort
~o re~ve =he defects; or (2)re~est%ng a r~f~d of deDos%~(s) 9a%d whlch s~all %~edla=ely be re~u~ed ~o Buyer. If Buyer fazls
~o so ~tzfy Se~ler, Buyer s~ll be dee~d =o have accepted =he ~z=le as ~= ~hen ~s Seller shall, %f ~l=le %s fo~d ~rke=able,
use dzl%gen= effort =o correct defect(s) ~n =~le w~u. n ~he =%me provided ~erefor If Seller ~s ~able =o =%~ly correct =he
def~=s, ~ye= s~ll ex=her weirs =he defects, or recexve ~ ref~ of denser(s), ther~y releas%ng Buyer ~ Seller fr~all fu~her
obl%ga~Aon unde~ Chzs Con~ract.
B. ~= ~yer, ac Buyer's ~e~e, wL~him ~%~ allowed ~o delzver evxdence of ~le, ~y ~ve Real P~perty su~eyed and
ce~if~ ~ a r~xsce=~ Flori~ ~e~r. If =he su~ discloses enc~ac~cs on the Heal Property or that x~rov~nts located
che=~n enc~c~ on sec~ack 1xnes, ease~ncs, l~ds of others, or vzola~e any res=r%ct~ons, Contracc core,nos or
g~e~n~al r~la=~on, ~he sa~ s~ll consCLcu=e a ~=le defect.
C. ~S ~ ~S: Seller wa~cs ~d represents t~t there ~s ~ngress ~d ~ress =o the Real Property sufficient for the
~n=e~ed use as described xn D,~ph ~. hereof, t&tle to which ~s ~n accordance wxth Standard A.
~. ~: Seller s~ll f~sh ~o ~yer at t~ o~ closx~ ~ aff~davz= attesting =o the ~sence, ~less othe~se provided for
herein, of ~y fl~c~ stetson=s, clal~ of l~en or ~=ential l~enors ~o~ ~o Seller ~d further attesting t~= there have been
no i~nts or re, irs to P~rty for 90 ~ys ~ately ~rec~x~ ~=e of closing. If Pr~e~y ~s be~ ~ved, or repa~r~
wx=hin =~= ti~, Seller s~ll deliver releases or ~vers of ~xcs' l~ens ~e~=ed by all general con=rac~ors, s~con=ractors,
su~p%Aers, a~ ~=er=al~n ~n addxtxon =o Seller's l~en affx~vzt setting forth =he na~s of all such general contractors,
s~on=ractors, supplzers and ~terial~n ~d fu~her affi~ng t~t all charges for x~rove~nts or repairs w~lch could se~e as
a ~sis fo= a ~c~iC's lien or a claxm for ~ges ~ve been ~a~d or wxll be ~a~d at closing of th~s Con=rat=.
E. ~ OF ~S~ Closing s~ll be held in =he co~ty where Real Property ~s located, aU the offzce of =he atto~ey of the
Buyer.
P. ~: In c~=lng t~ perz~s of lees t~ six (6) days, Satur~ys, S~days ~d state or ~=xo~l l~al ~l~ys 9~11 be
~1~. ~y =1~ ~erxods ~rovxd~ for herein which shall end on Sa=ur~y, S~day or l~al holiday s~ll ~=end ~o S:00
~. ~ ~R ~$~: Buyer s~ll fu~sh d~, o~er's ~ssessxon a~f~v~=, correct,ye ~nsn~n=s, and closing
H. ~SES: Recording of corr~tLve instants shall be paLd ~ Seller; recordxng of de~ shall be paid by Buyer. Unlesa
othe~se provided ~y law or rxder ~o =bLs Con=rat=, c~rges for =he followzng related =Ltle sexless, ~mely =ztle or ~s=rac=
c~e, t~tle ~Cxon, ~ sec~l~nt and closLng fee, s~ll be pa~d by =he 9a~y responsible for fu~&shzng =he t~=le evidence
I. SP~ ~S~ h~: CertLfled, confz~ ~d ra=lfL~ special assess~n= l~ens as of ~=e of closzng (noc as of E~fec=~ve
Dace) are to be paid by Seller. Pendxng l&ens as of dace of closing shall be assu~d by Buyer. If the z~rovement has been
s~sc~=~ally co~le=ed as of Effective Dace, any 9endxng l~en shall be cons%dered as cer=~f~ed, confz~ed or ratLf~ed and Seller
s~ll, a= closLng, be c~ed an a~= e~al =o the last esC=~te of assess~nc for ~he ~rove~nC by ~he p~lLc body.
J. RI~ OF ~SS: If ~he ~rope~y Ls ~ by fire or ocher casualty before closing and cos~ of restoration does no= exceed
of =he assessed valuation of =he Property so ~ged, cost of res=oration shall be ~ ob~gac~on of ~he Seller ~d closing s~ll
~ pursuit ~o the =e~ of Contract wxCh resCora=Lon costs escrowed a= closing If the cosC of rescoraclo~ exceeds 3% of
asmes~ valua=%on of the ~r~nCs so ~g~, ~yer s~ll ~ve =he option of e~uher ~ng P~pe~y as Ls, =~e=her wLth
=he ]% or any ~nsurance proceeds pay~le by vLr~ue of such loss or da~ge, or of canceling Con=tact ~d rece~vzng recu~ of
K. PR~S OF S~; ~S~G PR~ The deed s~ll be recorded u~n clearance o~ funds. If an ~s=rac~ of ~=le has been
~ld render Seller's ~=!e ~rke=~le fr~ ~he ~=e o~ the las= evidence. Ail closing 9r~e~s s~ll be held ~n escrow by
at~o~e~ or o~her ~ual~y accep=~le escrow ~g~= for a per=~ of ~ot ~re ~han ~ ~ys after c~os=ng ~e. If Seller's ~=le
=~er~ ~rke~le, =~ough no ~aul= o~ Buyer, 8u~er s~ll, within the 5 day ~er~. no=~fy Seller ~n writing of =he defec= and
Seller s~l~ ~ve ~0 da~s ~m da=e of rece~ of such modification =o cure the de~ect ~f Seller fa~ls to ~e~y cure ~he defec=,
all deposit(s) shall, upon wrxcten demand by Buyer and wlthan 5 days after demand, be returned to Buyer and szmultaneousL/ wkck
repayTflent. Buyer shall retur~ Personalty a~%d vacate Real Property and reconvey the Property to Seller by specaal warranty deed and
ball of sale £f Buyer falls to make tamely demand for refund, Buyer shall take t~tle as ~s, walvlmg all rlghts against Seller as
co any ~nte~en%ng defect except as ~y be available to Buyer by v~rtue of warrant~es contained ~n the deed or b~ll of sale. If a
~xon of the ~rc~se price Is to ~ derxv~ fr~ %nstitutzo~l fi~cxng or ref~nc~ng, re~Are~nts of the le~ng ~nst~tu~o~
as Co place, ti~ of ~y ~ pr~ures for closi~, ~ for dis~rse~nC of ~gage 9r~e~s s~ll contel over contra~ prov~slon
~n thxe Con=ract. Seller s~ll ~ve the rxght to ~re fr~ the le~x~ institucLon a ~ltten c~t~n= t~t ~= w~ll not wlC~old
dis~rs~nt of ~rtgage p~ce~s as a result of ~y =itle def~t aCtribut~le ~o Buyer-~gagor The escrow and closLng procedure
r~ir~ by thAs St~dard ~y be waxv~ xf title agent Lnsures adverse ~=ters pursuan~ ~o Section 627.7841, F.S , as a~nded.
L. ~: ~y escrow agent {"aqan~") receiving ~ds or e~zvalent is authorized ~d agrees by acceptance of them to
=hem pr~=ly, hold sa~ %n escrow a~, s~jec= to clearance, dxsburse =hem ~n accordance wxCh ~e~e ~d conditions of Contract
Failure of clearance of f~ds s~l not ~cuse Buyer's ~rfo~nce. If ~n do~c as ~0 ~enC's duC~es or lx~xli=~es ~der
p~visions of Contract, Agent m~, ac Agent's opczon, continue ~o hold =he e~jec= ~==er of the escrow ~=il =he ~rcxes hereto
agree =0 ~ts dxsburse~nc, or un=L1 a ]ud~nC of a court of c~=enc jurxsdxc=~on sha~l dece~ne ~he r~gh=s of =he ~rtxes or
~en= ~y de~si= w~=h the c~erk of the cir~L= c~ ~vxng ]urxsdxctLon of =he dxspu~e. ~n no~xfyzng all paroles conceded of
s~h a~xoa, all li~LlL=y on =he pa~ of ~enc s~ll fully =e~xnaCe, except Co che extent of acco~=Ang for any ~ce~ previously
deliver~ ~= of esc~w If a ixcens~ real estate broker, Agent wLll c~ly wxCh 9rovxszons of ~p=er 47S, F.S., as a~nded.
su~= between Buyer ~d Se~ler where ~en= zs ~de a ~ar~y because of acting as Agent hereunder, or ~n any suL= where~n Agen~
~n=e~le~s the ~]ec= ~cter of =he escrow, ~en= shall recover reasonable a==o~eys' fees and costs ~ncurred wx=h these
=o ~ ~axd fr~ ~ ou= of Che esc~ f~ds or ~va -n= ~d c~rg~ ~d awarded as cou~ ~sCs zn favor of =he prevailing
~e ~= s~l~ hoc ~ ~le ~0 ~y ~r~y or ~rson for ._sdelLve~ =0 Buyer or Seller of ~=e~ s~]ec= =0 =bLs esc~w, ~less suc~
misdelive~ xs due =0 wLll~u~ b~ac~ of ConUract or gross n~l~gence of
M. A~ ~; ~: In ~y litigation, inckudxng breach, enforce~n= or zn=e~re=aczon, arisxng out of =hxs Contract,
pr~aLli~ ~y Ln such lL=xgaClon whxch, for =he ~ses of thxs Sc~rd, s~ll ~nclude Seller, Buyer, ~d ~y brokers
Ln agen=y or no~gency relationships authoriz~ by ~pCer 475, F.S., as a~nded, shall be en=Lcl~ =0 recover f~ =he non-
preva~lL~ patty reaso~le aCCo~ey's fees, costs, ~d ~penses.
N. PAIL~ OF P~~: I~ Buyer fa~ls =o perfo~ =h~s Contract w~=hxn =he ~ specified (including ~n= of all
d~sxc(s)}, =he de~s~c(s) ~xd by ~yer ~d de~sx=(m) agre~ =o be paxd, ~y be recovered ~d reCain~ b~ or for the accost of
Seller as agre~ u~n ~x~=ed da~ges, consideration for =he ~e~tion of thxs Concrac~ and ~n full se==lemen~ of ~y
where~n, Burr ~ Seller s~11 ~ rel~ev~ of all oblAga=l~s ~der Con=tact, or Seller, at Seller's op=xo~, ~ 9~e~ zm
~o ~fo~e Se~ler's =~gh=s ~der =h~s Con=tact. If, for ~y reason other =~n failure of Seller =o ~ke Seller's =~=le
al=er dillon= effort. Seller faxls, ~l~=s or refuses =o perfo~ ~hxs ~ntrac=, =he Buyer ~y seek specxf=c 9erfo~nce or
~o ~ecexve the =e~u~ of Buyer's de~si=(s) wz=hou= ~her~y waiving any ac=zon for da~ges resul=xng from Seller's breach.
O. ~ ~ ~~; P~S BO~ ~I~: Ne~her =hxs Con=rat= ~or any not,ce of ~= s~ll be recorded xn ~y
9e~=s. si~lar s~lI ~ncl~e 91ufa1 ~ ~e gender s~ll ~nclude all. Not=ce gxven by or =o =he a==o~ey for ~y 9a~y s~ll be
as effec=ive as ~f gxven by or =o =~=
P. ~: Seller s~ll coney =xtle to Real Pr~y by specxal warr~ty de~, s~ect only Co ~==er8 con=axn~ xn
~ and =hose other%se accept~ by Buyer. Per8o~l Pro~r=y s~ll, a~ r~est of Buyer, be tr~sferred by ~ ~8olu=e bill of sale
wzth warranty of title, s~jec= only to such ~tters as ~y be othe~ise provzded for here~n.
~. ~ ~S: No prxor or present agre~s or representations s~ll be b~nd~ng upon Buyer or Seller ~less zncluded
=hxs ~n=ract No ~1fzcatlon or ~e in t~s Contract s~ll be valld or bin~ u~n =he partxes ~less in wr~tlflg a~
by =he party or ~r=~es %nte~ed =o be ~d by i~.
R. ~~: Seller warrants ~t there are ~ facts ~o~ to Seller ~terxally affecting ~he value of the Prope~y which are
no= readxly obse~le by Buyer or whxch have not been dxsclosed to Buyer.
CONTi~ACT FOR SALE A_ND PURCI{ASE
PARTIES: EUGENE JACKSON, J~. and LILLIE JACKSON, his wife, ("S~.3_h~C"), of 18 NW
24th Avenue, Delray Beach, FL 33445, (Phone. 243-8311), and the CITY OF DELRAY
BEACH, a Florida municipal corl~oration, ("~") , of 100 N.W. 1st Avenue, Delray
Beach, FL 33444 (Phone: $61-243-7000) , hereby agree that the Seller shall sell
and Buyer shall buy the following described Real Property and Personal Property
(collectively "P.r~") upon the following terms and conditions, which INCLUDE
the Standards for Real Estate Transactions ("~L~") on the reverse side
hereof or attached hereto and riders and any addenda to this Contract for Sale
and Purchase ("~").
DESCRIPTION:
(a) Legal description of the Real Property located in Palm Beach County,
Florida:
Lot 44, Replat of Part of Breezy Ridge Estates, according to the map
or plat thereof as 'ecorded in Plat Book 24, Page 116, Public
Records of Palm Beach ~Dunty, Florida
Property Control No.:12-43-46-18-02-000-0440
(b) Street address, city, zip, of the Property is: 18 NW 24th Avenue,
Delray Beach, Florida
II. PUrChASE PRICE:
PAYM~ITT:
(a)
Deposit(s) paid within three (3)
business days following the Effective
Date of this Contract, to be
held in escrow by Robert w. Federspiel,
P.A. Trust Account in the amount of
$ 1,000.00
(b)
Balance to close (U.S. cash, attorney trust
account check, LOCALLY DRAWN certified or
cashier's check, or wire transfer) subject
adjustments or proration
Total $156,000.00
III ·
IV.
TIME FOR ACCEPTANCE; EFFECTIVE DATE; FACSIMILE: If this offer is not
executed by and delivered to all parties OR FACT OF EXECUTION communicated
in writing between the parties prior to such offer being withdrawn by the
first party signing, the deposit(s) will, at Buyer's option, be returned
and this offer withdrawn. The date of Contract ("Effective Dace") will be
the later of the date when the last one of the Buyer and the Seller has
signed this offer or the date uhe C!uy Commission of the City of Delray
Beach approves this Contract. A facsimile copy of this Contract and any
signatures thereon shall be considered for all purposes as orlglnals.
TITLE EVIDENCE: At least 30 days from ~he effective date, (CHECK ONLY
ONE) ~Seller shall, ac Seller's expense, deliver ~o Buyer or Buyer's
attorney, OR ~Buyer shall at Buyer's expense obtain (CHECK ONLY ONE)
OabsCract of title or ~tle insurance commitment (wl~h legible cop!es
of instruments Listed as excepClons attached thereto) and, after cLosLng,
an owner's policy of t~tle insurance
CLOSING DATE: This ~ransacT[on shall be closed and the Warranty Deed and
ocher closing papers delivered on ~he fourth Tuesday following the
expiration of the feasibility study per~od as provided for in Section
XI(A), unless modified by other provisions of Contract.
VI.
RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to:
comprehensive land use plans, zoning, restrlcT~ons, prohibitions and ocher
requirements imposed by governmental authority; restrictions and matters
appearing on the pla~ or otherwise commom to the subdlvislon; public
u~llity easements of record (easements are to be located contiguous to
Real Property lines and not more than 10 feet in width as to the rear or
front lines and 7-1/2 fee~ n width as to the side lines, unless otherwise
stated herein), taxes for ~r of closing and subsequent years; assumed
mortgages and purchase mone nortgages, if any (if additional items, see
addendum); provided tha= there exists at closing no violation of the
foregoing.
VII.
OCCUPANCY: Seller warrants there are no parties in occupancy ocher than
Seller. Seller shall del~ver occupancy of Property to Buyer at ~ime of
closing unless otherwise stated herein. If occupancy is =o be delivered
before closing, Buyer assumes all risk of loss to Property from dace of
occupancy, shall be responsible and l~able for maintenance from thac dace,
and shall be deemed to have accepted Property in its existing condition as
of ~lme of taking occupancy unless otherwise s~aced herein.
VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
provisions, riders and addenda shall control all prin~ed provisions of
~his Concrac~ in conflict wi=h chem.
IX.
ASSIGNABILITY: (CHECK ONLY ONE): Buyer (1) · may assign and thereby be
released from any further liability under this Contract; Omay assign but
no= be released from lzabi!zty under this ContracE; or ~may not assign
~his Contract.
DISCLOSURES:
(a) Radon
(b)
is a naturally occurring radioactive gas that, when
accumulated in a building in sufficient quantities, may present
health risks uo persons who are exposed Co zt over time. Levels of
radon that exceed federal and state guidelines have been found in
buildings in Florida. Additional information regarding Radon or
Radon testing may be obtained from your County ~ublic Health uni~.
Buyer may have determined the energy efficiency rating of the
residential building, If any ls Ioca~ed on the Real Property.
SPECIAL CLAUSES; ADDENDA: if additional terms are to be provided,
attached addendum and CHECK HERE ~.
CITY OF DELP~AY BEACH
By:
Tax ID No. 59-6000308
Date Eugene Jackson, Jr. ' Date
Social Security ~, ~ , ~ '
or Tax ID No. ;~'~2--~'~/~ 7
Lillie Jackson Date
Social Security
or Tax ID No. ~.
Deposit(s) under Paragraph II (a~ received; IF OT~{ER ~ CASH, THEN SUBJECT TO
CLEnCh-: ROBERT W. FEDE~ ~IEL, ~ .A.
By:
SELLER:
BUYER:
PRO[~ERTY ADDRESS:
ADDENDUM TO CONTRACT FOR SALE AND PURCKASE
EUGENE JACKSON, JR and LfLLIE JACKSON, his w~fe
CITY OF DELRAY BEACH, a Florida municipal corporation
I8 NW 24th Avenue, Delray Beach, FL 33445
SPECIAL CLAUSES; ADDENDA (Continued)
A. The Buyer shall have twelve (12) business days following the
approval of this contract by the City Commission as sec forth in
below within which co conduct any and all feasibility studies and
relative to the suitability for the acquisition of the subject property by the
Buyer and the Buyer reserves the express right to termInate this Contract ac any
time during said period for any reason or no reason, in Buyer's sole discretion,
whereupon Buyer shall receive a full refund of all deposit monies paid hereunder
Buyer shall be granted reasc~ole access to the premises to conduct such
feasibility studies and decermi_ -~ons, including environmental assays, core
drilling, surveys, soil sampling ~! ocher such testing.
B. This Contract is expressly contingent and conditioned upon the
approval of the same by the City Comm~ssion of the Ci~y of Delray Beach within
fifteen business (15) days from the dace the Seller signs this Contract, and chis
Contract shall expressly no~ be deemed an "offer" by the Buyer for any purDose
unless and until the said City Commission shall have approved and accepted sald
Contract in open session, if chis Contract is not approved by ~he City
Commission of the City of De!ray Beach within fifteen business (15) days from the
date the Seller signs this Contract, then this Contract will be null and void and
of no further force or effect.
C. This purchase is in lieu of eminent domain. The parties believe that
this transaction is exempt from documentar~ stamp tax pursuant to Fla. Admin.
Code Ann. r. 12B-4.0~3, however in the event the obligation for documenta~£ stamp
tax is determined and assessed, ~he Seller agrees to be responsible for the same
and to indemnify, save, and hold the Buyer harmless for such taxes.
D. Early Closing: Notwithstanding the provisions set forth in Section V
of the Contract, Sellers elect ~o close fifteen (15) business days following the
date of delivery to the Buyer o~ the executed Contract and a copy of all mortgage
account information re!at,ye to any mortgages Seller may have on the subject
property.
Seller hereby acknowledges tha~ they have delivered the executed Contracc for
Sal~a, .n_d,~,u~chase and orov'.ied r_he mortgage payr~ent information on this
of k,~t/L-a-- , 200'2.
yOU wish ~o ~h~s earlv cl sing
E. Purchase Price Adjustment: The Buyer hereby agrees that in the event
it shall have entered in2o any voluntary, contract outside of em~nen= domain for
the purchase of another pro~ert'd w~thln the Breezy Ridge Estates subd~vls!on
prior co the closing of 5his purchase and sale and such other contrac5 would
provide a purchase price as defined zn Article tl of the Contrac~ for Sale and
Purchase which is greater than znlr~'I perceqt~.~30%) above the appraised value of
such other property according co a bonaf~de appraisal acceptable Zo the Buyer
(~he "Other Contract"), the Bu'/er shall increase the purchase price for the
property which is the sub]ect of ~h[s Con~racu uo reflect the same percentage
variance above appraised value agreed to be paid un such Other Conuract
F. ~roDer~y Excluded: The ~ollawlng appliances, improvements, and
fixtures Located in or on the subject property are hereby excluded from ~he sale
and will be removed~when we vacate the premises.
G. Post-Closi~g Occupancy: The undersigned Sellers hereby elect to
continue to occupy ~he property after closing as a Tenant under a lease agreement
with the Buyer to be signed aC c~oslng in form substantially as a~tached hereto,
which lease will provide for the ghc to occupy ~he premises until November 1,
2002, a~ no rent. Further, provide_ chat in the event the undersigned Seller has
entered ln~o a lease with the School Board of Palm Beach County on or prior ~o
November 1, 2002, which lease is acceptable ~o the School Board of Palm Beach
County and provides for the Seller's r~ghc ~o continue to occupy the premises
after ~he conveyance of the property by the Buyer ~o the School Board of Palm
Beach County, the Seller shall have ~he right to continue occupancy after
November 1, 2002 under the lease with the Buyer until the earlier of: December I,
2002, or the conveyance of the subject property by the Buyer to the School Board
of Palm Beach County.
option, please ~nitlal here:~ ~/.',~
H. Reloca=ion Benefit: The Buyer hereby acknowledges that if the
subjec= proper~y is occupied as of the date of closing, the occupant will receive
a relocanlon benefit in the amoun~ of One Thousand Five Hundred Dollars
($1,500.00), =o be paid by the Buyer to ~he occupan= upon ~he occupant vacating
the subjec~ property.
BUYER'S INITIALS:
SELLERS' INITIALS:
STANDARDS FOR REAL ESTATE TRA-~SACTION$
defecEa, Buyer shall e~Eher ~aI~e :he defects, or rece: ~fund of depos~E(s). ~ereoy releasing Buyer and Seller from all fur:net
o~L~gac~on under ~h~s Con~rac~
here~n, o~ any f~anc~g statements, claims oi ilea or 9ocenclal Ilenors known co Seller and ~ur=~er ac=esu~ng chac :here nave been
no ~m~rovemen~s or repairs ~o ~roper~y for 90 ~ays ~mmedla~el~ preceding da~e of closing [f Proper~y has been ~mproved, or ~epa~red
wz~h%n ~.~a~ ~me, Seller s~ali deliver releases or .aivers of ~echan~c~' !~ens execu:ed by all general con~rac~or$,
Buyer
F. T~: In c~u=&ng =~me 9er~ods of [ess ~nan s_x ,~ lays, Sa=urdays, ~undays and ~na=e or na=~onal legal no~day~ ~na!l
of ~e assessed valua~:on of ~e ~roper~f so ~amaged sos: :: restoration 3~alL be an ~bi~ga~:on of :ne Seller and clos_ng shall
K. ~ROCEEDS OF SALE; CLOSING PROCED~. -'e leeC ~aall se recorded upon ~leacance o~ funds if an aDscrac~ of cIC.e fas bee~
as tO place, ::me o~ day and procedures ~or cLos:ng, and for d:sDursemenc o~ mortgage proceeds shaLL contr=L over concrarv
such accLo~, ~11 l~a~LLcy on c~e 9ar: of ~enC s~alL fullf :er~z~ace, except CO :he extent o~ ~ccouncin~ for any items ~revLousLy
~nce~ieads C~e s~]ec~ ~ctec Of ~e escrow. ~enc shall recover reasonable ac:orney~' fees and costs .tcurr~d w::h ~hese a~u~cs
The %gen~ s~ll not be ~laD~e ~o any party or person fgr e~lve~/ ~o Buyer or Seller of :~ems s~]ec~ 5~ this escrow, ~nless such
M. A~ ~; COSTS: En any L~c%gacAO~, ~nciud~ng breach, enforcement or ~ncerprecac%o~. ar%s:ng 9ut of ~hLs Co~crac:.
N. FAILLE OF PERFOrm: :~ ~uyer fa~Ls :o gerfor~ ~his Concrac~ wL~Ln ~he Cu~e specified _ncLud~ng pa,~enc of all
de9osz:(s)), che de~s1:(s) 9old by Buyer and de~s::(s) agreed ~o be pa:d, may De recovered and =e:a~ne= Dy or for the accoun:
~eLler as agreed upo~ i:~/daced damages. Co~sLde~acLo~ for :he execu::on of chis Concrac~ and ~ full settlement of any
:o enforce Se~1er's r:g~cs under :h:s Con:rac: Er, for any reason o:her :~an fa:lure of Seller :o ~ake Seller's :::le ~ar~e:aDte
afte~ d:lLgen: ef~or:, Seller :azls, a~iec:s or refuses ~o perfo~ :hLs Concrac:, Cne Buyer may seek s~ecLf~c performance or
9e~us, s~n~la= s~ll ~ncLude plural a~ o~e gender shall =nclude all Noc~ce given by or Co :he acuocney for any paruy snail be
as e~fecc~ve as %~ g~ven by o~ :o :~C 9ar~y
and C~se ocae~se accepted by ~uyer Personal Property shall, ac r~esC of Buyer. se transferred oy an aosoluce s~ll of sale
~arran~y of uzcle, suD]ecz only Co suc~ ~c:er$ as ~y ne ~cherw~se prov:ded for here~n
Q. ~ ~S: No 9riot or preset: agree~n=s or =epresenua:Lon~ shall ne ~:ad~ng upon ~uyer or Seller anless ~ncLuded
by :~e party or parc:es L~cended co be bo~d ~y L:
L W~ES: Seller warrants :~ac :~ere are mo focus known ~o Seller mater:all/ affecuLng cae 'zalue ~f the ~rDper:y ~n:cn are
LEASE
T~IS LEASE, zs made by and between CITY OF DELRAY BEACh, hereznafter
called "Landlord," whose address zs 100 N.W. Fzrst Avenue, Delray Beach,
Florida 33444, and
· hereinafter called "Tenant."
WI TNES SETH:
In consideration of the faithful performance of all covenants,
agreements and conditions herein contaaned, on the part of the Tenant to
be kept, done and performed, the said Landlord does hereby lease to the
Lessee the following described property:
Single family reszdence ~cated at
, Delray Beach, Florida.
its "as is" condition.
Said property to be an
TO ~AVE AND TO HOLD the same until November 1, 2002, at no rent.
Further, provided that in the event the Tenant has entered into a lease
with the School Board of Palm Beach County on or prior to November I,
2002, which lease is acceptable to the School Board of Palm Beach County
and provides for the Tenant's right to continue to occupy the premises
after the conveyance of the property by the Landlord to the School Board
of Palm Beach County, the Tenant shall have the right to continue
occupancy after November 1, 2002, under the Lease with the Landlord until
the earlier of: December 1, 2002, or the conveyance of the subject
property by the Landlord to the School Board of Palm Beach County.
NOTICE TO TENANT (Pursuant to Chapter 83, F.S.)
A. Landlord designates SUSAN RUBY, ESQ., of the City Attorneys'
Office, 200 N.W. First Avenue, Delray Beach, FL 33444, as the person
authorized on its behalf to recezve all notices and demands of Tenant.
T~E TENANT FURTHER COVENANTS AND AGREES AS FOLLOWS:
1. ~ot to use or permit to be used the premises for any lllegal,
immoral or improper purposes.
2. Not to make or permit any noise, disturbance or annoyance
whatsoever detrimental to the premases or to the comfort and peace of
neighboring residents.
3. The partzes agree that the premises, including lawn and
plantings, and pool (zf applzcable), shall be contznuously maintained in
good conditaon by the Tenant, anc!udzng but not lzmated to azr
conditioning and heat, app!~ances and/or applzance servace contract,
anterior pest extermznatzon (zf desired), lawn & p!antangs, lawn pest
control, buildang exterior, buzldang znter~or, pool and ecfuapment/pool
service, and that the obligation and cost of malnCenance shall be borne
by the Tenant.
4. Ail charges for utilities services during the term of this
Lease, including but not limted to electric, telephone, gas/fuel, sewer,
water, and refuse collection, shall be payable by the Tenant.
5. The Tenant assume full and complete risk of loss and injury to
themselves and others which may result from the occupancy of the subject
premises pursuant to this Lease and in consideration of such tenancy, the
Tenant agrees to indemnify, save, and hold the Landlord harmless from any
and all liability, costs, claims, expenses, or damages of whatsoever
nature including defense costs, attorneys' fees, and administrative
COSTS.
6. Tenant shall deliver up possession of the premises at the end
of the term in as good conditzc- as they now are, ordinary wear and tear
excepted; Tenant acknowledges prior inspection of the premises and finds
same to be in good condition excep~ as hereinafter noted.
7. Tenant agrees that Landlord shall have the right, upon
reasonable notice, to inspect the premises and to show ~he premises to
prospective Tenants or Purchasers.
8. Tenant agrees to pay the cost of repairing any and all damage
to the premises occasioned by Tenan~ or any other party during the term
of this Lease, including the cost of removing foreign substances from
toilets and sinks.
9. Tenant covenants and agrees that the premises shall not at any
time be occupied by more than one family or persons without
written approval of the Landlord.
10. DEFAULT: Tenant's default in the performance of the covenants
and conditions hereunder shall immediately constitute Tenant as a ~enant
at sufferance and, in such event, Tenant waives all right of notice to
vacate said premises, and the Landlord shall be entitled to re-enter and
retake possession of the premises immediately and without liability for
such action.
11. Tenant agrees to pay all court costs and reasonable a~torney's
fees which may be paid or incurred by Landlord or Landlord's agent
enforcing the covenants, condl~ions, agreements and obligations of ~his
Lease in the event of Tenant's default hereunder.
12. This Lease contains the entire agreement of the parties and
supersedes any and all prior agreements between them. This Lease shall
be b~nding upon ~he benefit of the par~es, their Personal
Representatives, successors and assigns.
13. Tenant shall not assign the Lease, or sublet ~he premises or
any part thereof, or permit the premises or any part thereof to be used
or occupied by anyone other than Tenant or members of Tenant's immediate
family, without the prior wrl~Een consent of Landlord.
14. Tenant is hereby prohibited from making any imDrovements to the
subject real property other than pursuant to its repair and maintenance
and obligations as described herein and in the event a Claim of Lien
shall be recorded against the subject property as a result of any of
Tenant's actions and such Lien shall not be discharged of record within
ten (10) days thereafter, the Tenant shall be deemed to be in default
pursuant to the terms of this Lease.
IN WITNESS WHEREOF, the parties hereto have executed this Lease the
day and year first above written.
BY SIGNING THIS RENTAL AGREE'~ENT THE TENANT AGREES THAT UPON SURRENDER
OR ABANDONMENT, AS DEFINED Bt THE FLORIDA STATUTES, THE LANDLORD SHALL
NOT BE LIABLE OR RESPONSIBLE FCR STORAGE OR DISPOSITION OF THE TENANT'S
PERSONAL PROPERTY.
WITNESSES:
LANDLORD:
As to Landlord (2 required)
CITY OF DELRAY BEACH
By:
Printed Name:
Title:
AS to TenanU (2 required) TENANT:
CONTP. ACT FOR SALE ~ PUT{C~fASE
PA~TIES: NA/~ TOLEDO and SOFIA TOLEDO, his wife, ("~eller") , of 2410 N.W 2nd
Street, De!ray Beach, FL 33445, (Phone. ), and che CITY OF
DELRAY BF, AC~{, a Florida municipal corporation, ("~") , of !00 N W lsc Avenue,
Delray Beach, FL 33444 (Phone- 561-243-7000) , hereby agree that the Seller shall
sell and Buyer shall buy the following described Real Property and Personal
Property (collectively "~") upon the following te,~ms and condltlons, which
INCLUDE the Standards for Real Estate Transactlons ("~L~") on the reverse
side hereof or attached hereto and riders and any addenda to thls Contract for
Sale and Purchase ("~") .
DESCRIPTION:
(a) Legal description of the Real Property located in Palm Beach County,
Florida.
Lot 54, Replat of Pa ~ of Breezy Ridge Estates, according to the map
or plat thereof as ecorded in Plat Book 24, Page !16, Publ!c
Records of Palm Beach 2ounty, Florida
Proper~y Control No.:12-43-46-18-02-000-0540
(b) Street address, city, zip, of the Property is: 2410 N W. 2nd Street,
Delray Beach, Florida
II. PUrChASE PRICE: $169.000.00
PA~:
(a) Deposit(s) paid wlthln three (3)
business days following the Effective
Date of this Contract, ~o be
held in escrow by Robert w. Federspiel,
P.A.T.~ust Account in the amounn of
$ !,000.00
(b)
Balance to close (U.S cash, attorney trust
account check, LOCALLY DRAWN certified or
cashier's check, or wlre %ransfer) sub~ec~
adjustments or proration
Total
III.
Iv.
TItlE FOR ACCEPTAI~CE; EFFECTIVE DATE; FACSIMILE: If this offer is not
executed by and delivered ~o all parties OR FACT OF EXECUTION co~unica~ed
~n writing between ~he parties prior to such offer being withdrawn by ~he
first party signing, the deposit{s) w~l!, at Buyer's option, be returned
and thls offer withdrawn. The date of Contract ("Effective Da~e") w~i! be
the later of the date when the last one of ~he Buyer and the Seller has
signed thls offer or the date ~he City Commission of the Clty of Delray
Beach approves th~s Contract. A facs!m~!e copy of this Contract and any
s~gnatures thereon shall be considered for all pu?poses as or~g!na!s
TITLE EVIDENCE: Prior Co closing, (CHECK ONLY ONE). ~Seller shall, at
Seller's expense, de!Iver to Buyer or Buyer's attorney, OR ~Buyer shall
at Buyer's expense oDta~n (CMECK ONLY ONE) ~abs~ract of t~cle or Itltle
insurance commlcment (with legible copies of instruments llsted as
exceptions attached thereto~ and, afzer closing, an owner's po~cV of
title insurance.
CLOSING DATE: Thls transaction shal~ be closed and ~he warranty. Deed and
other closing papers de!~vered on the flf~eenth (15th) buslness day
following the Effective Dace, unless modified by ocher provlszons of
Conmracm
vi.
VII.
RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall ~ake title subjecz ~o:
comprehensive land use plans, zoning, resurlctlons, prohlblulons and o~her
requlremenus ~mposed by governmental authority; reszrlculons and macters
appearing on ~he pla~ or o~herwlse common ~o zhe subdivision; public
u~illty easements of record (easements are to be located contiguous
Real ?roperuy lines and not ~ore ~han i0 feet in width as ~o the rear or
fron~ l!nes and 7-1/2 feet n width as to 5he side lines, unless o~herwise
s=a~ed herein}; taxes for ar of closing and subsequent years, assumed
mortgages and purchase mona', ~orzgages, ~f any (~f additional items, see
addendum); provided that ~nere exls~s at closing no v~olatlon of
foregoing.
OCCUPANCY: Seller warrants there are no par:les in occupancy other than
Seller. Seller shall deliver occupancy of Proper=y co Buyer at time of
closing unless otherwise s:ated herein. If occupancy is ~o be delivered
before closing, Buyer assumes all risk of loss to Proper:¥ from date of
occupancy, shall be responsible and liable for maintenance from chat date,
and shall be deemed ~o have accepted Propercy in lis exlscing condition as
of time of caklng occupancy unless otherwise staced herein.
VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
provlslons, riders and addenda shall control all pr!n~ed provisions of
this Con=tact ~n confllcu wi~h zhem.
IX.
ASSIGNABILITY: (CHECK ONLY ONE) - Buyer (I) · may assign and thereby be
released from any furuher '~ab~!i~y under chis Contract; ~may assign but
not be released fro~ !~ab~!~ty under ~his Contract; or ~may not assign
this Con~rac~.
xI.
DISCLOSURES:
( a ) Radon
(b)
Is a na~uraily occurring radloactlve gas that, when
accumulated in a building ~n sufficlenu quantities, may present
heal~h r~sks :o persons who are exposed to i~ over ~ime. Levels of
radon that exceed federal and sta~e gu~de!ines have been found in
buildings in Flor:da Additional information regarding Radon or
Radon testing may be obtained from your County Public Hea!=h unit
Buyer may have determined the energy, efficiency rating of ~he
residential bu~!ding, ~f any is located on the Real Proper~y
SPECIAL CLAUSES; ADDENDA: if additional terms are to be prov!ded,
attached addendum and c.'-~,,~n=~ ..-..-u~= ·
CITY OF DELRAY BEACH
Tax ID No. 59-6000308
Date
NAHUM TOLEDO Date
or Tax ~D No.
SOFIA TOLEDO Da~e
Soczal Security ·
Deposz~(s) under Paragraph i! (a recezved; IF OTHER THAN CASH, THEN SUBJECT TO
CLEARANCE: ROBERT W. FEDEA_P~EL, P.A.
SELLER
BUYER.
PROPERTY ADDRESS:
A/DDEb~DIIM TO CON'TI~ACT FOR SALE A_N-D P~TRC}LASE
NA/4UM TOLEDO and SOFIA TOLEDO, hisw~_,=~
CITY OF DEL~AY BEACH, a Fiorlda munlclpal corporal:on
2410 N W 2nd Street, Delray Beach, FL 33445
SPECIAL CLAUSES; ADDE1TDA IContlnued) :
A. The Buyer shall have twelve (12) business days following the
Effective Date of this connract wluhln which to conduct any and all feasibility
studies and determlnatlons re!a:Ive to the sultab~!lty for the acquls~tlon of the
sub]ecn property by ~he Buyer and the Buyer reserves the express rlghn no
Eermlnate this Contract az any ~ime during said permod for any reason or no
reason, in Buyer's sole d~scre~:on, whereupon Buyer sna!l receive a full refund
of all deposit monies paid hereunder Buyer shall be granted reasonable access
to the premises to conduct such : %slbl!ity s~udles and deterralnatlons, ~ncluding
environmental assays, core dry_ ng, su~zeys, soLi sampling and other such
testing.
B. Thls Contract is expressly contingen~ and cond~tloned upon the
approval of the same by che C!cy Comm!ssion of the Cl~y of Delray Beach w!chln
fifteen (15) business days from the date the Seller signs this Contract, and thls
Contrac~ shall expressly not be deemed an "offer" by the Buyer for any purpose
unless and until the said C~ty Commission shall have approved and accepted sald
Contract In open session if ~hls Contract is not approved by the City
Commission of the C~y of Delray Beach within f~fteen (15} business days from the
date the Seller signs this Concracz, then ~nls Contract wlll be null and void and
of no further force or effect.
C. This purchase is in lleu of eminent domain. The parties believe than
this transaction is exempc from documentary, stamp tax pursuant to Fla. Admzn.
Code Ann.. r. 12B-~.013, however in the evenc the obligation for documenta-~'y stamp
tax zs determined and assessed, the Seller agrees no be responsible for the same
and to indemnify, save, and hold che Buyer harmless for such taxes.
D Purchase Price Adjustment- The Buyer hereby agrees than In the even~
it shall have entered into any vo!un~a_~f contract outside of eminen~ domain for
the purchase of another property wlth~n the Breezy Ridge Estates subdivision
prlor to the c!oszng of this purchase and sale and such other contract would
provide a purchase price as defined in krtlcle 21 of the Contract for Sale and
Purchase which ls greater chat thirty percenn (30%) above the appraised value of
such other property according ~o a bonaflde appraisal acceptable to the Buyer
(the "Other Contract"), the Buyer shall increase the purchase price for the
property which is the sublect of this Contract ~o reflect the same percenuage
variance above appraised ';alue agreed to be paid in such Other Contract.
E. Property Excluded: The following app!!ances, improvements, and
fixtures located in or on ~he subject property are hereby excluded from the sale
and w~ll be removed when we vacate the premises.
F. Post-Closing Occupancy The undersigned SelLers hereby elect ko
continue to occupy the property after closing as a Tenant under a lease agreement
with the Buyer to be signed at closing in form substan~lally as a~ached hereto,
whlc~ lease will provide for the right to occupy the premises un,Il Nove~er 1,
2002, at no rent Further, pmovlded that in the event the undersigned Seller has
entered into a lease wl~h the School Board of Palm Beach County on or prior to
November 1, 2002, which lease is acceptable to the School Board of Palm Beach
County and provides for The Seiler's right To continue to occupy ~he premises
after the conveyance of the property by the Buyer to the School Board of Palm
Beach County, ~he Seller shall have the r~ght uo continue occupancy a~ter
November 1, 2002 ~der the lease with the Buyer unto! the earlier of: December 1,
2002, or ~he conveyance of the subject property by the Buyer to the School Board
of Palm Beach County.
[ If you wish to elec~ th~s ~t-g. lDs~ng ~cqupancyI
option, please inltla! here: . ~ 7~- [
G. Relocation Benefit: e Buyer hereby acknowledges that the Sellers
will receive a relocation beneflu in the amount of One Thousand F~ve Hundred
Dollars ($1,500.00), to be paid by the Buyer Co the Seller upon the Seller
vacating the subject proper~y.
BUYER'S INITIALS:
SELLERS' INITIALS:
STA/~DARDS FOR REAL ESTATE TP-A/~$ACTiONS
3e~ec:s Buyer s~all el:~er waive :~e ~efec=s, ~r rece~ -e~und of ~e~osl: (s~, :hereD?' releasing B~yer ant Sel.er from al. f.r:ter
ex:luded ~y :~me per:ods 9rov/=ed ~or nereln wn~cn sna!l eh= on Sa:.r=ay, Sun=ay or legal ~.oi.day s~.all e.<:en= :o 5 00 p m of
i. SPECI~ ~SES~ LZ~S. Cer~lf~ed. conf.~e= an= ran.flee ~Decla! asse~smenz !~ens as of ~a:e of c!oslng 'no~ as of ~ffec~l ~e
L. ~SCROW: Any escrow agent ("a~nr") rece:vznq funds or equL-/aien: as auc~oci:ed and agrees by accepcance of :~em :o ~epcs_:
Faalure of clearance of funds s~all ~oc excuse Buyer's performance if an COuDC as :o Agent's ~ucaes or l~a~l~:aes un,er
Agent may deposa: ~::R :he clerk of :~e ¢lrcu:: court havang ]ur:sQIccaon of :he dispu:e Upon noel/yang all pa=does concerne~ ~f
suB: eec~een Su~er and ~eiLer where Agen: .$ made a pa=dy because Of ac:Lng as Agenc hereunder, or .~ any suB: ~aersLt Agen:
N. FA:L~E OF PERFO~: Zf BuYer :a:!s :o perfo~ :~:s Con:rat: w::~:n :ne c:me spec:fred ~:nclu~:ng paten: of all
deoos::(s)), c~e depos::(s) paid by Buyer an: ~epos::(s~ agree~ :o oe pa.d, may ~e recovere~ an~ =eta:ned my or for :ne ~c:o.n:
:o enforce Seller's r:g~cs un,er chis Con:fmc: If, ~or any reason ocher :nan ~a~lure of ~eller :o ~Ke Seller's :::!e ~rke:a~Le
O. C~ N~ RECO~; 2~SONS BO~: NOTI~. Nel:~er :~Ls Concrac: nor any nocLCe of ~: shall De recorded ~n any
pe~::s, szn~la= s~ll .nclude plural an~ one ~ender shall :nc!ude all Nocace given by or :o :he ac:o~ey for any par:y ;aall
an= :~ose oche~w:se accepced by Buyer Pefso~! ~roper:y szai!, a: ~e~es: of Buyer, be transferred oy an ~so!u:e b:il of sale
warranty of :L:~e, s~ec: only :o such ~a~:ers as ~y De o:rerwlse ~ovLded f~r here.n
STA-N-DARDS FOR REAL ESTATE TRA/~SACTIONS
D LZ~S: Seller s~all furnzsh ~o Buyer ac :_-e of clos%ng an aff_~av~: ac:esc~ng co :~e a~sence, unless
G. ~S ~R ~S~: ~uyer shall furnish ~eec, o~er's possession aff~avL:, correct,ye insc~:s.
agree co Les ~[sOu~semenc, or ~RE:L a ]~c of a Co~=: o~ Co~ece~c ]ur~s~lc~lo~ ~all dece~:~e :~e ==g~cs o~ :~e pat::es or
;uC~ ac:~on, all l~a~ll~c7 on c~e ~arc of ~enc saall f~liy :er~nace, except =o ~e ex=eno of accounting ~o= any ~:ems ~rev~ous~
The A~en= 3~a~l hoc ~e l~le co any party or ~rson for _~ce!~ve~/ co Buyer or seller of [=ems s~ec= :o cn~s escrow, unless suc~
m~sdel~very ~s due co w=!iful Dreac~ of Concrac: or gross ~egl~gence of Agen:
M, A~ ~; ~S: [n any l&c~gac~on, ~ncludxng breach, en~orcemen: or ~n:e~recac~on. arising ouc of
~n agency or ~oflageflcy relac:onsflAps auchor%:ed Dy Cha~er 4"5, F S . as amende~, ~ha!l be ea~:~!e~ :o recover from ~ne non-
preva&llng Dar:y reasonable ac~o~ey's fees, costs, a~d expenses
whereupon. Buyer an~ Seller sBall ~e rel&ev~ o~ all oDl&ga=1ons ~der Con=rat:. or Seller. a= Seller's oD~lon.
to enforce Seller's rxgn=s uneer ChLS Contract if. for any reason ocher than ~a~iure of Seller =o ~e Seller's =lcle ~rketa~le
co =ece~ve the =ecu=n o~ ~uyer's eepos~c(s) w~c~ou: c~ere=y wa~vzng any ac:zon ~a= da~ges resul:~ng from Seller's breach
O. CO~ ~ EECO~; ~SONS BO~: ~TI~. Ne~=ner c~ss Cone=acc nor any noczce of == shall be recorded ~m any pu~!~c
De~:s sxn~lar s~ll ~nclude ~lural a~ one gender saall ~nc!u~e a_. Noc~ce glven by or ~o :he ac:orne~ for any 9ar:y ~hall ~e
by :~e ~arcy or parc:es ~ncen~ed :o be Do~d by ::
a. w~I~- Seller warran:~ =~aC =here are n= facts <no~ :o Seller ~a~er~ally affecz~ng =~e value of :ne ~rcoer=y wn=c~ are
qO: rea~lly o~se~le Dy Buyer or w~c~ have no: oeen ==aclosed =o Buyer
LEASE
THIS LEASE, is made by and between CITY OF DELRAY BEACH, hereinafter
called "Landlord," whose address is 100 N.W. First Avenue, Delray Beach,
Florida 33444, and
, hereinafter called "Tenant."
W I TNES SETH:
In consideration of the faithful performance of all covenants,
agreements and conditions herein contained, on the part of the Tenant to
be kept, done and perfo,-med, the said Landlord does hereby lease to the
Lessee the following described property:
Single family reszdence located at
, Delray Beach, Florzda.
its "as is" condition.
Said property to be in
TO HAVE AND TO HOLD the same until November 1, 2002, at no rent.
Further, provided that in the event the Tenant has entered into a lease
with the School Board of Palm Beach County on or prior to November !,
2002, which lease is acceptable to the School Board of Palm Beach County
and provides for the Tenant's right to continue to occupy the premises
after the conveyance of the property by the Landlord to the School Board
of Palm Beach County, the Tenant shall have the right to continue
occupancy after November !, 2002, under the Lease with the Landlord unti!
the earlier of: December 1, 2002, or the conveyance of the subject
property by the Landlord to the School Board of Palm Beach County.
NOTICE TO TENANT (Pursuant to Chapter 83, F.S.)
A. Landlord designates SUSAN RUBY, ESQ., of the City Attorneys'
Office, 200 N.W. Flrst Avenue, Delray Beach, FL 33444, as the person
authorized on its behalf to receive all notices and demands of Tenant.
THE TENANT FURTHER COVENANTS AND AGREES AS FOLLOWS:
1. Not to use or permit to be used the premises for any illegal,
immoral or improper purposes.
2. Not to make or permit any noise, disturbance or annoyance
whatsoever detrimental to The premises or to the comfort and peace of
neighboring residents.
3. The par~ies agree that the premises, including lawn and
plantings, and pool (if applicable), shall be continuously maintained in
good condition by ~he Tenant, lncludlng bu~ not limited to air
conditloning and heat, appliances and/or appliance service contracz,
interior pest extermination (if desired), lawn & plantings, lawn pes~
control, building ex~erlor, buildlng interior, pool and equipment/pool
service, and that the obligation and cost of maintenance shall be borne
by the Tenant.
4. Ail charges for utilities services during the term of this
Lease, including but noc limted to electric, telephone, gas/fuel, sewer,
water, and refuse collection, shall be payable by the Tenant.
5. The Tenant assume full and complete risk of loss and injury co
themselves and ochers which may result from the occupancy of the subject
premises pursuant to this Lease and in consideration of such tenancy, the
Tenant agrees to indemnify, save, and hold the Landlord harmless from any
and all liability, coscs, claims, expenses, or damages of whatsoever
nature including defense cos=s, attorneys' fees, and administrative
COSTS.
6. Tenant shall deliver up possession of the premises at the end
of the term in as good condition as they now are, ordinary wear and tear
excepted; Tenant acknowledges prior inspection of the premises and finds
same to be in good condition except as hereinafter no=ed.
7. Tenant agrees that Landlord shall have the right, upon
reasonable notice, to inspect the premises and to show the premises co
prospective Tenants or Purchasers.
8. Tenant agrees to pay the cost of repairing any and all damage
to the premises occasioned by Tenant or any other party during the term
of this Lease, including the cost of removing foreign substances from
toile=s and sinks.
9. Tenant covenants and agrees that the premises shall not at any
time be occupied by more than one family or persons without
wri=ten approval of the Landlord.
10. DEFAULT: Tenant's default in the performance of the covenants
and conditions hereunder shall ~mmediate!y constitute Tenant as a tenan~
ac sufferance and, in such event, Tenant waives all right of notice =o
vacate said premIses, and the Landlord shall be entitled to re-en~er and
retake possession of the premises immediately and without liability for
such action.
11. Tenant agrees to pay all court costs and reasonable attorney's
fees which may be paid or incurred by Landlord or Landlord's agen~
enforcing =he covenants, conditions, agreements and obligations of this
Lease in the event of Tenant's default hereunder.
12. This Lease contains the entire agreement of the parties and
supersedes any and all prior agreements between them. This Lease shall
be binding upon ~he benefi~ of ~he parties, their Personal
Representatives, successors and assigns.
13. Tenan~ shall hOC assign the Lease, or sublet the premises or
any par~ thereof, or perm,= the premises or any part zhereof ~o be used
or occupied by anyone other than Tenant or members of Tenant's immediate
family, without the prior written consent of Landlord.
1¢. Tenant is hereby prohibited from making any imDrovemencs to the
subject real property other =hah pursuant to its repair and maintenance
and obligations as described herein and in the event a Claim of Lien
shall be recorded against the subject property as a result of any of
Tenant's actions and such Lien shall not be discharged of record within
ten (10) days ~hereafter, the Tenant shall be deemed to be in default
pursuant to the terms of this Lease.
IN WITNESS WHEREOF, the parties hereto have executed this Lease the
day and year first above written.
BY SIGNING THIS RENTAL AGR~EFENT THE TENANT AGREES THAT UPON SURRENDER
OR ABANDONMENT, AS DEFINED BY THE FLORIDA STATUTES, THE LANDLORD SHALL
NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S
PERSONAL PROPERTY.
WITNESSES:
LANDLORD:
As to Landlord (2 required)
CITY OF DELRAY BEACH
By:
Printed Name:
Title:
As Co Tenant (2 required) TENANT:
CONTRACT FOR SALE A~D PURC~{ASE
PARTIES: A~GEL LOUIS RI~FERA and ALICIA RIV~RA, his wife, ("Seller"), of 23 NW 24th
Avenue, Delray Beach, FL 33445, (Phone: 276-8295), and the CITY OF DELRAY BEACH,
a Florida municipal corpora=ion, ("Blky_~") , of 100 N.W. 1st Avenue, Delray Beach,
FL 33444 (Phone: 561-243-7000), hereby agree that the Seller shall sell and Buyer
shall buy the following described Real Property and Personal Property
(collectively "P_r~") upon the following terms and conditions, which INCLUDE
the Standards for Real Estate Transactions ("~") on the reverse side
hereof or attached hereto and riders and any addenda to this Contract for Sale
and Purchase ("Contract").
DESCRIPTION:
{a) Legal description of the Real Property located in Palm Beach County,
Florida:
Lot 41, Replat of Pa-t of Breezy Ridge Estates, according to the map
or plat thereof as cecorded in Plat Book 24, Page 116, Public
Records of Palm Beach County, Florida
Property Control No.:12-43-46-18-02-000-0410
(b) Street address, city, zip, of the Property is: 23 N-W 24th Avenue,
Delray Beach, Florida
II. P~IRC]~ASE PRICE: $179.400.00
PAY~:
(a)
Deposit(s) paid within three (3)
business days following the Effective
Date of this Contract, to be
held in escrow by Robert w. Federspiel,
P.A. Trust Account in the amount of
$ 1,000.0O
(b)
Balance to close (U.S. cash, attorney trust
account check, LOCALLY DPJ%WN certified or
cashier's check, or wire transfer) subject
adjustments or proration
S178.400.00
Total $179,400.00
III.
IV.
TIM~ FOR ACCEPTANCE; EFFECTIVE DATE; FACSIMILE: If this offer is no~
executed by and delivered ~o all parties OR FACT OF EXECUTION communicated
zn writing between the parties przor to such offer being withdrawn by the
first party signing, the deposit(s) will, at Buyer's option, be returned
and this offer withdrawn. The date of Contract ("E~fec~{ve ~ate") will be
the later of the date when the last one of the Buyer and the Seller has
szgned this offer or the date The City Commission of the City of Delray
Beach approves thzs Contract. A facsiml!e copy of this Contract and any
signatures thereon shall be considered for all purposes as originals.
TITLE ~'VIDENCE: At least 30 days from the effective date, (CHECK ONLY
ONE) : ~Seller shall, a~ Seller's expense, deliver to Buyer or Buyer's
attorney; OR ·Buyer shall at Buyer's expense obtaln (CHECK ONLY 0NE) ~
Oabstract of title or ·t~tle ~nsurance commitment (with legible copies
of instruments listed as exceptions attached thereto) and, after closing,
an owner's policy of t~tle insurance.
CLOSING DATE: This transaction shall be closed and the warranty Deed and
other closing papers delivered on the third Thursday following the
expiration of the feasibility study period as provided for in Section
XI(A), unless modified by other provisions of Contract.
VI.
RESTRICTIONS; EASEMEiTTS; LIMITATIONS: Buyer shall take title subject to:
comprehensive land use plans, zoning, restrictions, prohibitions and other
requIrements imposed by governmental authority; restrictions and matters
appearing on the plat or o~herwlse common to the subdivision; public
utility easements of record (easements are to be located contiguous to
Real Property l~nes and n-t more than 10 feet in width as to the rear or
front lines and 7ol/2 fee~ _n width as to the side lines, unless o~herwise
stated herein); taxes for year of closing and subsequent years; assumed
mortgages and purchase money mortgages, if any (if additional items, see
addendum); provided that there exists at c!oslng no violation of the
foregoing.
VII.
OCCUI~ANCY: Seller warrants there are no parties in occupancy other than
Seller. Seller shall deliver occupancy of Property to Buyer at time of
closing unless otherwise stated herein. If occupancy is to be dellvered
before closing, Buyer assumes all risk of loss to Property from date of
occupancy, shall be responsible and liable flor maintenance from that date,
and shall be deemed to have accepted Property in its ex~sting condition as
of time of taking occupancy unless otherwise stated herein.
VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
provisions, riders and addenda shall control all printed provisions of
this Contract in conflict with them.
IX.
ASSIGNASILITY: (CHECK ONLY ONE): Buyer (1) · may assign and thereby be
released from any further liability under this Contract; Omay assign but
not be released from liability under this Contract, or ~may not assign
this Contract.
XI.
DISCLOSURES:
(a) Radon
(b)
is a naturally occurring radioactive gas that, when
accumulated in a bullding in sufficient quantities, may ~resent
health risks to persons who are exposed to ~t over time. Levels of
radon that exceed federal and state guidelines have been found in
buildings in Florida. Addltional information regarding Radon or
Radon testing may be obtained from your County Pub!lc Health unit.
Buyer may have determined ~he energy efficiency rating of the
resident~a! building, ~f any is located on the Real Proper=y.
SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided,
attached addendum and CHECK HERE ~.
CITY OF DELRAY BEACH
By:
Tax ID No. 59-6000308
~ate
A~gel Louis Rivera
Date
Social Security
or Tax ID No.
Alicia Rivera
Date
Social Security
or Tax ID NoB _9~'~-
Deposit(s) under Paragraph II (a received; IF OT}{ER THAN CASH, THEN SUBJECT TO
CLEARANCE: ROBERT W. FEDE~SPIEL, P.A.
By:
SELLER:
BUYER:
PROPERTY ADDRESS:
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
ANGEL LOUIS RIVEP~ and ALICIA RIVERA, his wife
CITY OF DELRAY BEACH, a Florida municipal corporation
23 NW 24~h Avenue, Delray Beach, FL 33445
SPECIAL CLAUSES; ADDENDA (Continued):
A. The Buyer shall have twelve (12) business days following the approval
of this contract by the City Commission as set forth in ~ below within
which to conduct any and all feasibility studies and determinations relative to
the suitability for the acquisition of the subject property by the Buyer and the
Buyer reserves the express right to terminate thls Contract at any time during
said period for any reason or no reason, in Buyer's sole discretion, whereupon
Buyer shall receive a full refund of all deposit monies paid hereunder. Buyer
shall be granted reasonable access to the premises to conduct such feasibility
studies and determinations, lnc_ading environmental assays, core drIlling,
surveys, soil sampling and other such testing.
B. This Contract is expressly contingent and conditioned upon the
approval of the same by the City Commission of the City of Delray Beach within
fifteen business (15) days from the date the Seller signs this Contract, and this
Contract shall expressly not be deemed an "offer" by the Buyer for any purpose
unless and until the said City Commission shall have approved and accepted said
Contract in open session. If this Contract is not approved by the City
Commission of the City of Delray Beach within fifteen business (15) days from the
date the Seller signs this Contract, then this Contract will be null and void and
of no further force or effect.
C. This purchase is in lieu of eminent domain. The parties believe that
this transaction is exempt from documentary stamp tax pursuant to Fla. Admin.
Code Ann. r. 12B-4.013, however in the even~ the obligation for documentary stamp
~ax is determined and assessed, the Seller agrees to be responsible for the same
and to indemnify, save, and hold the Buyer harmless for such taxes.
D. Early Closing: Notwithstanding the provisions set forth in Section V
of the Contract, Sellers elect to close fifteen (15) business days following the
date of delivery to the Buyer of the executed Ccntract and a copy of all mortgage
account information re!a~ive to any mortgages Seller may have on the subject
property.
Seller hereby acknowledges that they have delivered the executed Contra~t for
Sale a.~d Purghase and provided the mortgage payment information on =his _~_ day
If you wish to el~t~is early closing option, please
initial here: ,i /f, ~ -
E. Purchase Price Adjustment: The Buyer hereby agrees that in the event
it shall have entered ~nto any voluntary contract outside of eminent domain for
~he purchase of another property within the Breezy Ridge Estates subdivision
prior to the closing of this purchase and sale and such other contract would
provide a purchase price as defined In Article II.-of ~he Contract for Sale and
Purchase which is greater than thirty percent (30%) above the appraised value of
such other property according ~o a bonaflde appraisal acceptable ~o the Buyer
(the "Other Contract"), the Buyer shall increase the purchase price for the
property which is the sub]ecZ of this Contract to reflect the same percentage
variance above appraised value agreed to be paid ~n such Other Contract.
F. Property Excluded: The following appllances, improvements, and
fixtures located in or on the subject property are hereby excluded from the sale
and will be removed when we vacate the premises:
G. Post-Closing Occupancy: The undersigned Sellers hereby elect to
continue to occupy the property after closing as a Tenant under a lease agreement
with the Buyer to be signed at c[Ds~ng ~n form substantially as attached hereto,
which lease will provide for the s~ght to occupy the premlses until November 1,
2002, at no rent. Further, provided that in the event the undersigned Seller has
entered into a lease with the School Board of Palm Beach County on or prior to
November 1, 2002, which lease is acceptable to the School Board of Palm Beach
County and provides for the Seller's right to continue to occupy the premises
after the conveyance of the property by the Buyer to the School Board of Palm
Beach County, the Seller shall have the right to continue occupancy after
November 1, 2002 under the lease with the Buyer until the earlier of: December !,
2002, or the conveyance of the sub3ect property by the Buyer to the School Board
of Palm Beach County.
option, please initial here: ,!
H. Relocation Benefit: The Buyer hereby acknowledges that if the
subject property is occupied as of the date of closing, the occupant will receive
a relocation benefit in the amount of One Thousand Five Hundred Dollars
($1,500.00), to be paid by the Buyer to the occupant upon the occupant vacating
the subject property.
BUYER'S INITIALS:
SELLERS' INITIALS:
STANDARDS FOR REAL ESTATE TRA/~SACTIONS
A. EVIDENCE OF TITLE: [1)~n ab~ r%c~ of -~t!~ prepared or brought current D ~ reputable and exls=lng aDsc tact flr- -f ncc
ex,sting then Cert~fled as correct Dy an exLsT~ng ~.r-, purporTLng To De an accurate ~'/nopsls Of ~e _ns~rumen~s af~ect.~g ~i~ie
~o Real Property recorded ~ ~he ~u~llc records of the county wherein Real Proper~ ~s located, ~hroug~ EffecTive Da~e iT shall
commence wl~h =he earlLest pL~DiIC r~cords, or such later dace as may De customar? ~n ~he county Upon c!oslng of thls Contract the
abstract shall become the property of Buyer, subject Ts T~e right Of retention Thereof by flrsc mortgagee uncll full? pals
forth ~n Contract Marketable ~tle s~all be de~e.-m~ne= according TO applicable T~le S~andards adopted Dy authority of The ?Iorlda
speclfylng de~ect($; If ~he defect(s) render title hnmarZe=able, Seller wz!l have 30 days from recezp= of no~ce to remove The
defect(s), ~alllng which Buyer small, wz=~zn fzve ,5} days after expzra~zon of The =nzr=y (30) day perlod, deliver wrz==en no=zce
:o remove =he defects, or (2)requestlng a refund of ceDosz={s) bald wnzch shall z~edla=ely De returned ~o Buyer ~f Buyer fazis
:o so noilly Seller, Buyer s~all De dee~d ~o have acreDted =he =z=ie as ~= =hen ~s Seller shall, if =~=le zs found
use d~l~gen= error= ~o correct defect(s) zn =lzle w._ ~ =~e time provzded therefor If Seller ~s .haOle ~o =zmely correct
defects, Buyer shall el=her wazve =~e defects, or rece_= = refund of deposz=(s), ~ereby releaszng Buyer and Seller from all far%net
B. S~V~Y: Buyer, a~ Buyer's expense, w~hzn ~me allowed ~o ael~ver evzdence of ~zle, may have Real ~ro~er~y su~'eyed and
gove~mentat regula~lon, =he same shall cons=l=uue a =l:le defect
C ~SS ~ ~SS: Selle~ warrants and re~resen:s uha~ ~here ~s ~ngress and egress ~o ~he Real Proper~y sufficient ~or ~he
D. LZ~S: Seller shall ~urn~sh ~o Buyer a~ ~:me of c!os~ng an af~:dav~ a~=es:~ng ~o ~he absence, unless o~e~se ~rovlded ~or
no ~rove~n~s or repairs =o Properzy for 90 days ~edla=ely preced&ng date of c!os~ng. If Property ha~ been l~roved, or r~Dalred
suppliers, and ~erlalmen ~n addition ~o Seller's llen affldav~= se~lng forth the names of all such general contrac:or~,
~. ~C~ O~ CLO~G: Closlng shall be held ~n =he ~unty where Real Proper~y ~s located, at uhe o~flc~ of the attorney
Buyer
P. T~: In C~u:ln9 ~lme Derlods of l~ss than s~x ~6) days, Sa~urdays~ Sundays and sta~e or na~lonal legal holidays ~nall De
excluded. ~y ==me periods provided for hereln w~cn shall end on Saturday, Sunday or legal ho!~day s~al! ex:end to 5 00
~a~e) are ~o De bald ~y Seller PendLng l~ens as o~ da~e o~ closing s~a!l be assumed by Buyer If ~he Lm~rovemen~ has Peen
of %he assessed valuaclon o~ =~e Property so damaged, cos~ of res=orat~on shall be an o~!lga~lon o~ =he Seller and closing shall
K. ~ROCEEDS OF SALE, CLOSING PROCED~E T~e deec shall be recorded upcm clearance of ~umds If an abstract of tl~le has Peen
~ou.c render Seller's zlLle ~n~rketao~e from =ne ~ate c~ %ne las~ evidence ~.I closing proceeds s~a!l be held In escrow by Seller's
ail depos:tls) shal., upon written demand by Buyer and w[~p~n 5 dads after demand, De returned to Buyer and s[multaneousiy -~th such
reoayment, Buyer shall return Personalty and vacate Real Property and reconvey :ne Property to Seller by special warrant~ deed ,]nd
bill Of sale If Buyer falls to make timely demand for refund, Buyer shall take title as zs, waiving all rights against Seller as
to any l~tervenzng defect e~cept as may be available to Buyer by /.true of warranties Conta~ed in ~he deed or bill of sale If
port.on of ~e p~rchase price is to be derived from institutional f~a~cl~g or refl~anclng, requirements of the leading
as to place, time of day and procedures for closing, and for dls~ursement of m~rtgage proceeds shall control o~er contrary prov~slOn
in this Contract Seller shall have the right to require from t~e lendln9 lnstitutlo~ a written co~nltment t~at It w~ll not withhold
dlsD~rsement O~ ~ftgage ~roceeds as a result ot a~y :ltle defect a:tr~utaDle ~o Buyer-~r~gagor The escrow a~G closl~g
re. Ired by tAls Standard ~y De waived ~f tl:le age~: 1Rs~res adverse ~t:ers ~ursuan: :0 ~ecslo~ 627 784!, F S , as amended
L. ESCROW: ~y escrow agen~ ("Aq~',) recelvlng funds or e~Ivale~ Is authorized and agrees Dy acceptance of them ~0 deposit
=hem ~romp~ly, hold same in escrow and. s~]ect =0 clearance, disburse =hem ~n accordance w~c~ te~s and condl=lons of Con~rac~
Fallure of clearance of funds shall not excuse Buyer's perfo~nce !f ~n do~c as =o Agent's du~es or l~ab~li~%es under
p~ov%slons of Contract, Agen= ~y, a= Agent's o~=lon, con~lnue to hold the s~]ec= ~t:er of =he escrow until ~he part~es hereto
suc~ ac:ion, all lz~l~=y on =~e pal= o~ Agent s~all ~ul!y %erm~na=e. excep~ ~0 =he ex~ent of accounting ~or any ~ems previously
delivered out of escrow If a llce~sed real estate broker. Agent wlil comply wi%h provlslonm of Chap=er 475, F S , as amended
sux= be=ween Suyer and Seller where Agent ~s ~de a par%y because of ac%~ng as Agenu here~der, or :n any su~% whereln Agent
Ln=e~leads %he s~]ec: ~==er of =he escrow, ~ent s. -ii recover reasonable a=:orneys' fees and costs 1ncurred w~h %~ese
=0 ~e pa~d from an~ out of ~he escrowed f~ds or e~va_ ~% and c~arged and awarded as court costs ~n favor of =~e preva1!lng
The ~en= shall nog be l~aDle =0 amy party or person for ~.sdel~ve~ :0 Buyer or Seller of ~=ems ~]ec~ =0 ~hls escrow, un!e~s such
M. ~ ~S; ~STS: I0 any l~tlga:lon. ~nclud%ng breach, enforcement or ~n%e~retatxon, arising ou~ o~ =h~s Con=rac~,
Drevalllmg 9arty in such llc%ga~lon which, ~or ~he purposes of =bls S~andard, shall lnclude Seller. Buyer, and any brokers acting
in agency or nonagency rela=lonsh~Ds au=horlzed Dy Chap=er 475, F S , as amended, shall be entitled =0 recover from =~e non-
prevailing party reasonaDle attorney's fees, cos=s, and expenses
N. FAIllE OF P~~: If Buyer falls ~o perform ~h~s Con~ract w~t~n ~he ~me specified (including pa~en~ of all
deposit(s)), ~he de~sl~(s} paid by Buyer and deposit(s; agreed =o De pa~d, ~y be recovered and re=alned Dy or for =he account of
Seller as agreed upon II.Ida=ed daises, cons~derazlon for uhe executlon of =hl~ Con=tact and In full settlement of any claims,
w~ereupon, Buyer ~d SelLer s~ll be relieved of all oBl~ga=~ons under Con~ract. or Seller, a= Seller's op~on, ~y proceed ~n
a~=er d=l~en= e~or:, Seller ga~ls, n~lec=s or re~uses co per~o~ ~h~s Con=rac=. ~he Buyer ~y seek specific per~o~nce or elect
:o recelve =he re:urn of Buyer's deposit(s) wi=hour ~ereby walvlng any ac:lo~ ~or daises resul=1~g from Seller's Dreac~
O. CO~ N~ RE~; PERSONS BO~; NOTI~: Neither =h:s Con=rat= nor any no~ce of ~= shall be recorded in any publlc
records ThAs Co~==ac= shall band and inure ~o ~he Denefl= of ~he paroles and =belt successors in interest Whenever =~e co~=ext
pe~/=s, sln~lar shall xnclude plural and One gender shall lnc!ude all NOClCe glven by or ~o =he a==orney for any par=y shall be
as effective as 1~ g~ven Dy or =o ~ha= 9ar~y
P. ~~: Selle~ shall Convey ~cle ~o Real Property by warranty deed, ~]ec~ only ~o ~=~er~ contained =n ~
and =hose other%se accepted by Buyer Personal Property shall, a= re~es~ of Buyer. De transferred by an ~soluue b~ll o~ sale w1~h
warranty of ==tie. s~]ec= only =o such ~==ers as ~y be o=he~se ~rov~ded for hereln.
Q. ~ A~S: NO ~rzor or presen~ agreements or representations shall be b~nd~ng upon Buyer or Seller ~nless ~ncluded
=~ls Con=rat:. No ~dlflca=lon or c~nge In =h~s Con=rac~ s~all De valld or _.ndlng upon ~he paroles unless Ln wrL=l~g and executed
bF =he 9arty or part~es Ln~ended ~o be bo~d Dy ~u
R. W~IES: Seller warrants Chac ~here are no fac=~ k_no~ =o Seller ~=erlal!y affec=lng =he value of =he Property which are
no~ readAly o~se~able Dy ~uyer or w~lch have hOC oeen dl~c~osed ~o Buyer
LEASE
THIS LEASE, is made by and between CITY OF DELRAY BEACH, hereinafter
called "Landlord," whose address is 100 N.W. First Avenue, Delray Beach,
Florida 33444, and
, hereinafter called "Tenant."
W I T N E S S E T H:
In consideration of the faithful performance of all covenants,
agreements and conditions herein contained, on the part of the Tenant to
be kept, done and performed, the said Landlord does hereby lease to the
Lessee the following descr!bed property:
Single family residence _ocated at
. , Delray Beach, Florida.
its "as is" condition.
Said property to be in
TO HAVE AND TO HOLD the same until November 1, 2002, at no rent.
Further, provided that in the event the Tenant has entered into a lease
with the School Board of Palm Beach County on or prior to November 1,
2002, which lease is acceptable to the School Board of Palm Beach County
and provides for the Tenant's right to continue to occupy the premises
after the conveyance of the property by the Landlord to the School Board
of Palm Beach County, the Tenant shall have the right to continue
occupancy after November 1, 2002, under the Lease with the Landlord until
the earlier of: December 1, 2002, or the conveyance of the subject
property by the Landlord to the School Board of Palm Beach County.
NOTICE TO TENANT (Pursuant to Chapter 83, F.S.)
A. Landlord designates SUSAN RUBY, ESQ., of the City Attorneys'
Office, 200 N.W. First Avenue, Delray Beach, FL 33444, as the person
authorized on its behalf to receive all notices and demands of Tenant.
THE TENANT FURTHER COVENANTS AND AGREES AS FOLLOWS:
1. Not to use or permit to be used the premises for any illegal,
immoral or improper purposes.
2. Not to make or permit any noise, disturbance or annoyance
whatsoever detrimental to the premises or to the comfort and peace of
neighboring residents.
3. The parties agree that the premises, including lawn and
plantings, and pool (if applicable), shall be continuously maintained in
good condition by the Tenant, including but not limited to air
conditioning and heat, appliances and/or appliance service contract,
interior pest extermination (if desired), lawn & plantings, lawn pest
control, bul!ding exterior, building lnter~or, pool and equipment/pool
service, and that the obligation and cost of maintenance shall be borne
by the Tenant.
4. Ail charges for utilities services during the term of this
Lease, ~ncluding but not l~mted to electric, telephone, gas/fuel, sewer,
water, and refuse collection, shall be payable by the Tenant.
5. The Tenant assume full and complete risk of loss and injury to
themselves and others which may result from the occupancy of the subject
premises pursuant to this Lease and in consideration of such tenancy, the
Tenant agrees to indemnify, save, and hold the Landlord harmless from any
and all liability, costs, claims, expenses, or damages of whatsoever
nature including defense costs, attorneys' fees, and administrative
costs.
6. Tenant shall delive- up possession of the premises at the end
of the term in as good condit!on as they now are, ordinary wear and tear
excepted; Tenant acknowledges prior inspection of the premises and finds
same to be in good condition except as hereinafter noted.
7. Tenant agrees that Landlord shall have the right, upon
reasonable notice, to inspect the premises and to show the premises to
prospective Tenants or Purchasers.
8. Tenant agrees to pay the cost of repairing any and all damage
to the premises occasioned by Tenant or any other party during the term
of this Lease, including the cost of removing foreign substances from
toilets and sinks.
9. Tenant covenants and agrees that the premises shall not at any
time be occupied by more than one family or persons without
written approval of the Landlord.
10. DEFAULT: Tenant's default in the performance of the covenants
and conditions hereunder shall immediately constitute Tenant as a tenant
at sufferance and, in such event, Tenant waives all right of notice to
vacate said premises, and the Landlord shall be entitled to re-enter and
retake possession of the premises immediately and without liability for
such action.
11. Tenant agrees to pay all court costs and reasonable attorney's
fees which may be pa~d or incurred by Landlord or Landlord's agent
enforcing the covenants, conditions, agreements and obligations of this
Lease in the event of Tenant's default hereunder.
12. This Lease contains the entire agreement of the parties and
supersedes any and all prior agreements between them. This Lease shall
be binding upon the benefit of the parties, their Personal
Representatives, successors and assigns.
13. Tenant shall not assign the Lease, or sublet the premises or
any part thereof, or permit the premises or any part thereof to be used
or occupied by anyone other than Tenant or members of Tenant's immediate
family, without zhe prior written consen~ of Landlord.
14. Tenant is hereby prohibited from making any improvements to the
subject real property other than pursuant to its repair and maintenance
and obligations as described herein and in the event a Claim of Lien
shall be recorded against the subject property as a result of any of
Tenant's actions and such Lien shall not be discharged of record within
ten (10) days thereafter, the Tenant shall be deemed to be in default
pursuant to the terms of this Lease.
IN WITNESS WHEREOF, the par~ies hereto have executed this Lease the
day and year first above written.
BY SIGNING THIS RENTAL AGREE'~ENT THE TENANT AGREES T~IAT UPON SURRENDER
OR ABANDONMENT, AS DEFINED BY THE FLORIDA STATUTES, THE LANDLORD SHALL
NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF T~E-TENANT'S
PERSONAL PROPERTY.
WITNESSES:
LANDLORD:
;ks ~o Landlord (2 required)
CITY OF DELRAY BEACH
By:
Printed Name:
Title-
As ~o Tenant (2 required) TENANT:
CONTRACT FOR SALE ~ PU~CF~ASE
PARTIES: M~LAGROS OCASIO, a single woman, ("Seller") , of 33 N-W 23rd Avenue, Delray
Beach, FL 33445, (Phone: 272-6340), and the CITY OF DELi~AY BEACH, a Florida
municipal cozl~oration,("B/~"), of 100 N.W. lsZ Avenue, Delray Beach, FL 33444
(P~one: $61-243-7000), hereby agree chat the Seller shall sell and Buyer shall
buy the following described Real Property and Personal Property (collectively
"~") upon the following terms and conditions, whlch INCLUDE the Standards
for Real Estate TransactIons ("$_~") on the reverse s~de hereof or
a~tached hereto and riders and any addenda to this Contract for Sale and Purchase
DESCRIPTION:
{a) Legal description of the Real Property located ~n Palm Beach County,
Florida:
Lo~ 13, Replat of Pa-~ of Breezy Ridge Estates, according to the map
or plat ~hereof as ~corded in Plat Book 24, Page 116, Public
Records of Palm Beach iounty, Florida
Property Control No.:12-43-46-!8-02-000-0130
(b) Street address, city, zip, of the Property is: 33 N'W 23rd Avenue,
Delray Beach, Florida
II. P~IRCHASE PRICE:
PA~:
(a)
Deposit(s) paid within three (3)
business days following the Effective
Date of this Contract, to be
held in escrow by Rober~ W. Federspzel,
P.A. Trust Account in the amount of
$ 1,000.00
(b)
Balance to close (U.S. cash, attorney ~rust
account check, LOCALLY DRAWN certified or
cashier's check, or wire transfer) subject
adjustments or proration
Total $169,000.00
III.
IV.
TIM]~ FOR ACCEPTANCE; EFFECTIVE DATE; FACSimILE: If this offer is not
executed by and delivered to all part~es OR FACT OF EXECUTION communicated
in writing between the parties prior ~o such offer being withdrawn by the
first party signing, ~he deposit(s) will, at Buyer's option, be returned
and this offer withdrawn. The date of Contrac~ ("Ef~cn~ve Date") wll! be
the later of the date when the last one of the Buyer and the Seller has
s~gned this offer or the date the C~ty Commisszon of the City of Delray
Beach approves thzs Con~ract. A facszmzle copy of thzs Contract and any
sIgnatures thereon shall be considered for all purposes as originals.
TITLE EVIDENCE: AZ leas~ 30 days from the effectzve dane, (CHECK ONLY
O~E) : ~Seller shall, az Seller's expense, deliver to Buyer or Buyer's
attorney, OR ·Buyer shall az Buyer's expense obtain (CHECK ONLY ONE):
[abstract of title or ·tmtle mnsurance commitment (w~th legible copies
of mnstrumencs lmszed ds exceptions a~ached thereto) and, after closing,
an owner's policy of ~l~le insurance.
Vo
CLOSING DATE: This transaction shall be closed and the warranty Deed and
other closmng papers delivered on the second Thursday foIlowmng the
expiration of the feaslbllmty study period as provided for in Section
XI(A), unless modified by ocher provmslons of Contract.
VI.
RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to:
comprehensive land use plans, zoning, restrmcclons, prohibitions and ocher
requirements imposed by governmental authority; restrictions and matters
appearing on the plat or otherwise common ~o the subdivision; public
u~ili~y easements of record (easements are to be located contmguous co
Real Property l~nes and not more than 10 feet in w~dth as to ~he rear or
front lines and 7-I/2 fee~ I width as to the side lines, ~nless otherwise
stated herein); taxes for ar of closmng and subsequen~ years; assumed
mortgages and purchase mone, ~ortgages, if any (if additional mtems, see
addendum); provided that there ex~sts az closing no violation of the
foregoing.
VII.
OCCUPANCY: Seller warrants there are no paroles in occupancy other than
Seller. Seller shall deliver occupancy of Property co Buyer ac time of
closing unless otherwise staced herein. ~f occupancy ms Co be delivered
before closing, Buyer assumes all rzsk of loss to Property from daze of
occupancy, shall be responsible and liable for maintenance from thac date,
and shall be deemed ~o have accepted Property in its existing condlc~on as
of time of taking occupancy unless otherwise stated herein.
VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
provisions, riders and addenda shall control all printed provisions of
this Contract in conflict with them.
IX.
ASSIGNABILITY: (CHECK ONLY ONE) : Buyer (1) · may assign and thereby be
released from any further !iab~lity under this Contract; []may assign buc
not be released from llabi!izy under this Con,race; or ~may nou assign
=his Contract.
DISCLOSURES:
(a) ~adon
(b)
is a naturally occurring radioactive gas ~hat, when
accumulated in a building in sufficient quan~itmes, may presen~
health risks co persons who are exposed Zo iZ over time. Levels of
radon that exceed federal and s~ate guidelines have been found in
buildings mn Florida. Additional information regarding Radon or
Radon ~esting may be obtained from your County Public Hea!~h unit.
Buyer may have determined the energy efficiency rating of the
residential building, if any is located on the Real Property.
SPECIAL CLAUSES; ADDENDA: If additional ~erms are zo be provmded,
attached addendum and CHECK HERE ·.
CITY OF DELP. AY BEACH
By:
Tax ~D No. 59-6000308
Mifagro~Ocasio Date
Social Security
Deposit(s) under Paragraph II (a) received; IF OT~ER TF, AN CASH, THEN SUBJECT TO
CLEA~CE: ROBERT W. FEDERSPIEL, P.A.
Sy:
ADDE1TDUM TO CON'TRACT FOR SALE AITD P~CHASE
SELLER:
MILAGROS OCASIO, a slngle woman
BUYER:
PROPERTY ADDRESS:
CITY OF DELRAY BEACH, a Florida municipal corporation
33 NW 23rd Avenue, Delray Beach, FL 33445
SPECIAL CLAUSES; ADDENDA (Continued) :
A. The Buyer shall have twelve (12) business days followlng the approval
of chis contracc by the City Commission as set forth in ~ below within
which to conduct any and all feasibility studies and determinacions relative to
the suitability for the acquisition of ~he subject property by the Buyer and the
Buyer reserves the express right to terminate this Contract ac any time during
said period for any reason or no reason, in Buyer's so~e discretion, whereupon
Buyer shall receive a full refund of all deposit monies paid hereunder. Buyer
shall be granted reasonable access co the premises to conduct such feasibility
studies and determinations, including environmental assays, core drilling,
surveys, soil sampling and othe. such testing.
B. This Contract is expuessly contingent and conditioned upon the
approval of the same by the City Commission of =he City of Delray Beach within
fifteen (15) business days from ~he date the Seller signs this Contract, and this
Con~rac~ shall expressly hoc be deemed an "offer" by the Buyer for any purpose
unless and until the said City Commission shall have approved and accepted said
Contrac~ in open session. If this Contract is not approved by the City
Commission of the City of Delray Beach within fifteen (15) business days from the
dace the Seller signs this Contract, then this Con~rac~ w~ll be null and void and
of no further force or effect.
C. This purchase is in lieu of eminen~ domain. The parties believe that
~his ~ransacZion is exempt from documentary scamp tax pursuan~ to Fla. Adm~n.
Code Ann. r. 12B-4.013, however in the event the obligation for documentary scamp
tax is de~ermined and assessed, the Seller agrees to be responsible for ~he same
and to indemnify, save, and hold the Buyer harmless for such taxes.
D. Early Closing: Notwithstanding the provisions set forth in Section v
of the Contract, Sellers elect co close fifteen (15) business days following the
date of delivery to the Buyer of the executed Contract and a copy of all mortgage
account information relative to any mortgages Seller may have on the subject
property.
Seller hereby acknowledges =ha= they have delivered the executed Contract for
Sale and Purchase and provided the mortgage payment information on this .... day
of , 2002.
If you wish to elect this early closing option, please
here:
E. Purchase Price Adjustment. The Buyer hereby agrees that In the even~
it shall have entered into any voluntary contract outside of eminent domain for
the purchase of another property within the Breezy Ridge Estates subdivision
prior to =he closing of ~his purchase and sale and such o~her contract would
provide a purchase price as defined ~n Article II. of the Contract for Sale and
Purchase which is greater ~an thirty percent (30%) above the appraised value of
such other property according to a bonaflde appraisal acceptable to the Buyer
(~he "Other Contract"), ~he Buyer shall ~ncrease the purchase price for the
varLance above appraised value agreed to be pa~d Ln such Other Contract
F. Property Excluded: The following appliances, ~mprovemenCs, and
fixtures located in or on the subject property are hereby excluded from the sale
and will be removed when we vacate ~he premises:
G. Post-Closing Occupancy: The undersigned Sellers hereby elect Co
continue to occupy the property after closing as a Tenant under a lease agreement
with the Buyer Co be signed ac c_ ;~ng in form subscant~a!ly as attached hereto,
which lease w~ll ~rov[de for the ~ ~ht to occupy the premises until November I,
~002, at no ren~. Further, prov~d~c ~hat ~n the even~ ~he undersigned Seller has
entered inco a lease wick the School Board of Palm Beach County on or prior to
November l, 2002, which lease is acceptable to the School Board of Palm Beach
County and provides for the Seller's right Co continue co occupy the premises
af=er Che conveyance of the property by the Buyer co the School Board of Palm
Beach CounCy, the Seller shall have the right zo continue occupancy after
November 1, 2002 under Che lease with the Buyer until the earlier of: December 1,
2002, or the conveyance of the subject property by the Buyer co the School Board
of Palm Beach Councy.
you wish ~~ chis post-closing occupancy option, pleasel
initial here:
H. Relocation Benefit: The Buyer hereby acknowledges ~hac if the
subject proper~y is occupied as of the dace of closing, the occupan~ will receive
a relocation benefit in the amoun~ of One Thousand Five Hundred Dollars
($1,500.00), =o be paid by ~he Buyer to ~he occupan~ upon the occupant vacating
the subjec~ property.
I. Notwithstanding any provisions o~ thi~'conCraac~ to the contrary,
Seller hereby agrees co pay the documentary s~amp tax and recording costs for all
corrective instruments of ~icle required ~o vest fee simple ~it!e ~n her.
BUYER' S INITIALS:
SELLERS' INITIALS:
STANDARDS FOR REAL ESTATE TRA/~SACTIONS
· Ds~rac~ shall ~eCome the ~Oper~¥ of
~orta %n Concrac~ Marketable ~le $~all be de~erm%ned accord:ng ~o a~p~cable T~c!e Standards adopted o¥ au~ho~:~y of The FLorida
s~ec~y:ng de,eot(s) Z~ ~he de~eC={s) ~ender ~le unmarketable. Seller w~ll ha~e 30 day~ ~rom rece~ of noc~oe ~o re~ove ~ne
oDi~ga~:on unde~ ch=s Con=race
them pcomp:ly, hold same :~ escrow and, sub]er: co clearance, d:sburse :hem La accordance w[:~ :erms a~d condlc:ons of C~ncrac:
suc~ ac:ion, all 1La~l&:y on C~e par: of Agen~ shall fuily terminate, exce~c :o :he excen~ of accounting for any [~ems
delivered ouc of escrow ~f a Licensed real estate broker. Agen~ w~~l comply ~:~ provisions of Chap:er ~5, ? S,, as amended
su=: ~e:ween Buyer and Seller w~ere Agent :s made a party oecause of ~cci~g as %~en~ hereunder, or .n ~ny suit
The Agent shall ~oc be L~a~ie :o a~y pa£~y or person for ~i~ve~£ :o ~uyer or Seller of %~ems s~]ecl zc c~.$ escrow
mLsdel:very :s due :o willful breech of Con:fac: or gross negligence of Agen:
M. ATTOP~Y F~S; COSTS: In any Litigation, Lncludzng breach, enforcemen~ or :~cerprecaclon, ar:sing ouc of chis Contra::, :he
:n agency or nonagency relationships author:zed by Chap:er 475, ? S., as amended, shall be enc:cLed :o recover from :ne non-
prevailing par:y reasonable ac:orney's fees, cos:s, and expenses
N. FAZ~CR~ OF ~ERFORMANCE: [f Buyer falls ~o ~erform chis Con:fac: w~:nin :~e cLme specified ,.ncLudLng ~aymenc Of all
de~osL:(s)), ~he deposit(s) pa~d by Buyer and deposit(s) agreed co be paid, ~ay De recovered and retained oy or for :he accoun~ of
after d&l~gen~ effort, Seller fails, n~lec:s oc refuses co ~erfo~ ~h~s Con:rac~, :he Buyer may see~ specific 9er~or~nce or elec~
co receive :~e re:urn o~ Buyer's deposL={s) w::~ou= u~ereoy wa:ring any ac:~on ~or damages ~esu!c~ng ~=om ~eiler's breac~
P. ~X~: Seller s~al! convey z~:le zo ~eaL ~rope~:y by warran:y deed. ~uD]ec~ only ~o ~a::ers :o~:a:ned ~n
.warran:y of :~:!e, subject only :o suc~ ~c:er~ as ~y be o:herw~se provided for
LEASE
THIS LEASE, is made by and between CITY OF DELRAY BEACH, hereinafter
called "Landlord," whose address is 100 N.W. First Avenue, Delray Beach,
Florida 33{44, and
· hereinafter called "Tenant."
WI TNE S SETH:
In consideration of the faithful performance of all covenants,
agreements and conditions herein contained· on the part of the Tenant to
be kept, done and performed, the said Landlord does hereby lease to the
Lessee the following described property:
Single family residence located at
· Delra.~ Beach, Florida.
its "as is" condition.
Said property to be in
TO HAVE AND TO ~OLD the same until November 1, 2002, aC no rent.
Further, provided that in the event the Tenant has entered into a lease
with the School Board of Palm Beach County on or prior to November 1,
2002, which lease is acceptable to the School Board of Palm Beach County
and provides for the Tenant's right to continue to occupy the premises
after the conveyance of the property by the Landlord to the School Board
of Palm Beach County, the Tenant shall have the right to continue
occupancy after November 1, 2002, under the Lease with the Landlord until
the earlier of: December 1, 2002, or the conveyance of the subject
property by the Landlord to the School Board of Palm Beach County.
NOTICE TO TENANT (Pursuant to Chapter 83, F.S.)
A. Landlord designates SUSAN RUBY, ESQ., of the City Attorneys'
Office, 200 N.W. First Avenue, Delray Beach, FL 33444, as the person
authorized on its behalf to receive all notices and demands of Tenant.
THE TENANT FURTHER COVEN2LNTS AND AGREES AS FOLLOWS:
1. Not to use or permit to be used the premises for any illegal,
immoral or improper purposes.
2. Not to make or permit any noise, disturbance or annoyance
whatsoever detrimental to the premises or to The comfort and peace of
neighboring residents.
3. The parties agree that the premises, including lawn and
plantings, and pool (if applicable), shall be continuously maintained in
good condition by the Tenant, including but not limited to air
conditioning and heat, appliances and/or appliance service contract,
interior pest extermination (if desired), lawn & plantings, lawn pest
control, building exterior, building interior, pool and e.cuipment/pool
service, and tha~ ~he obligation and cost of maintenance shall be borne
by ~he Tenant.
4. Ail charges for utilities services during the cern~ of this
Lease, including but not limted to electric, telephone, gas/fuel, sewer,
water, and refuse collection, shall be payable by the Tenant.
$. The Tenant assume full and complete risk of loss and injury to
themselves and others which may result from the occupancy of the subject
premises pursuant to this Lease and in consideration of such tenancy, the
Tenant agrees to indemnify, save, and kold the Landlord harmless from any
and all liability, costs, claims, expenses, or damages of whatsoever
nature including defense costs, attorneys' fees, and administrative
costs.
6. Tenant shall deliver up possession of the premises at the end
of the term in as good conditic ~ as they now are, ordinary wear and tear
excepted; Tenant acknowledges prior inspection of the premises and finds
same to be in good condition except as hereinafter noted.
7. Tenant agrees that Landlord shall have the right, upon
reasonable notice, to inspect the premises and to show the premises to
prospective Tenants or Purchasers.
8. Tenant agrees to pay the cost of repairing any and all damage
to the premises occasioned by Tenant or any other party during the term
of this Lease, including the cost of removing foreign substances from
toilets and sinks.
9. Tenant covenants and agrees that the premises shall hoc at any
time be occupied by more than one family or persons without
written approval of the Landlord.
10. DEFAULT: Tenant's default in the performance of the covenants
and conditions hereunder shall immediately constitute Tenant as a tenant
at sufferance and, in such event, Tenant waives all right of notice to
vacate said premises, and the Landlord shall be entitled to re-enter and
retake possession of the premises immediately and without liability for
such action.
11. Tenant agrees to pay all court costs and reasonable attorney's
fees which may be paid or incurred by Landlord or Landlord's agent
enforcing the covenants, conditions, agreements and obligations of this
Lease in the event of Tenant's default hereunder.
12. This Lease contains the entire agreemen~ of the parties and
supersedes any and all prior agreements between them. This Lease shall
be b~nding upon the benefit of the parties, their Personal
Representatives, successors and assigns.
13. Tenant shall not assign the Lease, or sublet the premises or
any part ~hereof, or pe?mit the premises or any part ~hereof zo be used
or occupied by anyone other than Tenant or members of TenanU's ~mmediate
family, without the prior written consent of Landlord.
14. Tenant is hereby prohibited fro~ making any improvements to the
subject real property other than pursuant to its repair and maintenance
and obligations as described herein and in the event a Claim of Lien
shall be recorded against the subject property as a result of any of
Tenant's actions and such Lien shall not be discharged of record within
ten (10) days thereafter, the Tenant shall be deemed to be in default
pursuant to the terms of this Lease.
IN'WITNESS WHEREOF, the parties hereto have executed this Lease
day and year first above wri=ten.
BY SIGNING THIS RENTAL AGREEMENT TKE TENANT AGREES THAT UPON SURRENDER
OR ABANDONMENT, AS DEFINED BY TR~ FLORIDA STATUTES, THE LANDLORD SHALL
NOT BE LIABLE OR RESPONSIBLE FOE STORAGE OR DISPOSITION OF THE TENANT'S
PERSONAL PROPERTY.
WITNESSES:
As =o Landlord (2 required)
CITY OF DW-LRAY BEACH
By:
Printed Name:
Title:
As =o T~na_nt (2 required) TENANT:
Milagro Ocasio
Items that
I.
:2.
3.
we are requiring to take along with us.
Window Treatments
Doors, including locks, doorknobs...
Closet Shelving
Ceiling Fans
5. Hurricane Shutters
6. Light Fixtures
7. Sinks
8. Mirrors
9. Faucets
10. Toilet Bowl
1 l. Shower Glass Doors
12. Medicine Cabinets
13. Cabinets
14. Counter Tops
15. Tub
16. Washer
17. Dryer
18. Water Heater
19. Refrigerator
20. Dishwasher
2t. Stove
22. Garbage Disposer
23. Marble on Windows
24. Sprinlders & timer
25. Fruit Trees
26. Roses, Orchids, herbs, ail Plants
27. Alarm System
28. Carpets
29. Padding
30. Windows
3 l. Sliding Door with timer
32. Air Conditioning System
CONTRACT FOR SAJ~E AND PURCHASE
P~RTIES: GEORGE WEINTRAUB and EVE WEINTRAUB, his wife, ("S~"), of 3510
Glenwood Court, Delray Beach, FL 33445, (Phone. 276-2804), and the CITY OF DELRAY
BEACH, a Florida municipal corporation, ("~Lhy_~") , of !00 N.W. 1st Avenue, Delray
Beach, FL 33444 (Phone: 561-243-7000), hereby agree that the Seller shall sell
and Buyer shall buy the following described Real Property and Personal Property
(collectively "~") upon the following terms and conditions, which INCLUDE
the Standards for Real Estate Transactions ("~.~") on the reverse side
hereof or attached hereto and riders and any addenda to this Contract for Sale
and Purchase
DESCRIPTION:
(a) Legal description of the Real Property located in Palm Beach County,
Florida:
Lot 36, Replat of Pa 'z of Breezy Ridge Estates, according to the map
or plat thereof as /ecorded in Plat Book 24, Page 116, Public
Records of Palm Beach County, Florida
Property Control No.:12-43-46-18-02-000-0360
(b) Street address, city, zip, of the Property Is: 10 NW 23rd Avenue,
Delray Beach, Florida
II. P~TRC~HASE PRICE: $!79.400.00
PAYMENT:
(a)
Deposit(s) paid within three (3)
business days following the Effective
Date of this Contract, to be
held in escrow by Robert w. Federspie!,
P.A. Trust Account in the amoun~ of
$ 1,000.00
(b)
Balance to close (U.S. cash, attorney trust
account check, LOCALLY DRAWN certified or
cashier's check, or wire transfer) subject to
adjustments or proration
~78.400.00
Total $179,400.00
III.
IV.
Tim FOR ACCEPTANCE; EFFECTIVE DATE; FACSIMILE: If this offer is not
executed by and delivered to all parties OR FACT OF EXECUTION communicated
in writing between ~he parties prior to such offer being withdrawn by the
first party signing, the deposit(s) will, at Buyer's option, be returned
and this offer w~thdrawn. The date of Contract ("~ff~ctive Date") w~ll be
the later of the date when the last one of the Buyer and the Seller has
s~gned this offer or the date the City Commlss~on of the City of De!ray
Beach approves this ConTract. A facsimile copy of this Contract and any
signatures thereon shall be considered for all purposes as originals.
TITLE EVIDENCE: A~ least 30 days from the effective date, (CHECK ONLY
ONE) : ~Seller shall, az Seller's expense, del~ver to Buyer or Buyer's
attorney; OR ·Buyer shall ac Buyer's expense obtain (CHECK ONLY ONE)-
~abstract of title or ·title Insurance commitment (wlth legible copies
of ~nstruments listed as exceptions attached thereto) and, after closing,
an owner's pol!cy of title insurance.
CLOSING DATE: This transaction shall be closed and the Warranty Deed and
other closing papers delivered on the third Wednesday following the
expiration of the feasiblllty study period as provided for in Section
XI(A), unless modified by ocher provisions of Contract.
VI.
vii.
RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to:
comprehensive land use plans, zoning, restrictions, prohibitions and other
requirements imposed by governmental authority; restrictions and matters
appearing on the plat or otherwise common to zhe subdivision; public
utility easements of record (easements are to be located contiguous to
Real Property !~nes and not more than 10 feet in width as to the rear or
front lines and 7-1/2 feet %n width as to the side lines, unless otherwise
stated herein); taxes for .ear of closing and subsequent years; assumed
mortgages and purchase money mortgages, if any (if addltionai items, see
addendum); provided that there exists at closing no violation of the
foregoing.
OCCumANCY: Seller warrants there are no parties in occupancy other than
Seller. Seller shall deliver occupancy of Property to Buyer at t~me of
closing unless otherwise stated herein. If occupancy is to be delivered
before closing, Buyer assumes all risk of loss to Property from date of
occupancy, shall be responsible and !~able for maintenance from that date,
and shall be deemed to have accepted Property in its existing condition as
of t~me of taking occupancy unless otherwise stated herein.
VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
provisions, riders and addenda shall control all printed provisions of
this Contract in conflict with them.
IX.
ASSIGNABILITY: (CHECK ONLY ONE): Buyer (1) · may assign and thereby be
released from any further liability under this Contract; ~may assign but
not be released from liability under this Contract; or ~may not assign
this Contract.
XI.
DISCLOSURES:
(a) Radon
(b)
is a naturally occurring radioactive gas that, when
accumulated in a building in sufficient quantities, may present
health risks to persons who are exposed to it over time. Levels of
radon that exceed federal and state guidelines have been found in
buildings in Florida. Additional information regarding Radon or
Radon ~esting may be obtained from your County Public Health unit.
Buyer may have determined ~he energy efficiency rating of the
residential building, If any ~s located on the Real Property.
SPECIAL CLA~SES; ADDENDA: If add~tiona! terms are to be provided,
attached addendum and CHECK HERE ·
CITY OF DELRAY BEACH
By:
Tax ID No. 59-6000308
Date
Eve Weintraub /Da:e
Deposit(s) under Paragraph II (a received; IF O~ER TF~A/~ CASH, THEN SUBJECT TO
CLF~CE: ROBERT W. FEDER3PIEL, P.A.
By:
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
SELLER.
GEORGE WEINTRAUB and EVE WEINTRAUB, his wife
BUYER:
PROPERTY ADDRESS:
CITY OF DELRAY BEACH, a Florida municipal corporation
10 NW 23rd Avenue, Delray Beach, FL 33445
XI. SPECIAL CLAUSES; ADDENDA (Continued):
A. The Buyer shall have twelve (12) business days following the approval
of this contract by the City Commission as set forth in ~ below within
which to conduct any and all feasibility studies and determinations relative to
the suitability for the acquisItion of the sub]ecu property by the Buyer and the
Buyer reserves the express right to terminate this Contract at any time during
said period for any reason or no reason, in Buyer's sole discretion, whereupon
Buyer shall receive a full refund of all deposit monies paid hereunder. Buyer
shall be granted reasonable access to the premises to conduct such feasxblllty
studies and determinations, Including environmental assays, core drilling,
surveys, soil sampling and other such testing.
B. This Contract is expressly contingent and conditioned upon the
approval of the same by the City Commission of the City of Delray Beach within
fifteen (15) business days from the date the Seller s~gns this Contract, and this
Contract shall expressly not be deemed an "offer" by the Buyer for any purpose
unless and until =he said City Commission shall have approved and accepted sald
Contract in open session. If this Contract Is not approved by the City
Commission of the City of Delray Beach within fifteen (15) business days from the
date the Seller signs this Contract, ~hen this Contract will be null and void and
of no further force or effect.
C. This purchase is in lieu of eminent domain. The parties believe that
this transaction is exempt from documentary stamp tax pursuant to Fla. Admin.
Code A mn. r. 12Bo4.013, however in the event the obligation for documentary stamp
tax is determined and assessed, the Seller agrees to be responsible for the same
and to indemnify, save, and hold the Buyer harmless for such taxes.
D. Early Closing: Notwmthstanding the provisions set forth in Section V
of the Contract, Sellers elect to close fifteen (15) business days following the
date of delzvery to the Buyer of the executed Contract and a copy of all mortgage
account information relative to any mortgages Seller may have on the subject
property.
Seller hereby acknowledges that they have deli'/ered the executed Contract for
Sale and Purchase and provided the mortgage payment information on this day.
of , 2002.
.....
; I if you wish to elecz this early closing option, please
I initia! here: ~ __~
E. Purchase Price Adjustment: ~The Buyer hereby agrees that in the event
it shall have entered into any voluntary contract outside of eminent domain for
the purchase of another property within the Breezy Ridge Estates subdivision
prior ~o the closing of th~s purchase and sale and such other contract would
provide a purchase price as defined ~n Article II. of the Contract for Sale and
Purchase which is greater than thirty percent (30%) above the appraised value of
such other property according to a bonaflde appraIsal acceptable to the Buyer
(the "Other Contract"), the Buyer shall increase the purchase price for the
property which is the subject of this Contract to reflect the same percentage
variance above appraised value agreed to be paid in such Other Contract
F. Property Excluded: The following appliances, improvements, and
fixtures located in or on the subject property are hereby excluded from the sale
and will be removed when we vacate the premises:
G. Post-Closing Occupancy: The unders!gned Sellers hereby elect to
continue to occupy the property after closing as a Tenant under a lease agreement
with the Buyer to be signed ac cl~slng in form substantially as attached hereto,
which lease will provide for the _~ghc to occupy the premises until November
2002, at no rent. Further, provided that in the event the undersigned Seller has
entered into a lease with the School Board of Palm Beach County on or prior to
November 1, 2002, which lease is acceptable to the School Board of Palm Beach
County and provides for the Seller's right to continue to occupy the premises
after the conveyance of the property by the Buyer to the School Board of Palm
Beach County, the Seller shall have the right to continue occupancy after
November 1, 2002 under the lease with the Buyer until the earlier of: December 1,
2002, or the conveyance of the subject property by the Buyer to the School Board
of Palm Beach County.
option, please initial here:
H. Relocation Benefit: The Buyer hereby acknowledges that if the
subject property is occupied as of the dace of closing, the occupant will receive
a relocation benefit in the amount of One Thousand Five Hundred Dollars
($1,500.00), to be paid by The Buyer to the occupan~ upon the occupant vacating
the subject property.
BUYER'S INITIALS:
SELLERS' INITIALS:
STA.WDA~DS FOR REi~L ESTATE TP~SACTIONS
A. EVIDENCE OF TITLE. (l~An ~ ~ r- ~ ~' '~ p~epared or brough: current b/ a repu~aDie an~ exlst~ng a~s~rac: ~.r- -~
ex:sting then cer~ifled as correct Dy an exist:ng f:rm~ purporting ~o De an accurate synopsis of the .nsurument~ a:fect.ng :~le
~o Real Property recorded ~n ~he public records of ~e count7 w~ere:n Real Property is loca~eO, t~rougn Ef~ectlve Date i~ shall
Commence wl=h the earliest ~Dl~C records, or su¢~ la,er date as ~ay De CUS~o~ry ~n ~he COUn~y Upon closl~g ot 5h.s Coniracc zhe
abstract shall become the proper~y of Buyer, sub]ec~ =o the f~ght of re~enclon ~ereof by f~rst mortgagee until fully pa_d
Buyer, a~ o~er's poLlcy of ~lcle lnsurance in =he amoun~ of ~he purcaase price, =nsurlng Buyer's tlt!e =o Real Property
only =o lxens, e~cu~rances, exceptlons or ~allflcaC.om provlde~ ~n th~s Concrac~ and c~ose w~lch ~nall be dlscharged Df Seller
at or before closlng Seller shall convey a ~rke~a~le c.=ie suD]ec% on!y ~o l~ens, encu~rances, excep~lons or ~ai=flca=~ons
forth ~n Contract Marketable ~=le shall be dece~ned according ~o ap~l~caDie T~:le Standards adopted by au=nor~{ of The Fiorlda
Bar and ~n accordance with law Buyer shall have 30 days, ~f aDs=rac~, or 5 days, ~f z:=!e co~l=ment, from da~e of receiving
evldence of t~tle to examine ~t If ~le ~s found defective, Buyer shall, ~:n~n 3 days chereaf~er, moclfy Seller :n writing
s~ec~fy~ng ~efec~(s) If ~he ~efect(s) render ~le unmarketable, Seller w~ll ~ave 30 days from receipt of no~ce co re~ove
~efect(s), fa~!ing w~c~ Buyer shall, w~h&n f~ve (5; days after expiration of :Be ~h~r~y (30) ~ay per~od, de!~ver wr~:~en no~ce
:o Seller e~ther (!) ex:end~n~ ~he t~ for a reasonable per:od no~ :o exceed 120 days w~:h~n whic~ Seller s~all use d:i~en: effor~
:o re.ye ~he defects, or (2)re~esc~ng a refund of depos~(s) pa~: ~n~ch snail l~edzately be returned to Buyer if Buyer fa~!s
:o sO no~fy Seller, Buyer shall De dee~d rD have acce~ea ~ne ~le as ~ ~hen ~s Seller snail. If ~ie ~s found ~nma~e~able.
use dz!~gen~ effor~ co correct ~efec~(s) ~n tl~!e w~5 - ~he ~.me prov%ded ~aerefor If Seller ~s unable co t~mel? correc~ c~e
defec:s, Buyer shall e~aer waive ~he defec:s, or rece&'e _ ~efund of depos:~{~), :hereby releasing Buyer and Seller f~om all fur~er
ool~gat~on u~der ~h~s Con~ract
B. S~Y: Buyer, a= Buyer's expense, w~=~n =:me allowed ~o del~ver evidence of =~=le, may have Real Property su~zeyed and
cer=lfled by a r~lsCered Florl~ su~eyor If the su~ey dlscloses encroac~menus on :he Real Proper:y or =hac Improvements iocaued
=hereon encroach on set~ack l&~es, easements, lands of others, or vlolate any restrictions. Con:rac~ covenants or applicable
governmental regulation, the same s~all constlzute a =:~ie defect
C. ~S~ ~ ~G~S= Seller warrants and re~resen=s =nat ~here ls lngress and egress ~o ~he Real Property sufficient for ~he
~n=ended use as descr%bed &n ~ hereof, =~t!e ~o which ~s ~n accordance w~=h Standard A
D. LZ~S: Seller s~ll fu~sh ~o Buyer a~ ~me of c!oslng an aff.dav!~ au~es~ng ~o the absence, unless o~herw~se provided for
here&n, of any flnanc~ s=a=~n=s, cla~ of l~en or ~o=en=~al ilenors ~no~ co Seller and further a=~esclng =hat =~ere have been
no ~rove~n=s or repalrs ~o Property for 90 ~ys ~d&a=ely preceding ~e of c!os~ng If Property has been ~roved, or repaired
wL:hl~ =ha= ~lme, Seller s~all dellver releases or waivers of mechanlcs' llens executed by all general con=fac=ors, s~contrac=ors,
suppliers, and ~=erlal~n ~n addition ~o Seller's !~en affldavl~ se=:~ng forth the names of all such ~ene~al con:fac=ors,
s~co~trac=ors, su~91lers and ~=erlalmen a~d further aff~rmlng that all c~arges for lmprovemen=s or repairs wn~c~ could ~e~e as
a bas~s for a mechanic's l&en or a clalm for da~ges have been 9a~d or w&ll be pald a= c!oslng of ~h~s Contract
E. P~ OF C~OSING: Clos:ng shall be held ~n =ne county w~ere Real ~roper=y ls !Dca=ed, at ~he off~ce of =he attorney of
Buyer
F T~: In oGpu=Lng ::me ~er~ods of le~s :~an s:x (6) ~ys, Sa:urdays, Sundays and s:a~e or national legal hoi:days shall ~e
excluded ~y ~ periods ~rovlded for herel~ w::c~ shall en~ on Saturday, Sunday or legal ho!~day shall ex:end ~o 5 00 ~ m of
G. ~S ~R ~OS~G: ~uyer ~!! fu~lsh deed, o~er's ~ossess1on affLdav%:, correc:~ve lns=~me~ts, and closing s:a:eme~:
H. EXPENSES: Recor~lng of correct,ye ~n~=~men=s shall be 9a~d by Se..=r, record%ng of deed shall De pa~d by Buyer Unless
c:aerw=se provlded by law or r~der ~o =~s Con=rat:. c~arges for =ne following related =~=le seduces, namely =l=le or a~s=rac=
c~arge, =~=le e~mxna=~on, and se==lemen= and c!oslng fee, s~all De pa=d Dy the party responslble ~or furn~shlng zhe =~ie evidence
I SPEC~L ~SES~ LI~S: Ceruaf~ed, conf~d and ra=af~ed speclal assess~n~ l~ens as of date of closing (no~ as of Effec=~ve
Dace) are to be 9a~d by Seller ~endlng liens a~ of daue of c!os:ng shall be assumed by Buyer If =~e ~mprovemen= has beem
· ~suan=~ally completed as of Effective Da=e, any pending l~en sna!i De cons.dered as certified, conf!rmed or ra=~f-ed and Seller
shall, ac C10~l~g, be Charged an a~= e~al =o =ne last escl~=e of assessment for uhe l~proveme~= by =~e p~llc body
J. RISK OF LOSS: if t~e Proper~y Is da~ged Dy flre or o~ner casuai~y before closing and cos~ of restoration does no~ exceed
of =ne assessed valua=lom of =he Property so da~qed, cos~ of res=oratlon shall be an obl=ga=lon of ~e Seller a~d c!osl~ s~a!l
proceed pursuant ~o ~he =e~s o~ Co~:rac~ wl=~ res~ora=lo~ costs escrowed az closlng i~ ~he cos~ o~ restora=lo~ exceeds 3% o~
assessed valuation o~ =he lm~rove~n=s so da~ged. B~yer shall have ~he op~io~ of el=her =akl~g Proper~y as ls, ~oge~her wlt~
%-e 3% or any lnsurance proceeas payable D/ vlr~.e of suc~ i~ss or damage, or of cancellng Con=fac= and recelulng return
K PROCEEDS DP SALE; CLOSING ~ROC~D~E: The ~ee~ snail be r~cor~ed upon clearance of ~unds l: an aDscrac: of :_:Le nas bee~
~ur~Lshed evidence of %l~le s~all De contl~ued ac Buyer's expense 5~ snow title :n Buyer wlthout any encu~rances or c~a~ge
b~ll Ot sale If Buyer fails to make timely demand for refund. Buyer shall take t~cle as Ks. waiving all r~gncs against Seller as
Agent may ~eposl~ w~th the clerk of the c~rcu~t court hav~ng )urlsd~ct~on of ~he d~spu~e Upon not,lying all part~es concerned of
delivered ou~ of escrow I~ a llcensed real escace broker. Agenc w~ll comply wIch provlskons of Chapter 4T5. F S . as amended Any
to be paid fr~ and ou~ of the escrowed ~unds or equl~a~ t and charged and awarded as court costs ~n favor of ~he prevailing part}
The Agent shall no= be l~able to any party or person lc: -~sdel~very to Buyer or Seller o~ ~tems su~]ecz to t~ls escrow, unless such
m~sdellvery is due to w~llful breach of Contract or gross negligence of Agent
M. ATT~R~FL'Y FEES; COSTS: In any l~=lga=lon, lnclud~ng Oreach. enforce~nt or ~n~e~re=a=~on. arlslng ou~ of ~h~s Con=fac=.
preva~llng party reason~le a==o~ey's fees. costs, and expenses
N. FAILLE OF P~FO~: If Buyer fa~ls :o perform =h~s Con=rac~ wz=h~n uhe =~me ~Declf~ed {~ncludzng ~a}~en= of ail
depos~%~s)), t~e deDosl:(~ bald by Buyer and depos~t~s~ agree~ ~o be pa~d. may be r~covered an~ re~a~ned by or ~or ~e account
Seller as agreed upon 1/~A~=ed da~ges, consIderat~on for =he execution of =bls Con=tact and in full se==lemen= of any claims.
whereupon. Buyer and Seller shall be relleved of all obi~ga~lons under Contract. or Seller. a= Seller's option. ~y 9rocee= ~n
=o enforce Se!let's rxg~=s under ~xs Con=fac= If. for any reason o~aer c~n fallure of Seller =o ~ke Seller's =l=le marketable
al=er d~ixge~ e~or=. Seller ~a~l~. n~lec~s or refuses %o ~r~o~ t~s Contract. the Buyer ~y seek spec%~%c perfo~nce or elect
~o receive =he re=urn of Buyer's de~os~=(s} w~=~ou: ~hereby wa~v=ng any acc=on for da~ges resuI=~ng from Seller's breach.
O. CO~ ~ ZECO~LE; PERSONS BO~; NOTI~: Ne~=her =h~s Contract nor any noc~ce of ~= shall De recorded ~n any ~llc
records Thxs Con, rat= s~ll ~nd and l~ure =o :he De~ef~ of =~e 9at, les and =belt Successors in ~=eres~. Whenever :he
9e~1~s. sln~lar s~ll lnclu~e ~lural and one ~ender shall include all NOZlce g~ven by or zo the a%=orney for any Dar~y shall
as ef~ec~lve as ~f glven Dy or co =ha= ~ar=y
P ~~: Seller sAall Convey =~=le =o Real Property Dy warranty deed. sub]eec only =o ~==ers conza~ned zn ~A~.~,,h
and those o~e~=fe accel:ed by Buyer. Personal Property s~ll. a= re,es= of Buyer. De ~ransferred by an ~solu=e bl!I of sale
Q. ~R AGES: No 9rLor or present agree~n=s or representations saall be D~nd~ng u9on Buyer or Seller ~less ~ncluded
=bls Con=fac= No ~dlflca=lon or c~ange ~ =~Is Con=rac~ shall be valid or &~nd/ng u~on =he 9ar=1es unless ~ wrl=!~g and executed
R. W~: Seller warrants =Aa= =here are no fac:s kno~ =o Seller ~=erlally a~fec=lng =he value of =he Proger=y whlch are
no= read=ly oDse~aDle by Buyer or wA~c~ ~ave no: been dlsclosed =o Buyer
LEASE
THIS LEASE, is made by and between CITY OF DELRA¥ BEACH, hereinafter
called "Landlord," whose address is 100 N.W. First Avenue, Delray Beach,
Florida 33444, and
, hereinafter called "Tenant."
W I T N E S S E T ~:
In consideration of the faithful performance of all covenants,
agreements and condltions herein contained, on the part of the Tenant to
be kept, done and performed, the said Landlord does hereby lease to the
Lessee the following described property:
Single family residence located at
, Delray Beach, Florlda.
its "as is" condition.
Said property ~o be in
TO HAVE AND TO HOLD the same until November 1, 2002, at no rent.
Further, provided that in the event the Tenant has entered into a lease
with the School Board of Palm Beach County on or prior to November 1,
2002, which lease is acceptable to the School Board of Palm Beach County
and provides for the Tenant's right to continue to occupy the premises
after the conveyance of the property by the Landlord to the School Board
of Palm Beach County, the Tenant shall have the right to continue
occupancy after November 1, 2002, under the Lease with the Landlord until
the earlier of: December 1, 2002, or the conveyance of the subject
property by the Landlord to the School Board of Palm Beach County.
NOTICE TO TENANT (Pursuant to Chapter 83, F.S.)
A. Landlord designates SUSAN RUBY, ESQ., of the City Attorneys'
Office, 200 N.W. First Avenue, Delray Beach, FL 33444, as the person
authorized on its behalf to receive all notices and demands of Tenant.
THE TENANT FURTHER COVENANTS AN~ AGREES AS FOLLOWS:
1. Not to use or permit to be used the premises for any illegal,
immoral or improper purposes.
2. Not to make or permit any noise, disturbance or annoyance
whatsoever detrimental to the premises or to the comfort and peace of
neighboring residents.
3. The parties agree that the premises, including lawn and
plantings, and pool (if applicable), shall be continuously maintained in
good condition by the Tenant, including but not limited to a~r
conditioning and heat, appliances and/or appliance service contract,
anterior pest extermination (if desired), lawn & plantings, lawn pest
control, building exterior, building interior, pool and equipment/pool
service, and that the obligation and cost of malntenance shall be borne
by the Tenant.
4. All charges for utilities services during the term of this
Lease, including but not llmted to electrIc, telephone, gas/fuel, sewer,
water, and refuse collection, shall be payable by the Tenant.
5. The Tenant assume full and complete rlsk of loss and injury to
themselves and others which may result from the occupancy of the subject
premises pursuant to this Lease and in consideration of such tenancy, the
Tenant agrees to indemnify, save, and hold the Landlord harmless from any
and all liability, costs, claims, ex!penses, or damages of whatsoever
nature including defense costs, attorneys' fees, and administrative
costs.
6. Tenant shall deliver up possession of the premises at the end
of the term in as good condition as they now are, ordinary wear and tear
excepted; Tenant acknowledges prior inspection of the premises and finds
same to be in good condition except as hereinafter noted.
7. Tenant agrees that Landlord shall have the right, upon
reasonable notice, to inspect the premises and to show the premises to
prospective Tenants or Purchasers.
8. Tenant agrees to pay the cost of repairing any and all damage
to the premises occasioned by Tenant or any other party during the term
of this Lease, including the cost of removing foreign substances from
toilets and sinks.
9. Tenant covenants and agrees tha~ the premises shall not at any
time be occupied by more than one family or persons without
written approval of the Landlord.
10. DEFAULT: Tenant's default in the performance of the covenants
and conditions hereunder shall immediately constitute Tenant as a tenant
at sufferance and, in such event, Tenant waives all right of notice to
vacate said premises, and the Landlord shall be entitled to re-enter and
retake possession of the premises immedlately and without liability for
such action.
11. Tenant agrees to pay all court costs and reasonable attorney's
fees which may be paid or incurred by Landlord or Landlord's agent
enforcing the covenants, conditions, agreements and obligations of this
Lease in the event of Tenant's default hereunder.
12. This Lease contains the entire agreement of the parties and
supersedes any and all prior agreements between them. This Lease shall
be binding upon the benefit of the part~es, their Personal
Representatives, successors and assigns.
13. Tenant shall not assign the Lease, or sublet the premises or
any part thereof, or permit the premises or any part thereof to be used
or occupied by anyone other than Tenant or members of Tenant's immedla=e
family, without the prior written consent of Landlord.
14. Tenant is hereby prohibited from making any improvements to the
subject real property other than pursuant to its repair and maintenance
and obligations as described herein and in the event a Claim of Lien
shall be recorded against the subject property as a result of any of
Tenant's actions and such Lien shall not be discharged of record within
ten (10) days thereafter, the Tenant shall be deemed to be in default
pursuant to the terms of this Lease.
IN WITNESS WHEREOF, the parties hereto have executed this Lease the
day and year first above written.
BY SIGNING THIS RENTAL AGREEMENT THE TENANT AGREES THAT UPON SURRENDER
OR ABANDONMENT, AS DEFINED BY THE FLORIDA STATUTES, THE LANDLORD SHALL
NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S
PERSONAL PROPERTY.
WITNESSES:
LANDLORD:
As to Landlord (2 required)
CITY OF DELRAY BEACH
By:
Printed Name:
Title:
As to Tenant (2 required)
TENANT:
CONTRACT FOR SALE A.ND PURCHASE
PARTIES: AL KFA~TET~{ HILTON and CY1FIT{IA M. HILTON, his wife, ("Seller") , of 19 NW
23rd Avenue, Delray Beach, FL 33445, (Phone: 278-6391), and the CITY OF DELRAY
BEACH, a Florida ~n~nicipal corporation, ("B//~'), of I00 N W. 1st Avenue, Delray
Beach, FL 33444 (Phone: 561-243-7000), hereby agree that the Seller shall sell
and Buyer shall buy the followmng described Real Property and Personal Property
(collectmvely "P_r~") upon the followmng terms and conditions, which INCLUDE
the Standards for Real Estate Transactions ("~") on the reverse side
hereof or attached hereto and rmders and any addenda to this Contract for Sale
and Purchase (',Con~ract").
DESCRIPTION:
(a) Legal description of the Real Property located in Palm Beach County,
Florida:
Lot 17, Replat of Pa_- of Breezy Ridge Estates, according to the map
or plat thereof as Jecorded mn Plat Book 24, Page 116, Public
Records of Palm Beach County, Florida
Property Control No.:12-43-46-18o02-000-0170
(b) Street address, city, zip, of the Property is: 19 NW 23rd Avenue,
Delray Beach, Florida
II. P~C~ASE PRICE:
PAYS:
(a) Deposit(s) paid wmthin three (3)
business days following the Effective
Date of this Contract, to be
held in escrow by Robert W. Federspiel,
P.A. Trust Account in the amount of
$ 1,000.00
(b)
Balance to close (U.S. cash, attorney trust
account check, LOCALLY DRAWN certified or
cashier's check, or wire transfer) subject to
adjustments or proration
~181.000.00
Total $182,000.00
III.
IV.
TI~ FOR ACCEPTANCE; EFFECTI%rE DATE; FACSIMILE: If this offer is not
executed by and delivered to all parties OR FACT OF EXECUTION communicated
in writing between the partmes prmor to such offer being wIthdrawn by the
first party signing, the deposit(s) will, at Buyer's option, be returned
and this offer wmthdrawn The date of Contract ("Effects.ye Date") will be
the later of the date when the last one of the Buyer and the Seller has
smgned chis offer or the date the Cmty CommIssion of the City of Delray
Beach approves this Contract. A facsmmile copy of this Contract and any
smgna=ures thereon shall be considered for all purposes as originals.
TITLE EVIDF, NCE: AZ least 30 days from the effective date, (CHECK ONLY
ONE): ~Seller shall, ac Seller's expense, dellver to Buyer or Buyer's
attorney; OR .Buyer shall at Buyer's expense obtain (C~ECK ONLY ONE).
~abstract of title or 'title insurance commitment (with legible copies
of instruments listed as exceptions attached thereto) and, after closing,
an owner's policy of t~tle insurance.
CLOSING DATE: This transaction shall be closed and the warranty Deed and
other closing papers delivered on the third Tuesday following the
expiration of the feasibility study period as provided for in Section
XI(A), unless modified by other provisions of Contract.
vi.
RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to:
comprehensive land use plans, zoning, restrictions, prohibitions and other
requirements imposed by governmental authorlty; restrictions and matters
appearing on the plat or otherwise common to the subdivision; public
utility easements of record (easements are to be located contiguous to
Real Property lines and not more than 10 feet in width as to the rear or
front lines and 7-1/2 feet n width as to the side lines, unless otherwise
stated herein); taxes for :-ear of closing and subsequent years; assumed
mortgages and purchase money mortgages, if any (if additional items, see
addendum); provided that there exists at closing no violation of the
foregoing,
VII.
OCCUPANCY: Seller warrants there are no parties in occupancy other than
Seller. Seller shall deliver occupancy of Property to Buyer at ~lme of
closing unless otherwise stated herein. If occupancy is to be delivered
before closing, Buyer assumes all risk of loss to Property from date of
occupancy, shall be responsible and liable for maintenance from ~hat date,
and shall be deemed to have accepted Property in its existing condition as
of time of taking occupancy unless otherwise stated herein.
VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
provisions, riders and addenda shall control all printed provisions of
this Contract in conflict with them.
IX.
ASSIGNABILITY: (CHECK ONLY ONE). Buyer (1) · may assign and thereby be
released from any further liability under this Contract; ~may assign but
not be released from liability under this Contract; or ~may not assign
~hls Contract.
Xo
XI.
DISCLOSURES:
(a) Radon
(b)
is a naturally occurring radioactive gas that, when
accumulated in a building in sufficient quantities, may present
health rlsks to persons who are exposed to it over time. Levels of
radon that exceed federal and state guidelines have been found in
buildings in Florida. Additional information regarding Radon or
Radon testing may be obtained from your County Public Health unit.
Buyer may have determined the energy efficiency rating of the
residential building, if any is located on the Real Property.
SPECIAL CLAUSES; ADDENDA: If additional terms are to be provlded,
attached addendum and CHECK HERE ..
CITY OF DELRAY BEACH
By:
Tax ID No. 59-6000308
Date
A1 Kenne~th Hl!ton
Date
Social Security
or Tax ID No.
~;~thia M. Hilton
Date
Social Security
or Ta× ~ ~o.
Deposit(s) under Paragraph II (a, received; IF OTHER THA/g CASH, THEN SUBJECT TO
CLEAR3%NCE: ROBERT W. FEDERSPIEL, P.A.
By:
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
SELLER:
AL KENNETH HILTON and CYNTHIA M. HILTON, his wife
BUYER:
PROPERTY ADDRESS:
CITY OF DELRAY BEACH, a Florida municipal corporation
19 NW 23rd Avenue, De!ray Beach, FL 334~5
XI. SPECIA~ CLAUSES; ADDENDA (COntlnued) :
A. The Buyer shall have twelve (12) business days following the approval
of this contract by the City Commission as set forth in ~ below within
which to conduct any and all feaslb~llty studies and determinations relative to
the suitability for the acquisition of the subject property by the Buyer and the
Buyer reserves the express right to terminate th~s Contract at any time during
said period for any reason or no reason, in Buyer's sole discretion, whereupon
Buyer shall receive a full refund of all deposit monies paid hereunder. Buyer
shall be granted reasonable access to the premises to conduct such feasibility
studies and determinations, l~c!udlng environmental assays, core drilling,
surveys, soil sampling and other 'uch testing.
B. This Contract is expressly contingent and conditioned upon the
approval of the same by the City Commission of the City of Delray Beach within
fifteen (15) business days from the date the Seller signs this Contract, and this
Contract shall expressly not be deemed an ~offer" by the Buyer for any purpose
unless and until the said City CommIssion shall have approved and accepted sa~d
Contract in open session. If this Contract is not approved by the C~ty
Commission of the City of Delray Beach within f~fteen (15) business days from the
date the Seller signs this Contract, then this Contract will be null and void and
of no further force or effect.
C. This purchase is in lieu of eminent domain. The parties believe that
this transaction is exempt from documentary stamp tax pursuant to Fla. Admin.
Code Ann. r. 12B-4.013, however in the even~ the obligation for documentary stamp
tax is determined and assessed, the Seller agrees to be responsible for the same
and to inde~uuify, save, and hold the Buyer harmless for such taxes.
D. Early Closing: Notwithstandzng the provzsions set forth in Section V
of the Contract, Sellers elect to close fifteen (15) business days following the
date of delivery to the Buyer of the executed Contract and a copy of all mortgage
account information relative to any mortgages Seller may have on the subject
property.
Seller hereby acknowledges that they have de!i~ered the executed Contract for
Sale and Purchase and provided the mortgage payment information on this day
of , 2002.
IIfinitialy°u wishheretO: e~e~this ear l~ ~ing option, please!
E. Purchase Price Adjus~nent- The Buyer hereby agrees that in the event
it shall have entered into any volunua,--y contrac~ outside of eminent domain for
the purchase of another property within ~he Breezy Rldge Estates subdivision
prior to the closing of this purchase and sale and such other contract would
provzde a purchase price as defzned zn Article II. of the Contract for Sale and
Purchase which is greater than thirty percent (30%) above the appraised value of
such other property accordzng ~o a bonafide appraisal acceptable to the Buyer
(the "Other Contract"), the Buyer shall ~ncrease the purchase price for the
property which is the subject of this Contract to reflect the same percentage
variance above appraised value agreed to be paid in such Other Conzracto
F. Property Excluded: The following appliances, improvements, and
fixtures located in or on ~he subject property are hereby excluded from the sale
and will be removed when we vacate the premises-
(List):
G. Post-Closing Occupancy: The undersigned Sellers hereby elect to
continue to occupy the property after closing as a Tenant under a lease agreemen~
with the Buyer to be signed at c_~s~ng in form substan~ial!y as attached hereto,
which lease will provide for the ~ght to occupy the premises until November 1,
2002, at no rent. Further, provided that in the event the undersigned Seller has
entered ~nto a lease w~th the School Board of Palm Beach County on or prior to
November l, 2002, which lease is acceptable to the School Board of Palm Beach
County and provides for the Seller's right to continue to occupy the premises
after the conveyance of the property by The Buyer to the School Board of Palm
Beach County, the Seller shall have the r~ght ~o continue occupancy after
November 1, 2002 under the lease with the Buyer until the earlier of: December 1,
2002, or the conveyance of the subject property by the Buyer to the School Board
of Palm Beach County.
option, please initial here: .ft~/~' _ .
H. Relocation Benefit: The Buyer hereby ack_nowledges that if the
subject property is occupied as of the date of closing, the occupant will receive
a relocation benefit in the amount of One Thousand Five Hundred Dollars
($1,500.00), to be paid by the Buyer to 5he occupant upon the occupant vacating
the subject property.
BIYYER'S INITIALS:
SELLERS' INITIALS:
STA/TDARDS FOR REAL ESTATE TRANSACTIONS
A. EVIDENCE OF TITLE Il)An ~ '' ~' ~ .... ~ prepared or brougr% rurren: o/ a reputable and exist~ng obs~ract '.~ .f
exlst.ng then cert.fled as correct Dy an ex~st~g flr~l purpcr[lng ~o oe an accurate ~y~opsis of the instruments 4~ec~.ng
[o Real Property recorded ~n the public records of ~he county wherein Real Propers'/ ~s located, through Effective Date I5 snail
com~ence with the earllest public records. Or such later date as may be customary ~n the county Upon closing of ~nls ~on~rac~, the
abstract shall become the property of Buyer, subject 50 5he rlg~t of recension :hereo~ by ~rst mortgagee unt~l fu.ly pald
forth in Con=tact Marketable ~ltle shall De dete:n~lned accordlng to applicable Tl=le Standards adopted by authority cf The Fiorlda
evidence Of ~tle to examlne it if :~!e ~s found defective, Buyer snail, w~hln 3 days ~hereaf~er, notlfy Seller ~n writing
speclfylng defect(s} If =he defect(s) render title unmarketable, Seller will have 30 days from receipt of notlce to remove the
defect~s), fa~llng whlch Buyer shall, wl=h~n flve {5) days after explrat~on of =~e chlrty (30) day period, deliver wrltten no~ice
~o Seller el:her {1) ex=end~ng the tlme for a reasonable period not =o exceed 120 days wlthln which Seller shall use dlligen: effort
=o remove the defects, or (2)requesting a refund of deposit[s; paid wnlch shall lmmedlacely be returned ~o Buyer if Buyer falls
to so notlfy Seller, Buyer shall be deemed to have acce~ted ~he :itle as i= ihen is Seller shall, !f tltle is found unmarketable,
C. INGRESS AND EGRESS: Seller warrants and represents ~nat there is Ingress and egress to ~he Real Property s~ff~c~ent for =he
D. LZENS: Seller shall furnish to Buyer a~ lime of closing an affidavit attesting ~o ~he absence, unless otherwise provlded for
a basle ~or a mechanic's lien or a claim for damages have been pa~d or w%!l De pazd at closing of th~s Contract
E. ~ACE OF CLOSING: C!os~ng shall be held Ln the count{ w~ere Rea! Property ~s located, at the offLce of the a:torney of
Buyer
F. TIM~: In com~uu~ng tlme periods of less =~an SlX (61 days. Saturdays. Sundays and state or national legal holidays shall De
excluded A~y ~lme periods 9rovlded for here~n WhiCh shall end on Saturday, Sunday Or legal holiday shall extend to 5 O0 p m of
G. DOCUMENTS FOR CLOSING, Buyer shall furn&sn deed. owner's possesslon aff_davl~, correct,ye Instruments, and c!os~ng statement
H. EXPENSES: Record&ng of corrective Instruments shall De paid by Sel.-r record&ng of deed shall be pa~d by Buyer Unless
charge, title examlnat~on, and settlement and closlng fee, shall oe paid by =ne party responslble for furnlsh~ng t~e t&~le evidence
I. SPECIA~ ASSF~SM~NT LIENS: Cerulf!edo conf.rmed and ra:&fled speclal assessment liens as of date of c!os~ng (not as of Effective
Da=e) are to be pa~d by Seller ~endlng llens as of date of c!os~ng snail be assumed by Buyer. If the Improvement has been
suDs~antla!ly completed as of Effec=i';e Da=e, any pendlng ilen sna!! De considered as certlfled, conflrmed or ratlfied and Seller
shall, az closing, be c~arged an amount equal to the !as= estimate of assessment for ~he ~mprovement by the public body
J RISK OF LOSS: If t~e Property is da*~aged by flre or other casua!t ! before closlng and cost of restoratlon does not exceed
K. PROCEEDS OF SALE, CLO$IN~ ~ROCEDURE. The deed sba~. oe recordec ~Doc clearance Of funds rf an aDs=fac[ of title has Peen
~ould re"der Seller's title %nmarketaD.e from the ~ate o[ the last ev_~ence A.! closlng 9roceeds shall be held ~n escrow Dy Seller's
bzl! of sale If Buyer fa:Is co make tamely demand for ~efund, Buyer sha.l cake :;t.e as ~s wa~vzng a.i r~ghcs agaznsc Sezler as
as tO place, tzme of day and procedures for closing, and for d~sbursem~nt of mortgage proceeds shai! ¢onc~o~ over ~ont~a~y prov~s$on
Agent may daposz~ wz~h the clerk of ~he C~rCUZ~ court hav~ng ]urzsdzc~ion of ~e d~spu~e Upon not~fy~ng all partzes Concerned of
such act=on, all l~a~l~=y on the part of Agent shall fully =e.~mlna=e, except =o the extent of accounulng for any ~=ems ~rev~ously
The Agefl= s~ll hOC be l~le Co any par=y or 9erson for ~.sde!~ve~ ~o Buyer or Seller of ~ems s~]ect =o th~s escrow, unless such
m~s~el:very ~s due =o w~llful breac~ of Con,rat: or gross negl~gence of Agen:
prevailing party ~n suc~ !~=;ga=lon which, for :he 9u~oses of :A;s Standard. snail =nc!ude Seller, Buyer. and any brokers ac=lng
~n agency or no.agency reLa=Lons~gs authorized by C~apter 475. F ~ , as amended, shall be en=~led =o recover from ;he
N, FAILLE OF PERFOrm: If Buyer ~alls :o perfo~ =~s Con=rac~ w~=hln the =~me speclfled (including paten= of all
deposz=(s)). =he de~os==(s) paid by Buyer and aepos~;(s) agreed ~o be pa~d, ~y be recovered and retained Dy or for ~he account
waereupon, Buyer and Seller s~ll be relzeved of all oDl~ga=~ons under Con~ract. or Seller, a= Seller's option, ~y ~roceed in
~o enforce Seller's r=ghcs ~der chls Con=rac:. If, for any reason ocher =hah fallure of Seller =o ~ke Seller's =z=le
after d~llgen= effor:, Seller fax!s, neglec=s or refuses to per~o~ =n~s Con=tact, =he Buyer ~y seek spec~flc perfo~nce or elect
0 CO~ N~ RECO~LE; PERSONS BO~; NOTI~. Nelcher =~ls Concrac= nor any noc~ce of 1= s~all De recorded ~n any
records Thls Concracc shall b%nd and ~nure ~o =he benef~= of che Dar=le~ and cheer successors in ~nceresc Whenever =he concexc
9e~xcs, s%ngular s~ll ~nclude plural and one gender s~all ~nc!ude all Noc~ce g~ven by or ~o c~e a=co~ey for any party s~all
P. ~~: Seller s~all convey =~=le ~o Real ~roperty Dy warranty deed. sub)et= only to ~=uers con:a:ned in ~.~a~s.h
and =hose o=he~zse accepted by Buyer. Perso~l Progerty s~ll, a= re~es~ of Buyer, be ~ransferred by an ~solu=e b~ll of sale wl=~
Q. ~A~S: NO prior or Dresen~ agreements or r~presenza~lons sna!l ~e ~nd~ng upon Buyer or Seller unless ~ncluded
Dy c~e par~y or par~les ~n=ended :o be bound Dy i~
R. W~IES: Seller warran:s =ha~ ~here are no fac=s ~_no~ =o Seller ~=erlally affecting =ne value of t~e Progerty w~lch are
no% readlly oDse~able Dy Buyer or w~ich have no= oeen disclosed ~o Buyer
LEASE
THIS LEASE, is made by and between CITY OF DELRA¥ BEACH, hereinafter
called "Landlord," whose address is 100 N.W. F~rst Avenue, Delray Beach,
Florida 33444, and
. . , hereinafter called "Tenant."
W I T N E S S E T H: '
In consideration of the faithful performance of all covenants,
agreements and conditions herein contained, on the part of the Tenant to
be kept, done and performed, the said Landlord does hereby lease to the
Lessee the following described property:
Single family residence located at
, Delray Beach, Florida.
its "as is" condition.
Said property co be in
TO HAVE AND TO HOLD the same until November 1, 2002, at no rent.
Further, provided that in the event the Tenant has entered into a lease
with the School Board of Palm Beach County on or prior to November 1,
2002, which lease is acceptable to the School Board of Palm Beach County
and provides for the Tenant's right to continue to occupy the premises
after the conveyance of the property by the Landlord to the School Board
of Palm Beach County, the Tenant shall have the right to continue
occupancy after November 1, 2002, under the Lease with the Landlord until
the earlier of: December 1, 2002, or the conveyance of the subject
property by the Landlord to the School Board of Palm Beach County.
NOTICE TO TENANT (Pursuant to Chapter 83, F.S.)
A. Landlord designates SUSAN RUBY, ESQ., of the City Attorneys'
Office, 200 N.W. First Avenue, Delray Beach, FL 33444, as the person
authorized on its behalf to receive all notices and demands of Tenant.
THE TENANT FURTHER COVENANTS AND AGREES AS FOLLOWS:
1. Not to use or permit to be used the premises for any illegal,
immoral or improper purposes.
2. Not to make or permit any noise, disturbance or annoyance
whatsoever detrimental to the premises or to the comfort and peace of
neighboring residents.
3. The parties agree that the premises, including lawn and
plantings, and pool (if applicable), shall be continuously maintained in
good condition by the Tenant, including but not limited to air
conditioning and heat, appliances and/or appliance service contract,
· nterlor pest extermination (if desired), lawn & plantings, lawn pest
control, bulldlng exterior, building interior, pool and equlpmenC/pool
service, and that the obligation and cost of maIntenance shall be borne
by the Tenant.
4. Ail charges for utilities services during the term of this
Lease, including but not limted to electric, telephone, gas/fuel, sewer,
water, and refuse collection, shall be payable by the Tenant.
5. The Tenant assume full and complete risk of loss and injury to
themselves and others which may result from the occupancy of the subject
premises pursuant to this Lease and in consideration of such tenancy, the
Tenant agrees to indemnIfy, save, and hold the Landlord harmless from any
and all liability, costs, claims, expenses, or damages of whatsoever
nature including defense costs, attorneys' fees, and administrative
costs.
6. Tenant shall delive: up possession of the premises at the end
of the term in as good condition as they now are, ordinary wear and tear
excepted; Tenant acknowledges prior inspection of the premises and finds
same to be in good condition except as hereinafter noted.
7. Tenant agrees that Landlord shall have the right, upon
reasonable notice, to inspect the premises and to show the premises to
prospective Tenants or Purchasers.
8. Tenant agrees to pay the cost of repairing any and all damage
to the premises occasioned by Tenant or any other party during the term
of this Lease, including the cost of removing foreign substances from
toilets and sinks.
9. Tenant covenants and agrees that the premises shall not at any
time be occupied by more than one family or persons without
written approval of the Landlord.
10. DEFAULT: Tenant's default in the performance of the covenants
and conditions hereunder shall immediately constitute Tenant as a tenant
at sufferance and, in such event, Tenant waives all right of notice to
vacate said premises, and the Landlord shall be entitled to re-enter and
retake possession of the premises immediately and without liability for
such action.
11. Tenant agrees to pay all court costs and reasonable attorney's
fees which may be paid or !ncurred by Landlord or Landlord's agent
enforcing the covenants, cond~tlons, agreements and obligations of th~s
Lease in the event of Tenant's default hereunder.
12. This Lease contains the entire agreement of the parties and
supersedes any and all prior agreements between them. This Lease shall
be binding upon the benefit of the part~es, their Personal
Representatives, successors and assigns.
13. Tenant shall not asslgn the Lease, or sublet the premises or
any part thereof, or permit the premises or any part thereof to be used
or occupied by anyone other than Tenant or members of Tenant's immediate
family, without the prior written consent of Landlord.
14. Tenant is hereby prohibited from making any improvements to the
subject real property other than pursuant to its repair and maintenance
and obligations as described herein and in the event a Claim of Lien
shall be recorded against the subject property as a result of any of
Tenant's actions and such Lien shall not be discharged of record within
ten (10) days thereafter, the Tenant shall be deemed to be in default
pursuant to the terms of this Lease.
IN WITNESS WHEREOF, the parties hereto have executed this Lease the
day and year first above written.
BY SIGNING THIS RENTAL AGREEFENT THE TENANT AGREES THAT UPON SURRENDER
OR ABA/TDONMENT, AS DEFINED BY THE FLORIDA STATUTES, THE LANDLORD SHALL
NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S
PERSONAL PROPERTY.
WITNESSES:
LANDLORD:
AS to Landlord (2 required)
CITY OF DELRAY BEACH
By:
Printed Name:
Title:
AS to Tenant (2 required) TENANT:
CONTRACT FOR SALE AND PURCF~ASE
PARTIES: ANEFISE JOSEPH, a single woman, and MU~/ENE A~IN, a single
man, ("Seller"), of 2301 NW 2nd Street, Delray Beach, FL 33445, (Phone: 243-
0491), and the CITY OF DELRAY BEACH, a Florida municipal corporation, ("~"),
of 100 N.W. 1st Avenue, Delray Beach, FL 33444 (Phone: 561-243-7000), hereby
agree that the Seller shall sell and Buyer shall buy the following described Real
Property and Personal Property (collectively "P~") upon the following terms
and conditions, which INCLUDE the Standards for Real Estate Transactions
("~") on the reverse side hereof or attached hereto and riders and any
addenda to this Contract for Sale and Purchase ("Contract").
DESCRIPTION:
(a) Legal description of the Real Property located in Palm Beach County,
Florida:
A portion of Lots 9 and 10, Replat of Part of Breezy Ridge Estates,
according to the map or plat thereof as recorded in Plat Book 24,
Page 116, Public Records of Palm Beach County, Florida
Beginning at the Southwest corner of said Lot 9; thence North along
the West line thereof, a distance of 100.00 feet; thence South
89°12'30"East, along the North line of said Lots 9 and 10, a
distance of 116.00 feet; thence South 09°30'30"West, a distance of
65.91 feet; to a point of curvature of a curve to the right; thence
Southwesterly a distance of 56.19 feet along the arc of said curve
having a radius of 40.00 feet and a central angle of 80°29'30";
thence West 65.65 feet to the Point of Beginning.
Property Control No.:12-43-46-18-02-000-0090
(b) Street address, city, zip, of the Property is: 2301 NW 2nd Avenue,
Delray Beach, Florida
II. PURC~HASE PRICE: $~62.500.00
PAYMENT:
(a)
Deposit(s) paid within three (3)
business days following the Effective
Date of this Contract, to be
held in escrow by Robert W. Federspiel,
P.A. Trust Account in the amount of
$ 1,000.00
(h)
Balance to close (U.S. cash, attorney trust
account check, LOCALLY DRAWN certified or
cashier's check, or wire transfer) subject to
adjustments or proration
S161.500.00
Total $162,500.00
III.
TIM~ FOR ACCEPTANCE; EFFECTIVE DATE; FACSIMILE: If this offer is not
executed by and delivered to all parties OR FACT OF EXECUTION communicated
in writing between the parties prior to such offer being withdrawn by the
first party signing, the deposit(s) will, at Buyer's option, be returned
and this offer withdrawn. The date of Contract ("Effective Date") will be
the later of the date when the last one of the Buyer and the Seller has
signed this offer or the date the City CommIssion of the City of Delray
Beach approves this Contract. A facsimile copy of this Contract and any
signatures thereon shall be considered for all purposes as originals.
IV.
TITLE EVIDENCE: At least 30 days from the effective date, (CHECK ONLY
ONE): OSeller shall, at Seller's expense, deliver to Buyer or Buyer's
attorney; OR ·Buyer shall at Buyer's expense obtain (CHECK ONLY ONE):
Oabstract of title or ·title insurance commitment (with legible copies
of instruments listed as exceptions attached thereto) and, after closing,
an owner's policy of title insurance.
Vo
CLOSING DATE: This transaction shall be closed and the warranty Deed and
other closing papers delivered on the 2nd Wednesday following the
expiration of the feasibility study period as provided for in Section
XI(A), unless modified by other provisions of Contract.
VI.
RESTRICTIONS; EASELS; LIMITATIONS: Buyer shall take title subject to:
comprehensive land use plans, zoning, restrictions, prohibitions and other
requirements imposed by governmental authority; restrictions and matters
appearing on the plat or otherwise co~maon to the subdivision; public
utility easements of record (easements are to be located contiguous to
Real Property lines and not more than 10 feet in width as to the rear or
front lines and 7-1/2 feet in width as to the side lines, unless otherwise
stated herein); taxes for year of closing and subsequent years; assumed
mortgages and purchase money mortgages, if any (if additional items, see
addendum); provided that there exists at closing no violation of the
foregoing.
VII.
OCCUPANCY: Seller warrants there are no parties in occupancy other than
Seller. Seller shall deliver occupancy of Property to Buyer at time of
closing unless otherwise stated herein. If occupancy is to be delivered
before closing, Buyer assumes all risk of loss to Property from date of
occupancy, shall be responsible and liable for maintenance from that date,
and shall be deemed to have accepted Property in its existing condition as
of time of taking occupancy unless otherwise stated herein.
VIII. TYPEWRITTEN OR N~TD~rRITT~7~ PROVISIONS: Typewritten or handwritten
provisions, riders and addenda shall control all printed provisions of
this Contract in conflict with them.
IX.
ASSIGN~tBILITY: (CHECK ONLY ONE): Buyer (1) · may assign and thereby be
released from any further liability under this Contract; ~may assign but
not be released from liability under this Contract; or ~may not assign
this Contract.
Xo
DISCLOSIIRES:
(a) Radon
(b)
is a naturally occurring radioactive gas that, when
accumulated in a building in sufficient quantities, may present
health risks to persons who are exposed to it over time. Levels of
radon that exceed federal and state guidelines have been found in
buildings in Florida. Additional information regarding Radon or
Radon testing may be obtained from your County Public Health unit.
Buyer may have determined the energy efficiency rating of the
residential building, if any is located on the Real Property.
XI.
SPECIAL CLAUSES; ADDE1TDA: If additional terms are to be provided,
attached addendum and CHECK HERE [].
CITY OF DELRAY BEACH
By:
Tax ID No. 59-6000308
Date
Anefise Joseph
Social Security~
or Tax ID No. ,
Social Security
x / Da{e
Deposit(s) under Paragraph II (a) received; IF OTHER THAN CASH, THEN SUBJECT TO
CLEARANCE: ROBERT W. FEDERSPIEL, P.A.
By:
SELLER:
BUYER:
PROPERTY ADDRESS:
XI.
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
ANEFISE JOSEPH, a single woman, and MUXENE AUBIN, a
single man
CITY OF DELRAY BEACH, a Florida municipal corporation
2301 NW 2nd Avenue, Delray Beach, FL 33445
SPECIAL CLAUSES; ADDENDA (Continued):
A. The Buyer shall have twelve (12) business days following the approval
of this contract by the City Commission as set forth in ~ below within
which Go conduct any and all feasibility studies and determinations relative to
the suitability for the acquisition of the subject property by the Buyer and the
Buyer reserves the express right to terminate this Contract at any time during
said period for any reason or no reason, in Buyer's sole discretion, whereupon
Buyer shall receive a full refund of all deposit monies paid hereunder. Buyer
shall be granted reasonable access to the premises to conduct such feasibility
studies and determinations, including environmental assays, core drilling,
surveys, soil sampling and other such testing.
B. This Contract is expressly contingent and conditioned upon the
approval of the same by the City Commission of the City of Delray Beach within
fifteen business (15) days from the date the Seller signs this Contract, and this
Contract shall expressly not be deemed an "offer" by the Buyer for any purpose
unless and until the said City Commission shall have approved and accepted said
Contract in open session. If this Contract is not approved by the City
Commission of the City of Delray Beach within fifteen business (15) days from the
date the Seller signs this Contract, then this Contract will be null and void and
of no further force or effect.
C. This purchase is in lieu of eminent domain. The parties believe that
this transaction is exempt from documentary stamp tax pursuant to Fla. Admin.
Code Ann. r. 12B-4.013, however in the event the obligation for documentary stamp
tax is determined and assessed, the Seller agrees to be responsible for the same
and to indemnify, save, and hold the Buyer harmless for such taxes.
D. Early Closing: Notwithstanding the provisions set forth in Section V
of the Contract, Sellers elect to close fifteen (15) business days following the
date of delivery to the Buyer of the executed Contract and a copy of all mortgage
account information relative to any mortgages Seller may have on the subject
property.
Seller hereby acknowledges that they have delivered the executed Contract for
Sale/~rc..hase and pr~ed the mortgage payment information on this / day
of / / v&/~y , 2002~---
e ect this ear~ c~sing option, please
If you wish to ~ ~ .
initial here:
E. Purchase Price Adjustment: The Buyer hereby agrees that in the event
it shall have entered into any voluntary contract outside of eminent domain for
the purchase of another property within the Breezy Ridge Estates subdivision
prior to the closing of this purchase and sale and such other contract would
provide a purchase price as defined in Article II. of the Contract for Sale and
Purchase which is greater than thirty percent (30%) above the appraised value of
such other property according to a bonafide appraisal acceptable to the Buyer
(the "Other Contract"), the Buyer shall increase the purchase price for the
property which is the subject of this Contract to reflect the same percentage
variance above appraised value agreed to be paid in such Other Contract.
F. Property Excluded: The following appliances, improvements, and
fixtures located in or on the subject property are hereby excluded from the sale
and will be removed when we vacate the premises:
,) zll.,-' /- ,, --'.-' .-? ,. 7 .-"
o',.Z__ ........
_r' './ 7,
G. Post-Closing Occupancy: The undersigned Sellers hereby elect to
continue to occupy the property after closing as a Tenant under a lease agreement
with the Buyer to be signed at closing in form substantially as attached hereto,
which lease will provide for the right to occupy the premises until November 1,
2002, at no rent. Further, provided that in the event the undersigned Seller has
entered into a lease with the School Board of Palm Beach County on or prior to
November 1, 2002, which lease is acceptable to the School Board of Palm Beach
County and provides for the Seller's right to continue to occupy the premises
after the conveyance of the property by the Buyer to the School Board of Palm
Beach County, the Seller shall have the right to continue occupancy after
November 1, 2002 under the lease with the Buyer until the earlier of: December 1,
2002, or the conveyance of the subject property by the Buyer to the School Board
of Palm Beach County.
option, please initial here: ~ ~ .
H. Relocation Benefit: The Buyer hereby acknowledges that if the
subject property is occupied as of the date of closing, the occupant will receive
a relocation benefit in the amount of One Thousand Five Hundred Dollars
($1,500.00), to be paid by the Buyer to the occupant upon the occupant vacating
the subject property.
BUYER'S INITIALS:
SELLERS' INITIALS:
STANDARDS FOR REAL ESTATE TRANSACTIONS
A, EVIDENCE OF TITLE: (I1An abs~rac~ nf -~t]~ prepared or brought current by a reputable and exlstlng abstract flrm (If not
existing then certified as correct by an existing firm) purporting to be an accurate synops;s of the Instruments affecting title
to Real Property recorded ~n the public records of the county wherein Real Property ~s located, through Effective Date It shall
co~nence with the earliest public records, or such later date as may be customary in the county ~pon closing of this Contract, the
abstract shall become the property of Buyer, sub]ect to the right of retention thereof by first mortgagee until fully pald (2)
A tlt]~ ~m~%!~am~ ~m~mm~ lssued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deee to
Buyer, an owner's policy of title lnsura~ce in the amount of the purchase price, Insuring Buyer's title to Real Property, subject
only to l~ens, encumbrances, exceptions or qualification provided in this Contract and those which shall be d~scharged by Seller
at or before closing Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set
forth in Contract Marketable title shall be determined according to applicable Title Standards adopted by authority of The Florida
Bar and in accordance with law Buyer shall have 30 days, if abstract, or 5 days, if title commitment, from date of recelvlng
evidence of title to examine it If title is found defective, Buyer shall, within 3 days thereafter, notify Seller in writing
specifying defect{s) If the defect(s) render title unmarketable, Seller will have 30 days from receipt of not~ce to remove the
defect(s), fabling which Buyer shall, within f~ve (5) days after expiration of the tnlrty (30) day period, deliver written notice
to Seller elther (1) extending the tlme for a reasonable period not to exceed 120 days within which Seller sna!l use dIl~gent effort
to remove the defects, or (2)recfuestlng a refund of deposit(s) paid which shall immediately be returned to Buyer If Buyer fails
to so not~fy Seller, Buyer shall be deemed to have accepted the title as it then is Seller shall, if title is found unmarketable,
use diligent effort to correct defect(s) in title wlt:_n the tlme provided therefor. If Seller is unable to t~mely correct the
defects, Buyer shall either walve the defects, or receive a refund of deposit(s), thereby releasing Buyer and Seller from all further
obligation under this Contract
B. SURVEY: Buyer, at Buyer's expense, within t~me allowed to deliver evidence of t~tle, may have Real Property surveyed and
certified by a registered Florida surveyor. If the survey discloses encroachments on the Real Property or that improvements located
thereon encroach on setback lines, easements, lands of others, or violate any restrictions, Contract covenants or applicable
governmental regulation, the same shall constitute a title defect
C. INGRESS AND EGRESS: Seller warrants and represents that there Is ingress and egress to the Real Property sufficient for the
intended use as described In ~a~aq~a~h VI. hereof, title to which is in accordance with Standard A
D. LI~S: Seller shall furnish to Buyer at tlme of closing an affldav!t attesting to the absence, unless otherwise provided for
herein, of any flnanclng statements, claims of lien or potential llenors known to Seller and further attesting that there have been
no Improvements or repairs to Property for 90 days Immediately preceding date of closing If Property has been improved, or repaired
within that time, Seller shall deliver releases or waivers of mechanics' l~ens executed by all general contractors, subconcractors,
suppliers, and materlalmen in addition to Seller's lien affidavit setting forth the names of all such general contractors,
subcontractors, suppliers and materlalme~ and further affirming chat all charges for Improvements or repairs which could serve as
a bas!s for a mechanic's lien or a claim for damages have been paid or will be paid at closing of thls Contract
E. PLAC~ OF CLOSING: Closing shall be held in the county where Real Property is located, at the office of the attorney of the
Buyer
F. TI~: In computing tlme periods of less than slx (6) days. Saturdays, Sundays and state or national legal holidays shall be
excluded Any ~ime periods provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p m of
the next business day TA~e is of the essence xn this Contract.
G. DOCUMENTS FOR CLOSINg: Buyer shall furnish deed, owner's possession affidavit, correct,ye Instr~/ments, and closlng statement
H. EXPENSES: Recording of corrective instruments shall be paid by Se, =r, recording of deed shall be paid by Buyer Unless
otherwise provided Dy law or rider to th~s Contract, charges for the following related title services, namely title or abstract
charge, ~ltle examination, and settlement and closing fee, shall be paid by the party responsible for furnishing the t~tle evidence
in accordance with P&~a~ra~h IV
I. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessment liens as of date of closing (not as of Effective
Date) are to be pald by Seller Pending liens as of date of closing shall be assumed by Buyer If the improvement has been
substantially completed as of Effective Date. any pending lien shall be considered as certlf~ed, confirmed or rat=f~ed and Seller
shall, at closing, be charged an amount equal to the last estimate of assessment for the Improvement by the public body
J. RISK OF LOSS: If the Property is damaged by fire or other casualty before closing and cost of restoration does not exceed 3%
of ~e assessed valuation of the Property so damaged, cost of restoration shall be an obligation of ~he Seller and closing shall
proceed pursuant to t~e terms of Contract with restoration costs escrowed at closing If the cost of restoratlon exceeds 3% of the
assessed valuation of the Improvements so damaged, Buyer shall have the option of either taking Property as ls, together with either
the 3% or any insurance proceeds payable by virtue of such loss or damage, or of canceling Contract and receiving return of
depos:t(s)
K. PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds If an abstract of t~tle has been
~urnlshed, evldence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or change which
would render Seller's title unmarketable from the date of the last evidence All closing proceeds shall be held in escrow by Seller's
attorney or other m~tually acceptable escrow agent for a per~od of not more than 5 days after closing date If Seller's title is
rendered unmarketable, through no !ault of Buyer, Buyer shall, within the 5 day perlod, notlfy Seller in writing of the defect and
Seller shall ~ave 30 days from date of rece~p~ of such ~o[iflcat_on to cure the defect It Seller falls to timely cure the defect,
all deposit(s) shall, upon written demand b} Buyer and wlthln 5 days after demand, be returned to Buyer and simultaneously w~h such
repayment, Buyer shall return Personalty and vacate Real Property and reconvey the Property to Seller by special warranty deed and
bill of sale If Buyer falls to make timely demand for refund, Buyer shall take title as is, waiving all rights against Seller as
to any lnte~-~enlng defect except as may be available to Buyer by virtue of warranties contained mn the deed or b~ll of sale If a
portion of the purchase price ns to be derived from Institutional financing or reflnanclng, reqn/lrements of the lending lnStltUtlO~
as to place, time of day and procedures for closing, and for disbursement of ~rtgage proceeds shall control over contrary provlslon
in th~s Contract Seller shall have the rlght to reg./ire from the lending Institution a written CO~lt~T~nt that it will not withhold
disbursement of mortgage proceeds as a result of any title defect attributable to Buyer-mortgagor. The escrow and closing procedure
required by this Standard may be waived if title agent insures adverse matters pursuant to Section 627 7841, F S , as amended
L. ESCROW: Any escrow agent ("A~nt") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit
them promptly, hold same in escrow and, sub~ect to clearance, dlsburse them in accordance with terms and conditions of Contract
Failure of clearance of funds shall not excuse Buyer's performance If in doubt as to Agent's dutles or liabilities under the
provisions of Contract, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties hereto
agree to its disbursement, or untll a judgment of a court of competent jurisdiction shall determlne the rights of the parties or
Agent may deposit wlth the clerk of the circuit court having 3urlsdlctlon of the dlspute Upon notifying all parties concerned of
such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any ~tems previously
delivered out of escrow if a l~censed real estate broker, Agent will comply wlth provisions of Chapter 475, F S , as amended Any
sult between Buyer and Seller where Agent is made a party because of acting as Agent hereunder, or mn any suit wherein Agent
~nter~leads the sub~ect matter of the escrow, Agent sh'!l recover reasonable attorneys' fees and costs incurred with these amounts
tO be paid from and out of the escrowed funds or equivalent and charged and awarded as court costs in favor of the prevailing party
The Agent shall not be l~able to any party or person for mlsdellvery to Buyer or Seller of items subject to thls escrow, unless such
mlsdellvery is due to willful breach of Contract or gross negligence of Agent
M. ATTORNEY FE~S; COSTS: In any litigation, including breach, enforcement or interpretation, arising out of thls Contract, the
prevalllng ~arty ~n such l!tlgatlon whlch, for the purposes of this Standard, shall include Seller, Buyer, and any brokers acting
in agency or nonagency relationships authorized by Chapter 475, F S , as amended, shall be entitled to recover from the non-
prevailing party reasonable attorney's fees, costs, and expenses
N FAILb'RE OF PERFORNANCE: If Buyer falls to perform this Contract within the time speclfled (including payment of all
deposit(s)), the depoelt{s) paid by Buyer and deposit(s) agreed to be paid, may be recovered and retained by or for the account of
Seller as agreed upon liquidated damages, consideration for the execution of th~s Contract and ~n full settlement of any claims,
whereupon, Buyer and Seller shall be relieved of all obligations under Contract; or Seller, at Seller's option, may proceed in equity
to enforce Seller's rights under this Contract If, for any reason other than failure of Seller to make Seller's title marketable
after diligent effort, Seller falls, neglects or refuses to perform this Contract. the Buyer may seek specific performance or elect
to race!ye the return of Buyer's deposit(s) wlthout thereby waiving any action for damages resulting from Seller's breach
O. CONTRACT NOT RECORDA~LE; PERSONS BOOND; NOTICE: Nelther thls Contract nor any notice of it shall be recorded in any public
records This Contract shall bind and inure to the benefit of the parties and their successors In interest Whenever the context
permits, singular shall include plural and one gender shall include all Notice given by or to the attorney for any party shall be
as effectlve as if given by or to that party
P. CON~EYANC~: Seller shall convey title to Real Property by warranty deed, subject only to matters contained in ~&~aqr.ph VT_
and those otherwise accepted by Buyer Personal Property shall, at request of Buyer, be transferred by an absolute bill of sale wlth
warranty Of title, subject only to such matters as may be otherwise provided for hereln
Q. OTHER AGReeMENTS: NO prior or present agreements or representations shall be blndlng upon Buyer or Seller unless Included in
this Contract. No modification or change in this Contract shall be valid Or -Indlng upon the parties unless in writing and executed
by the party or parties intended to be bound by It
R. WAR~IES: Seller warrants that there are nc facts known to Seller materlally affecting the value of the Property which are
not readily observable by Buyer or which have not been disclosed to Buyer
LEASE
THIS LEASE, is made by and between CITY OF DELRAY BEACH, hereinafter
called "Landlord," whose address is 100 N.W. First Avenue, Delray Beach,
Florida 33444, and
, hereinafter called "Tenant."
W I T N E S S E T H:
In consideration of the faithful performance of all covenants,
agreements and conditions herein contained, on the part of the Tenant to
be kept, done and performed, the said Landlord does hereby lease to the
Lessee the following described property:
Single family residence located at
, Delray Beach, Florida.
its "as is" condition.
Said property to be in
TO HAVE AND TO HOLD the same until November 1, 2002, at no rent.
Further, provided that in the event the Tenant has entered into a lease
with the School Board of Palm Beach County on or prior to November 1,
2002, which lease is acceptable to the School Board of Palm Beach County
and provides for the Tenant's right to continue to occupy the premises
after the conveyance of the property by the Landlord to the School Board
of Palm Beach County, the Tenant shall have the right to continue
occupancy after November 1, 2002, under the Lease with the Landlord until
the earlier of: December 1, 2002, or the conveyance of the subject
property by the Landlord to the School Board of Palm Beach County.
NOTICE TO TENANT (Pursuant to Chapter 83, F.S.)
A. Landlord designates SUSAN RUBY, ESQ., of the City Attorneys'
Office, 200 N.W. First Avenue, Delray Beach, FL 33444, as the person
authorized on its behalf to receive all notices and demands of Tenant.
THE TENANT FURTHER COVENANTS AND AGREES AS FOLLOWS:
1. Not to use or permit to be used the premises for any illegal,
immoral or improper purposes.
2. Not to make or permit any noise, disturbance or annoyance
whatsoever detrimental to the premises or to the comfort and peace of
neighboring residents.
3. The parties agree that the premises, including lawn and
plantings, and pool (if applicable), shall be continuously maintained in
good condition by the Tenant, including but not limited to air
conditioning and heat, appliances and/or appliance service contract,
interior pest extermination (if desired), lawn & plantings, lawn pest
control, building exterior, building interior, pool and equipment/pool
service, and that the obligation and cost of maintenance shall be borne
by the Tenant.
4. All charges for utilities services during the term of this
Lease, including but not limted to electric, telephone, gas/fuel, sewer,
water, and refuse collection, shall be payable by the Tenant.
5. The Tenant assume full and complete risk of loss and injury to
themselves and others which may result from the occupancy of the subject
premises pursuant to this Lease and in consideration of such tenancy, the
Tenant agrees to indemnify, save, and hold the Landlord harmless from any
and all liability, costs, claims, expenses, or damages of whatsoever
nature including defense costs, attorneys' fees, and administrative
costs.
6. Tenant shall deliver up possession of the premises at the end
of the term in as good condition as they now are, ordinary wear and tear
excepted; Tenant acknowledges prior inspection of the premises and finds
same to be in good condition except as hereinafter noted.
7. Tenant agrees that Landlord shall have the right, upon
reasonable notice, to inspect the premises and to show the premises to
prospective Tenants or Purchasers.
8. Tenant agrees to pay the cost of repairing any and all damage
to the premises occasioned by Tenant or any other party during the term
of this Lease, including the cost of removing foreign substances from
toilets and sinks.
9. Tenant covenants and agrees that the premises shall not at any
time be occupied by more than one family or persons without
written approval of the Landlord.
10. DEFAULT: Tenant's default in the performance of the covenants
and conditions hereunder shall immediately constitute Tenant as a tenant
at sufferance and, in such event, Tenant waives all right of notice to
vacate said premises, and the Landlord shall be entitled to re-enter and
retake possession of the premises immediately and without liability for
such action.
11. Tenant agrees to pay all court costs and reasonable attorney's
fees which may be paid or incurred by Landlord or Landlord's agent
enforcing the covenants, conditions, agreements and obligations of this
Lease in the event of Tenant's default hereunder.
12. This Lease contains the entire agreement of the parties and
supersedes any and all prior agreements between them. This Lease shall
be binding upon the benefit of the parties, their Personal
Representatives, successors and assigns.
13. Tenant shall not assign the Lease, or sublet the premises or
any part thereof, or permit the premises or any part thereof to be used
or 0c~pied by anyone other than Tenet or me~ers of Tenant's immediate
~am~y, without the
prior written consent of Landlord.
14. Tenant is hereby prohibited from making any improvements to the
subject real property other thaau pursuant to its repair and maintenance
and obligations as described herein and in the event a Claim of Lien
shall be recorded against the subject property as a result of any of
Tenant's actions and such Lien shall not be discharged of record within
ten (10) days thereafter, the Tenant shall be deemed to be in default
pursuant to the terms of this Lease.
IN WITNESS WHEREOF, the parties hereto have executed this Lease the
day and year first above written.
BY SIGNING THIS RENTAL AGREEMENT THE TENANT AGREES THAT UPON SURRENDER
OR ABANDONMENT, AS DEFINED BY THE FLORIDA STATUTES, THE LANDLORD SHALL
NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S
PERSONAL PROPERTY.
WITNESSES:
L~NDLORD:
AS tO Landlord (2 required)
CITY OF DELRAY BEACH
By:
Printed Name:
Title:
As to Tenant (2 required) TENANT:
P~tRTIES: ~U~J~ TASSEY, a single man, and JEAN A/~ESY, a single man, ("~"),
of 29 N-W 23rd Avenue, Delray Beach, FL 33445, (Phone: 276-2642)° and =he CIT~ OF
DELP, AY BEACH, a Florida municipal COrlOoration, (',~"), of 100 N.W Ist Avenue,
Delray Beach, FL 33444 (Phone: 561-243-7000), hereby agree that the Seller shall
sell and Buyer shall buy the following described Real Property and Personal
Property (collectively "P~") upon the following terms and conditions, which
INCLUDE the Standards for Real Es=ate Transactions ("S_~ld~u~Q_") on the reverse
side hereof or attached hereto and riders and any addenda to this Contract for
Sale and Purchase
DESCRIPTION:
(a) Legal description of the Real Property located in Palm Beach County,
Florida:
Lot 14, Replat of Pa-z of Breezy Ridge Estates, according to the map
or plat thereof as -ecorded in Plat Book 24, Page 116, Public
Records of Palm Beach County, Florida
Property Control No.:12-43-46o18-02-000-0!40
(b) Street address, city, zip, of the Property is: 29 NW 23rd Avenue,
Delray Beach, Florida
II. P~IRC~E PRICE: $156,000.00
PAI~:
(a) Deposit(s) paid within three (3)
business days following the Effective
Date of this Contract, to be
held in escrow by Robert W. Federspiel,
P.A. T~'ust Account in the amount of
$ 1,000.00
Balance to close (U.S. cash, attorney trust
account check, LOCALLY DRAWN certified or
cashier's check, or wire transfer) subject to
attorney; OR ~Buyer shall aS Buyer's expense ob~aln (CHECK ONLY ONE).
~abstract of title or ·title insurance commitment (with legible copies
of Instruments listed as exceptions attached thereto) and, after closing,
an owner's policy of tl~le insurance.
Vo
CLOSING DATE: This transaction shall be closed and the warranty Deed and
other closing papers delivered on the second Thursday followIng the
expiration of ~he feasibility study period as provided for in Section
XI(A), unless modified by other provisions of Contract.
VI.
RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to:
comprehensive land use plans, zoning, restrictions, prohibitions and other
requirements imposed by governmental authority; restrictions and matters
appearing on the plat or otherwise common to the subdivision; public
utility easements of record (easements are to be located contiguous to
Real Property lines and not more than 10 feet in width as to the rear or
front lines and 7-1/2 fee% ~n width as to the side lines, unless otherwise
sta~ed herein); taxes for .ear of closing and subsequent years; assumed
mortgages and purchase money mortgages, if any (if additional items, see
addendum); provided ~hat there exists at closing no violation of the
foregoing.
vii.
OCCUPANCY: Seller warrants there are no parties in occupancy other tha~
Seller. Seller shall deliver occupancy of Property to Buyer at time of
closing unless otherwise stated herein. If occupancy is to be delivered
before closing, Buyer assumes all risk of loss to Property from date of
occupancy, shall be responsible and liable for maintenance from that date,
and shall be deemed to have accepted Property in its existing condition as
of time of taking occupancy unless otherwise stated herein.
VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
provisions, riders and addenda shall control all printed provisions of
~his Contract in conflict wlth them.
IX.
ASSIGNABILITY: (CHECK ONLY ONE): Buyer (I) · may assign and thereby be
released from any further liability under this Contract; ~may assign but
not be released from liability under this Contract; or ~may not assign
this Contract.
Xo
XI.
DISCLOSURES:
(a) Radon
(b)
is a naturally occurrin~ radioactive gas that, when
accumulated in a building in sufficient quantities, may present
health risks ~o persons who are exposed to l~ over time. Levels of
radon ~hat exceed federal and state guidelines have been found in
buildings in Florida. Additional information regarding Radon or
Radon testing may be obtained from your County Public Health unit.
Buyer may have determined ~he energy eff~clency ratlng of the
residential bulldlng, if any ~s located on the Real Property.
SPECIAL CLAUSES; ADDENDA: If add!tlona! terms are to be provided,
a~zached addendum and CHECK HERE ·.
CITY OF DELRAY BEACH
By:
Tax ID No. 59-6000308
Date
Emmanuel Tassey (i~~,~_ Date
Soclal Security ~-/~
or Tax ID No.
Jean kl~sy ' ~ (-~ Date
Social Security
or T~ ~D ~o. ,~-/J-,..~.-.52'~-,
Deposit(s) under Paragraph II (a' received; IF OTHER THAN CASH, THEN SUBJECT TO
CLEARANCE: ROBERT W. FEDE~3PIEL, P.A.
By:
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
SELLER:
EMMANUEL TASSEY, a s~ngle man, and JEAN ALESY, a s~ngle
man
BUYER:
CITY OF DELRAY BEACH, a Florida municipal corporation
PROPERTY ADDRESS:
29 NW 23rd Avenue, Delray Beach, FL 33445
XI. SPECIAL CLAUSES; ADDENDA (Continued):
A. The Buyer shall have twelve (12) business days following the approval
of this contract by the City Commission as set forth in ~ below within
which to conduct any and all feasibility studies and determinatIons re!at,ye to
the suitability for the acquisition of the sum]ect property by ~he Buyer and the
Buyer reserves the express r~ght to terminate this Contract at any time during
said period for any reason or no reason, in Buyer's sole discretion, whereupon
Buyer shall receive a full refund of all deposit monies paid hereunder. Buyer
shall be granted reasonable access to the premises to conduct such feasibility
studies and determlnatlons, ln. luding environmental assays, core drilling,
surveys, soil sampling and other such testing.
B. This Contract is expressly contingent and conditioned upon the
approval of the same by the City Commission of the City of Delray Beach within
fifteen (15) business days from the date the Seller signs this Contract, and this
Contract shall expressly not be deemed an "offer" by the Buyer for any purpose
unless and until the said C~ty Commission shall have approved and accepted said
Contract in open session. If this Contract is not approved by the C~ty
Commission of the C~ty of Delray Beach within f~fteen (15) business days from the
date the Seller signs this Contract, then this Contract will be null and void and
of no further force or effect.
C. This purchase is in lieu of eminent domain. The parties believe that
this transaction is exempt from documentary stamp tax pursuant to Fla. Admin.
Code Ann. r. 12B-4.013, however in the event the obligation for documentary stamp
tax is determined and assessed, the Seller agrees to be responsible for the same
and to indemnify, save, and hold the Buyer harmless for such taxes.
D. Early Closing: Notwithstanding the provisions set forth in Section V
of the Contract, Sellers elect to close fifteen (15) business days following the
date of delivery to the Buyer of the executed Contract and a copy of all mortgage
account ~nformation relative to any mortgages Seller may have on the subject
property.
Seller hereby acknowledges that they have de!Ivered the executed Contract for
Sale a~d Purchase and provided the mortgage payment information on this -~-~day
of ,/ ]'Q/f?~..'L.' ~ / 2 0 0 2 ..
If yOU wish to elect ~>zs early c~n~.~tion, please
E. Purchase Price Adjustment: The Buyer hereby agrees that in the event
· t shall have entered ~nto any voluntary contract outside of eminent domain for
the purchase of another property w~thln the Breezy R~dge Estates subdivision
prior to the closing of this purchase and sale and such other contract would
provide a purchase price as defined ~n Article Ii. of the Contract for Sale and
Purchase which is greater than thirty percent (30%) above the appraised value of
such o~her property according to a bonaflde appraisal acceptable to the Buyer
(the "Other Con~ract"~ , the Buyer shall ~ncrease the purchase price for the
property which is the subject of this Contract To reflect the same percentage
variance above appraIsed value agreed to be pazd in such Other Contract.
F. Property Excluded: The following appliances, improvements, and
fixtures located in or on the subject property are hereby excluded from the sale
and will be removed when we vacate the premises:
(List):
G. Post-Closing Occupancy: The undersigned Sellers hereby elect to
continue to occupy the property after closing as a Tenant under a lease agreement
with the Buyer to be signed at c_~slng In form substantially as attached hereto,
which lease will provide for the right to occupy the premises until November !,
2002, at no rent. Further, provided that in the event the undersigned Seller has
entered into a lease with the School Board of Palm Beach County on or prior to
November 1, 2002, which lease is acceptable to the School Board of Palm Beach
County and provides for the Seller's right to continue to occupy the premises
after the conveyance of the property by the Buyer to the School Board of Palm
Beach County, the Seller shall have the right to continue occupancy after
November 1, 2002 under the lease with the Buyer until the earlier of: December 1,
2002, or the conveyance of the subject property by the Buyer Co the School Board
of Palm Beach County.
If you wish to elect this post-closing occ~c_~p__ancy
option, please initial here: ~;~. ~ . \/~--,7~.
H. Relocation Benefit: The Buyer hereby acknowledges that if the
subject property is occupied as of the date of closing, the occupant will receive
a relocation benefit in the amount of One Thousand Five Hundred Dollars
($1,500.00), to be pald by the Buyer to the occupant upon the occupant vacating
the subject property.
BUYER'S INITIALS:
SELLERS' INITIALS:
STANDARDS FOR REAL ESTATE TRANSACTIONS
A EVZDENCE OF TITLE (llAn a~r~l~ Or '-!~! orepare(~ or bro~gnc curren~ o, a reputable and ex:s~ng ~Ds[rac~ flrm t.f
ex~st~ng ~hen Certified as correc~ b~ an ex.sC.nS (~rm~ pu~pocr~g tO be an ~cc.r~e synops~s of t~e .~s~rumer, ts at~ec%~ng
5o Real Propertf recorded ~n %he public records o~ ~he county w~ereln Real Prcper~? .s located, through Effect.ye Da~e il snail
a~stract ~hall become ~he property of Buyer, sub]ec~ ~o che rig~c of retention thereof by ~irst mortgagee ~nc-I ~uilf paid
fort~ In Concracc MarkecaDle c~cle shall be dete~ned accor~:ng ~o applicable T~c!e Scandards adopced Dy auchor:cy of The Florida
spec:fy~n~ de~ect(s) If C~e defect(s) re~der C~tle Jn~arkecaDle. Seller w~i! nave )o days ~rom rece~p~ of noc~ce to remove the
defecc(s), fa~l&ng wn~c~ Buyer shall, w~ch~n f~ve {5~ ~ays after exp~rac%on of the ch~rcy (30) day per~od, deliver wr~ccen
to Seller e%cher [i) extending :he t~ ~or a reasonable ~er~od not co exceed ~20 aav~ w~h~n w~xch Seller shall use dll~qenc effort
to r~e ~he defects, or (2)~e~est~ng a refund ~f ~eD~sLt~s> paL~ ~n%ch shal~ Lmmea~a:ely be returned :o Buyer ~f Buyer
:o so no::~y Seller, Buyer s~ll De dee~d :o kave actor:ed :he ::lie as L: :~en is Seller shall, :f :::le Ls found unmarketable
use dLl:gen: effor~ :o correct defect(s; :n :.lie .-- ' the ::me provLded ~erefor If Seller Ls unaD!e :c ::mely correct
aefect~, Buyer shall eLcher waLve tRe defects, or rece: - refun~ af deposL:~s], :nereoy releasLng Buyer and Seller from all further
obligation under ~h~s Con~ract
B. S~Y. Buyer, at Buyer's exgense, w~=h~n =~me allowed to de!lver evidence of :~tle, may have Real Pro9er~y ~u~eyed ano
certlf=ed Dy a registered Florida su~eyor If ~e su~ey dlsc!oses encroac~en=s on t~e Real Property or chat .~9rovemen=s
governmental regulaclo~, ~he same shall cons~cu=e a ~=!e defect
C. ~SS ~ ~SS- Seller warrants and represents ~hat ~ere ~s lngre~s and egress to =he Real ProDer~y sufficient for
D. LI~S: Seller s~all ~urn~s~ ~o Buyer a~ ~me 0~ closing an a~davl: a~es~ng to the absence, unless o~herw~se provided for
here~n, of any f~nanc~ng s~ate~n~s, c!a~ms of l~en or potent!al l~enors kno~ ~o Seller and further attes~%ng :hat =here have been
~ ~rove~nts or repairs ~o Pro~er~y for 90 days L~edia~ely precedlng dace of c!osln~ If Pro~r%y has been ~roved, or repaired
w~=hln =~t =~, Seller shall del~ver releases or waivers of mechanics' llens executed by all general contractors, su~con:rac=ors,
s~con=ractors, su~l~ers and ~=erlalmen and fur=net afflrmlng =hat all charges for l~roveme~s or repa~r~ whlch could se~e as
a DaSlS for a mechanlc's l%en or a c!a%m for camages have been pald or w%l! De pa~d at clos%ng of this Con~rac~
· . ~CE OF CLOSING: C1oslng saall be held ~n =he coun=~ where Rea! Property ~s located, ar :he office of the a:~orney of the
Buyer
F. T~: !n co~u~%ng ~me 9erlods of !ess =nan slx ,~ days. Saturdays, Sundays and state or na=~ona! legal holidays s~al!
excluded ~y time 9er~ods provlded for here~n wn~ch s~.all end on Saturday. Sunday or legal hol=day shall ex~end %o 5 00 9 m
G. ~S ~R ~OS~G: Buyer s~ail furn:s~ deed, o.~er's possession afl.darts, correctlve ~ms=~men=s, and closing s~a~emen=
charge, =~:!e exam&naulon, and se~lemen~ and ~los:t~ fee s,hall De paid Dy ~e par=7 responsible for furnish:ns ~ne ~ie evidence
I. SPECZ~ ASS~ LI~S. Ce.::.~e., ccn~_~e~ and ra:~f~ed spec:al assessmen: l~ens as of ~te o~ closing {hOC as of E~ec::ve
Da~e) are ~o be paid by Seller Pending ..ens as of da~e of clos~n~ ~hai1 be assumed Dy Buyer If the ~prove~nc nas been
s~sCanc%a!!y co~leted as of Effective Da~e, az'f pend~ l~en shall be considered as certified, conf~ed o~ rarer:ed and Seller
K. PROCEEDS OF SA~E: CLOSING PROC~E T~ dee~ sna.. ~e recor~eC ~Dcn clearance of funds If ~n abstract o~ c[=le nas
would render Seller'~ tlcle =n~rze~aDle from ~-e ~a%e ~t t-e last e'.~dence Ail closlng proceeGs shall De held _- escrow by Seller's
rendered un~rketaD~e ~roug~ no fa~!t of Bu,~r Bu/er st=.. ~." ~le 5 da' per~od, -o~ff Se~ler ~. ~r.~_-g o~ -~e defect ~d
repa./ment. Buyer shall return Personalty and vacate Real Prooerty ar~ rec~nve, the Property to Seller ~ special war-ant, deeC and
Dill of sale If Buyer fails to make tlme[y demand [or refund, Buyer shall 5a~e Cit.e as is, waiving all rights agalnsc Sei.er as
to any lncer'venlng defect except as may De available to Buyer by 7~rtue of warranties contained ~n the deed or bill of sale if a
portion of the purchase price is to be derived from instltucsonal financing or refinancing, rec~/lrements of the lending
as Co place, time of day a~d procedures for clos:ng, and for dksburse~ent of mortgage proceeds s~all control over contrary
in Chis Contract Seller shall have ~he right Co require from the lending .nstltut~on a ~rltten cor~qllt~enc that It will not withhold
dlsDurseme~t of ~rcgage proceeds as a result of a~y Cl=le defect accrlbucable Co Buyer-mortgagor The escrow a~d closing procedure
red,red by ch%s Standard ~ay be waived kf title agent knsures adverse ma~ters pursuant ~0 Sec=lo~ 627 7841, F S , as amende~
L. ES~: Any escrow agent ("A~") recelvl~g f~ds or e~iva.e~ Is auchorlzed and agrees by acceptance of them co
chem ~rompcly, hold same In escrow and, subject to clearance, dlsDurse c~e~ in accordance w~th te~s and conditions of Contract
Faf!ute of clearance of funds s~all not excuse Buyer's perfo~nce !f In doubt as Co Agent's duties or llaDlllt!es u~er ~he
provisions of Contract, Agent ~y, ac Agent's Option, continue to hold the suP]eec ~cte~ of :he escrow unt~i the parches hereto
agree to ~ d~sb~rsement, or uncll a ]udgment of a cour~ of co~ecenc ]urlsd~cc~on s~al! dete~ne che r~ghts of che part.es cr
Agenc ~y de~oslc wlch the clerk of c~e clrcu&c court ~av~ng ]urlsd~cclon of che d~spure Upon noc~fylng all parties conceded of
such aC~lon, all I~aDll&cy on t~e ~arc of Agent shall fully Ce~nate, exceDc ~o =he extent of accouncIng for any ztems 9rev~ously
del~vered ouc of escrow If a l~censed real estate broker. Agent w~il :omplY wlch prov~slons o~ Chapter 475. F S . as amended
su~c between Buyer a~d Seller w~ere Agent ks ~de a par~y aecause o( actlnq ~s Agent hereunder, or ~n a~y suLc wherein Agent
~o ~e Dasd fr~ and out of ~e escrowed ~u~ds or e~lva_ t and C~arged and a~arded as cour~ costs ~n ~avor of :ne prevall.n~ Dar%?
The ~gent shall not be l~aDle %0 any party or person for -.~dellve~ %0 Buyer or Seller of ~%~s s~jec% ~D th~s escrow, unless such
m%sdellvery ls due :0 willful breach of Con%tact or gross negl~genc~ of Agen~
M. A~ ~; ~S: In any ll=lga=lon, ~ncludlng breach, enforcemen~ or ~n=e~re~a~on. arlszng ou~ o~ =bls Con=rac~,
prevalllng Dar=y ~n suc~ l~=lgaclon whlc~, for =~e pu~oses o~ :h~s Standard, shall ;nclude Seller. Buyer, and any brokers ac~ng
~n agency or nonagency rela¢lonshlps au=hor~zea by Chap=er 475, F S . as ame~aed, s~al! be en=;~ied =0 recover from =~e non-
preva~lln9 party reaso~ble attorney's ~ees, cos=s, and expenses
N. FAZL~ OF P~R~O~: If Buyer fa~ls :0 ~erfo~ :his Con:rac= wl~hin ~he ~%me spec!f~ed (~nclud!ng pa~en~ of all
deposit(s)), =he depos~{s) bald Dy Buyer and depcs:[~s) agreed 50 De paid, may De recovered and retained Dy or for ~he account of
Seller as agreed upon ll~z~=e~ da~ges, cons~aera~lon for =he execution of th=s Con~rac= and ~n full se==le~n= of any claims,
whereupon. Buyer and Seller shall be relieved o~ all oDllga=lons ,~der Contrac=, or Seller, a= Beller's oD~lon, ~y proceed ~n
=0 enforce Seller's rlg~=s under =~s Con~rac= If, for any reason o=~er than ~a=lure of Seller =0 ~e Se!let's =~=le ~rkeca~te
after dll~gen: ef~or=. Seller fa~ls, neglects or refuses =0 perfo~ ~h:s Con=tact, :he Buyer may seek spec~flc perfo~nce or elect
=0 receive =he re=ur~ of B~yer's depos1=(s) wl=~ou= ~hereby wa~vlng any ac:ton ~or da~ges res~l=l~g from Seller's breach
O. C0~ ~T ~CO~E; PERS~S BO~; NOTI~: Ne!~her =~s Con~ract nor any no~1ce of ~= shall be recorded in any
records Thls Con=fac: shall b~nd and ~nure =0 =~e benef== of =he partles and =~e~r successors ~n :n=eres= Whenever =~e con=ex:
pe~=s, sLngular shall =nclu~e plural and one gender shall ~nc!ude all No~ce g~ven oy or =0 =he attorney for any pasty s~a!l De
as e~fec=lve as if glven by or =0 =ha= par~y
P. ~Y~: Seller shall convey =~=le =0 Real Proper~y by warranty deed. suD]ec= only :0 ~==ers contained ~n ~a~ag~aoh
and =~ose O=~e~se accel=ed by Buyer Personal Property ~hal!, a= re.est of Buyer. De transferred by an absolute b~ll of ~ale with
no~ rea~%~y o~mervaDle by Buyer or whlch have no= Peen dlsclose~ =0 Buyer
LEASE
THIS LEASE, is made by and between CITY OF DELRAY BEAC~{, hereinafter
called "Landlord," whose address is 100 N.W. First Avenue, Delray Beach,
Florida 33444, and
, hereinafter called "Tenant."
WITNESS ETH:
In consideration of the faithful performance of all covenants,'
agreements and conditions herein contained, on the part of the Tenant to
be kept, done and performed, the sa~d Landlord does hereby lease to the
Lessee the following descr!bed property:
Single family reszdence _ocated at
, Delray Beach, Florida.
its "as is" condition.
Said property to be in
TO HAVE AND TO HOLD the same until November 1, 2002, at no rent.
Further, provided that in the event the Tenant has entered into a lease
with the School Board of Palm Beach County on or prior to November 1,
2002, which lease is acceptable to the School Board of Palm Beach County
and provides for the Tenant's right to continue to occupy the premises
after the conveyance of the property by the Landlord to the School Board
of Palm Beach County, the Tenant shall have the right to continue
occupancy after November 1, 2002, under the Lease with the Landlord until
the earlier of: December !, 2002, or the conveyance of the subject
property by the Landlord to the School Board of Palm Beach County.
NOTICE TO TENANT (Pursuant to Chapter 83, F.S.)
A. Landlord designaues SUSAN RUBY, ESQ., of the City Attorneys'
Office, 200 N.W. First Avenue, Delray Beach, FL 33444, as the person
authorized on its behalf to receive all notices and demands of Tenant.
THE TENANT FURTHER COVENANTS AND AGREES AS FOLLOWS:
1. Not to use or permit to be used the premises for any illegal,
iu~noral or improper purposes.
2. Not to make or permit any noise, disturbance or annoyance
whatsoever detrimental to the premises or to the comfort and peace of
neigh, boring residents.
3. The part~es agree that the premises, including lawn and
plantings, and pool (~f applicable), shall be continuously maintained in
good condition by the Tenant, lncludzng but not limited to air
condztioning and heat, appliances and/or appliance service conzrac~,
lnterzor pest extermination (lf desired), lawn & plantings, lawn pest
control, buildlng ex~erlor, bulldlng interior, pool and ecfuzpmenc/pool
sera/Ice, and that the obligatIon and cost of maintenance shall be borne
by the Tenant.
4. Ail charges for utzlltles servzces during the term of thls
Lease, including but not lmmted to electric, telephone, gas/fuel, sewer,
water, and refuse collectmon, shall be payable by the Tenant.
5. The Tenant assume full and complete risk of loss and injury to
themselves and others which may result from the occupancy of the subject
premmses pursuant to this Lease and mn consideration of such tenancy, the
Tenant agrees to indemnify, save, and hold the Landlord harmless from any
and all liabilmty, costs, claims, expenses, or damages of whatsoever
nature including defense costs, attorneys' fees, and administrative
COSTS.
6. Tenant shall deliver up possession of the premises at the end
of the term in as good condition as they now are, ordinary wear and tear
excepted; Tenant acknowledges prmor inspection of the premises and finds
same to be in good condition except as hereinafter noted.
7. Tenant agrees that Landlord shall have the right, upon
reasonable notice, to inspect the premises and to show the premises to
prospective Tenants or Purchasers.
8. Tenant agrees to pay the cost of repairing any and all damage
to the premises occasioned by Tenant or any other party during the term
of this Lease, including the cost of removing foreign substances from
toilets and sinks.
9. Tenant covenants and agrees that the premises shall not at any
time be occupied by more than one family or persons without
written approval of the Landlord.
10. DEFAULT: Tenant's default in the performance of the covenants
and conditions hereunder shall immedmately constmtute Tenant as a tenant
at sufferance and, in such event, Tenant wamves all right of notice to
vacate said premises, and the Landlord shall be entitled to re-enter and
retake possession of the premises immediat~!y and without liability for
such action.
11. Tenant agrees to pay all court costs and reasonable attorney's
fees which may be paid or incurred by Landlord or Landlord's agent
enforcing the covenants, conditmons, agreements and obligations of this
Lease mn the event of Tenant's default hereunder.
12. This Lease contains the en~!re agreement of the parties and
supersedes any and all prior agreements between them. This Lease shall
be bmnding upon the benefmt of the parties, their Personal
Representatives, successors and assigns.
13. Tenant shall not assmgn the Lease, or sublet the premises or
any part ~hereof, or permmt the premises or any part thereof to be used
or occupied by anyone other than Tenant or members of Tenant's ~mmediate
family, without the prior written consent of Landlord.
14. Tenant is hereby prohibited from making any improvements to ~he
subject real property other than pursuan~ to its repair and maintenance
and obligations as described herein and in the event a Claim of Lien
shall be recorded against the subject property as a result of any of
Tenant's actions and such Lien shall not be discharged of record within
ten (10) days thereafter, the Tenant shall be deemed to be in default
pursuant to the terms of this Lease.
IN WITNESS WHEREOF, the parties hereto have executed this Lease the
day and year first above written.
BY SIGNING THIS RENTAL AGREE:~ENT THE TENANT AGREES THAT UPON SURRENDER
OR ABANDONMENT, AS DEFINED BY THE FLORIDA STATUTES, THE LANDLORD SHALL
NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S
PERSONAL PROPERTY.
WITNESSES:
LANDLORD
AS to Landlord (2 required)
CITY OF DELRAY BEACH
By:
Printed Name:
Title:
AS to Tenant (2 required) TENANT:
CONTRACT FOR SALE AND PURCHASE
P;tRTIES: RON;uLD P. ASH~ON and ISABELLA D. PODESTA, his wife, ("~"), of 2401
~rW 2nd Street, Delray Beach, FL 33445, (Phone: 266-0338), and the CITY OF DELRAY
BF, AC~H, a Florida municipal COrl~oration, ("~iLU~"), of 100 N.W. 1st Avenue, Deiray
Beach, FL 33444 (Phone: 561-243-7000), hereby agree that the Seller shall sell
and Buyer shall buy the following described Real Property and Personal Property
(collectively "Rr~") upon the roi!owing terms and conditions, which INCLUDE
the Standards for Real Estate Transactions ("S~") on the reverse side
hereof or attached hereto and r~ders and any addenda to this Contract for Sale
and Purchase ("Contract").
DESCRIPTION:
(a) Legal description of the Real Property located in Palm Beach County,
Florida:
Lot 6, Replat of Pa~- of Breezy Ridge Estates, according to the map
or plat thereof as -ecorded in Plat Book 24, Page 116, Public
Records of Palm Beach County, Flor!da
Property Control No.:12-43-46-18-02-000-0060
(b) Street address, city, zip, of the Property is: 2401 NW 2nd Street,
Delray Beach, Florida
II. P~IRCHASE PRICE: $~79.400.00
PAI~:
(a) Deposit(s) paid wi=bin three (3)
business days following the Effective
Date of this Contract, to be
held in escrow by Robert W. Federspiel,
P.A. Trust Account in the amount of
$ 1,000.00
(b)
Balance to close (U.S. cash, attorney trust
account check, LOCALLY DRAWN certified or
cashier's check, or wire transfer) subject to
adjustments or proration
S178.400.00
Total $179,400.00
III.
IV.
TItlE FOR ACCEPT~tNCE; EFFECTI~rE DATE; FACSIMILE: If this offer is not
executed by and delivered to all parties OR FACT OF EXECUTION communicated
in writing between the parties prior to such offer being withdrawn by the
first party signing, the deposit(s) will, at Buyer's op~on, be returned
and this offer withdrawn. The date of Contract ("Effective Date") will be
the later of the date when the last one of the Buyer and the Seller has
signed this offer or the date the C~ty Commission of the C~ty of Delray
Beach approves th~s Contract. A facsimile copy of this Contract and any
slgnatures thereon shall be considered for all purposes as orlginals.
TITLE ~'VIDENCE: At least 30 days from the effective date, (CHECK ONLY
ONE) : ~Seller shall, at Seller's expense, deliver to Buyer or Buyer's
attorney; OR ·Buyer shall ac Buyer's expense obtain (CHECK ONLY ONE).
[]abstract of title or ·u~le insurance commitment (with legible copies
of instruments l!sted as excep~lons attached thereto) and, after closing,
an owner's policy of title insurance.
CLOSING DATE: This transaction shall be closed and the warranty Deed and
ocher closing papers delivered on the second Tuesday following the
expiration of the feasibility study period as provided for in Section
XI(A), unless modified by other provls~ons of Contract.
VI.
RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to:
comprehensive land use plans, zoning, restrictions, prohibitions and other
requirements imposed by governmental authorlty; res~rlctions and matters
appearing on the plat or otherwlse common to the subdivision; publlc
utility easements of record (easements are to be located contiguous to
Real Property !~nes and not more ~han 10 feeC ~n width as to the rear or
fron~ lines and 7-1/2 fee~ tn wld~h as to the side lines, unless otherwise
stated herein); taxes for ear of closlng and subsequent years; assumed
mortgages and purchase mone? mortgages, if any (if additional items, see
addendum); provided that there exlsts at closing no violation of the
foregoing.
VII.
OCCUPANCY: Seller warrants there are no parties in occupancy other =han
Seller. Seller shall deliver occupancy of Property to Buyer at time of
closing unless otherwise stated herein. If occupancy is to be delivered
before closing, Buyer assumes all risk of loss to Property from date of
occupancy, shall be responsible and liable for maintenance from that date,
and shall be deemed co have accepted Property in ics existing condition as
of t~me of taking occupancy unless otherwise stated herein.
VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
provisions, riders and addenda shall control all printed provisions of
this Contract ~n conflict with them.
IX.
ASSIGNABILITY: (CHECK ONLY ONE): Buyer (I) · may assign and thereby be
released from any further liability under this Contract; ~may assign but
not be released from !labi!Ity under this Contract; or ~may not assign
this Contract.
Xo
XI.
DISCLOSURES:
( a ) Radon
(b)
is a naturally occurrin~ radioactive gas that, when
accumulated in a building In sufficient quanti~ies, may present
health risks to persons who are exposed to it over time. Levels of
radon that exceed federal and state guidelines have been found in
buildings ~n Florida. Additional information regarding Radon or
Radon testing may be obtained from your County Public Health unit.
Buyer may have determined the energy efficiency rating of the
residential building, If any ~s located on the Real Property.
SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided,
attached addendum and CHECK HERE ·.
CITY OF DELRAY BEACH
By:
Tax ID No. 59-6000308
Date
DaCe
Social Security~ /~
or Tax ID No. C_~-~ '-WI--~'--&~
Deposit(s) under Paragraph II (a received; IF OTHER THAN CA~H, TT{EN SUBJECT TO
CLESd~NCE: ROBERT W. FEDEASPIEL, P.A.
By:
ADDENDUM TO CONTRACT FOR SALE ARD PURCHASE
SELLER.
RONALD P. ASHTON and ISABELLA D. PODESTA, his wlfe
BUYER:
CITY OF DELP~AY BEACH, a Florida municipal corporation
PROPERTY ADDRESS:
2401 NW 2nd Street, Delray Beach, FL 33445
XI. SPECIAL CLAUSES; ADDENDA (Continued) :
A. The Buyer shall have twelve (!2) buszness days following the approval
of this contract by the City Commlsslon as set forth in P~ below within
which to conduct any and all feasibility studles and determinations relative to
the suitablllty for the acquisition of the subject property by the Buyer and the
Buyer reserves the express right to terminate thls Contract at any tzme during
said period for any reason or no reason, In Buyer's sole discretion, whereupon
Buyer shall receive a full refund of all deposit monies paid hereunder Buyer
shall be granted reasonable access ~o the premises to conduct such feasibility
studies and determinations, !~clud!ng environmental assays, core drilling,
surveys, soil sampling and othe~ ~uch testlng.
B. This Contract is expressly contingent and conditioned upon the
approval of the same by the City Commission of the City of Delray Beach within
fifteen (15) business days from the date the Seller signs this Contract, and this
Contract shall ex"press!y not be deemed an "offer" by the Buyer for any purpose
unless and until the sa~d City Commission shall have approved and accepted said
Contract in open session If this Contract is not approved by the City
Commission of the City of De!ray Beach within fifteen (15) business days from the
date the Seller signs thls Contract, then thls Contract will be null and void and
of no further force or effect.
C. This purchase is in lieu of eminent domain. The parties believe that
this transaction is exempt from documentary stamp tax pursuant to Fla. Admin.
Code Ap. ri. r. 12B-4.013, however In the event the obligation for documentary stamp
tax is determined and assessed, the Seller agrees to be responsible for the same
and to indemnify, save, and hold the Buyer harmless for such taxes.
D. Early Closing- No~withs~anding the provisions set forth in Section v
of the Contract, Sellers elect to close fifteen (15) business days following the
date of delivery to the Buyer of the executed Contract and a copy of all mortgage
account information relaslve ~o any mortgages Seller may have on the subject
property.
Seller hereby acknowledges that they have deliYered the executed Contract for
Sale arid Purchase and provided the mortgage pa.%rment information on thls .~y
of
If you wish to ele~uhis eariy closing option, please
initial here:~ /~/{.
E. Purchase Price Adjustment: The Buyer hereby agrees that in the evenz
it shall have entered Into any voluntary contract outside of eminent domain for
the purchase of another property within the Breezy Ridge Estates subdivision
prior to the closing of this purchase and sale and such other contract would
provide a purchase price as defined in Article II. of the Contract for Sale and
Purchase which is greater than thirty percent {30%) above the appraised value of
such other property according ~o a bonaf~de appraisal acceptable to the Buyer
(the "Other Contract"), 5he Buyer shall increase the purchase price for the
property which is the subject of th!s Contract to reflect the same percentage
varlance above appraised value agreed ~o be paid In such Other Contract.
F. Proper~y Excluded: The fo!lowlng appllances, ~mprovements, and
fixtures located in or on the subject property are hereby excluded from the sale
and will be removed when we vacate the premises:
G. Post-Closing Occupancy: The underslgned Sellers hereby elect to
continue to occupy the property after closing as a Tenant under a lease agreement
with the Buyer to be signed at clpslng in form substantially as attached hereto,
which lease will provide for the ~ght to occupy the premises until November 1,
2002, at no rent. Further, provided that ~n the event the undersigned Seller has
entered into a lease with the School Board of Palm Beach County on or prior to
November 1, 2002, which lease is acceptable to the School Board of Palm Beach
County and provides for the Seller's right to continue to occupy the premises
after the conveyance of the property by the Buyer to the School Board of Palm
Beach County, the Seller shall have the right to continue occupancy after
November 1, 2002 under the lease with the Buyer until the earlier of- December i,
2002, or the conveyance of the subject property by the Buyer to the School Board
of Palm Beach County.
If you wish Co elect this po~-~losing oc~p~cy
option, please initial here: /~ , ~/ __z--r.
H. Relocation Benefit: The Buyer hereby acknowledges that if the
subject property is occupied as of the date of closing, the occupant will receive
a relocation benefit in the amount of One Thousand Five Hundred Dollars
($1,500.00), to be paid by the Buyer to the occupant upon the occupant vacating
the subject property.
BUYER'S INITIALS:
SELLERS' INITIALS:
STANDARDS FOR REAL ESTATE TRANSACTIONS
A EVIDENCE OF TITLE: (1)An an~rac- o~ - - ~ p[epared Or Drougt% c~rrenc o/ a reputable and exlst.-g aDstrac' f.r~ ~~ -C~
existing then Cert~fied as correct Dy a~ existing firm; purporting ~o De an accurate synopsis of t~e .nstruments affect.~g
CO Real Property recorded in the pubi-c records of 5ne countf waere.n Real Propers/ ~s located, t~rougm Effective Date [~
commence wlth ~he earliest puJDll~ records, or such ~ater date as may De cus~o~ar/ in ~e county Upon closlng of [h~s Contract.
abstract shall become the prope~/ of Bu/er subject ~o the right of re~en~1on t~ereof Dy f~rs~ mortgagee untll fully pald ~2~
Buyer. an OWner's policy Of ~:t!e ~nsurance 1n ~he amoun~ of the purchase price, l~surlng Buyer's title to Real Property,
onl~ ~o liens, encumbrances, exceptions or quallf1cat~on provided in 5~Is Contrac~ and those which shall be dlscharged oy Sel.er
at or before closing Seller shall convey a marketable ~it!e s~Ib]ec~ only ~o !lens, encumbrances, except_OhS Or ~a!lflcar~ons
forth ~n Contract Marketable ~_tle snail be de~erm, lne~ accord&ng ~o appi~cable T~zle S~andards adopted :y authority of The Fl:r~da
Bar and ~n accordance w~=h law Buyer shall nave 39 days. ~f aDs~rac~, or 5 da/s, .f tl=ie co~lcmen~, from daze of rece_;i~g
evldence of :l:le to examlne ~ If :l:Ie ls found :efec:lve, Buyer s~ai!, w:chln 3 days :hereaf:er, noilly Seller In
~pec~fy~ng defect(s} If :he defect,s) render %~le unmarketable. Seller w~!l ~ave 30 days from receipt of no~lce ~o remove
de,eot(s}, falllng wh~c~ Buyer shall, wl:h~n five ~5) days after expiration of :he 5h~r:y [30) =ay perlo:, del~ver written no::ce
~o Seller el:~er (i) extemdlng :he time for a reasonable 9er:od not ~o exceed 120 aa/s wl:hln wnlch Seller snell use dlllgen:
~o re.ye :he defec:s, or (2)recessing a refund of deposl:(s) pa~d wh&cn s~all ~mmedma~ely be re:urned 50 Buyer if Buyer fa~is
:o so noilly Seller, Buyer s~all be deemed to nave acc=o:ed :ne :ltle as ~ :nen is Seller shall, if :l%ie ls found unmarketable,
use dlllge~: effor: ~o correc: defect(s] ~n :.~ie ._- - ~he :zme 9rovlded :~erefor If Seller ls unaDie ~o :lmel{ correc:
defects, Buyer s~al! e~:her walve :he defects or recez'- refund of deposit(s;, thereby releaslng Buyer and Seller from all f~r:~er
o~l~ga~%on under :n~s Con:rac:
B. S~Y: Buyer, a: Buyer's expense, w~:hln :_me allowed ~o de!~ver evidence of :l:le, may have Real Proper:y su~eyed and
certlf%ed by a reglstered Florlda su~eyor If ~he su~mey dlscloses encroachments on :~e Real Proper:y or ~na~ lmprovemen:s loca:ed
~nereon encroach o~ se:back ll~es, easements, lands of o:hers, or vlolate any res:rlctlo~s, Contract covenants or app!Ica~!e
governmental regulation, :he same shall constz:ute a ~:!e defect.
C. I~SS ~ E~SS: Seller warrants and represents :haz ~ere ~s lngress and egress ~o :he Real Property suff:c~en~ for ~he
lntended use as descrlDed ~n ~a~a~a~h VI. nerecf, :l~!e ~o wnlch ~s In accordance w=:n Standard A
D. LI~S: Seller s~all fu~Is~ ~o Buyer a: ::me of c!oslng an aff~davl: attesting ~o ~ne absence, unless otherwise provl:ed for
hereln, of any flna~cl:g state.nfs, claims of l~en or pote~:lal llencr~ ~o~ ~o Seller and further a:~es:lng :ha: :~ere have been
no ~rove~n:s or repairs ~o Proper:y for 90 days ~edlate!y preceding date of closlng If Pro~er~y ~s been z~roved, or repalred
wl:hln ~ :lme. Seller saall deliver releases or wa!vets of mec~n~cs' llens execuzed Dy all general con~rac:ors, s~con:rac:ors,
· uppl~ers, and ~:erlalmen In add~::on ~o Se!ier'~ l~en aff~davl: se:~:ng for:~ :he names of all ~uch general contractors,
s~con:ractors, suppliers a~d ma~erlalmen and fur:net affirming :ha: all charges for ~rovemen:s or repalrs whlch could se~;e as
a bas~s for a mecha~lc's !len or a =lalm for damages have been paid or wlil De pald a: closlng of :hls Con~rac:
E. P~: OF CLOS~G: Closing s~al! be held ~n ihe county where Real Proper~y ~s located, ac :he offlce of :~e a~:orney of
Buyer
F. T~: In co~u:lng ::me ~erlods of !ess :nan S_x (6] days, Sa:ur:ays, Sunday~ and s:a:e or natlona! legal hol~oays shall be
excluded ~y :lme 9erlods 9rovlded for here~n wn_cn snell end on Saturday. Sunday or legal hollday shall ex:end to 5 00 p m of
~e ~ex: b~sl~ess day Time xs of :he essence in :h&s Contract.
G ~S FOR ~OSING- Buyer snal! furnlsh ceeb, o~.er's pcssesslor 3ffldavl:, correc~lve lns:rumencs, and c!oslng s:a:emen~
EXPENSES Recordlng of correc::ve ~ns:~umen:s s~all be pa&d Dy Se_.~r, recording of deed shall De Dasd by Buyer Unless
o:herw%se Drovlded by law or rlder ~o ~hls Contract. charges for :he foi!owzng related :l:le semites, namely tltle or abs:rac:
charge, tl:le examlnatlon and settiemem: and ciosln9 fee, ~nall De pa~d by :ne peri:- responslD!e for furn.shlmg the :~tle evidence
I. SPECi~ ASSES~ LI~S: Certlf~ed. con~l~ec and ra~:f~ed special assessment l~ens as of date of c!os~ng (not as of
Date) are to be pald by Seller Pending l~ens as cf dace of closlng shall be assumed by Buyer If cne l~rovemenc has teen
s~scanc~ally completed as of ~ffect~ve Dace~ an:' pending i~en shall De conslcered as cert~fled, conf:~ed or rac~e~ and Seller
shall, ac closlng, be charged an amount e~aa! to cne Iasc estl~ate of assessment for che lmprove~enc by =he publlc body
J. RISK OF LOSS If the ~roperty ~s de.ged D" ~lre or other casualty before closlng and cost of rescoraclon does hOC exceed
of t~e assessed valuatlon of c~e Property so damaged cost of restcraclon shall be an oDllgatlon of =he Seller and c!oslng shall
K PROCEEDS OF SA~E. CLOSING PROCED~K The feed s~a-. be recor~eC '=pon clearance of funds i~ am abstract of C15!e has been
would re~der Seller's tlcle ~n~rketaD.e Crom ~he u=ce DC t-e ias~ e~lJe~ce All c!oslng proceeds shall be ~eld In escrow Dy Seller's
b~ll of sale If Buyer falls to make tlmely demand for refund. Buyer snail ~a~e =.=le as .s, .a.v.rg a.l rights against Se.let as
as to place, time of day and procedures for closlng~ and for dls~ursement of ~or~gage proceeds shall control over contrary prov~slon
L. ESCROW' Any escrow agent ("A~.n~',) recelvlng f~nds or ec[ulvalen% is authorized and agrees by acceptance of them to deposit
agree ~0 zts dzs~ursement, or u~tzl a ]udgmen~ cf a court of competen~ ~%r~sd~c~on shall dete_--mzne zhe rlghts of the par~[es or
Agent may depos~ w~:n the clerk of ~he c~rcuz~ court nav~ng Jurisdiction of ~he d~spute Upon not~fy~n~ all part~es concern, ed of
SUCh act&on, all lzaDzlzty on ~he part of Agent snail fully te?m~nate, except :o the exten~ of accounting for any ztems previously
delivered out of escrow ~f a lzcensed real es~a~e ~ro~er, Agen~ w~ll comply w~ provisions of Chapter 475, ? S , as amended Any
:o be pazd from and ou~ of :he escrowed funds or e~.L%5 : and charged and awarded as court costs Ln favor of the prevaLlLn~ party
The Agen~ shall no~ be 1Ladle to any party or person for -_sde!:very to Buyer or Seller of :~ems su~ect :o :~Ls escrow, unless such
~Lsdel:very Ks due :o w:llful breach of Contract or gross ne~lLgence of Agent
prevax!:ng party :n such 1Lc:gat:on which, for the p~r~oses of th:s Standar:, small :nclude Seller, Buyer, and any brokers actLng
~n agency or nonagenoy rela~:onsh:ps author:zed Dy Chapter 475, ? S , as amended, s~all be entL:led to recover from the non-
preva:lLng party reasonable a~:orney's fees. costs, and expenses.
N. FAILURE OF PERFORate: If Buyer fa~!s to perform th~s Con:tact w~th~n the ~me speczf~ed (znc!ud~ng pay~en~ of all
depos:t(s):. ~he deposit{s) pa~d by Buyer and aepcs~ s] agreed to ~e pa.d, ~a¥ be recovered and re~a~ned oysr for ~he accoun~ of
w~ereu~on. Buyer and Seller shall be relieved of all ob!~gatlons under Contract, or Seller, at Seller's op:xon, may proceed ~n e~u~ty
:0 enforce Seller's r~gh:s un. er ~h~s Contract if. for any reason other ~han failure of Seller ~o make Seller's t~tle marketable
a~ter d~l~gent error%, Seller ~a~ls, neglects or refuses to perform tn~s Contract~ the Buyer may seek specLf~c performance or elec~
O. CO--CT NOT ~CORDA~LE; PERSONS BOU~D, NOTICe: Neither th~s Contract nor any not~ce of ~ shall be recorded ~n any pu~!~c
per~s, similar shall lnclude plural and one gencer s~all ~nclude all Not~ce g~en by or to che attorney for any party shall be
as effectLve as ~f gLven by or to that par~y
P. CONVeYAnCe: Seller s~all convey :~tle ~c Rea_ Proper~y by warranty deed, subject only to matters Contained ~n paragraph VT.
and :hose otherw%se accepted by Buyer Personal Prc~er~y shall, at red. est of Buyer oe transferred by an a~solute b~!l of sale ~th
by :~e party or par:~es ~m:ended to be ~ounc oy ~
E. W;kR~%~4TI~S: Seller warran:s that there are no fac~s known to Seller ma~erla!ly affecting ~he value of ~he Property which are
LEASE
THIS LEASE, is made by and between CITY OF DELRAY BEACH, hereinafter
called "Landlord," whose address is 100 N.W. Flrst Avenue, Delray Beach,
Florida 33444, and
, hereinafter called "Tenant."
W I T N E S S E T H:
In consideration of the faithful performance of all covenants,
agreements and conditions herein contained, on the part of the Tenant to
be kept, done and performed, the said Landlord does hereby lease to the
Lessee the following descrzbed property:
Single family residence _Dcated at
, Delray Beach, Florida.
its "as is" condition.
Sa~d property to be in
TO HAVE AND TO HOLD the same until November 1, 2002, at no rent.
Further, provided that in the event the Tenant has entered into a lease
with the School Board of Palm Beach County on or prior to November 1,
2002, which lease is acceptable to the School Board of Palm Beach Counzy
and provides for the Tenant's right to continue to occupy the premises
after the conveyance of the property by the Landlord to the School Board
of Palm Beach County, the Tenant shall have the right to continue
occupancy after November 1, 2002, under the Lease with the Landlord until
the earlier of: December 1, 2002, or the conveyance of the subject
property by the Landlord to the School Board of Palm Beach County.
NOTICE TO TENANT (Pursuant to Chapter 83, F.S.)
A. Landlord designates SUSAN RUBY, ESQ., of the City Attorneys'
Office, 200 N.W. First Avenue, Delray Beach, FL 33444, as the person
authorized on its behalf to receive all notices and demands of Tenant.
THE TENANT FURTHER COVENANTS AND AGREES AS FOLLOWS:
1. No~ to use or permz~ to be used the premises for any illegal,
immoral or improper purposes.
2. Not to make or permit any noise, disturbance or annoyance
whatsoever detrimental to the premises or Eo the comfort and peace of
neighboring residents.
3. The parties agree that the premises, including lawn and
plantings, and pool (if applicable), shall be continuously maintained an
good condition by the Tenant, Including but no~ limited to air
conditioning and heat, appliances and/or appliance service contract,
interior pest extermination (if desired), lawn & plantings, lawn pest
control, building ex,error, building Interior, pool and equipment/pool
service, and that the obllgatzon and cost of mazntenance shall be borne
by the Tenant.
4. Ail charges for utilities services during the term of this
Lease, ~ncludlng but not llmted to electric, telephone, gas/fuel, sewer,
water, and refuse collection, shall be payable by the Tenant.
5. The Tenant assume full and complete risk of loss and injury to
themselves and others which may result from the occupancy of the subject
premises pursuant to th~s Lease and in consideration of such tenancy, the
Tenant agrees to indemnify, save, and hold the Landlord harmless from any
and all liability, costs, claims, expenses, or damages of whatsoever
nature including defense costs, attorneys' fees, and administrative
costs.
6. Tenant shall deliver up possession of the premises at the end
of the term in as good condit~cn as they now are, ordinary wear and tear
excepted; Tenant acknowledges prlor inspection of the premises and flnds
same to be in good condition except as hereinafter noted.
7. Tenant agrees that Landlord shall have the right, upon
reasonable notice, to inspect the premises and to show the premises to
prospective Tenants or Purchasers.
8. Tenant agrees to pay the cost of repairing any and all damage
to the premises occasioned by Tenant or any other party during the term
of this Lease, including the cost of removing foreign substances from
toilets and sinks.
9. Tenant covenants and agrees that the premises shall not at any
time be occupied by more than one family or persons without
written approval of the Landlord.
10. DEFAULT: Tenant's default in the performance of the covenants
and conditions hereunder shall immediately constitute Tenant as a tenant
at sufferance and, in such event, Tenant waives all right of notice to
vacate said premises, and ~he Landlord shall be entitled to re-enter and
retake possession of the premises immediately and without l~ab~l~ty for
such action.
11. Tenant agrees tc pay all court costs and reasonable attorney's
fees which may be paid or ~ncurred by Landlord or Landlord's agent
enforcing the covenants, conditions, agreements and obligations of this
Lease in the event of Tenant's default hereunder.
12. This Lease contains the entire agreement of the parties and
supersedes any and all prior agreements between them. This Lease shall
be binding upon the benefit of the parties, their Personal
Representatives, successors and assigns.
13. Tenant shall not assign the Lease, or sublet the premises or
any part ghereof, or permit the premises or any part thereof to be used
or occupied by anyone other than Tenant or members of Tenant's immediate
family, without the prior written consent of Landlord.
14. Tenant is hereby prohibited from making any improvements to the
subject real property other than pursuant to its repair and maintenance
and obligations as described herein and in the event a Claim of Lien
shall be recorded against the subject property as a result of any of
Tenant's actions and such Lien shall not be discharged of record within
ten (10) days thereafter, the Tenant shall be deemed to be in default
pursuant to the terms of this Lease.
IN WITNESS WHEREOF, the parties hereto have executed this Lease the
day and year first above written.
BY SIGNING THIS RENTAL AGREEFENT THE TENANT AGREES THAT UPON SURRENDER
OR ABANDONMENT, AS DEFINED BY THE FLORIDA STATUTES, THE LANDLORD SHALL
NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S
PERSONAL PROPERTY.
WITNESSES:
LANDLORD:
As to Landlord (2 required)
CITY OF DELRAY BEACH
By:
Printed Name:
Title:
As to Tenant (2 required) TENANT:
CONTRACT FOR SALE AND PURCHASE
PARTIES= JOAN1TE WALDORF, a married woman, ("Se/]er"), of 24 NW 23rd Avenue, Delray
Beach, FL 33445, (Phone: 330-3123}, and the CITY OF DELRAY BEACH, a Florida
municipal corporation, ("Btly_e~i") , of 100 N.W. 1st Avenue, Delray Beach, FL 33444
(Phone: 561-243-7000), hereby agree that the Seller shall sell and Buyer shall
buy the following described Real Property and Personal Property (collectively
"P_r~") upon the following terms and conditions, which INCLUDE the Standards
for Real Estate Transactions ("~J~") on the reverse side hereof or
attached hereto and riders and any addenda to this Contract for Sale and Purchase
DESCRIPTION=
(a) Legal description of the Real Property located in Palm Beach County,
Florida:
Lot 39, Replat of Part of Breezy Ridge Estates, according to the map
or plat thereof as recorded in Plat Book 24, Page 116, Public
Records of Palm Beach County, Florida
Property Control No.:12-43-46-18~02-000-0390
(b) Street address, city, zip, of the Property is: 24 NW 23rd Avenue,
Delray Beach, Florida
II. PURCHASE PRICE: $~-~
PAYMENT:
(a)
Deposit(s) paid within three (3)
business days following the Effective
Date of this Contract, to be
held in escrow by Robert W. Federspiel,
P.A. Trust Account in the amount of
$ 1,000.00
(b)
Balance to close (U.S. cash, attorney trust
account check, LOCALLY DRAWN certified or
cashier's check, or wire transfer) subject to
adjustments or proration
S148.500.00
Total $149,500.00
III.
IV.
TIME FOR ACCEPTANCE; EFFECTIVE DATE; FACSIMILE: If this offer is not
executed by and delivered to all parties OR FACT OF EXECUTION communicated
in writing between the parties prior to such offer being withdrawn by the
first party signing, the deposit(s) will, at Buyer's option, be returned
and this offer withdrawn. The date of Contract ("Effective Date") will be
the later of the date when the last one of the Buyer and the Seller has
signed this offer or the date the City Commission of the City of Delray
Beach approves this Contract. A facsimile copy of this Contract and any
signatures thereon shall be considered for all purposes as originals.
TITLE EVIDENCE: At least 30 days from the effective date, (CHECK ONLY
ONE) : OSeller shall, at Seller's expense, deliver to Buyer or Buyer's
attorney; OR ·Buyer shall at Buyer's expense obtain (CHECK ONLY ONE):
Dabstract of title or ·title insurance commitment (with legible copies
of instruments listed as exceptions attached thereto) and, after closing,
an owner's policy of title insurance.
Vo
CLOSING DATE: This transaction shall be closed and the Warranty Deed and
other closing papers delivered on the third Thursday following the
expiration of the feasibility study period as provided for in Section
XI(A), unless modified by other provisions of Contract.
VI.
RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to:
comprehensive land use plans, zoning, restrictions, prohibitions and other
requirements imposed by governmental authority; restrictions and matters
appearing on the plat or otherwise common to the subdivision; public
utility easements of record (easements are to be located contiguous to
Real Property lines and not more than 10 feet in width as to the rear or
front lines and 7-1/2 feet in width as to the side lines, unless otherwise
stated herein); taxes for year of closing and subsequent years; assumed
mortgages and purchase money mortgages, if any (if additional items, see
addendum); provided that there exists at closing no violation of the
foregoing.
VII.
OCCUPANCY: Seller warrants there are no parties in occupancy other than
Seller. Seller shall deliver occupancy of Property to Buyer at time of
closing unless otherwise stated herein. If occupancy is to be delivered
before closing, Buyer assumes all risk of loss to Property from date of
occupancy, shall be responsible and liable for maintenance from that date,
and shall be deemed to have accepted Property in its existing condition as
of time of taking occupancy unless otherwise stated herein.
VIII. TYPEWRITTEN OR HAb-DWRITTEN PROVISIONS: Typewritten or handwritten
provisions, riders and addenda shall control all printed provisions of
this Contract in conflict with them.
IX.
ASSIGNABILITY: (CHECK ONLY ONE): Buyer (1) · may assign and thereby be
released from any further liability under this Contract; Dmay assign but
not be released from liability under this Contract; or ~may not assign
this Contract.
XI.
DISCLOS~IRES:
(a) Radon
(b)
is a naturally occurring radioactive gas that, when
accumulated in a building in sufficient quantities, may present
health risks to persons who are exposed to it over time. Levels of
radon that exceed federal and state guidelines have been found in
buildings in Florida. Additional information regarding Radon or
Radon testing may be obtained from your County Public Health unit.
Buyer may have determined the energy efficiency rating of the
residential building, if any is located on the Real Property.
SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided,
attached addendum and CHECK HERE ·.
CITY OF DELP~AY BEACH
By:
Tax ID No. 59-6000308
Date
/ ~o~e Waldorf
Social Security
or Tax ID No.
Deposit(s) under Paragraph II (a) received; IF OTHER THAN CASH, THEN SLrBJECT TO
CLEAR3%NCE: ROBERT W. FEDERSPIEL, P.A.
By:
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
SELLER:
JOANNE WALDORF, a married woman
BUYER:
CITY OF DELRAY BEACH, a Florida municipal corporation
PROPERTY ADDRESS:
24 NW 23rd Avenue, Delray Beach, FL 33445
XI. SPECIAL CLAUSES; ADDENDA (Continued):
A. The Buyer shall have twelve (12) business days following the approval
of this contract by the City Commission as set forth in ~r~ below within
which to conduct any and all feasibility studies and determinations relative to
the suitability for the acquisition of the subject property by the Buyer and th~
Buyer reserves the express right to terminate this Contract at any time during
said period for any reason or no reason, in Buyer's sole discretion, whereupon
Buyer shall receive a full refund of all deposit monies paid hereunder. Buyer
shall be granted reasonable access to the premises to conduct such feasibility
studies and determinations, including environmental assays, core drilling,
surveys, soil sampling and other such testing.
B. This Contract is expressly contingent and conditioned upon the
approval of the same by the City Commission of the City of Delray Beach within
fifteen (15) business days from the date the Seller signs this Contract, and this
Contract shall expressly not be deemed an "offer" by the Buyer for any purpose
unless and until the said City Commission shall have approved and accepted said
Contract in open session. If this Contract is not approved by the City
Commission of the City of Delray Beach within fifteen (15) business days from the
date the Seller signs th~s Contract, then this Contract will be null and void and
of no further force or effect.
C. This purchase is in lieu of eminent domain. The parties believe that
this transaction is exempt from documentary stamp tax pursuant to Fla. Admin.
Code Ann. r. 12B-4.013, however in the event the obligation for documentary stamp
tax is determined and assessed, the Seller agrees to be responsible for the same
and to indemnify, save, and hold the Buyer harmless for such taxes.
D. Early Closing: Notwithstanding the provisions set forth in Section V
of the Contract, Sellers elect to close fifteen (15) bus~ness days following the
date of delivery to the Buyer of the executed Contract and a copy of all mortgage
account information relative to any mortgages Seller may have on the subject
property.
Seller hereby acknowledges that they have delivered the executed Contract for
Sale and Purchase and provided the mortgage payment information on this day
of , 2002.
If you wish to elect t+his early closing option, please
initial here: V'~,~J
E. Purchase Price Adjustment: The Buyer hereby agrees that in the event
it shall have entered into any voluntary contract outside of eminent domain for
the purchase of another property within the Breezy Ridge Estates subdivision
prior to the closing of this purchase and sale and such other contract would
provide a purchase price as defined in Article II. of the Contract for Sale and
Purchase which is greater than thirty percent (30%) above the appraised value of
such other property according to a bonafide appraisal acceptable to the Buyer
(the "Other Contract"), the Buyer shall ~ncrease the purchase price for the
property which is the subject of this Contract to reflect the same percentage
variance above appraised value agreed to be paid in such Other Contract.
F. Property Excluded: The Seller shall be entitled to personally
salvage or remove all or any portion of the existing residential structure
located on the subject premises (the "Seller's Work") prior to the exq~iration of
the post-closing occupancy period set forth in Paragraph (G) below. Provided,
however, that in the event the Seller utilizes the services or labor of any third
parties in such effort then: (1) the Seller shall obtain public liability
comprehensive casualty insurance in a principal amount of not less than
$1,000,000.00, naming ~he Buyer as an additional insured, with such policy to
remain in force throughout the period during which the residential structure is
moved, (2) the Buyer and Seller jointly record such appropriate notices as are
provided for by law to prevent mechanic's liens from attaching to the subject
property as a result of Seller's Work, Seller's contractors and agents, and
(3) Seller shall agree to indemnify, save, and hold the Buyer harmless from any
and all losses, claims, causes of action, or liability of any nature resulting
from Seller's Work, including attorneys' fees and costs of litigation through the
appellate level.
Notwithstanding the foregoing, the following appliances, improvements, and
fixtures located in or on the subject property are hereby specifically excluded
from the sale and will be removed when we vacate the premises:
Septic tank, trees, fences, landscape plants, all appliances, mechanical
systems, all contents contained in the residence
G. Post-Closing Occupancy: The undersigned Sellers hereby elect to
continue to occupy the property after closing as a Tenant under a lease agreement
with the Buyer to be signed at closing in form substantially as attached hereto,
which lease will provide for the right to occupy the premises until November 1,
2002, at no rent or other charges. Further, provided that in the event the
undersigned Seller has entered into a lease with the School Board of Palm Beach
County on or prior to November 1, 2002, which lease is acceptable to the School
Board of Palm Beach County and provides for the Seller's right to continue to
occupy the premises after the conveyance of the property by the Buyer to the
School Board of Palm Beach County, the Seller shall have the right to continue
occupancy after Nove~%ber 1, 2002 under the lease with the Buyer until the earlier
of: December 1, 2002, or the conveyance of the subject property by the Buyer to
the School Board of Palm Beach County.
If you wish to elect this pq~t-c~losing occupancy
option, please initial here:
H. Relocation Benefit: The Buyer hereby acknowledges that if the
subject property is occupied as of the date of closing, the occupant will receive
a relocation benefit in the amount of One Thousand Five Hundred Dollars
($1,500.00), to be paid by the Buyer to the occupant upon the occupant vacating
the subject property.
BUYER'S INITIALS:
SELLERS' INITIALS
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. EVIDENCE OF TITLE: (1)An abstract of r:r!e prepared or brought current Dy a reputable and exlstlng abstract fl n~ (if not
existing then certified as correct by an existing firm) purporting to he an accurate synopsis of the instruments affecting title
to Real Property recorded in the public records Of the county wherein Real Property is located, through Effective Date It shall
commence with the earliest public records, or such later date as may be customary in the county Upon closing of this Contract, the
abstract shall become the property of Buyer, sub]ect to the right of retention thereof by first mortgagee until fully paid
A r:tle ~n~rance c~mml~m.nh issued by a Florida licensed title Insurer agreeing to issue to Buyer, upon recording of the deed to
Buyer, an owner's policy of title insurance in the amount of the purchase price, insuring Buyer's title to Real Property, subDect
only to liens, encumbrances, exceptions or qualification provided in this Contract and those which shall be discharged by Seller
at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set
forth in Contract Marketable title shall be determined according to applicable Title Standards adopted by authority of The Florida
Bar and in accordance with law Buyer shall have 30 days, if abstract, or 5 days, if title commitment, from date of receiving
evidence Of title to examine it If title is found defective, Buyer shall, wl~hln 3 days thereafter, notify Seller in writing
specifying defec:(s) If the defect(s) render title unmarketable, Seller w~ll have 30 days from receipt of notice to remove the
defect(s), failing which Buyer shall, within five I5) days after expiration of ~he thirty (30) day period, deliver written notice
to Seller either Il) extending the t~me for a reasonable period not =o exceed 120 days within which Seller shall use diligent effort
to re.ye the defects, or (2) requesting a refund of deposit(s) paid which shall immediately be returned to Buyer. If Buyer fails
to so notify Seller, Buyer shall be deemed to have accepted the title as it then is Seller shall, if title is found unmarketable,
use diligent effort to correct defect(s) in title w~% =n the time provided therefor If Seller is unable to timely correct the
defects, Buyer shall either waive the defects, or receive a refund of deposlt(s), thereby releasing Buyer and Seller from all further
obligation under this Contract
B. SURVEY: Buyer, at Buyer"s expense, within tlme allowed to deliver evidence of title, may have Real Property surveyed and
certified by a registered Florida surveyor If the survey discloses encroachments on the Real Property or that Improvements located
thereon encroach on setback lines, easements, lands of others, or vlolate any restrictions, Contract covenants or applicable
governmental regulation, ~he same shall constitute a title defect
C. I~G~SS A~D EGRESS: Seller warrants and represents that there is ingress and egress ~o the Real Property sufficient for the
intended use as described in Data. rash VT. hereof, title to which Is in accordance with Standard A
D. LIENS: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for
herein, of any financing statements, claims of lien or potential llenors known to Seller and further attesting that there have been
no improvements or repairs to Property for 90 days Immediately preceding date of closing If Property has been improved, or repaired
wlthln that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors,
suppliers, and materlalmen in addition to Seller's lien affldavlt setting forth the names of all such general contractors,
subcontractors, suppliers and materlalmen and further affirming that all charges for Improvements or repairs which could serve as
a basis for a mechanic's lien or a claim for damages have been paid or will be paid at closing of this Contract
E. P~ACE OF CLOSING: Closing shall be held in the county where Real Property is located, at the office of the attorney of the
Buyer
P. TIM~: In computing time periods of less than slx (6) days, Saturdays, Sundays and state or national legal holidays shall be
excluded Any time periods provided for herein which shall end on Saturday, Sunday or legal hollday shall extend to 5.00 p m. of
the next business day. Time xs of the essence ~n this Contract.
G. DOCUMENTS FOR CLOSING: Buyer shall furnish deed, owner's possession affidavit, corrective Instruments, and closing statement
H. EXPENSES: Recording of correct,ye Instruments shall be paid by Se. =r, recordln9 of deed shall be paid by Buyer Unless
otherwlse provlded by law or rider to ~hls Contract, charges for the following related title services, namely title or abstract
charge, title examination, and settlement and closing fee, shall be paid by the party responsible for furnishing the title evidence
in accordance with ~&r&~&~h TV
I. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessment liens as of date of closing (not as of Effective
Date) are to be paid by Seller Pending liens as of date of closing shall be assumed by Buyer If the improvement has been
suDstantlally completed as of Effective Date, any pending lien shall be considered as certified, confirmed or ratified and Seller
shall, at closlng, be charged an amount equal to the last estlmate of assessment for the improvement by the public body
K PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds If an abstract of tltle has been
furnished, evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or change which
would render Seller's title unmarketable from the date of the last evidence Ail closing proceeds shall be held In escrow by Seller's
attorney or other mutually acceptable escrow agen~ fo= ~ period of noc more than 5 days after closing date If Seller's title
rendered unmarketable through no fault of Buyez. Buyer shdll, withi.~ the 5 da}' period, notliy Seller in writing of the defect and
Seller shall have 30 days from date of recelp< cf s~ch motlficatlom to cure the defect If Seller fails to timely cure the defect.
al/ deposl~s) shall, upon written demand by Buyer and w~thtn 5 days after ~emand, De returned to Buyer and slmultaneousl}' w~h such
repayment, Buyer shall return Personalty and vacate Real Property and reconvey the Property to Seller b} special warranty deed and
bill of sale If Buyer fails to make timely demand for refund. Buyer shall tape ti%lc as is, waiving all rights against Seller as
to any intervening defect except as may be available to Buyer by virtue cf warrant.es contained in the deed or bill of sale If a
portion of the purchase price ~s to be derived from institutional financing or refinancing, requirements of the lending institution
as to place, time of day and procedures for closing, and for disbursement of mortgage proceeds shall control over contrary provision
In this Contract Seller shall have the right to rec~lre from the lending lnstltu~lor a written com~ltment that it will not withhold
disbursement of mortgage proceeds as a result of any title defect attributable to Buyer-mortgagor The escrow and closing procedure
required by this Standard may be waived if title agent Insures adverse matters pursuant to Section 627.7841, F S , as amended.
L. ESCROW: Any escrow agent ("A~,n~") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit
them promptly, hold same in escrow and, subject to clearance, disburse them In accordance wlth te~s and conditions of Contract
Failure of clearance of funds shall not excuse Buyer's perfor~zance If in doub~ as to Agent's duties or liabilities under the
provisions of Contract, Agent may, at Agent's option, continue to hold =he sub3ect matter of the escrow until the parties hereto
agree to its disbursement, or until a judgment of a court of competent jurisdiction shall determine the rights of the parties or
Agent may deposit with the clerk of the circuit court having ]urlsdlctlon of the dispute Upon notifying all parties concerned of
such actlon, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously
delivered out of escrow If a licensed real estate broker, Agent will com~ly with prcvlslons of Chapter 475, F S , as amended Any
suit between Buyer and Seller where Agent is made a party because of acting as Agent hereunder, or in any suit wherein Agent
Interpleads the subject matter of the escrow, Agent sh,~ll recover reasonable attorneys' fees and costs incurred with these a~unts
to be paid from and out of the escrowed funds or equlva±~?~ and charged and awarded as court costs in favor of the prevailing party.
The Agent shall not be liable to any party or person for mlsdellvery to Buyer or Seller of Items subject to this escrow, unless such
mlsdelxvery ls due to willful breach of Contract or gross negligence of Agent.
M. ATTOP/~Y I~S; COSTS: In any l~tlgatlon, ~ncludlng breach, enforcement or interpretation, arls~ng out o~ th/s Contract, the
prevall~ng party in such litigation which, for the purposes of th&s Standard, shall Include Seller, Buyer, and any brokers acting
in agency or nonagency relationships authorized by Chapter 475, F S , as amen=ea, s~all be entitled to recover from the non-
prevailing party reasonable attorney's fees, costs, and expenses
N. ~AILURE OF PERFO~W~NCE: If Buyer falls to per~orm this Contract within the time specified (including payment of all
deposit(s)), the de,celt(s) paid by Buyer and deposit{s) agreed to be pa~d, may be recovered and retained by or for the accoun~ of
Seller as agreed upon llqu~dated damages, consideration for the execution of this Contract and in full settlement of any claims,
whereupon, Buyer and Seller shall be relieved of all obligations under Contract, or Seller, at Seller's option, may proceed in equity
to enforce Seller's rights under this Contract If, for any reason other than failure of Seller to make Seller's title marketable
after d~llgent effort, Seller fa~ls, neglects or refuses to perform th~s Contract, the Buyer may seek specific performance or elect
to receive the return of Buyer's deposit(s) wlthout thereby walvlng any action for damages resulting from Seller's breach
O. CONTACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither thls Contract nor any notice of it shall be recorded in any public
records This Contract shall bind and inure to the benefit of the parties and their successors in Interest Whenever the context
permlts, singular shall Include plural and one gender shall include all Notice given by or to the attorney for any party shall be
as effective as if given by or to that party
P. CONV~ANC~: Seller shall convey title to Real Property by warranty deed, sub,eot only to matters contained ~n P&~aU~aph VI.
and those otherwise accepted by Buyer Personal Property shall, at request of Buyer, be transferred by an absolute bill of sale w~th
warranty of title, sub]eot only to such matters as may be otherwise provided for herein
Q. OTHER A(~EEM~S: NO prior Or present agreements or representations shall be binding upon Buyer or Seller unless included in
this Contract NO modification or change in this Contract shall be valid or ~ndlng upon the parties unless in writing and executed
by the party or parties intended to be bound by it
R, WA~XES: Seller warrants that there are no facts known to Seller materially affecting the value of the Property which are
not readily observable by Buyer or which have not been disclosed to Buyer
THIS LEASE, is made by and between CITY OF DELRAY BEACH, hereinafter
called "Landlord," whose address is 100 N.W. First Avenue, Delray Beach,
Florida 33444, and
, hereinafter called "Tenant."
W I T N E S S E T H:
In consideration of the faithful performance of all covenants,
agreements and conditions herein contained, on the part of the Tenant to
be kept, done and performed, the said Landlord does hereby lease to the
Lessee the following described property:
Single family residence located at
, Delray Beach, Florida.
its "as is" condition.
Said property to be in
TO HAVE AND TO HOLD the same until November 1, 2002, at no rent or
other charges. Further, provided that in the event the Tenant has
entered into a lease with the School Board of Palm Beach County on or
prior to November 1, 2002, which lease is acceptable to the School Board
of Palm Beach County and provides for the Tenant's right to continue to
occupy the premises after the conveyance of the property by the Landlord
to the School Board of Palm Beach County, the Tenant shall have the right
to continue occupancy after November 1, 2002, under the Lease with the
Landlord until the earlier of: December 1, 2002, or the conveyance of
the subject property by the Landlord to the School Board of Palm Beach
County.
NOTICE TO TENANT (Pursuant to Chapter 83, F.S.)
A. Landlord designates SUSAN RUBY, ESQ., of the City Attorneys'
Office, 200 N.W. First Avenue, Delray Beach, FL 33444, as the person
authorized on its behalf to receive all notices and demands of Tenant.
THE TENANT FURTHER COVENANTS AND AGREES AS FOLLOWS:
1. Not to use or permit to be used the premises for any illegal,
immoral or improper purposes.
2. Not to make or permit any noise, disturbance or annoyance
whatsoever detrimental to the premises or to the comfort and peace of
neighboring residents.
3. The parties agree that the premises, including lawn and
plantings, and pool (if applicable), shall be continuously maintained in
good condition by the Tenant, including but not limited to air
conditioning and heat, appliances and/or appliance service contract,
interior pest extermination (if desired), lawn and planings, lawn pest
control, building exterior, building interior, pool and equipment/pool
service, and that the obligation and cost of maintenance shall be borne
by the Tenant.
4. Ail charges for utilities services during the term of this
Lease, including but not limited to electric, telephone, gas/fuel, sewer,
water, and refuse collection, shall be payable by the Tenant.
5. The Tenant assume full and complete risk of loss and injury to
themselves and others which may result from the occupancy of the subject
premises pursuant to this Lease and in consideration of such tenancy, the
Tenant agrees to indemnify, save, and hold the Landlord harmless from any
and all liability, costs, claims, expenses, or damages of whatsoever
nature including defense costs, attorneys' fees, and administrative
costs.
6. Tenant shall deliver up possession of the premises at the end
of the term in as good condition as they now are, ordinary wear and tear
excepted; Tenant acknowledges prior inspection of the premises and finds
same to be in good condition except as hereinafter noted, subject to
Seller's right to remove any or all of the items from the premises,
including the house structure, at its sole cost and expense as per
Paragraph F. of the Addendum to the Contract for Sale and Purchase.
7. Tenant agrees that Landlord shall have the right, upon
reasonable notice, to inspect the premises and to show the premises to
prospective Tenants or Purchasers.
8. Tenant agrees to pay the cost of repairing any and all damage
to the premises occasioned by Tenant or any other party during the term
of this Lease, including the cost of removing foreign substances from
toilets and sinks, subject to Seller's right to remove any or all of the
items from the premises, including the house structure, at its sole cost
and expense as per Paragraph F. of the Addendum to the Contract for Sale
and Purchase.
9. Tenant covenants and agrees that the premises shall not at any
time be occupied by more than one family or persons without
written approval of the Landlord.
10. DEFAULT: Tenant's default in the performance of the covenants
and conditions hereunder shall immediately constitute Tenant as a tenant
at sufferance and, in such event, Tenant waives all right of notice to
vacate said premises, and the Landlord shall be entitled to re-enter and
retake possession of the premises immediately and without liability for
such action.
11. Tenant agrees to pay all court costs and reasonable attorney's
fees which may be paid or incurred by Landlord or Landlord's agent
enforcing the covenants, conditions, agreements and obligations of this
Lease in the event of Tenant's default hereunder. Landlord agrees to pay
all court costs and reasonable attorney's fees which may be paid or
incurred by Tenant or Tenant's agent enforcing the covenants, conditions,
agreements and obligations of this Lease in the event of Landlord's
default hereunder.
12. This Lease contains the entire agreement of the parties and
supersedes any and all prior agreements between them. This Lease shall
be binding upon the benefit of the parties, their Personal
Representatives, successors and assigns.
13. Tenant shall not assign the Lease, or sublet the premises or
any part thereof, or permit the premises or any part thereof to be used
or occupied by anyone other than Tenant or members of Tenant's immediate
family, without the prior written consent of Landlord.
14. Tenant is hereby prohibited from making any improvements to the
subject real property other than pursuant to its repair and maintenance
and obligations as described herein and in the event a Claim of Lien
shall be recorded against the subject property as a result of any of
Tenant's actions and such Lien shall not be discharged of record within
ten (10) days thereafter, the Tenant shall be deemed to be in default
pursuant to the terms of this Lease, subject to Seller's right to remove
any or all of the items from the premises, including the house structure,
at its sole cost and expense as per Paragraph F. of the Addendum to the
Contract for Sale and Purchase.
IN WITNESS WHEREOF, the parties hereto have executed this Lease the
day and year first above written.
BY SIGNING THIS RENTAL AGREEMENT THE TENANT AGREES THAT UPON SURRENDER
OR ABANDONMENT, AS DEFINED BY THE FLORIDA STATUTES, THE LANDLORD SHALL
NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S
PERSONAL PROPERTY.
WITNESSES:
LANDLORD:
As to Landlord (2 required)
CITY OF DELRAY BEACH
By:
Printed Name:
Title:
As to Tenant (2 required) TENANT:
CONTRACT FOR SALE A/TD PURCHASE
PARTIES: SYLlrESTER GRIFFIN and PAITLINE GRIFFIN, his wife, ("~"), of 2330 N.W.
2nd Street, Delray Beach, FL 33445, (Phone: Phonenumberofse!ler), and the CITY
OF DELRAY BEACH, a Florida municipal corporation, ("BdJJ~") , of 100 N.W.
Avenue, Delray Beach, FL 33444 (Phone: 561-243-7000), hereby agree that the
Seller shall sell and Buyer shall buy the following described Real Property and
Personal Property (collectively "~") upon the following terms and
conditions, which INCLUDE the Standards for Real Estate Transactions
("~") on the reverse side hereof or attached hereto and riders and any
addenda to this Contract for Sale and Purchase ("Contract").
DESCRIPTION:
(a) Legal description of the Real Property located in Palm Beach County,
Florida:
Lot 49, Replat of Psat of Breezy Ridge Estates, according to the map
or plat thereof as recorded in Plat Book 24, Page 116, Public
Records of Palm Beach County, Florida
Property Control No.:12-43-46-!8-02-000-0490
(b) Street address, city, zip, of the Property is: 38 N.W. 24th Avenue,
Delray Beach, Florida
II. PURCHASE PRICE:
PAXl~EI~T:
(a)
Deposit(s) paid within three (3)
business days following the Effective
Date of this Contract, to be
held in escrow by Robert W. Federspiel,
P.A. Trust AccounZ in the amount of
$ 1,000.00
(b)
Balance to close (U.S. cash, attorney trust
account check, LOCALLY DRAWN certified or
cashier's check, or wlre ~ransfer) subject to
adjustments or proration
~155.000.00
Total $156,000.00
III.
IV.
TItlE FOR ACCEPTANCE; EFFECTIVE DATE; FACSIMILE: If this offer is not
executed by and delivered to all parties OR FACT OF EXECUTION communicated
in writing between the part~es prior to such offer being withdrawn by the
first party signing, the deposit(s) will, at Buyer's option, be returned
and this offer withdrawn. The date of Contract ("Effective Date") will be
the later of the date when the last one of the Buyer and the Seller has
signed this offer or the date the City Commlss~on of the City of Delray
Beach approves this Contrac~ A facsimile copy of this Contract and any
signatures thereon shall be considered for all purposes as originals.
TITLE EVIDENCE: At least 30 days from the effective date, (CHECK ONLY
ONE) : ~Seller shall, at Seller's expense, dellver to Buyer or Buyer's
attorney; OR ·Buyer shall at Buyer's expense obtain (CHECK ONLY ONE).
[]abstract of title or ·title insurance commitment (with legible copies
of instruments listed as exceptIons a~tached thereto) and, after closing,
an owner's polmcy of tmtle insurance.
CLOSING DATE: This transaction shall be closed and the warranty Deed and
other closmng papers delivered on the 4th Wednesday follow!ng the
expiratmon of the feaslbm!ity study period as provided for in Section
XI(A), unless modified by other provisions of Contract.
VI.
RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to.
comprehensive land use plans, zoning, restrmctions, prohibitions and other
requirements imposed by governmental authority; restrictions and matters
appearing on the plat or otherwise common to the subdivision; public
utilmty easements of record (easements are to be located contmguous to
Real Property lmnes and not more than 10 feet in width as to the rear or
front lines and 7-1/2 fee~ in width as to the side lines, unless otherwise
stated herein); taxes for ear of closing and subsequent years; assumed
mortgages and purchase mone,; mortgages, if any {if addmtional mtems, see
addendum); provmded that there exlsts at closing no violation of the
foregomng.
VII.
OCuumANCY: Seller warrants there are no parties in occupancy other than
Seller. Seller shall deliver occupancy of Property to Buyer at tmme of
closing unless otherwise stated herein. If occupancy is to be delivered
before closing, Buyer assumes all risk of loss to Property from date of
occupancy, shall be responsible and liable for maintenance from that date,
and shall be deemed to have accepted Property in its existing condmtion as
of time of taking occupancy unless otherwise stated herein.
VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
provisions, riders and addenda shall control all printed provisions of
this Contrac~ in conflict with them
IX.
ASSIGNABILITY: (CHECK ONLY ONE): Buyer (1) · may assign and thereby be
released from any further liability under this Contract; ~may assign but
not be released from l!abilmty under this Contract; or ~may not assmgn
thms Contract.
Xo
XI.
DISCLOSURES:
(a) Radon
(b)
is a naturally occurring radioactive gas that, when
accumulated in a building mn sufficment quantities, may present
health rmsks to persons who are exposed to it over time. Levels of
radon that exceed federal and state gumdelines have been found mn
buildmngs mn Florida Addmulonat mnformation regarding Radon or
Radon testing may be obtamned from your County Publmc Health unmt
Buyer may have determmned the energy efficiency rating of the
residentmal buildmng, if any Is located on the Real Property.
SPECIAL CLAUSES; ADDENDA: If addmtional terms are to be provided,
attached addendum and CHECK HERE ·.
CITY OF DELRAY BEACH
By:
Tax ID No. 59-6000308
Date
Syl~,~ter Graf ' ~f Date
Social Security
or Tax ~D No.
Social Security ~-/~-- _;
or Tax ID NO. ~ ~D-"I6- f~'~g
Deposit(s) under Paragraph II (a/ received; IF OTHER THAN CASH, THEN SUBJECT TO
CLFJkR~NCE: ROBERT W. FED£RSPIEL, P.A.
By:
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
SELLER:
SYLVESTER GRIFFIN and PAULINE GRIFFIN, his wife
BUYER:
CITY OF DELRAY BEACH, a Florida municipal corporation
PROPERTY ADDRESS:
38 N.W. 24th Avenue, Delray Beach, FL 33445
XI. SPECIAL CLAUSES; ADDENDA (Continued) :
A. The Buyer shall have twelve (12) business days following the approval
of this contract by the City Commission as set forth in ~ below within
which to conduct any and all feasibility studies and determinations relative to
the suitability for the acqulsit~on of the subject property by the Buyer and the
Buyer reset-yes the express right to terminate this Contract at any time during
said period for any reason or no reason, in Buyer's sole discretion, whereupon
Buyer shall receive a full refund of all deposit monies paid hereunder. Buyer
shall be granted reasonable access to the premises to conduct such feasibility
studies and determinations, ~ncludlng environmental assays, core drilling,
surveys, soil sampling and othe_ such testing.
B. This Contract is expressly contingent and conditioned upon the
approval of the same by the City Commission of the City of Delray Beach within
fifteen (15) business days from the date the Seller signs this Contract, and this
Contract shall expressly not be deemed an "offer" by the Buyer for any purpose
unless and until the said City Commission shall have approved and accepted said
Contract in open session. If this Contract is not approved by the City
Commission of the City of Delray Beach within fifteen (15) business days from the
date the Seller signs this Contract, then this Contract will be null and void and
of no further force or effect.
C. This purchase is in lieu of eminent domain. The parties believe that
this transaction is exempt from documentary stamp tax pursuant to Fla. Admin.
Code Ann. r. 12B-4.013, however in the event the obligation for documentary stamp
tax is determined and assessed, the Seller agrees to be responsible for the same
and to indemnify, save, and hold the Buyer harmless for such taxes.
D. Early Closing: Notwithstanding the provisions set forth in Section V
of the Contract, Sellers elect to close fifteen (15) business days following the
date of delivery to the Buyer of the executed Contract and a copy of all mortgage
account information relative to any mortgages Seller may have on the subject
property.
Seller hereby acknowledges that they have de!Ivered the executed Contract for
Sale and Purchase and provided the mortgage payment information on this ~__ day
of 2002.
initial here:If you wish to elect~.~.~.this earl~closing~ option, please
/
E. Purchase Price Adjustment- The Buyer hereby agrees that in the event
It shall have entered into any voluntary contract outside of eminent domain for
the purchase of another property wlthln the Breezy Ridge Estates subdivlslon
prior ~o the closing of ~h~s purchase and sale and such other contract would
provide a purchase price as defined ~n Article II. of the Contract for Sale and
Purchase which ~s greater than zhlrty percent (30%) above the appraised value of
such other property according to a bonaf~de appraisal acceptable to the Buyer
(the "Other Contract"), the Buyer shall increase the purchase price for the
property which ~s the subject of this Contract to reflect the same percentage
variance above appraised value agreed to be paid ~n such Other Contract.
F. Property Excluded: The following appliances, improvements, and
fixtures located in or on the sub]ect property are hereby excluded from the sale
and will be removed when we vacate the premises:
(List):
G. Post-Closing Occupancy: The undersigned Sellers hereby elect to
continue to occupy the property after closing as a Tenant under a lease agreement
with the Buyer to be signed at c~osing in form substantially as attached hereto,
which lease will provide for the _lght to occupy the premises until November I,
2002, at no rent. Further, provided that in the event the undersigned Seller has
entered into a lease with the School Board of Palm Beach County on or prior to
November 1, 2002, which lease is acceptable to the School Board of Palm Beach
County and provides for the Seller's right to continue to occupy the premises
after the conveyance of the property by the Buyer to the School Board of Palm
Beach County, the Seller shall have the right to continue occupancy after
November 1, 2002 under the lease with the Buyer until the earlier of: December 1,
2002, or the conveyance of the subject property by the Buyer to the School Board
of Palm Beach County.
If you wish to elect this ~os~-closing o~pancy '
option, please initial here:
H. Relocation Benefit: The Buyer hereby acknowledges that if the
subject property is occupied as of the date of closing, the occupant will receive
a relocation benefit in the amount of One Thousand Five Hundred Dollars
($1,500.00), to be paid by the Buyer to the occupant upon the occupant vacating
the subject property.
BUYER'S INITIALS:
SELLERS' INITIALS:
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. EVIDENCE OF TITLE ~!)An a~r-ac- ~ -:r!~ p~epar~d or brought cdrrent Dy a reputable and existing aostract flrm ,.f
existing then certified as correct by an exlst.ng f~rm) purporting to De an accurate synopsis of the .nscruments affectln~
to Real Property recorded ~n the public records of ~e county whereln Rea~ Propert/ is located, throug~ Effect:ye Date it shall
co~wence with the earliest pu]Dllc records, or such later dace as may ~e customary ~n t~e countf Upon closing of this Contract c~e
abstract shall become the property of Buyer, subject %0 ~he right of retention thereof by first mortgagee unt.l fully said
A --~!- ~n~-an~ m~n.~mm-~ issued by a Florida licensed title Insurer agreeing to issue ~o Buyer, upon recording of the deec to
Buyer. an owner's policy of title Insurance in the amoun= of the purchase price, insuring Buyer's :z=ie =o Real Proper=y,
only =o liens, encumbrances, exceptions or quailficat.on provided ~ this Contract and those which shall be dlscharged by Sel.er
a~ Or before closing Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or quallf~catlons
forth in Con=tact Marketable title shall be de=ermlned according to applicable Title Standards adopted Dy authority of The Florida
Bar and in accordance wz~h law Buyer shall have 30 days, If abstract, or 5 days, if tltle commitment, from date of receiving
evidence of title ~o examine I: if title is found defective, Buyer shall, within 3 days thereafter, notify Seller in
spec~fy%n~ defect(s) If the defect(s) render t~tle ~nmarketable, Seller will have 30 days from receipt of notice to remove ~ne
defect{s), faAllng which Buyer shall, w~hln five {5) days after explra~lon of the thirty (30; day period, deliver written notice
~o Seller e~ther {1) extending the tlm~ for a reasonable per~od not to exceed 120 Gays wl~in which Seller shall use diligent effort
:o remove ~he defects, or (2) requesting a refund of de~os~t~s) paid ~n.ch s~all ~mmedlately be returned to Buyer If Buyer fails
to so notify Seller, Buyer shall be deemed to have ac~e~ted the ~Itle as .t then is Seller shall, if title Is found ~nmarketab.e,
~se d~llgent effort ~o correct defect[s) in ultle w_ ~ uhe time provided ~herefor If Seller ~s unable ~o uime!y correc~ the
defects, Buyer shall either waive the defects, or rece~ = ~ refund of deposit(s), thereby releasing Buyer and Seller from all further
obligation under this Contract
S, S~'RVEY Buyer, at Buyer's expense, within :.me allowed to deliver evidence of title, may have Real Property su~eyed and
certified by a registered Florida surveyor If the survey d~sctoses encroachments on the Real Property or that .m~rovements located
thereon encroach on setback lines, easements, lands of o~hers, or violate any restrlctlons, ~ontract covenants or appiIcao.e
governmental regulaclOno ~he same shall constzcu~e a title defec2
C. /~'I~ESS AND EGRESS: Seller warrants and represents t~at there is ingress and egress to the Real Property sufficient for the
intended use as described in ~.~a~a~hVT_ hereof, ~i:le to which is ~n accordance wlth Standard A
D. LIENS: Seller shall furn.~s~ :o Buyer at t_me of closing an affldav!~ at:estlng to ~he absence, unless otherwise provided for
herein, of a~y f%nanclng statements, claims of llen or potential llenors known =o Seller and further acres=lng tha~ t~ere have oeen
no i~rovemen=s or repairs to Property for 90 days .~a~edlately preceding date of c!os~ng If Property has been improved, or reDalred
w!=hln t.~&t time. Seller shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors,
su~pllers, and ma=erlalmen In addition to Seller's lien affidavit setting forth the names of al! SUCh general con~ractors,
subcontractors, suppliers and ma=erlalmen and further affirming that all charges for improvements or repairs which could serve as
a ~asls for a mechanAc's llen or a claim for damages nave been paid or will be paid a= closing of =his
E. PLAC~ OF CLOSINg: Closing shall be held in =ne countf where Real Property is located, a= the office of the attorney of the
Buyer
?. TZM~: In computing time periods of less =hah six (~} days, Saturdays, Sundays and state or national legal holidays shall be
excluded ~ny time perlods provided for hereln which shall end on Saturday, Sunday or legal hollday shall ex:end to 5 00 9 m of
the next ~uslness day Time ~s of the essence In th~s Contract.
G- DOCUM~24TS FOR CLOSING: Buyer shall furnish deec, owner's possession affidavit, corrective Instruments, and closing
H. EXPENSES: Recording of corrective lnst:n~ments shall be paid Dy Se--er, recording of deed shall De paid by Buyer Unless
otherwise provided by !aw or rider to this Contract c~arges for the foil_.lng related title services, namely title or abstract
charge, title examlnaclon, and set=!emen= and closing fee, shall be 9alo by ~ne party responsible for furnlsning ~ne ~lcle evI=ence
i. SPECIAL ASSESSMENT ~ZENS: Cer=lfled, conflrmec and ratified special assessment liens as of date of closing (not as of Effective
Date) are =o be paid by Seller Pending liens as of date of closing shall be assumed by Buyer if =ne i~Orovement has been
substantially completed as of Effective Date, any pending llen shall be considered as certified, confirmed or ratified and Seller
J. RISK OF LOSS: If ~e Property is damaged by f_re or ocher casualty before closing and cost of res~oratlon does not exceed
assessed valuation of the l~rovemen=s so damaged, Buyer shall have r~e option of el=her ~aklng Property as Is, together wl~h either
K ~ROCEEDS OF SALE, CLOSING PROCEDURE. The deed s"all be recorded upon clearance of funds If an aostract of title has been
would ~en~er Se!let's title un."~arketaDle from the ~are uf toe last e~idence ~iI closing proceeds shall be ~eld In escrow Dy Seller
attorney or ocher mu=uall/ acceptable escrow agent for a per~oO o~ tot ~ore t~an 5 days after closing dase If Seller's ~Itle
bill of sale If Buyer falls to make timely demand for refund, Bu/er snail faze 51%le as .s waiving all rights against Seller as
to any intervening defect except as may be available to Buyer Dy virtue of warrant.es contained in the deed or bill of sale If a
as to place, time of day and procedures for closing, and for disbursement of mortgage proceeds shall control over contrary provision
L ESCROW: Any escrow agent {"Age. r"} receiving funds or equivalent is aut~orlzed and agrees Dy acceptance of them to deposit
Agent may deposit wmth :he clerk of the clrcu~t court.having ]urmsdlctlon of the dispute Upon not~fymng all part~es concerned of
rheA gent shall not be lmable to any party or person for .sdel~ve~/ to Buyer or Seller of items subject to this escrow, unless such
~Isdelmvery is due to w~llful breach Of Contract or gross negligence of Agent
M. ATTOP~4EY FEES; COSTS: In any lltmgatlon, Inc!udlng breach, enforcement or interpretation, arising out of this Contract, the
preva~!%ng party in such l&=~gatmon which, for the purposes of thms Standard. shall include Seller, Buyer, and any brokers acting
~n agency Or nonagency relatlonsh~ps authorized by Chapter 475, ? S , as amended, shall be entitled to recover ~rom the non-
prevailing party reasonable attorney's fees, costs, and expenses
N FAILURE OF PERFO~/4ARCE: If Buyer falls to perform ~h~s Contract wlthmn ~ne t~me speczf~ed (Including payment of all
deposmt(s)), the deposmt(sl paid by Buyer and deposit(s) agreed to ue pa~d, may be recovered and retained by or for the account of
Seller as agreed upon l~quzdated damages, ¢onsmderatlon for the executmon of this Contract and in full settlement of any clamms.
whereupon, Buyer and Seller s~all ~e relieved of all obligations under Contract, or Seller, at Seller's option, may proceed mn equity
to enforce Seller's rmghts under th~s Contract If, for any reason other than fa~!ure of Seller ~o make Seller's tmtle marketable
after di!~gent effort. Seller fa=ls, neglects or refuses to perform t~:s Contract. the Buyer may seek specmfmc performance or elect
to recemve the re~urn of Buyer's deposit(s) wmthout thereby wamvmng any action for damages resulzmng from Seller's breach.
O. CONTI~ACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither ~hms Contract nor any not~ce of bt shall be recorded mn any public
pe.-mmus, smngular shall mnc!ude plural and one gender shall ~nc!ude all Nou~ce gmven by or to the attorney for any party shall De
as effective as mf given by or to that party
P CONVEYANCe: Seller shall convey tltle to Real Property by warran=y deed, sub]eot only ~o matters contained mn Pa~-g~a-h VT.
and chose otherwlse accepted by Buyer Personal Property shall, at reques~ of Buyer, be transferred by an absolute ~mll of sale wm=h
by the party or partles mntended to be bound ~y ~
R. WARRA/~TIES: Seller warrants tha~ there are nc facts ~nown to Seller mater~ally affecting ~he value of the ~roperty which are
not readlly Observable by Buyer or which have not seen dlsclosed to Buyer
LEASE
THIS LEASE, zs made by and between CITY OF DELRAY BEACH, hereinafter
called "Landlord," whose address is 100 N.W. First Avenue, Delray Beach,
Florida 33444, and
, hereinafter called "Tenant."
W I T N E S S E T H:
In consideration of the faithful performance of all covenants,
agreements and conditions herein contained, on the part of the Tenant to
be kept, done and performed, the said Landlord does hereby lease to the
Lessee the following descrIbed property:
Single family residence _ocated az
, Delray Beach, Florida.
its "as is" condition.
Said property to be in
TO HAVE AND TO HOLD the same until November 1, 2002, at no rent.
Further, provided that in the event the Tenant has entered into a lease
with the School Board of Palm Beach County on or prior to November 1,
2002, which lease is acceptable to the School Board of Palm Beach County
and provides for the Tenant's rmght Co continue to occupy the premises
after the conveyance of the property by the Landlord to the School Board
of Palm Beach County, the Tenant shall have the right to continue
occupancy after November 1, 2002, under the Lease with the Landlord until
the earlier of: December 1, 2002, or the conveyance of the subject
property by the Landlord to the School Board of Palm Beach County.
NOTICE TO TENANT (Pursuant to Chapter 83, F.S.)
A. Landlord designates SUSAN RUBY, ESQ., of the City Attorneys'
Office, 200 N.W. First Avenue, Delray Beach, FL 33444, as the person
authorized on its behalf to receive all notices and demands of Tenant.
THE TENANT FURTHER COVENANTS ~ AGREES AS FOLLOWS:
1. Not to use or permit to be used the premises for any illegal,
immoral or improper purposes.
2. Not to make or permit any noise, disturbance or annoyance
whatsoever detrimental to the premises or ~o the comfort and peace of
neighboring residents.
3. The parties agree that the premises, including lawn and
plantings, and pool (if applicable), shall be continuously maintained in
good condition by the Tenant, including but not limited to air
conditioning and heat, appliances and/or appliance service contract,
interior pest extermination (if desired), law~ & plantings, lawn pest
control, building exterior, building interior, pool and equipment/pool
service, and that the obllgation and cost of maintenance shall be borne
by the Tenant.
4. Ail charges for utilities services during the term of this
Lease, including but not limted to electric, telephone, gas/fuel, sewer,
water, and refuse collection, shall be payable by the Tenant.
5. The Tenant assume full and complete risk of loss and injury to
themselves and others which may result from the occupancy of the subject
premises pursuant to this Lease and in consideration of such tenancy, the
Tenant agrees to indemnIfy, save, and hold the Landlord harmless from any
and all liability, costs, claims, expenses, or damages of whatsoever
nature including defense costs, attorneys' fees, and administrative
COSTS.
6. Tenant shall deliver up possession of the premises at the end
of the te.~m in as good conditlcn as they now are, ordinary wear and tear
excepted; Tenant acknowledges prior inspection of the premises and finds
same to be in good condition except as hereinafter noted.
7. Tenant agrees that Landlord shall have the right, upon
reasonable notice, to inspect the premises and to show the premises to
prospective Tenants or Purchasers.
8. Tenant agrees to pay the cost of repairing any and all damage
to the premises occasioned by Tenant or any other party during the term
of this Lease, including the cost of removing foreign substances from
toilets and sinks.
9. Tenant covenants and agrees that the premises shall not at any
time be occupied by more than one family or persons without
written approval of the Landlord.
10. DEFAULT: Tenant's default in the performance of the covenants
and conditions hereunder shall immediately constitute Tenant as a tenant
at sufferance and, in such event, Tenant waives all right of notice to
vacate said premises, and the Landlord shall be entitled to re-enter and
retake possession of the premises immediately and without liability for
such action.
1!. Tenant agrees to pay all court costs and reasonable attorney's
fees which may be paid or incurred by Landlord or Landlord's agent
enforcing the covenants, conditions, agreements and obligations of th~s
Lease in the event of Tenant's default hereunder.
12. This Lease contains ~he entire agreement of the parties and
supersedes any and all prior agreements between them. This Lease shall
be binding upon the benefit of the parties, their Personal
Representatives, successors and assigns.
13. Tenant shall not assign the Lease, or sublet the premises or
any part thereof, or permit the premises or any part thereof to be used
or occupied by anyone other than Tenant or members of Tenant's immediate
family, without the prior written consent of Landlord.
14. Tenant is hereby prohibited from making any improvements to the
subject real property other than pursuant to its repair and maintenance
and obligations as described herein and in the event a Claim of Lien
shall be recorded against the subject property as a result of any of
Tenant's actions and such Lien shall not be discharged of record within
ten (10) days thereafter, the Tenant shall be deemed to be in default
pursuant to the terms of this Lease.
IN WITNESS WHEREOF, the parties hereto have executed this Lease the
day and year first above written.
BY SIGNING THIS RENTAL AGREEMENT THE TENANT AGREES THAT UPON SURRENDER
OR ABANDONMENT, AS DEFINED Bi THE FLORIDA STATUTES, THE LANDLORD SHALL
NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S
PERSONAL PROPERTY.
WITNESSES:
LANDLORD:
As to Landlord (2 required)
CITY OF DELRAY BEACH
By:
Printed Name:
Title:
As to Tenan~ (2 required) TENANT:
CONTRACT FOR SABLE AB'D PITRCHASE
PA~RTIES: SYL%rESTER GRIFFIN and PAULIN]Z A. GRIFFIN, his wife, ("~eller") , of 2330
N.W. 2nd Street, Delray Beach, FL 33445, (Phone: ), and the
CITY OF DELRAY BEACH, a Florida municipal corporation, ("~"), of 100 N.W.
Avenue, De!ray Beach, FL 33444 {Phone: 561-243-7000), hereby agree that the
Seller shall sell and Buyer shall buy the following described Real Property and
Personal Property (collectively "~P_r~") upon the following terms and
conditions, which INCLUDE the Standards for Real Estate TransactIons
("~") on the reverse slde hereof or attached hereto and riders and any
addenda to this Contract for Sale and Purchase
DESCRIPTION:
(a) Legal description of the Real Property located in Palm Beach County,
Florida:
Lot 52, Replat of Pavu of Breezy Ridge Estates, according to the map
or plat thereof as uecorded in Plat Book 24, Page 116, Public
Records of Palm Beach County, F!or~da
Property Control No.:12-43-46-18-02-000-0520
(b) Street address, city, zip, of the Property is: 2330 N.W. 2nd Street,
Delray Beach, Florida
II. PURCHASE PRICE: $175.500.00
PAYMEiTT:
(a)
Deposit(s) paid within three (3)
business days following the Effective
Da~e of this Contract, to be
held in escrow by Robert W. Federspiel,
P.A. Trust Account in the amount of
$ 1,000.00
(b)
Balance to close (U.S. cash, attorney trust
account check, LOCALLY DRAWN certified or
cashier's check, or wire transfer) subject to
adjustments or proration
Total $175,500.00
III.
IV.
TI~rE FOR ACCEPTANCE; EFFECTIVE DATE; FACSIMILE: If this offer is not
executed by and delivered to all part~es OR FACT OF EXECUTION communicated
in writing between the parties prior to such offer being withdrawn by the
first party signing, the deposit(s) will, at Buyer's option, be returned
and this offer withdrawn. The date of Contract ("Effective Date") w~l! be
the later of the date when the last one of the Buyer and the Seller has
slgned this offer or the date the Clty Commission of the City of Delray
Beach approves this Contract. A facslmile copy of this Contract and any
s~gnatures thereon shall be considered for all purposes as origInals.
TITLE EVIDENCE: At least 30 days from the effective date, (CHECK ONLY
ONE) : OSel!er shall, at Seller's expense, deliver to Buyer or Buyer's
attorney; OR ·Buyer shall at Buyer's expense obtain (CHECK ONLY ONE)-
[]abstract of title or ·title insurance commitment (with legible copies
of instruments listed as exceptions attached thereto) and, after closing,
an owner's policy of ~lcle insurance.
Vo
CLOSING DATE: This transaction shall be closed and the Warranty Deed and
other closing papers delivered on the 4th Thursday following the
expiration of the feasibility study period as provided for in Section
XI(A), unless modified by other provisions of Contract.
VI.
RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to:
comprehensive land use plans, zoning, restrictions, prohibitions and other
requirements imposed by governmental authority; restrictions and matters
appearing on the plac or otherwise common to the subdivision; public
utility easements of record (easements are to be located contiguous to
Real Property l!nes and not more than 10 feet in width as to the rear or
front lines and 7-1/2 fee~ In width as to the side lines, unless otherwise
stated herein); taxes for .ear of closing and subsequent years; assumed
mortgages and purchase money' mortgages, if any (If additional items, see
addendum); provided that there exists at closing no violation of the
foregoing.
VII.
OCuumANCY: Seller warrants there are no parties in occupancy other than
Seller. Seller shall deliver occupancy of Property to Buyer at time of
closing unless otherwise stated herein. If occupancy is to be delivered
before closing, Buyer assumes all risk of loss to Property from date of
occupancy, shall be responsible and liable for maintenance from that date,
and shall be deemed to have accepted Property in its existing condition as
of time of taking occupancy unless otherwise stated herein.
VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
provisions, riders and addenda shall control all printed provisions of
this Contract in confl!ct with them.
IX.
ASSIGNABILITY: (CHECK ONLY ONE): Buyer (1) · may assign and thereby be
released from any further liability under this Contract; Omay assign but
not be released from liability under thls Contract; or []may not assign
this Contract.
Xo
XI.
DISCLOSIIRES
( a ) Radon
(b)
is a naturally occurring radioactive gas that, when
accumulated in a building in sufficient quantities, may present
health risks to persons who are exposed to it over time. Levels of
radon that exceed federal and state guidelines have been found in
buildings ~n Florida. Additional information regarding Radon or
Radon testing may be obtained from your County Public Health unit.
Buyer may have determined the energy efficiency rating of the
resident!a! building, if any is located on the Real Property.
SPECIA3~ CLAUSES; ADDE~-DA: If additional terms are to be provided,
attached addendum and CHECK HERE ·.
CITY OF DELRAY BEACH
By:
Tax ID No. 59-6000308
Date
Social Security
or Tax ID No.
Pauline Griffin
Social SecurityA,-~
or Tax ID No.
Deposit(s) under Paragraph II (a' received; IF OTHER THAN CASH, THEN SUBJECT TO
CLEARANCE: ROBERT W. FEDE~SPIEL, P.A.
By:
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
SELLER:
SYLVESTER GRIFFIN and PAULINE A. GRIFFIN, his wife
BUYER:
CITY OF DELRAY BEACH, a Florida municipal corporation
PROPERTY ADDRESS:
2330 N W. 2nd Street, Delray Beach, FL 33445
XI. SPECIAL CLAUSES; ADDENDA (Continued):
A. The Buyer shall have twelve (12) buslness days following the approval
of this contract by the City Commission as set forth ~n ~_a~ be!ow within
which to conduct any and all feasibility studies and determinations relative to
the suitability for the acqulsit~on of the sub]ect property by the Buyer and the
Buyer reserves the express right to terminate this Contract at any time during
said period for any reason or no reason, in Buyer's sole discretion, whereupon
Buyer shall receive a full refund of all deposit monies paid hereunder Buyer
shall be granted reasonable access to the premises to conduct such feasibl!Ity
studies and determinations, ~ncludlng envlronmental assays, core drilling,
surveys, soil sampling and othe~ such testing.
B. This Contract is expressly contingent and conditioned upon the
approval of the same by the City Commission of che City of Delray Beach within
fifteen (15) business days from the date the Seller signs this Contract, and this
Contract shall expressly not be deemed an "offer" by the Buyer for any purpose
unless and until the said City Commission shall have approved and accepted said
Contract in open session. If this Contract is not approved by the City
Commission of the City of De!ray Beach within fifteen (15) business days from the
date the Seller signs this Contract, then this Contract will be null and void and
of no further force or effect.
C. This purchase is In lieu of eminent domain. The parties believe that
this transaction is exempt from documentary stamp tax pursuant to Fla. Admln.
Code Ann. r. 12B-4.013, however in the event the obligation for documentary stamp
tax is determined and assessed, the Seller agrees to be responsible for the same
and to inden%nify, save, and hold the Buyer harmless for such taxes.
D. Early Closing. Notwithstanding the provisions set forth in Section V
of the Contract, Sellers elect to close fifteen (15) business days following the
date of delivery to the Buyer of the executed Contract and a copy of all mortgage
account information re!atlve to any mortgages Seller may have on the subject
property.
Seller hereby acknowledges that they have del'_'zered the executed Contra~ for
Sale a~Purchase and provld_ed the mortgage payraent information on this~_~ day
If you wish to elect this early~losing option, please
initial here: ~, ~ ~
E. Purchase Price Adjustment: The Buyer hereby agrees that in the event
· t shall have entered into any voluntary contract outside of eminent domain for
the purchase of another property within the Breezy Ridge Estates subdivision
prior to the closing of this purchase and sale and such other contract would
provide a purchase price as defined ~n Article II of the Contract for Sale and
Purchase which ~s greater than thirty percent (30%) above the appraised value of
such other property according to a bonaflde appraisal acceptable to the Buyer
(the "Other Contract") , ~he Buyer shall ~ncrease the purchase price for the
property which is the subject of this Contract to reflect the same percentage
variance above appraised value agreed to be pald In such Other Contract.
F. Property Excluded: The following appliances, improvements, and
fixtures located in or on the subject property are hereby excluded from the sale
and will be removed when we vacate the premises-
(List):
G. Post-Closing Occupancy: The underslgned Sellers hereby elect to
continue to occupy the property after closing as a Tenant under a lease agreement
with the Buyer to be signed ac closing in form substant~al!y as attached hereto,
which lease will provide for the _Ight to occupy the premises until November 1,
2002, at no rent. Further, provided that in the event the undersigned Seller has
entered into a lease with the School Board of Palm Beach County on or prior to
November 1, 2002, which lease is acceptable to the School Board of Palm Beach
County and provides for the Seller's right to continue to occupy the premises
after the conveyance of the property by the Buyer to the School Board of Palm
Beach County, the Seller shall have the right to continue occupancy after
November 1, 2002 under the lease with the Buyer until the earlier of: December 1,
2002, or the conveyance of the subject property by the Buyer to the School Board
of Palm Beach County.
option, please initial here: ~
H. Relocation Benefit: The Buyer hereby acknowledges that if the
subject property is occupied as of the date of closing, the occupant will receive
a relocation benefit in the amount of One Thousand Five Hundred Dollars
($1,500.00), to be paid by the Buyer to the occupant upon the occupant vacating
the subject property.
BUYER'S INITIALS:
SELLERS' INITIALS:
STANDARDS FOR REAL ESTATE TRAIgSACTIONS
A. gVIDENCE OF TITLE: {1;An ab~rrac- ~ -~-~ prepared or Drougn~ c~rrent ~y a reputable and exlszlmg ans~ract firm ,~i
to Real Property recorded ~n the puDl~c records of the county wherein Real Proper%£ =s located, through Effect:ye Date It sba._
co~ence wkth ~he earliest p%LOlic records, or such later date as may be customary in t~e county Upon closlng cc this Contract C~e
abstract shall become :he property of Buyer, subject tO the right cf retention :hereof by flrst mortgagee Jntll full\, paid
Buyer, an owner's policy Of title insurance Ln the amount of the purchase price, insuring Buyer's title Co Real Property, subject
only to l~ens, encumbrances, except:ohs Or qualiflcat:on provided zn chis Contract and those which shall be discharged by Se.let
at or before closing Seller shall convey a ~arketable title subject col/ :o l~ens, encumbrances, except:ohs or ~aL:f:catlons se:
forth Ln Contract Marketable :::le shall De dete~ned according :o applicable Title Standards adopted oy authority of The FlorLca
Bar and :n accordance w:c~ law Buyer s~all ~ave 30 days, :f aOs:rac:, or 5 days, Lf title co~L:men:, :rom date of receiving
evidence of :~:le :o examine Lz If title ~s found :elective, Buyer s~ail, w::h:n 3 days thereafter, not:fy Seller ~n
s~ecL~y:ng defect(s) If the defect(s) render title unmarketable, Seller wLIl have ]0 days from receL~: of no:Lce :o remove
~efec~(sl, failing w~xch Buyer shall, wL~hLn five (51 days al:er expire:Ion of :~e :~rty []0) day period, del:vet ~rLc:en
~o Seller et:her ~l; ex,ending the ::~ for a reasonable period not :o exceed 120 aays wL:h:n which Seller shall use d:izgen: effort
:o re,ye toe defects, or (2)re~aescLng a refund of deposit:s) paid w~Lcn s~all immediately be returne~ :o Buyer :f Buyer fa:is
:o so notify Seller. Buyer shall be deemed :o ~ave acce~:e~ :he ~le as :: :hen :s Seller s~all, ~f ::tie :s found un~rKeca~Le,
use dl!Lgen: effor~ :o correc~ defect(s) :n ::%!e w. - the ~:me provided therefor if Seller :s ~nable :o ~Lmely correct
de~ects, Buyer shall either walve the defects, or receL : - refund of ~eposL:(s), ~nereoy releasing Buyer an~ Seller from all
B. S~Y: Buyer, a= Buyer's expense, wi=bin time allowed =o del~ver ev=dence of =~=le, ~y have Real Pro~er=y surveyed and
cer~=ed by a regzsuer~ Florida su~eyor If ~he su~;ey dlsc!oses encroac~n=s on the Real Proper:y or =ha= ~rovemen=~ loca=ed
thereon encroac~ on setback 1l~es, easemen:s, lands of ochers, or violate any res=rlc=lo~s, Con=fac= covenan=s or appl~caDle
governmental regulaclon, :~e same s~all cons:lcu:e a :::le de:ec~
C ~G~SS ~ E~SS: Seller warrants and represents that :here Ls ingress an~ egress to the Real ~roper~y sufficient for
:ncended use as descr:bed In ~a~a~aDh VT. hereof, :::!e ~o w~ch is :n accordance w::h Standard A
D. LI~S. Seller s~ll fu~Lsh :o Buyer a: :Lme of closing an aff:davL: a::es~:ng ~o the a~sence, unless o:he~lse provided for
herein, o~ any fLnancl~g scace~n~s, claims of llen or po:en:lal llenors kno~ ~o Seller and further a::esCing :ha: there have bee~
no :~rove~nts or repalrs :o Prope~y ~or 90 days :~d&a:ely preceding date of closing If ~roperty has been :~roved, or reDa:red
wlChln :hat ClX, Seller s~all deliver releases or walvers of ~chanlcs' llens executed Dy al! general con:rac~ors, subcontrac:ors,
suppliers, and ~:erlalmen Ln addl~lon :o Seller's llen affl~vL~ setuLng forth :he na~s of all such general con, fac:ors,
s~concrac:ors, suppllers and ~er:almen and further affL~lng chat all charges for l~rove~nts or repalrs w~:c~ could se~e as
a basts for a mec~an:c's llen or a claim fo~ daises have Peen paid or will be pald a~ closing of this Conurac~
E. P~ OF CLOSING: C!os:ng shall De held :r :~e county where Real Proper~y :s located, ac the off:ce of :he attorney of
Buyer
F. T~: In Co~uclng tlme per:ods of less :han slx ~6) days, Sa:urdays. Sundays and s~ate or national legal holldays shall De
excluded ~y ::me ~erlods ~rov:ded for herein wnlch shall end on Saturday, Sunday or legal holiday shall extend ~o 5 00 p m of
G. DO~S FOR ~OS~G: B~yer s~all fU~lSh deed, o~er's ~ossess:o~ a~ldav:~, COrrective l~s=~e~ts, and closing s=a~emen:.
EXPENSES: Recording of corrective :ns:rumen:s snell be paid by Se--er, record:ns of deed s~all be 9ald by Buyer Unless
o:herw:se provided by law or rider :o :hLs Con, rat:, c~arge~ for :he fol!o~:ng related cl:le se~Lces, namely :L:le or abstract
charge, tl:!e examlna:lon, and se:tlemen: amd clos.ng ~ee, shall De paid Dy ~he 9ar:y responslble for furnlsklng :ne title evidence
I SPECI~ ~SES~ LI~S: Certified, conf:~ed and rauLf:ed specie! assess~n~ liens as of da~e of closing (not as of E~ecuLve
Da=e~ are =o be paid by Seller Pendlng llens as cf =ate o~ closing s~a!l be assumed by Buyer If ~he %~rovement has been
s~s~an=~aliy comple=ed as of Effec=~ve Date, any send.ns i~en shall se considered as certeS!ed, confl~ed or rat~ed and Seller
shall, at C!oslng, ~e c~arged an a~unt e~ual ~o une las= esthete of assessment for the ~rovemen= by =he ~ubl~c body
J. RISK OF LOSS If =he Property Is de.ged by flre or o~her Casual~y before closing and cost of res=oral.on does ~ot exceed
of the assessed valuation of =he Proper~y so da~ged, cost of restoration shall be an obligation of =he Seller and closlng shall
deposit(s)
K PROCEEDS OF SALZ. CLOSIN~ PROCED~E The reed ~ha_l be retorted uDoP clearance of ~unds If an aDs=fac= of ~l~le has been
furn~s~e= evidence of =l~le shall De contlnued a~ Buyer's exDeose to s~ow tl~le =n B~yer, without a~y e~cu~ra~ces Or c~a~ge which
would re~der Seller's ~l%!e un~rketaDie from ~he ~ase of toe last ev%dence Ail closing proceeds shall be held In escrow Dy
repayment, Buyer shall return Personalty and vacate Real Proper:? an~ reconve/ The Proper:? to Seller D'/ special warranty deed and
bkll of sale If Buyer falls to make timely demand for refund. Bu?er s~a!i take t~c!~ as ks. walv%ng a.l rkghts agaknst Seller as
to any knter~ening defect except as may be available to Buyer by v~rtue Of warranties contained kn the deed or bkll of sale If a
as to place. C~me of day and procedures for closing, and for disbursement of mortgage proceeds shall control over contrary provision
L. ESCROW: Any escrow agent ("Aq~nt") receiving funds or equivalent Is authorized and agrees by acceptance of them to deposit
Failure of clearance of ~unds shall not excuse Buyer's perfo~nance If ~n doubt as co Agent's duties or l~ab~llc~es under the
provisions of Contr&ct, Agent may. at Agent's opt=on, continue to hold the subject ~atcer of =he escrow until the part~es hereto
Agent may deposl= w~th the clerk of the clrcult court having ]urlsdlc=~on of the d:spute Upon notlfylng all paroles concerned of
such actlon, all l~aDllzty on the part of Agent shall fully term%nat~, except to the extent of accounting for any ~tems ~rev~ously
delivered out of escrow If a l&censed real estate broker, Agent w~il comply w~th prov~slons of Chapter 475, F S . as amended Any
The Agent shall not be l&a~le =0 any party or person for -.sdel~very =o Buyer or Seller of ~tems subject to thls escrow, unless such
m~sdellvery is due to w~llful breach of Contract or gross negligence of Agent
M. ATTORNEY FEES; COSTS: In any l~t~gat~on, lncludlng breach, enforcement or ln=er~retatlon, arls~ng out of thls Contract, the
preva~llng party %n such l~t~gatlon whloh, for the purposes of ~h~s Standard. shall ~nclude Seller, Buyer. and any brokers acting
in agency or nonagency relatlonsh~s authorlzed by Chapter 475, ? S , as amended, shall be entitled to recover from =he non-
9reva~!~ng party reasonable attorney's fees. costs, and expenses
N. PAZLUR~ OF P~RFORMARCE: If Buyer fa~ls to perform ~h~s Contract w~th~n the t~me specified (~nclud~ng payment of all
deposzt(s]), the deposit(s) pa~d by Buyer and depos%t(s) agreeo to be pa~d. may be recovered and retained by or for the account of
Seller as agreed upon l~qu~dated damages, cons~derat&on ~or t~e execution of thzs Con~rac~ and zn full settlement of any claims;
whereupon, Buyer and Seller shall be relieved of all obl~gatlons under Contract. or Seller, at Seller's option, may proceed zn equity
to enforce Seller's r~ghts under thzs Contract. If, for any reason other than failure o~ Seller to make Seller's tlgle marketable
after ~Al~gent effort, Seller fa~ls, neglects or refuses to perform ~h~s Con~ract, the Buyer may seek sDec~flc performance or elect
0. CONTRACT NOT R~CORDABLE. PERSONS BOUND; NOTICe: Ne:~her th:s Contract nor any not,ce of it shall be recorded ~n any pu~lzc
9ermLts, s~ngular shall ~nclude plural and one gender shall ~nclude all Not:ce g~ven by or to ~he attorney for any par~y shall be
as ef~ec=Ive as if given by or to that party
P. CONV~YARC~= Seller shall convey ~ztle to Real Property by warranty deed. subject only to ma~ters con:a:ned Ln p~ph v~.
and those otherwise accepted Dy Buyer Personal Property shall, at request of Buyer, be transferred by an a~solute bzll of sale w~ch
warranty of t!tle, sub]eot only Co such mat=ers as may be otherwLse provided for here~n
Q. OT1~R AGREEMENTS: NO prior or present agreements or representations s~all be D~nd~ng upon Buyer or Seller unless ~ncluded ~n
~y the party or par:xes Lntended ~o ~e bound by ~t.
R. WA~RARTIEB: Seller warrants ~ha~ there are no facts known to Seller mater~al!y affecting ~he value of =he Property which are
not read&ly observable ~y Buyer or which have not been d~sc!osed to Buyer
LEASE
THIS LEASE, is made by and between CITY OF DELRAY BEACH, hereinafter
called "Landlord," whose address is 100 N.W. First Avenue, Delray Beach,
Florida 33444, and
, hereinafter called "Tenant."
W I T N E S S E T H:
In consideration of the faithful performance of all covenants,
agreements and conditions herein contained, on the part of the Tenant to
be kept, done and performed, the said Landlord does hereby lease to the
Lessee the following described property:
Single family residence _ocated at
, Delta? Beach, Florida.
its "as is" condition.
Said property to be in
TO HAVE AND TO HOLD the same until November 1, 2002, at no rent.
Further, provided that in the event the Tenant has entered into a lease
with the School Board of Palm Beach County on or prior to November 1,
2002, which lease is acceptable to the School Board of Palm Beach County
and provides for the Tenant's right to continue to occupy the premises
after the conveyance of the property by the Landlord to the School Board
of Palm Beach County, the Tenant shall have the right to continue
occupancy after November 1, 2002, under the Lease with the Landlord until
the earlier of: December 1, 2002, or the conveyance of the subject
property by the Landlord to the School Board of Palm Beach County.
NOTICE TO TENANT (Pursuant to Chapter 83, F.S.)
A. Landlord designates SUSAN RUBY, ESQ., of the City Attorneys'
Office, 200 N.W. First Avenue, Delray Beach, FL 33444, as the person
authorized on its behalf to receive all notices and demands of Tenant.
THE TENANT FURTHER COVENANTS AL~ AGREES AS FOLLOWS:
i. Not to use or permit to be used the premises for any illegal,
immoral or improper purposes.
2. Not to make or permit any noise, disturbance or annoyance
whatsoever detrimental to the premises or to the comfort and peace of
neighboring residents.
3. The parties agree that the premises, including lawn and
plantings, and pool (if applicable), shall be continuously maintained in
good condition by the Tenant, including but not limited go air
condltzoning and heat, appliances and/or appliance service contract,
inter~or pest extermination (if desired), lawn & plantings, lawn pest
control, building exterior, building Interior, pool and equipment/pool
service, and that the obligation and cost of maintenance shall be borne
by the Tenant.
4. Ail charges for utilities services during the term of chis
Lease, Including but not limted to electric, telephone, gas/fuel, sewer,
water, and refuse collection, shall be payable by the Tenant.
5. The Tenant assume full and complete risk of loss and injury to
themselves and others which may result from the occupancy of the subject
premises pursuant to this Lease and in consideration of such tenancy, the
Tenant agrees to indemnify, save, and hold the Landlord harmless from any
and all liability, costs, claims, ex?enses, or damages of whatsoever
nature including defense costs, attorneys' fees, and administrative
costs.
6. Tenant shall deliver up possession of the premises at the end
of the term in as good condition as they now are, ordinary wear and tear
excepted; Tenant acknowledges prior inspection of the premises and finds
same to be in good condition except as hereinafter noted.
7. Tenant agrees that Landlord shall have the right, upon
reasonable notice, to inspect the premises and to show the premises to
prospective Tenants or Purchasers.
8. Tenant agrees to pay the cost of repairing any and all damage
to the premises occasioned by Tenant or any other party during the term
of this Lease, including the cost of removing foreign substances from
toilets and sinks.
9. Tenant covenants and agrees that the premises shall not at any
time be occupied by more than one family or persons without
written approval of the Landlord.
10. DEFAULT: Tenant's default in the performance of the covenants
and conditions hereunder shall immediately constitute Tenant as a tenant
at sufferance and, in such event, Tenant waives all right of notice to
vacate sa~d premises, and the Landlord shall be entitled to re-enter and
retake possession of the premises immediately and without liability for
such action.
11. Tenant agrees to pay all court costs and reasonable attorney's
fees which may be paid or incurred by Landlord or Landlord's agent
enforcing the covenants, conditions, agreements and obligations of this
Lease in the event of Tenant's default hereunder.
12. This Lease contains the entire agreement of the parties and
supersedes any and all prior agreements between them. This Lease shall
be binding upon the benefit of the part~es, their Personal
Representatives, successors and assigns.
13. Tenant shall not assign the Lease, or sublet the premises or
any part thereof, or permit the premises or any part thereof to be used
or occupied by anyone other than Tenant or members of Tenant's immediate
family, without the prior written consent of Landlord.
14. Tenant is hereby prohibited from making any improvements to the
subject real property other than pursuant to its repair and maintenance
and obligations as described herein and in the event a Claim of Lien
shall be recorded against the subject property as a result of any of
Tenant's actions and such Lien shall not be discharged of record within
ten (10) days thereafter, the Tenant shall be deemed to be in default
pursuant to the terms of this Lease.
IN WITNESS WHEREOF, the parties hereto have executed this Lease the
day and year first above written.
BY SIGNING THIS RENTAL AGREEMENT THE TENANT AGREES THAT UPON SURRENDER
OR ABANDONMENT, AS DEFINED BY THE FLORIDA STATUTES, THE LANDLORD SHALL
NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S
PERSONAL PROPERTY.
WITNESSES:
LANDLORD:
As to Landlord (2 required)
CITY OF DELRAY BEACH
By:
Printed Name:
Title:
As to Tenant (2 required) TENANT.:
CITY DF I]ELIII:IY BEACH
CITY ATTORNEY'S OFFICE ~oo .~., ~v,~,.,,~,,. ~,,~,~,,^.,. ,,,,^~,,, ,~,~o,,,,~^ .~,~,~,
TELEPHONE 561/243-7090 . FACSIMILE 561/278-4755
1993 TO:
FROM:
SUBJECT:
MEMORANDUM
May 6, 2002
City Commission
Susan A. Ruby, City Attorney
Approval of Contracts for Certain Breezy Ridge Residents
The additional contracts with the parties listed below are presented for your
approval. The contract prices represent a purchase price of thirty percent over the
appraised value.
The contracts also provide for:
Eady closing in an effort to get the money into the hands of the residents as
soon as possible.
Early closing also makes possible the early payoff of any mortgages, so
that no mortgage payments will need be paid for June, July, August,
September and October for those that close in May.
There is an opportunity for the residents to stay on after closing until
November 1, 2002 at no rent.
A relocation benefit is provided, of $1,500.00, payable when a resident
vacates the property.
There is also a provision that if any Breezy Ridge resident were to receive
more than thirty percent over appraised value as the purchase price, then
before closing, all Breezy Ridge contracts would be adjusted to provide the
same percentage over appraised value.
The following additional contracts are before you for approval:
Andre and Cadine Noel
12-43-46-18-02-000-0180
$182,000.00
Paul and Brenda Scroggins
12-43-46-18-02-000-0510
$162,500.00
City Commission
May 6, 2002
Page 2
Aubert and Alinette Presendieu
12-43-46-18-02-000-0190
$$162,500.00
Please call if you have any questions.
Attachments
CC:
David Harden, City Manager
Barbara Garito, City Clerk
Joe Safford, Finance Director
Becky O'Connor, Treasurer
Robert Federspiel, Esq.
CONTRACT FOR SALE AND PURCHASE
PARTIES: AITDR~ NOEL and CARLI~ NOEL, his wife, ('?u~l~"), of 13 NW 23rd Avenue,
Delray Beach, FL 33445, (Phone: 330-3899), and the CITY OF DELRAY BEACH, a
Florida municipal corporation, ("B/~"), of 100 N.W. 1st Avenue, Delray Beach,
FL 33444 (Phone: 561-243-7000), hereby agree that the Seller shall sell and Buyer
shall buy the following described Real Property and Personal Property
(collectively "P~") upon the following terms and conditions, which INCLUDE
the Standards for Real Estate Transactions ("~_~") on the reverse side
hereof or attached hereto and riders and any addenda to this Contract for Sale
and Purchase ("~").
DESCRIPTION:
(a) Legal description of the Real Property located in Palm Beach County,
Florida:
Lot 18, Replat of Part of Breezy Ridge Estates, according to the map
or plat thereof as recorded in Plat Book 24, Page 116, Public
Records of Palm Beach County, Florida
Property Control No.:12-43-46-18-02-000-0180
(b) Street address, city, zip, of the Property is: 13 NW 23rd Avenue,
Delray Beach, Florida
II. PURCHASE PRICE:
PAYM~TT:
(a)
Deposit(s) paid within three (3)
business days following the Effective
Date of this Contract, to be
held in escrow by Robert W. Federspiel,
P.A. Trust Account in the amount of
$ 1,000.00
(b)
Balance to close (U.S. cash, attorney trust
account check, LOCALLY DRAWN certified or
cashier's check, or wire transfer) subject to
adjustments or proration
S18].ooo.00
Total $182,000.00
III.
IV.
TI~ FOR ACCEPTANCE; EFFECTIVE DATE; FACSIMILE: If this offer is not
executed by and delivered to all parties OR FACT OF EXECUTION communicated
in writing between the parties prior to such offer being withdrawn by the
first party signing, the deposit(s) will, at Buyer's option, be returned
and this offer withdrawn. The date of Contract ("Effective Date") will be
the later of the date when the last one of the Buyer and the Seller has
signed this offer or the date the City Commission of the City of Delray
Beach approves this Contract. A facsimile copy of this Contract and any
signatures thereon shall be considered for all purposes as originals.
TITLE EVIDENCE: At least 30 days from the effective date, (CHECK ONLY
ONE): DSeller shall, at Seller's expense, deliver to Buyer or Buyer's
attorney; OR ·Buyer shall at Buyer's expense obtain (CHECK ONLY ONE):
Oabstract of title or ·title insurance commitment (with legible copies
of instruments listed as exceptions attached thereto) and, after closing,
an owner's policy of tltie insurance.
CLOSING DATE: This transaction shall be closed and the Warranty Deed and
other closing papers delivered on the third Tuesday following the
expiration of the feasibility study period as provided for in Section
XI(A), unless modified by other provisions of Contract.
VI.
RESTRICTIONS; EASEMF~NTS; LIMITATIONS: Buyer shall take title subject to:
comprehensive land use plans, zoning, restrictions, prohibitions and other
requirements imposed by governmental authority; restrictions and matters
appearing on the plat or otherwise common to the subdivision; public
utility easements of record (easements are to be located contiguous to
Real Property lines and not more than 10 feet in width as to the rear or
front lines and 7-1/2 feet in width as to the side lines, unless otherwise
stated herein); taxes for year of closing and subsequent years; assumed
mortgages and purchase money mortgages, if any (if additional items, see
addendum); provided that there exists at closing no violation of the
foregoing.
VII.
OCCUPANCY: Seller warrants there are no parties in occupancy other than
Seller. Seller shall deliver occupancy of Property to Buyer at time of
closing unless otherwise stated herein. If occupancy is to be delivered
before closing, Buyer assumes all risk of loss to Property from date of
occupancy, shall be responsible and liable for maintenance from that date,
and shall be deemed to have accepted Property in its existing condition as
of time of taking occupancy unless otherwise stated herein.
VIII. TYPE%TRITTEN OR H~/~D%TRITTEN PROVISIONS: Typewritten or handwritten
provisions, riders and addenda shall control all printed provisions of
this Contract in conflict with them.
IX.
ASSIGNABILITY: (CHECK ONLY ONE): Buyer (1) · may assign and thereby be
released from any further liability under this Contract; Omay assign but
not be released from liability under this Contract; or ~may not assign
this Contract.
xI.
DISCLOSURES:
(a) Radon is a naturally occurring radioactive gas that, when
accumulated in a building in sufficient quantities, may present
health risks to persons who are exposed to it over time. Levels of
radon that exceed federal and state guidelines have been found in
buildings in Florida. Additional information regarding Radon or
Radon testing may be obtained from your County Public Health unit.
(b) Buyer may have determined ~he energy efficiency rating of the
residential building, if any is located on the Real Property.
SPECIAL CLAUSES; ~DDENDA: If additional terms are to be provided,
attached addendum and CHECK HERE ·.
CITY OF DELRAY BEACH
By:
Tax ID No. 59-6000308
Date
~u{dr'e N0el
Social SecuriZ]~ ~
or Tax ID No.
Carline Noel
Social Security
or Tax ID No.
Date
Deposit(s) under Paragraph II (a received; IF OTHER THAN CASH, THEN SUBJECT TO
CLEARANCE: ROBERT W. FEDERSPIEL, P.A.
By:
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
SELLER:
ANDRE NOEL and CARLINE NOEL, his wife
BUYER:
CITY OF DELR3%Y BEACH, a Florida municipal corporation
PROPERTY ADDRESS:
13 NW 23rd Avenue, Delray Beach, FL 33445
XI. SPECIAL CLAUSES; ADDENDA (Contlnued):
A. The Buyer shall have twelve (12) business days following the approval
of this contract by the City Commission as set forth in ~ below within
which to conduct any and all feasibility studies and determinations relative to
the suitability for the acquisition of the subject property by the Buyer and the
Buyer reserves the express right to terminate this Contract at any time during
said period for any reason or no reason, in Buyer's sole discretion, whereupon
Buyer shall receive a full refund of all deposit monies paid hereunder. Buyer
shall be granted reasonable access to the premises to conduct such feasibility
studies and determinations, Including environmental assays, core drilling,
surveys, soil sampling and other such testing.
B. This Contract is expressly contingent and conditioned upon the
approval of the same by the City Commission of the C!ty of Delray Beach within
fifteen (15) business days from the date the Seller signs this Contract, and this
Contract shall expressly not be deemed an "offer" by the Buyer for any purpose
unless and until the said City Commission shall have approved and accepted said
Contract in open session. If this Contract is not approved by the City
Commission of the City of Delray Beach within fifteen (15) business days from the
date the Seller signs this Contract, then this Contract will be null and void and
of no further force or effect.
C. This purchase is in lieu of eminent domain. The parties believe that
this transaction is exempt from documentary stamp tax pursuant to Fla. Admin.
Code Ann. r. 12B-4.013, however in the event the obligation for documentary stamp
tax is determined and assessed, the Seller agrees to be responsible for the same
and to indemnify, save, and hold the Buyer harmless for such taxes.
D. Early Closing: Notwithstanding the provisions set forth in Section V
of the Contract, Sellers elect to close fifteen (15) business days following the
date of delivery to the Buyer of the executed Contract and a copy of all mortgage
account information relative to any mortgages Seller may have on the subject
property.
Seller hereby acknowledges that they have delivered the executed Contract for
Sale ~urchase and prov~ed the mortgage payment information on this ~ day
of t 2002.
initiallf you wish to e~c~this early~.l~ng option,here: pleaseI
E. Purchase Price Adjustment: The Buyer hereby agrees that in the event
it shall have entered into any voluntary contract outside of eminent domain for
the purchase of another property within the Breezy Ridge Estates subdivision
prior to the closing of this purchase and sale and such other contract would
provide a purchase price as defined in Article II. of the Contract for Sale and
Purchase which is greater than thirty percent (30%) above the appraised value of
such other property according to a bonafide appraisal acceptable to the Buyer
(the "Other Contract"), the Buyer shall increase the purchase price for the
property which is the subject of this Contract to reflect the same percentage
variance above appraised value agreed to be paid in such Other Contract.
F. Property Excluded: The following appliances, improvements, and
fixtures located in or on the subject property are hereby excluded from the sale
and will be removed when we vacate the premises:
G. Post-Closing Occupancy: The undersigned Sellers hereby elect to
continue to occupy the property after closing as a Tenant under a lease agreement
with the Buyer to be signed at closing in form substantially as attached hereto,
which lease will provide for the right to occupy the premises until November 1,
2002, at no rent. Further, provided that in the event the undersigned Seller has
entered into a lease with the School Board of Palm Beach County on or prior to
November 1, 2002, which lease is acceptable to the School Board of Palm Beach
County and provides for the Seller's right to continue to occupy the premises
after the conveyance of the property by the Buyer to the School Board of Palm
Beach County, the Seller shall have the right to continue occupancy after
November 1, 2002 under the lease with the Buyer until the earlier of: December 1,
2002, or the conveyance of the subject property by the Buyer to the School Board
of Palm Beach County.
I If you wish to elect this post-glosing occupancy
option, please initial here: ~ ~J ~
H. Relocation Benefit: The Buyer hereby acknowledges that if the
subject property is occupied as of the date of closing, the occupant will receive
a relocation benefit in the amount of One Thousand Five Hundred Dollars
($1,500.00), to be paid by the Buyer to the occupant upon the occupant vacating
the subject property.
BUYER'S INITIALS:
SELLERS' INITIALS:
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. EVIDENCE OF TITLE: (1)An abstract of t!~]~ prepared or brought current by a reputable and existing abstract flrm (if
ex/sting then certified as correct by an existing ~lrml purporting to be an accurate synopsis of the instruments affecting title
to Real Property recorded in the public records of the county wherein Real Property is located, through Effective Date It shall
co~ence with the earliest pu]Dllc records, or such later date as may be customary in the county Upon closing of this Contract, the
abstract shall become the property of Buyer, subject to the right of retention thereof by first mortgagee until fully paid
A ~lt]~ ~amc~ ~m~nt Issued by a Florida licensed title Insurer agreeing to issue to Buyer, upon recording of the deed to
Buyer, an owner's policy of title insurance in the amount of the purchase price, insuring Buyer's t~tle to Real Property, sub,eot
only to liens, encumbrances, exceptions or qualification provided in this Contract and those which shall be discharged by Seller
at or before closing Seller shall convey a marketable t~tle sub}eot only to liens, encumbrances, exceptions or qualifications set
forth ~n Contract. Marketable title shall be determined according to applicable Title Standards adopted by authority of The Florida
Bar and in accordance wlth law Buyer shall have 30 days. if abstract, or 5 days, if title commltment, from date of receiving
evidence of title to examine it If title is found defective, Buyer shall, within 3 days thereafter, not~fy Seller in wrltlng
specifying defect(s} If the defect(s) render title unmarketable, Seller will have 30 days from receipt of notice to remove the
defect(s}, falling which Buyer shall, within five (5) days after expiration of the thirty (30) day per~od, deliver written notice
to Seller either- (1) extending the time for a reasonable period not to exceed 120 days within which Seller shall use diligent effort
to remove the defects, or (2)requestlng a refund of deposit(s) paid whiCh shall Immediately be returned to Buyer If Buyer fa~is
to so notify Seller, Buyer shall be deemed to have accected the title as it then is Seller shall, if title is found unmarketable,
use diligent effort to correct defect(s} in t~tle wit~ n the time provided therefor If Seller is unable to timely correct the
oefects, Buyer shall e~ther waive the defects, or receive a refund of deposit(s), thereby releasing Buyer and Seller from all further
obligation under th~s Contract.
B. SURVEY: Buyer, at Buyer's expense, within t~me allowed to deliver evldence of title, may have Real Property surveyed and
certlfzed by a registered Florida su,'-veyor If the survey discloses encroachments on the Real Property or that improvements located
thereon e~croech on setback l~ne$, easements, lands of o~hers, or v~olate any restrictions, Contract covenants or applicable
governmental regulation, the same shall constitute a title defect
C. INGRESS AND ~GRESS: Seller warrants and represents that there is Ingress and egress to the Real Property sufficient for the
intended use as described in Paragraph VI. hereof, title to which is in accordance with Standard A.
D. LIENS: Seller shall furnish to Buyer at tlme Of closing an affidavit attesting to the absence, unless otherwise provided for
hereln, of any financing statements, claims of lien or potenclal llenors known to Seller and further attestlng that there have been
no Improvements or repairs to Property for 90 days ~n~aedlately preceding date of closing. If Property has been Improved, or repaired
w~thln that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors,
suppliers, and materlalmen in addltlon ~o Seller's llen affidavit setting forth the names of all such general contractors,
subcontractors, suppliers and materlalmen and farther afflrmlng :hat all charges for improvements or repairs which could serve as
a basis for a mechanic's lien or a claim for damages have been paid or will be paid at closing of thls Contract
E. PLACE OF CLOSING: Closing shall be held in the county where Real Property Is located, at the office of the attorney of the
Buyer.
F. TIME: In computing tlme periods of less than Slx {6) days, Saturdays, Sundays and state or national legal holidays shall be
excluded Any time perlods provided for here~n which shall end on Saturday, Sunday or legal hollday shall extend to 5-00 p m. of
t~e next business day Time zs of the essence in thls Contract.
G. DOCUMENTB FOR CLOSINg: Buyer shall furnlsn deed, owner's possession affidavit, corrective Instruments, and closing statement
H. EXPENSES: Recordlng of corrective ~nstruments shall be paid by Set~=r, recording of deed shall be paid by Buyer Unless
otherwise provided by law or r~der to this Contract, charges for the following related t~tle services, namely t~tle or abstract
charge, title examination, and settlement and cioslng fee, shall be paid by the party responsible for furnishing the title evidence
In accordance with ~a~a~a~h TV
I. SPECI3~L A~SESSM~NT LIENS: Certified, confirmed and ratified special assessment l~ens ss of date of closlng (not as of Effective
Date) are to be paid by Seller Pending liens as of date of closing shall be assumed by Buyer If the improvement has been
substantially completed as of Effective Date, any pending lien shall be considered as certified, conflrmed or ratlf~ed and Seller
shall, at closing, be charged an amount equal to the last estimate of assessment for the ~mprovement by the public body.
J. RISK OP LOSS: If the Property ~s damaged by fire or o~her casualty before closing and cost of restoration does not exceed
~f the assessed valuation of the Property so damaged, cost of restoration shall be an obligation of the Seller and closing sna!l
proceed pursuant to the terms of Contract with restoration costs escrowed at closing If the COSt of restoration exceeds 3% of the
assessed valuation of the Improvements so damaged. Buyer shall have ~he option of either taking Property as is, together wlth either
the 3% or any ~nsurance proceeds payable by virtue of such loss or damage, or of canceling Contract and receiving return of
deposit(s)
K. PROCEEDS OF SALE; CLOSING PROCEDURe' The deed shall be recorded upon clearance of funds If an abstract of title has been
furnished, evidence o~ title shall be continued at Buyer's expense to snow title ~n Buyer, without any encumbrances or change which
would render Seller's tltle unmarketable from the date of the last evidence All closing proceeds shall be held in escrow by Seller's
attorney Or other mu~ually acceptable escrow agen~ tot a perlod of not more than 5 days after closlng date If Seller's title is
rendered unmarketable, through no fault of Bu/er. Buyer snail, wlthln the 5 day perlod, notify Seller in writing of the defect and
Seller shall have 30 days from date of receipt of such qO~lfiCatlon to cure the defect If Seller falls to timely cure the defect,
all deposit(s) shall, upon written demand by Buyer and wlthln 5 days after demand, be returned to Buyer and slmultaneously wl~h such
repayment, Buyer shall return Personalty and vacate Real Property and reconvey the Property to Seller by special warranty deed and
Dill of sale If Buyer falls to make timely demand for refund. Buyer shall take tltle as is, waiving all rights against Seller as
to any lnterwenlng defect except as may be available ~o Buyer by virtue of warranties contained in the deed or b~ll of sale If a
portion of the purchase price is to be derl~ed from institutional flnancln9 or reflnanclng, requirements of the lendlng institution
as to place, time of day and procedures for closing, and for disbursement of mortgage proceeds shall control over contrary provision
in this Contract. Seller shall have the right to require from the lending institution a written com~altment that it will not wlthhold
d~sbursement of mortgage proceeds as a result of any title defect attributable to Buyer-mortgagor The escrow and closing procedure
required by this Standard may be waived if title agent ~nsures adverse matters pursuant to Sectlon 627 7841, F.S , as amended
L. ESCROW: Any escrow agent ("A~en~") receiving funds or equivalent is authorlzed and agrees by acceptance of them to deposit
them promptly, hold same in escrow and, subject to clearance, disburse them in accordance wlth terms and conditions Of Contract
Failure of clearance of funds shall not excuse Buyer's performance. If In doubt as to Agent's dutles or llabllx~es under the
provisions of Contract. Agent may. at Agent's option, continue to hold the subject matter of the escrow until the parties hereto
agree to its disbursement, or until a Judgment of a court of competent Jurisdiction shall determine the rights of the parties or
Agent may deposit wlth the clerk of the circuit court havlng jurisdiction of the dispute. Upon notifying all parties concerned of
such action, all liability on the part of Agent shall fully terminate, except to the extent of accountlng for any items previously
delivered out of escrow If a licensed real estate broker, Agent will comply wlth prov~slons of Chapter 475, F S , as amended Any
su~t between Buyer and Seller where Agent Is made a party because of actlng as Agent hereunder, or in any suit wherein Agent
Inter~leads the subject matter of the escrow, Agent sh~il recover reasonable attorneys' fees and costs incurred with these amounts
to be paid from and OUt of the escrowed funds or equlva! -t and charged and awarded as court costs in favor of the prevailing party
The Agent shall not be lzable to any party or person for mlsdellvery to Buyer or Seller of items subject to this escrow, unless such
mlsdellvery is due to willful breach of Contract or gross negligence of Agent
M. ATTORNEY ~EES; COSTS: In any litigation, Including breach, enforcement or interpretation, arising out of th~s Contract, the
preualllng party in such litigation which, for the purposes of thls Standard, ska!l include Seller, Buyer, and any brokers acting
in agency or nonagency relationships authorlzed by Chapter 475, F S , as amended, shall be entitled to recover from the non-
prevailing party reasonable attorney's fees, costs, and expenses.
N. FAILURE OF PERFO~ANCE: If Buyer fa~ls to perform this Contract wlthln the time speclfled (Including payment of all
deposit(si), the deposit(s) paid by Buyer and deposit(s} agreed to be paid, may be recovered and retained by or for the account of
Seller as agreed upon liquidated damages, consideration for the executlon of this Contract and in full settlement of any clalms,
whereupon, Buyer and Seller shall be relieved of all obligations under Contract, or Seller, at Seller's option, may proceed in equity
to enforce Seller's r~ghts under this Contract If, for any reason other than failure of Seller to make Seller's tltle marketable
after dll~gent effort, Seller falls, neglects or refuses to perform this Contract, the Buyer may seek specific performance or elect
to receive the return of Buyer's deposit(s) wlthout thereby waiving any actlon for damages resulting from Seller's breach
O. CONTRACT NOT RECOUPABLE; PERSONS BOUND; NOTICE: Nelther th~s Contract nor any notice of it shall be recorded in any public
records Thzs Contract shall bind and inure to the benefit of the parties and their successors in lnter~st whenever the context
permits, singular shall /nclude plural and one gender shall lnclude all Notice given by or to the attorney for any party shall be
as effective as if glven by or to that party
P. CONVeYANCe: Seller shall convey title to Real Property by warranty deed, sub]eot only to matters contained in ~a~ae~&~h VI.
and those otherwise accepted by Buyer- Personal Property shall, at request of Buyer, be transferred by an absolute bill of sale with
warranty of title, sub, eot only to such matters as may be otherwise provided for herein
Q. ~ AC, RE~4ENTS: NO prior or present agreements or representations shall be blndlng upon Buyer or Seller unless included in
thls Contract No modlflcatlon or change in this Contract shall be valid or b.nd~ng upon the parties unless in wrltlng and executed
by the party or part!es xntended to be bound by it
R. ~IES: Seller warrants that there are no facts known to Seller mater~ally affecting the value of the Property which are
not readily observable by Buyer or which have not been disclosed to Buyer
LEASE
THIS LEASE, is made by and between CITY OF DELRAY BEACH, hereinafter
called "Landlord," whose address is 100 N.W. First Avenue, Delray Beach,
Florida 33444, and
, hereinafter called "Tenant."
W I T N E S S E T H:
In consideration of the faithful performance of all covenants,
agreements and conditions herein contained, on the part of the Tenant to
be kept, done and performed, the said Landlord does hereby lease to the
Lessee the following described property:
Single family residence ~ocated at
, Delray Beach, Florida.
its "as is" condition.
Said property to be in
TO HAVE AND TO HOLD the same until November 1, 2002, at no rent.
Further, provided that in the event the Tenant has entered into a lease
with the School Board of Palm Beach County on or prior to November 1,
2002, which lease is acceptable to the School Board of Palm Beach County
and provides for the Tenant's right to continue to occupy the premises
after the conveyance of the property by the Landlord to the School Board
of Palm Beach County, the Tenant shall have the right to continue
occupancy after November 1, 2002, under the Lease with the Landlord until
the earlier of: December 1, 2002, or the conveyance of the subject
property by the Landlord to the School Board of Palm Beach County.
NOTICE TO TENANT (Pursuant to Chapter 83, F.S.)
A. Landlord designates SUSAN RUBY, ESQ., of the City Attorneys'
Office, 200 N.W. First Avenue, Delray Beach, FL 33444, as the person
authorized on its behalf to receive all notices and demands of Tenant.
THE TENANT FURTHER COVENANTS AND AGREES AS FOLLOWS:
1. Not to use or permit to be used the premises for any illegal,
immoral or improper purposes.
2. Not to make or permit any noise, disturbance or annoyance
whatsoever detrimental to the premises or to the comfort and peace of
neighboring residents.
3. The parties agree that the premises, including lawn and
plantings, and pool (if applicable), shall be continuously maintained in
good condition by the Tenant, including but not limited to air
conditioning and heat, appliances and/or appliance service contract,
interior pest extermination (if desired), lawn & plantings, lawn pest
control, building exterior, building interior, pool and equipment/pool
service, and that the obligation and cost of maintenance shall be borne
by the Tenant.
4. All charges for utilities services during the term of this
Lease, including but not limted to electric, telephone, 9as/fuel, sewer,
water, and refuse collection, shall be payable by the Tenant.
5. The Tenant assume full and complete risk of loss and injury to
themselves and others which may result from the occupancy of the subject
premises pursuant to this Lease and in consideration of such tenancy, the
Tenant agrees to indemnify, save, and hold the Landlord harmless from any
and all liability, costs, claims, expenses, or damages of whatsoever
nature including defense costs, attorneys' fees, and administrative
COSTS.
6. Tenant shall deliver up possession of the premises at the end
of the term in as good condition as they now are, ordinary wear and tear
excepted; Tenant acknowledges prior inspection of the premises and finds
same to be in good condition except as hereinafter noted.
7. Tenant agrees that Landlord shall have the right, upon
reasonable notice, to inspect the premises and to show the premises to
prospective Tenants or Purchasers.
8. Tenant agrees to pay the cost of repairing any and all damage
to the premises occasioned by Tenant or any other party during the term
of this Lease, including the cost of removing foreign substances from
toilets and sinks.
9. Tenant covenants and agrees that the premises shall not at any
time be occupied by more than one family or persons without
written approval of the Landlord.
10. DEFAULT: Tenant's default in the performance of the covenants
and conditions hereunder shall immediately constitute Tenant as a tenant
at sufferance and, in such event, Tenant waives all right of notice to
vacate said premises, and the Landlord shall be entitled to re-enter and
retake possession of the premises immediately and without liability for
such action.
11. Tenant agrees to pay all court costs and reasonable attorney's
fees which may be paid or incurred by Landlord or Landlord's agent
enforcing the covenants, conditions, agreements and obligations of this
Lease in the event of Tenant's default hereunder.
12 This Lease contains the entire agreement of the parties and
supersedes any and all prior agreements between them. This Lease shall
be binding upon the benefit of the parties, their Personal
Representatives, successors and assigns.
13 Tenant shall not assign the Lease, or sublet the premises or
any part thereof, or permit the premises or any part thereof to be used
or occupied by anyone other than Tenant or members of Tenant's immediate
family, without the prior written consent of Landlord.
14. Tenant is hereby prohibited from making any improvements to the
subject real property other than pursuant to its repair and maintenance
and obligations as described herein and in the event a Claim of Lien
shall be recorded against the subject property as a result of any of
Tenant's actions and such Lien shall not be discharged of record within
ten (10) days thereafter, the Tenant shall be deemed to be in default
pursuant to the terms of this Lease.
IN WITNESS WHEREOF, the parties hereto have executed this Lease the
day and year first above written.
BY SIGNING THIS RENTAL AGREEMENT THE TENANT AGREES THAT UPON SURRENDER
OR ABANDONMENT, AS DEFINED BY THE FLORIDA STATUTES, THE LANDLORD SHALL
NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S
PERSONAL PROPERTY.
WITNESSES:
LANDLORD:
As to Landlord (2 required)
CITY OF DELRAY BEACH
By:
Printed Name:
Title:
As to Tenant (2 required) TENANT:
CONTRACT FOR SALE AND PURCHASE
PARTIES: PAUL SCROGGINS and BRENDA SCROGGINS, his wife, (-Seller"), of 2300 N.W.
2nd Street, Delray Beach, FL 33445, (Phone: Phonenumberofseller), and the CITY
OF DELRAY BEACH, a Florida municipal corporation, ("~"), of 100 N.W. 1st
Avenue, Delray Beach, FL 33444 (Phone: 561-243-7000), hereby agree that the
Seller shall sell and Buyer shall buy the following described Real Property and
Personal Property (collectively "P_r~") upon the following terms and
conditions, which INCLUDE the Standards for Real Estate Transactions
("$~") on the reverse side hereof or attached hereto and riders and any
addenda to this Contract for Sale and Purchase ("Contract").
DESCRIPTION:
(a) Legal description of the Real Property located in Palm Beach County,
Florida:
Lot 51, Replat of Part of Breezy Ridge Estates, according to the map
or plat thereof as uecorded in Plat Book 24, Page 116, Public
Records of Palm Beach County, Florida
Property Control No.:12-43-46-18-02-000-0510
(b) Street address, city, zip, of the Property is: 2300 N.W. 2nd Street,
Delray Beach, Florida
II. PURCHASE PRICE: $~62.500.00
PAYM~NT:
(a}
Deposit(s) paid within three (3)
business days following the Effective
Date of this Contract, to be
held in escrow by Robert W. Federspiel,
P.A. Trust Account in the amount of
$ 1,000.00
(b)
Balance to close (U.S. cash, attorney trust
account check, LOCALLY DP~AWN certified or
cashier's check, or wire transfer) subject to
adjustments or proration
$!61.500.00
Total $162,500.00
III.
IV.
TIM~ FOR ACCEPTANCE; EFFECTI%'E DATE; FACSIMILE: If this offer is not
executed by and delivered to all parties OR FACT OF EXECUTION communicated
in writing between the parties prior to such offer being withdrawn by the
first party signing, the deposit(s) will, at Buyer's option, be returned
and this offer withdrawn. The date of Contract ("Effective Date") will be
the later of the date when the last one of the Buyer and the Seller has
signed this offer or the date the City Commission of the City of Delray
Beach approves this Contract. A facsimile copy of this Contract and any
signatures thereon shall be considered for all purposes as originals.
TITLE EVIDENCE: At least 30 days from the effective date, (CHECK ONLY
ONE): DSeller shall, at Seller's expense, deliver to Buyer or Buyer's
attorney; OR ·Buyer shall at Buyer's expense obtain (CHECK ONLY ONE):
Dabstract of title or ·title insurance commitment (with legible copies
of instruments listed as exceptions attached thereto) and, after closing,
an owner's policy of title insurance.
CLOSING DATE: This transaction shall be closed and the Warranty Deed and
other closing papers delivered on the 4th Thursday following the
expiration of the feasibility study period as provided for in Section
XI(A), unless modified by other provisions of Contract.
VI.
RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to:
comprehensive land use plans, zoning, restrictions, prohibitions and other
requirements imposed by governmental authority; restrictions and matters
appearing on the plat or otherwise common to the subdivision; public
utility easements of record (easements are to be located contiguous to
Real Property lines and not more than 10 feet in width as to the rear or
front lines and 7-1/2 feet in width as to the side lines, unless otherwise
stated herein); taxes for year of closing and subsequent years; assumed
mortgages and purchase money mortgages, if any (if additional items, see
addendum); provided that there exists at closing no violation of the
foregoing.
VII.
OCCI~PANCY: Seller warrants there are no parties in occupancy other than
Seller. Seller shall deliver occupancy of Property to Buyer at time of
closing unless otherwise stated herein. If occupancy is to be delivered
before closing, Buyer assumes all risk of loss to Property from date of
occupancy, shall be responsible and liable for maintenance from that date,
and shall be deemed to have accepted Property in its existing condition as
of time of taking occupancy unless otherwise stated herein.
VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
provisions, riders and addenda shall control all printed provisions of
this Contract in conflict with them.
IX.
ASSIGNABILITY: (CHECK ONLY ONE): Buyer (1) · may assign and thereby be
released from any further liability under this Contract; Dmay assign but
not be released from liability under this Contract; or ~may not assign
this Contract.
Xe
XI.
DISCLOSURES:
(a) Radon
(b)
is a naturally occurrins radioactive gas that, when
accumulated in a building in sufficient quantities, may present
health risks to persons who are exposed to it over time. Levels of
radon that exceed federal and state guidelines have been found in
buildings in Florida. Additional information regarding Radon or
Radon testing may be obtained from your County Public Health unit.
Buyer may have determined the energy efficiency rating of the
residential building, if any is located on the Real Property.
SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided,
attached addendum and CHECK HERE ·.
CITY OF DELRAY BEACH
By:
Tax ID No. 59-6000308
Date
Paul S croggi{5§'
Date
Social Security
or Tax ID ~o.
~6nda Scroggin~- / Date
Social Security
or Tax ID NO. ~FS~f~/~
Deposit(s) under Paragraph II (a/ received; IF OTHER TH3%N CASH, THEN SUBJECT TO
CLEAPJ%NCE: ROBERT W. FEDERSPIEL, P.A.
By:
ADDENDUM TO COXTTRACT FOR SALE A/TD PURCHASE
SELLER:
PAUL SCROGGINS and BRENDA SCROGGINS, his wife
BUYER:
CITY OF DELRAY BEACH, a Florida municipal corporation
PROPERTY ADDRESS:
2300 N.W. 2nd Street, Delray Beach, FL 33445
XI. SPECIAL CLAUSES; ADDENDA (Continued):
A. The Buyer shall have twelve (12) business days following the approval
of this contract by the City Commission as set forth in ~ betow within
which to conduct any and all feasibility studies and determinations relative to
the suitability for the acquisition of the subject property by the Buyer and the
Buyer reserves the express right to terminate this Contract at any time during
said period for any reason or no reason, in Buyer's sole discretion, whereupon
Buyer shall receive a full refund of all deposit monies paid hereunder. Buyer
shall be granted reasonable access to the premises to conduct such feasibility
studies and determinations, including environmental assays, core drilling,
surveys, soil sampling and other such testing.
B. This Contract is expressly contingent and conditioned upon the
approval of the same by the City Commission of the City of Delray Beach within
fifteen (15) business days from the date the Seller signs this Contract, and this
Contract shall expressly not be deemed an "offer" by the Buyer for any purpose
unless and until the said City Commission shall have approved and accepted said
Contract in open session. If this Contract is not approved by the City
Commission of the City of De!ray Beach within fifteen (15) business days from the
date the Seller signs this Contract, then this Contract will be null and void and
of no further force or effect.
C. This purchase is in lieu of eminent domain. The parties believe that
this transaction is exempt from documentary stamp tax pursuant to Fla. Admin.
Code Ann. r. 12B-4.013, however in the event the obligation for documentary stamp
tax is determined and assessed, the Seller agrees to be responsible for the same
and to indemnify, save, and hold the Buyer harmless for such taxes.
D. Early Closing: Notwithstanding the provisions set forth in Section V
of the Contract, Sellers elect to close fifteen (15) business days following the
date of delivery to the Buyer of the executed Contract and a copy of all mortgage
account information relative to any mortgages Seller may have on the subject
property.
Seller hereby acknowledges that they have dellvered the executed Contrac~ for
Sale Nd_Purchase and pro3a/~ed the mortgage payment information on this ~ day
E. Purchase Price Adjustment: The Buyer hereby agrees that in the event
it shall have entered into any voluntary contract outside of eminent domain for
the purchase of another property within the Breezy Ridge Estates subdivision
prior to the closing of this purchase and sale and such other contract would
provide a purchase price as defined in Article II. of the Contract for Sale and
Purchase which is greater than thirty percent (30%) above the appraised value of
such other property according to a bonafide appraisal acceptable to the Buyer
(the "Other Contract"), the Buyer shall increase the purchase price for the
property which is the subject of this Contract to reflect the same percentage
variance above appraised value agreed to be paid in such Other Contract.
F. Property Excluded: The following appliances, improvements, and
fixtures located in or on the subject property are hereby excluded from the sale
and will be removed when we vacate the premises:
G. Post-Closing Occupancy: The undersigned Sellers hereby elect to
continue to occupy the property after closing as a Tenant under a lease agreement
with the Buyer to be signed at closing in form substantially as attached hereto,
which lease will provide for the right to occupy the premises until November 1,
2002, at no rent. Further, provided that in the event the undersigned Seller has
entered into a lease with the School Board of Palm Beach County on or prior to
November 1, 2002, which lease is acceptable to the School Board of Palm Beach
County and provides for the Seller's right to continue to occupy the premises
after the conveyance of the property by the Buyer to the School Board of Palm
Beach County, the Seller shall have the right to continue occupancy after
November 1, 2002 under the lease with the Buyer until the earlier of: December 1,
2002, or the conveyance of the subject property by the Buyer to the School Board
of Palm Beach County.
option, please initial here:
H. Relocation Benefit: The Buyer hereby acknowledges that if the
subject property is occupied as of the date of closing, the occupant will receive
a relocation benefit in the amount of One Thousand Five Hundred Dollars
($1,500.00), to be paid by the Buyer to the occupant upon the occupant vacating
the subject property.
BUYER'S INITIALS:
SELLERS' INITIALS:
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. EVIDENCE OF TITLE (1)An ab~trac~ ~f ~e prepared or brought current by a reputable and existing abstract firm (if not
existing then certified as correct by an existing firm) purporting to be an accurate synopsis of the ~nstruments affecting title
to Real Property recorded in the public records of the county wherein Real Property is located, through Effective Date It shall
commence wlth the earliest public records, or such later date as may De customary in une county Upon closing of thls Contract. the
abstract shall become the property of Buyer, sub]ecu to the right of re=entlon thereof by flrst mortgagee until fully paid (2)
A ~:tl~ ~n~urance e~m~m~nt issued by a Florida licensed title insurer agreeing to ~ssue to Buyer, upon recording of the deed to
Buyer, an owner's policy of title Insurance In the amount of the purchase price, Insuring Buyer's title to Real Property, subject
only to liens, encumbrances, exceptions or qua!if=cation prov=ded In thlS Contract and those which shall be d~scharged by Seller
at Or before closing Seller shall convey a marketable title subject only to l~ens, encumbrances, exceptions or qualifications set
forth in Contract Marketable title shall be determined according to applicable Title Standards adopted by authority of The Florida
Bar and in accordance with law Buyer shall have 30 days, if abstract, or 5 days, if t~tle co~ltm~nt, from date of receiving
evidence of tltle to examlne it If tltle is found defective, Buyer shall, within 3 days thereafter, notify Seller ~n wrltlng
specifying defect(s) If the defect(s) render title unmarketable, Seller will have 30 days from receipt of notlce to remove the
defect(s), falling which Buyer shall, wlth~n five (5) days after expiration of the thirty (30) day perlod, deliver written notice
to Seller either (1) extendlng the t~me for a reasonable per~od not to exceed 120 days w~thln which Seller shall use dillgent effort
to remove the defects, or {2)requestlng a refund of deposit(s) pald which shall Immediately be returned to Buyer If Buyer falls
to sc notify Seller, Buyer shall be deemed to have accepted the title as ~t ~hen is Seller shall, ~f title is found unmarketable.
use diligent effort to correct defect(s) ~n title w~5 _n the tlme provided therefor If Seller is unable to timely correct the
defects, Buyer shall elther waive the defects, or receive a refund of deposit(s), thereby releaslng Buyer and Seller from all further
obligation under th~s Contract
B. SURVEY: Buyer, at Buyer's expense, wlthln tlme allowed to deliver evidence of title, may have Real Property surveyed and
certified by a registered Florida surveyor. If the survey discloses encroachments on the Real Property or that improvements located
thereon encroach on setback l~nes, easements, lands of others, or violate any restrictions, Contract covenants or applicable
governmental regulation, the same shall constitute a title defect
C. INGRESS AND EGRESS: Seller warrants and represents that there is ingress and egress to the Real Property sufficient for the
!ntended use as described in ~a~a~a~h VT. hereof, title to which is in accordance with Standard A
D. LIENS: Seller shall furnlsh to Buyer at tlme cf closing an affidavit attesting to the absence, unless otherwise provided for
herein, of any flnanclng statements, claims of lien or potential llenors known to Seller and further attesting that there have been
no Improvements or repairs to Property for 90 days immediately preceding date of closing If Property has been improved, or repaired
wlthln that time, Seller shall deliver releases or waivers of mechanics' lle~s executed by all general contractors, subcontractors,
suppliers, and materlalmen in addition to Seller's lien affidavit setting forth the names of all such general contractors,
subcontractors, suppliers and materlalmen and further afflrmlng that all charges for improvements or repairs which could serve as
a basls for a mechanic's llen or a claim for damages have been pald or w~l! be paid at closing of this Contract
E. PLACE OF CLOSING. Closing shall be held in the county where Real Property Is located, at the office of the attorney of the
Buyer
P. TIME: In computing t~me periods of less than six (6) days, Saturdays, Sundays and state or national legal holidays shall be
excluded Any time periods provided for herein whlch shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p m of
uhe next business day Time is of the essence zn th~s Contract.
G. DOCUMENTS FOR CLOSING: Buyer shall furnish deed, owner's possession afl=davit, corrective Instruments, and closing statement
H. EXPENSES: Recordlng of correct~ve ~nstruments shall be pa~d by Sel~er, recording of deed shall be paid by Buyer Unless
otherwise provided by law or r~der to this Contract, charges for the follc~_ng related title services, namely title or abstract
charge, title examination, and settlement and closing fee, shall be paid by the party responsible for furnishing the title evidence
in accordance with ~a~m~a~h IV
I. SPECIAL ASSESSMENT LIENS: Certlf~ed. confirmed and ratified special assessment !zens as of date of closing (not as of Effectlve
Daue) are to be paid by Seller Pending l~ens as of date of closing shall be assumed by Buyer. If the ~mprovement has been
substantially completed as of Effective Date, any pending l~en shall be considered as certified, confirmed or ratified and Seller
shall, at closing, be charged an amount equal to the last estimate of assessment for the improvement by the public body
J. RiSK OF LOSS If ~he Property is damaged by flre or other casualty before closing and cost of restoration does not exceed 3%
of the assessed valuation of the Property so damaged, cost of restoration shall be an obligation of the Seller and closing shall
proceed pursuant to the terms of Contract with restoration costs escrowed at c!oslng If the cost of restoration exceeds 3% of the
assessed valuation of the Improvements so damaged. Buyer shall have the optlon of either taking Property as Is, together with e~ther
=~e 3% or any Insurance proceeds payable by virtue of such loss cr damage, or of canceling Contract and receiving return of
deposit(s)
K PROCEEDS OF SALE, CLOSING PROCEDURE The deed shall be recorded upon clearance of funds If an abstract of title has been
fur~.Ished, evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or change which
~oui~ re~der Seller's title unmarketable from the date of ~he last evidence Ail c!oslng proceeds shall be held in escrow by Seller's
a~ormey or o~her mutually acceptable escrow agent for a perlod of not more than 5 days after closing da~e If Seller's title is
rendered unmarketable, through no fault of Bu/er, Bu/er snell, wlthln the 5 ~ay perlod, notify Seller In wrltlng of the defect and
Se._er shall ~ave J0 da'/s from date of receipt of s~ch noti[ica~lon to cure the defect If Seller falls to tlmely cure the defect.
all deposit(P) shall, upon written demand by Buyer and w!uhln 5 days after demand, be returned to Buyer and slmultaneousl/ with such
repayment, Buyer shall return Personalty and vacate Real Property and reconvey the Property to Seller by special warranty deed and
bill of sale If Buyer fails to make timely demand for refund. Buyer shall take tmtle as is, waiving all rights against Seller as
to any intervening defect except as may be available to Buyer by vlrtue of warranties contained in the deed or bill of sale If a
portion of the purchase price is to be derived from institutional financing or refinancing, requ/lrements of the lending lnstltutlon
as to place, time of day and procedures for closing, and for disbursement of mortgage proceeds shall control over contrary provision
An this Contract Seller shall have the right to require from the lendlng institution a written commitment that it will not withhold
disbursement of mortgage proceeds as a result of any title defect attributable to Buyer-mortgagor. The escrow and closing procedure
required by this Standard may be waived if title agent Insures adverse matters pursuant to Section 627 7841, F S , as amended
L. ESCROW: Any escrow agent ("Ao~nr"} receiving funds or equivalent is authorized and agrees by acceptance of them to deposit
them promptly, hold same in escrow and, sub]eot to clearance, disburse them in accordance with terms and conditions of Contract
Failure of clearance of funds shall not excuse Buyer's performance. If in doubt as to Agent's dutles or liabilities under the
provisions of Contract, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties hereto
agree to its disbursement, or until a ]udgment of a court of competent ]urlsdlctlon shall determine the rights of the parties or
Agent may deposit with the clerk of the circuit court having ]urlsdlctlon of the dispute Upon notifying all parties concerned of
such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously
delivered out of escrow If a l!censed real estate broker, Agent will comply with provisions of Chapter 475, F.S., as amended Any
suit between Buyer and Seller where Agent is made a party because of acting as Agent hereunder, or in any suit wherein Agent
lnterpleads the s~b]ect matter of the escrow, Agent sball recover reasonable attorneys' fees and costs incurred with these amounts
to be paid from and out of the escrowed funds or equlva, nt and charged and awarded as court costs In favor of the prevailing party
The Agent shall not be liable to any party or person for m!sdellvery to Buyer or Seller of Items sub]eot to th~s escrow, unless such
mlsdellvery is due to willful breach of Contract or gross negligence of Agent
M. ATTORNEY FEES; COSTS: In any litigation, including breach, enforcement or interpretation, arising out of this Contract, the
prevailing party in such litigation which, for the purposes of this Standard, shall include Seller, Buyer, and any brokers acting
in agency or nonagency relationships authorized by Chapter 475, F S , as amended, shall be entitled to recover from the non-
prevailing party reasonable attorney's fees, costs, and expenses
N. FAILURE OF PERFORMANCE: If Buyer falls to perform this Contract within the tlme specified (including payment of all
deposit(s)), the deposit{s) paid by Buyer and deposit{s) agreed to be paid, may be recovered and retained by or for the account of
Seller as agreed upon l~quldated damages, consideration for the execution of this Contract and in full settlement of any claims,
whereupon, Buyer and Seller shall be relleved of all obligations under Contract, or Seller, at Seller's option, may proceed in equlty
to enforce Seller's rights under this Contract. If. for any reason other than failure of Seller to make Seller's title marketable
after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific performance or elect
to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach.
O. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTIC~E: Neither this Contract nor any notice of it shall be recorded In any public
records This Contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context
permits, singular shall include plural and one gender shall include all Notice given by or to the attorney for any party shall be
as effective as if given by or to that party
P. C0~VEYANC~: Seller shall convey title to Real Property by warranty deed, subject only to matters contained in ~&~&q~aph VT.
and those otherwise accepted by Buyer Personal Property shall, at request of Buyer, be transferred by an absolute b~ll of sale with
warranty of title, subject only to such matters as may be otherwise provided for herein
Q. OT~ERA(]~4TS: NO prlor or present agreements or representations shall be binding upon Buyer or Seller unless included in
this Contract. No modification or change in this Contract shall be valid or ulndlng upon the parties unless in writing and executed
by the party or parties intended to be bound by it
R. WA~ES: Seller warrants that there are no facts P~nown to Seller materially affecting the value of the Property which are
not readily observable by Buyer or which have not been disclosed to Buyer
LEASE
THIS LEASE, is made by and between CITY OF DELRAY BEACH, hereinafter
called "Landlord," wh~address_/s 100 N.W. ~-~rst Avenue, Delray Beach,
Florida 33444, and
, hereinafter called "Tenant."
W I T N E S S E T H:
In consideration of the faithful performance of all covenants,
agreements and conditions herein contained, on the part of the Tenant to
be kept, done and performed, the said Landlord does hereby lease to the
Lessee the following described property:
~/ ~~~~Sin~. family res~jience located at
~/~' ~q~J, Delray Beach, Florida. Said property to be in
its "as is" condition.
TO HAVE AND TO HOLD the same until November 1, 2002, at no rent.
Further, provided that in the event the Tenant has entered into a lease
with the School Board of Palm Beach County on or prior to November 1,
2002, which lease is acceptable to the School Board of Palm Beach County
and provides for the Tenant's right to continue to occupy the premises
after the conveyance of the property by the Landlord to the School Board
of Palm Beach County, the Tenant shall have the right to continue
occupancy after November 1, 2002, under the Lease with the Landlord until
the earlier of: December 1, 2002, or the conveyance of the subject
property by the Landlord to the School Board of Palm Beach County.
NOTICE TO TENANT (Pursuant to Chapter 83, F.S.)
A. Landlord designates SUSAN RUBY, ESQ., of the City Attorneys'
Office, 200 N.W. First Avenue, Delray Beach, FL 33444, as the person
authorized on its behalf to receive all notices and demands of Tenant.
THE TENANT FURTHER COVENANTS AND AGREES AS FOLLOWS:
1. Not to use or permit to be used the premises for any illegal,
immoral or improper purposes.
2. Not to make or permit any noise, disturbance or annoyance
whatsoever detrimental to the premises or to the comfort and peace of
neighboring residents.
3. The parties agree that the premises, including lawn and
plantings, and pool (if applicable), shall be continuously maintained in
good condition by the Tenant, including but not limited to air
conditioning and heat, appliances and/or appliance service contract,
interior pest extermination (if desired), lawn & plantings, lawn pest
control, building exterior, building interior, pool and equipment/pool
service, and that the obligation and cost of maintenance shall be borne
by the Tenant.
4. All charges for utilities services during the term of this
Lease, including but not limted to electric, telephone, gas/fuel, sewer,
water, and refuse collection, shall be payable by the Tenant.
5. The Tenant assume full and complete risk of loss and injury to
themselves and others which may result from the occupancy of the subject
premises pursuant to this Lease and in consideration of such tenancy, the
Tenant agrees to indemnify, save, and hold the Landlord harmless from any
and all liability, costs, claims, expenses, or damages of whatsoever
nature including defense costs, attorneys' fees, and administrative
costs.
6. Tenant shall deliver up possession of the premises at the end
of the term in as good condition as they now are, ordinary wear and tear
excepted; Tenant acknowledges prior inspection of the premises and finds
same to be in good condition except as hereinafter noted.
7. Tenant agrees that Landlord shall have the right, upon
reasonable notice, to inspect the premises and to show the premises to
prospective Tenants or Purchasers.
8. Tenant agrees to pay the cost of repairing any and all damage
to the premises occasioned by Tenant or any other party during the term
of this Lease, including the cost of removing foreign substances from
toilets and sinks.
9. Tenant covenants and agrees that the preg/ses shall not at any
time be occupied by more than one family or~ persons without
written approval of the Landlord.
10. DEFAULT: Tenant's default in the performance of the covenants
and conditions hereunder shall immediately constitute Tenant as a tenant
at sufferance and, in such event, Tenant waives all right of notice to
vacate said premises, and the Landlord shall be entitled to re-enter and
retake possession of the premises immediately and without liability for
such action.
11. Tenant agrees to pay all court costs and reasonable attorney's
fees which may be paid or incurred by Landlord or Landlord's agent
enforcing the covenants, conditions, agreements and obligations of this
Lease in the event of Tenant's default hereunder.
12. This Lease contains the entire agreement of the parties and
supersedes any and all prior agreements between them. This Lease shall
be binding upon the benefit of the parties, their Personal
Representatives, successors and assigns.
13. Tenant shall not assign the Lease, or sublet the premises or
any part thereof, or permit the premises or any part thereof to be used
or occupied by anyone other than Tenant or members of Tenant's immediate
family, without the prior written consent of Landlord.
14. Tenant is hereby prohibited from making any improvements to the
subject real property other than pursuant to its repair and maintenance
and obligations as described herein and in the event a Claim of Lien
shall be recorded against the subject property as a result of any of
Tenant's actions and such Lien shall not be discharged of record within
ten (10) days thereafter, the Tenant shall be deemed to be in default
pursuant to the terms of this Lease.
IN WITNESS WHEREOF, the parties hereto have executed this Lease the
day and year first above written.
BY SIGNING TMIS RENTAL AGREEMENT THE TENANT AGREES THAT UPON SURRENDER
OR ABANDONMENT, AS DEFINED BY THE FLORIDA STATUTES, THE LANDLORD SHALL
NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S
PERSONAL PROPERTY.
WITNESSES:
LANDLO~:
AS to Landlord (2 required)
CITY OF DELRAY BEACH
By:
Printed Name:,
Title:
As to Tenant (2 required)
TEN~:
CONTRACT FOR SALE AND PURCF~ASE
PARTIES: ADBERT PRESE19DIEU and ALINETTE PRESENDIEU, his wife,("Seller"), of 9 NW
23rd Avenue, Delray Beach, FL 33445, (Phone- 276-1983), and the CITY OF DELRAY
B~ACH, a Florida ~n~nicipal corporation, ("~"), of 100 N.W. 1st Avenue, Delray
Beach, FL 33444 (Phone: 561-243-7000), hereby agree that the Seller shall sell
and Buyer shall buy the following described Real Property and Personal Property
(collectively "~") upon the following terms and conditions, which INCLUDE
the Standards for Real Estate Transactions ("~") on the reverse side
hereof or attached hereto and riders and any addenda to this Contract for Sale
and Purchase (',Contract").
DESCRIPTION:
(a) Legal description of the Real Property located in Palm Beach County,
Florida:
Lot 19, Replat of Part of Breezy Ridge Estates, according to the map
or plat thereof as recorded in Plat Book 24, Page 116, Public
Records of Palm Beach County, Florida
Property Control No.:12-43-46-18-02-000-0190
(b) Street address, city, zip, of the Property is: 9 NW 23rd Avenue,
Delray Beach, Florida
II. PURCHASE PRICE:
PA19~E~TT:
(a)
Deposit(s) paid within three (3)
business days following the Effective
Date of this Contract, to be
held in escrow by Robert W. Federspiel,
P.A. Trust Account in the amount of
$ 1,000.00
(b)
Balance to close (U.S. cash, attorney trust
account check, LOCALLY DRAWN certified or
cashier's check, or wire transfer) subject
adjustments or proration
Total
S161:500.00
$162,500.00
III.
IV.
TIME FOR ACCEPTANCE; EFFECTIVE DATE; FACSIMILE: If this offer is not
executed by and delivered to all parties OR FACT OF EXECUTION communicated
in writing between the parties prior to such offer being withdrawn by the
first party signing, the deposit(s) will, at Buyer's option, be returned
and this offer withdrawn. The date of Contract ("Rffect{ve Date") will be
the later of the date when the last one of the Buyer and the Seller has
signed this offer or the date the City Commission of the City of Delray
Beach approves this Contract. A facsimile copy of this Contract and any
signatures thereon shall be considered for all purposes as originals.
TITLE EVIDENCE: At least 30 days from the effective date, (CHECK ONLY
ONE) : DSeller shall, at Seller's expense, deliver to Buyer or Buyer's
attorney; OR ·Buyer shall at Buyer's expense obtain (CHECK ONLY ONE):
Oabstract of title or 'title insurance commitment (with legible copies
of instruments listed as exceptions attached thereto) and, after closing,
an owner's policy of title insurance.
Vo
CLOSING DATE: This transaction shall be closed and the Warranty Deed and
other closing papers delivered on the third Tuesday following the
expiration of the feasibility study period as provided for in Section
XI(A), unless modified by other provisions of Contract.
VI.
RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to:
comprehensive land use plans, zoning, restrictions, prohibitions and other
requirements imposed by governmental authority; restrictions and matters
appearing on the plat or otherwise common to the subdivision; public
utility easements of record (easements are to be located contiguous to
Real Property lines and not more than 10 feet in width as to the rear or
front lines and 7-1/2 feet in width as to the side lines, unless otherwise
stated herein); taxes for year of closing and subsequent years; assumed
mortgages and purchase money mortgages, if any (if additional items, see
addendum); provided that there exists at closing no violation of the
foregoing.
VII.
OCCUPANCY: Seller warrants there are no parties in occupancy other than
Seller. Seller shall deliver occupancy of Property to Buyer at time of
closing unless otherwise stated herein. If occupancy is to be delivered
before closing, Buyer assumes all risk of loss to Property from date of
occupancy, shall be responsible and liable for maintenance from that date,
and shall be deemed to have accepted Property in its existing condition as
of time of taking occupancy unless otherwise stated herein.
VIIi. TYPE~RITTEN OR P2%NDWRITT--~ PROVISIONS: TTpewritten or handwritten
provisions, riders and addenda shall control all printed provisions of
this Contract in conflict with them.
IX.
ASSIGNABILITY: (CHECK ONLY ONE): Buyer (1) · may assign and thereby be
released from any further liability under this Contract; []may assign but
not be released from liability under this Contract; or Dmay not assign
this Contract.
XI.
DISCLOSURES:
(a) Radon
(b)
is a naturally occurring radioactive gas that, when
accumulated in a building in sufficient quantities, may present
health risks to persons who are exposed to it over time. Levels of
radon that exceed federal and state guidelines have been found in
buildings in Florida. Additional information regarding Radon or
Radon testing may be obtained from your County Public Health unit.
Buyer may have determined the energy efficiency rating of the
residential building, if any is located on the Real Property.
SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided,
attached addendum and CHECK HERE '.
CITY OF DELRAY BEACH
By:
Tax ID No. 59-6000308
Date Au~ert Presendleu Date
Social Security ~
or Tax ID No.~ ,~'-- 0~-- 0(~'1~''
Alinette Presendieu
Date
Social Security
or Tax ID No.
Deposit(s) under Paragraph II (a' received; IF OTHER THAN CASH, THEN SUBJECT TO
CLEA~CE: ROBERT W. FEDERSPIEL, P.A.
By:
ADDENDUM TO CONTRACT FOR SAL~. AND PURCHASe.
SELLER:
AUBERT PRESENDIEU and ALINETTE PRESENDIEU, his wife
BUYER:
CITY OF DELRAY BEACH, a Florida municipal corporation
PROPERTY ADDRESS:
9 NW 23rd Avenue, Delray Beach, FL 33445
XI. SPECIAL CLAUSES; ADDENDA (Continued):
A. The Buyer shall have twelve (12) business days following the approval
of this contract by the City Commission as set forth in ~ below within
which to conduct any and all feasibility studies and determinations relative to
the suitability for the acquisition of the subject property by the Buyer and the
Buyer reserves the express right to terminate this Contract at any time during
said period for any reason or no reason, in Buyer's sole discretion, whereupon
Buyer shall receive a full refund of all deposit monies paid hereunder. Buyer
shall be granted reasonable access to the premises to conduct such feasibility
studies and determinations, including environmental assays, core drilling,
surveys, soil sampling and other such testing.
B. This Contract is expressly contingent and conditioned upon the
approval of the same by the City Commission of the City of Delray Beach within
fifteen (15) business days from the date the Seller signs this Contract, and this
Contract shall expressly not be deemed an "offer" by the Buyer for any purpose
unless and until the said City Commission shall have approved and accepted said
Contract in open session. If this Contract is not approved by the City
Commission of the City of Delray Beach within fifteen (15) business days from the
date the Seller signs this Contract, then this Contract will be null and void and
of no further force or effect.
C. This purchase is in lieu of eminent domain. The parties believe that
this transaction is exempt from documentary stamp tax pursuant to Fla. Admin.
Code Ann. r. 12B-4.013, however in the event the obligation for documentary stamp
tax is determined and assessed, the Seller agrees to be responsible for the same
and to indemnify, save, and hold the Buyer harmless for such taxes.
D. Early Closing: Notwithstanding the provisions set forth in Section v
of the Contract, Sellers elect to close fifteen (15) business days following the
date of delivery to the Buyer of the executed Contract and a copy of all mortgage
account information relative to any mortgages Seller may have on the subject
property.
Seller hereby acknowledges that they have delivered the executed Contract ~r
Sale and Purchase and prov_~e.d_ the mortgage payment information on this
of : 002.7
I If yOU wish tO ~'~isinitial here: early closing option, please
E. Purchase Price Adjustment: The Buyer hereby agrees that in the event
it shall have entered into any voluntary conSract outside of eminent domain for
the purchase of another property within the Breezy Ridge Estates subdivision
prior to the closing of th~s purchase and sale and such other contract would
provide a purchase price as defined in Article II. of the Contract for Sale and
Purchase which is greater than thirty percent (30%) above the appraised value of
such other property according to a bonafide appraisal acceptable to the Buyer
(the "Other Contract"), the Buyer shall increase the purchase price for the
property which is the subject of this Contract to reflect the same percentage
variance above appraised value agreed to be paid in such Other Contract.
F. Property Excluded: The following appliances, improvements, and
fixtures located in or on the subject property are hereby excluded from the sale
and will be removed when we vacate the premises:
(List) :
G. Post-Closing Occupancy: The undersigned Sellers hereby elect to
continue to occupy the property after closing as a Tenant under a lease agreement
with the Buyer to be signed at c~osing in form substantially as attached hereto,
which lease will provide for the £ight to occupy the premises until November 1,
2002, at no rent. Further, provided that in the event the undersigned Seller has
entered into a lease with the School Board of Palm Beach County on or prior to
November 1, 2002, which lease is acceptable to the School Board of Palm Beach
County and provides for the Seller's right to continue to occupy the premises
after the conveyance of the property by the Buyer to the School Board of Palm
Beach County, the Seller shall have the right to continue occupancy after
November 1, 2002 under the lease with the Buyer until the earlier of: December 1,
2002, or the conveyance of the subject property by the Buyer to the School Board
of Palm Beach County.
If you wish to elect this po~-~osing occupancy
option, please initial here: ~/7'/
H. Relocation Benefit: The Buyer hereby acknowledges that if the
subject property is occupied as of the date of closing, the occupant will receive
a relocation benefit in the amount of One Thousand Five Hundred Dollars
($1,500.00), to be paid by the Buyer to the occupant upon the occupant vacating
the subject property.
BUYER'S INITIALS:
SELLERS' INITIALS:
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. EVIDENCE OF TiTLe: (1)An ab~ra~ of t~r]~ prepared or brought current by a reputable and existing abstract firm (~f not
existing then certified as correct by an existing firm) purporting to be an accurate synopsis of the instruments affecting title
to Real Property recorded in the public records of the county wherein Real Property is located, through Effective Date It shall
commence with the earliest public records, or such later date as may be customary in the county. Upon closing of this Contract, the
abstract shall become the property of Buyer, sub~ect to the right of retention thereof by first mortgagee until fully paid
A ~1, ~n~,~anme enmm~m~n~ issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to
Buyer, an owner's policy of t~tle insurance in the amount of the purchase price, insuring Buyer's title to Real Property, sub]ec~
only to liens, encumbrances, exceptions or qualification provided in this Contract and those which shall be d~scharged by Seller
at or before closing Seller shall convey a marketable title subject only to liens, encumbrances, exceptlons or qualifications set
forth ~n Contract Marketable title shall be determined according to applicable Title Standards adopted by authority of The Florida
Bar and in accordance with law Buyer shall have 30 days, If abstract, or 5 days, if title commitment, from date of receiving
evidence of title to examine it If title is found defective, Buyer shall, within 3 days thereafter, notify Seller in writing
specifying defect(s) If the defect(s) render tltle unmarketable, Seller will have 30 days from receipt of notice to remove the
defect(a], failing which Buyer shall, within f~ve (5) days after expiration of the thirty (30) day period, deliver written noc~ce
to Seller either (1) extending the t~me for a reasonable per~od not to exceed 120 days within which Seller shall use diligent effort
to remove the defects, or (2)requesting a refund of deposit(s) paid which shall immediately be returned ~o Buyer If Buyer fails
to so notify Seller, Buyer shall be deemed to have accepted the t~tle as it then is Seller shall, if title is found unmarketable,
use diligent effort to correct defect(s) in title w~z n the time provided therefor. If Seller ls unable to timely correct the
defects, Buyer shall either waive the defects, or receive a refund of deposit(s), thereby releasing Buyer and Seller from all further
obligation under this Contract
B. SURVEY: Buyer, a~ Buyer's expense, within time allowed to deliver evidence of title, may have Real Property surveyed and
certified by a registered Florida surVeyor If the survey discloses encroachments on the Real Property or that Improvements located
thereon encroach on setback lines, easements, lands of others, or vlolate any restrictions, Contract covenants or applicable
governmental regulation, the same shall constitute a t~tle defect
C. IN~RESSAND EGRESS: Seller warrants and represents that there is ingress and egress to the Real Property sufflclent for the
intended uae as described in ~&ra~r,~h V~. hereof, title to which is in accordance with Standard A
D. LIENS: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for
herein, of any financing statements, claims of lien or potential llenors known to Seller and further attesting that there have been
no improvements or repairs to Property for 90 days immediately preceding date of closing If Property has been improved, or repaired
within that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general contractors, s~bcontractors,
suppliers, and materialman in addition to Seller's lien affidavit setting forth the names of all such general contractors,
subcontractors, suppliers and materlalmen and further affirming that all charges for Improvements or repairs which could serve as
a bas~s for a mechanic's lien or a claim for damages have been paid or w~ll be pa~d at closing of this Contract.
E. PLACE OF CLOSING: Closing shall be held in the county where Real Property is located, at the office of the attorney of the
Buyer
F. TIM~: In computing time periods of less than slx (6) days, Saturdays, Sundays and state or national legal holidays shall be
excluded Any time periods provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5 00 p m of
the next business day Time is of the essence ~n th~s Contract.
G. DOCUMENTS FOE CLOSiNg: Buyer shall furnish deed, owner's possession affidavit, corrective instruments, and closing statement
H. EXPENSES: Recording of corrective instruments shall be paid by Sel.=r: recording of deed shall be paid by Buyer Unless
otherwise provided by law or rider to this Contract, charges for the following related title services, namely title or abstract
charge, title examination, and settlement and closing fee, shall be paid by the party responsible for furnishing the title evidence
I. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessment l~ens as of date of closing (not as of Effective
Date) are to be pa=d by Seller Pending liens as of date of closing shall be assumed by Buyer If the improvement has been
substantially completed as of Effective Date, any pendlng lien shall be considered as certified, confirmed or ratified and Seller
shall, at closlng, be charged an amount equal to the last estimate of assessment for the improvement by the public body
of the assessed valuation of the Property so damaged, cost of restoration shall be an obllgat~on of the Seller and closing shall
deposit(s)
K. PROCEEDS OF SALE; CLOSING PROCEDURE- The deed shall be recorded upon clearance of funds If an abstract of title has been
would render Seller's title unmarketable from the date of the last evidence All closing proceeds shall be held in escrow by Seller's
attorney or other mutually acceptable escrow agent for a period o~ not more than 5 days after closing date If Seller's title is
rendered unmarketable, through no fault of Buyer, Bazar shall, wlthln the 5 day period, notify Seller in wrltlng of the defect and
Seller shall have 30 days from date of receipt of such notlflcatlon to cu~e the defect If Seller falls to tlme!y cure the defect,
all deposit(s) shall, upon written demand by Buyer and w~ch~n 5 days after demand, be returned to Buyer and s~multaneously with such
repayment, Buyer shall return Personalty and vacate Real Property and reconvey the Property to Seller by special warranty deed and
bill of sale If Buyer fails to make timely demand for refund, Buyer shall take title as Is, waiving all r~ghts against Seller as
to any ~ntervenang defect except as may be available ~o Buyer by virtue of warranties contained in the deed or bill of sale If a
portion of the purchase prate is to be derived from institutional financing or reflnanclng, requirements of the lending lnstltutlon
as to place, time of day and procedures for closing, and for disbursement of mortgage proceeds shall control over contrary provision
in this Contract. Seller shall have the right to require from the lending instltuulon a written co~x~ltment that it will not wmthhold
disbursement of mortgage proceeds as a result of any title defect attributable to Buyer-mortgagor The escrow and closing procedure
required by this Standard may be waived ~f title agent insures adverse matters pursuant to Section 627 7841, F S,, as amended
L. ZBCROW: Any escrow agent ("Aqpn~") receiving funds or equivalent is authorized and agrees by acceptance of them to deposl~
them promptly, hold same an escrow and, subDect to clearance, disburse them an accordance with terms and conditions of Contract
Failure of clearance of funds shall not excuse Buyer's performance If in doubt as to Agent's duties or liabilities under the
provisions of Contract, Agent may, a~ Agent's option, continue to hold the sub]ect matter of the escrow until the parties hereto
agree to its disbursement, or until a ]udgment of a court of competent Durlsdlctlon shall determine the rights of the parties or
Agent ~y deposit with the clerk of the circuit court having ]urlsdictlon of the dispute. Upon notIfying all parties concerned of
such acclon, all liability on =he Dart of Agent shall fully terminate, except to =he extent of accounclng for any Items previously
delivered out of escrow. If a licensed real estate broker, Agent w~ll comply with provisions of Chapter 475, F S., as amended Any
suit between Buyer and Seller where Agent is made a party because of acting as Agent hereunder, or ~n any suit wherein Agent
Interpleads the subject matter of the escrow, Agent sPall recover reasonable attorneys' fees and costs incurred with these amounts
to be paid from and out of the escrowed funds or equlva_ -t and charged and awarded as court costs in favor of the prevailing party.
The Agent shall not be liable to any party or person fcr ~sdellvery to Buyer or Seller of items sub]ect to this escrow, unless such
mlsdellvery is due to willful breach of Contract or gross negligence of Agent
M. A~'rO~Y PE~S; COSTS: ~n any litigation, including breach, enforcement or interpretation0 arising out of this Contract, the
prevailing party in such litigation which, for the purposes of this Standard, shall include Seller, Buyer, and any brokers acting
in agency or nonagency relationships authorized by Chapter 475, F S , as amended, shall be entitled to recover from the non-
prevailing party reasonable attorney's fees, costs, and expenses.
N. FAILUP~ OF PEP~O~MA~CE= If Buyer falls to perform this Contract within the time specified (lnc!udlng payment of all
deposit(s)), the deposit(si paid by Buyer and deposit(s) agreed to be paid, ~ay be recovered and re=lined by or for =he account of
Seller as agreed upon liquidated damages, consideration for the execution of this Contract and an full settlement of any claims;
whereupon, Buyer and Seller shall be relieved of all obllgatlons under Contract, or Seller, at Seller's option, may proceed in equity
to enforce Seller's rights under this Contract If, for any reason other than failure of Seller to make Seller's title marketable
after diligent effort. Seller falls, neglects or refuses to perform th~s Contract, the Buyer may seek specific performance or elect
to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach.
O. CONTRACT NOT ~CORDABLE; PERSONS BOUND; NOTICB: Neither this Contract nor any notice of it shall be recorded in any public
records This Contract shall bind and inure to the benefit of the parties and ~hear successors an Interest Whenever the context
permits, slngular shall include plural and one gender shall include all Not~ce given by or to the a=torney for any party shall be
as effective as if given by or to that party
P. CONVEYAnCe: Seller shall convey title to Real Property by warranty deed, subject only to matters contained in
and those otherwise accepted by Buyer. Personal Property shall, at request of Buyer, be transferred by an absolute bill of sale with
warranty of title, subject only to such matters as may be otherwise provlded for here~n.
Q. OT~ A(~S: NO prior or present agreements or representations shall be binding upon Buyer or Seller unless included in
this Contract No modification or change in this Contract shall be valid or slndlng upon the parties unless in writing and executed
by the party or parties intended to be bound by it
R. WARRANTIEB: Seller warrants that there are no facts ~nown to Seller materially affecting the value of the Property which are
not readily observable by Buyer Or which have not been disclosed to Buyer
LEASE
THIS LEASE, is made by and between CITY OF DELRAY BEACH, hereinafter
called "Landlord," whose address is 100 N.W. First Avenue, Delray Beach,
Florida 33444, and
, hereinafter called "Tenant."
W I TNE S SETH:
In consideration of the faithful performance of all covenants,
agreements and conditions herein contained, on the part of the Tenant to
be kept, done and performed, the said Landlord does hereby lease to the
Lessee the following described property:
Single family residence located at
, Delray Beach, Florida.
its "as is" condition.
Said property to be in
TO HAVE AND TO HOLD the same until November 1, 2002, at no rent.
Further, provided that in the event the Tenant has entered into a lease
with the School Board of Palm Beach County on or prior to November 1,
2002, which lease is acceptable to the School Board of Palm Beach County
and provides for the Tenant's right to continue to occupy the premises
after the conveyance of the property by the Landlord to the School Board
of Palm Beach County, the Tenant shall have the right to continue
occupancy after November 1, 2002, under the Lease with the Landlord until
the earlier of: December 1, 2002, or the conveyance of the subject
property by the Landlord to the School Board of Palm Beach County.
NOTICE TO TENANT (Pursuant to Chapter 83, F.S.)
A. Landlord designates SUSAN RUBY, ESQ., of the City Attorneys'
Office, 200 N.W. First Avenue, Delray Beach, FL 33444, as the person
authorized on its behalf to receive all notices and demands of Tenant.
THE TENANT FURTHER COVENANTS AND AGREES AS FOLLOWS:
1. Not to use or permit to be used the premises for any illegal,
immoral or improper purposes.
2. Not to make or permit any noise, disturbance or annoyance
whatsoever detrimental to the premises or to the comfort and peace of
neighboring residents.
3. The parties agree that the premises, including lawn and
plantings, and pool (if applicable), shall be continuously maintained in
good condition by the Tenant, including but not limited to air
conditioning and heat, appliances and/or appliance service contract,
interior pest extermination (if desired), lawn & plantings, lawn pest
control, building exterior, building interior, pool and equipment/pool
service, and that the obligation and cost of maintenance shall be borne
by the Tenant.
4. All charges for utilities services during the term of this
Lease, including but not limted to electric, telephone, gas/fuel, sewer,
water, and refuse collection, shall be payable by the Tenant.
5. The Tenant assume full and complete risk of loss and injury to
themselves and others which may result from the occupancy of the subject
premises pursuant to this Lease and in consideration of such tenancy, the
Tenant agrees to indemnify, save, and hold the Landlord harmless from any
and all liability, costs, claims, expenses, or damages of whatsoever
nature including defense costs, attorneys' fees, and administrative
costs.
6. Tenant shall deliver up possession of the premises at the end
of ~he term in as good condition as they now are, ordinary wear and tear
excepted; Tenant acknowledges prior inspection of the premises and finds
same to be in good condition except as hereinafter noted.
7. Tenant agrees that Landlord shall have the right, upon
reasonable notice, to inspect the premises and to show the premises to
prospective Tenants or Purchasers.
8. Tenant agrees to pay the cost of repairing any and all damage
to the premises occasioned by Tenant or any other party during the term
of this Lease, including the cost of removing foreign substances from
toilets and sinks.
9. Tenant covenants and agrees that the premises shall not at any
time be occupied by more than one family or persons without
written approval of the Landlord.
10. DEFAULT: Tenant's default in the performance of the covenants
and conditions hereunder shall immediately constitute Tenant as a tenant
at sufferance and, in such event, Tenant waives all right of notice to
vacate said premises, and the Landlord shall be entitled to re-enter and
retake possession of the premises immediately and without liability for
such action.
11. Tenant agrees to pay all court costs and reasonable attorney's
fees which may be paid or incurred by Landlord or Landlord's agent
enforcing the covenants, conditions, agreements and obligations of this
Lease in the event of Tenant's default hereunder.
12. This Lease contains the entire agreement of the parties and
supersedes any and all prior agreements between them. This Lease shall
be binding upon the benefit of the parties, their Personal
Representatives, successors and assigns.
13. Tenant shall not assign the Lease, or sublet the premises or
any part thereof, or permit the premises or any part thereof to be used
or occupied by anyone other than Tenant or members of Tenant's immediate
family, without the prior written consent of Landlord.
14. Tenant is hereby prohibited from making any improvements to the
subject real property other than pursuant to its repair and maintenance
and obligations as described herein and in the event a Claim of Lien
shall be recorded against the subject property as a result of any of
Tenant's actions and such Lien shall not be discharged of record within
ten (10) days thereafter, the Tenant shall be deemed to be in default
pursuant to the terms of this Lease.
IN WITNESS WHEREOF, the parties hereto have executed this Lease the
day and year first above written.
BY SIGNING THIS RENTAL AGREEMENT THE TENANT AGREES THAT UPON SURRENDER
OR ABANDONMENT, AS DEFINED BY THE FLORIDA STATUTES, THE LANDLORD SHALL
NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S
PERSONAL PROPERTY.
WITNESSES:
LANDLORD:
As to Landlord (2 required)
CITY OF DELRAY BEACH
By:
Printed Name:
Title:
As to Tenant (2 required) TENANT:
[ITY OF DELR;lY BE;ICH
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993
DATE: May 7, 2002
TO: City Commission
MEMORANDUM
FROM:
Susan A. Ruby, City Attorney
SUBJECT: Approval of Contract for Breezy Ridge Resident
The additional contract with the parties listed below is presented for your approval.
The contract price represents a purchase price of thirty percent over the appraised
value.
The contracts also provide for:
Early closing in an effort to get the money into the hands of the residents as
soon as possible.
Eady closing also makes possible the early payoff of any mortgages, so
that no mortgage payments will need be paid for June, July, August,
September and October for those that close in May.
There is an opportunity for the residents to stay on after closing until
November 1, 2002 at no rent.
A relocation benefit is provided, of $1,500.00, payable when a resident
vacates the property.
o
There is also a provision that if any Breezy Ridge resident were to receive
more than thirty percent over appraised value as the purchase price, then
before closing, all Breezy Ridge contracts would be adjusted to provide the
same percentage over appraised value.
The following additional contract is before you for approval:
Pyfescone Florestal and Ylionite Florestal
12-43-46-18-02-000-0101
$153,400.00
City Commission
May 7, 2002
Page 2
Please call if you have any questions.
SAR:ci ~
Attachments
cc: David Harden, City Manager
Barbara Garito, City Clerk
Joe Safford, Finance Director
Becky O'Connor, Treasurer
Robert Federspiel, Esq.
CONTRACT FOR SALE AND PURCHASE
PARTIES: PYFESCONE FLORESTAL and YLIONITE FLORESTAL, his wife, ("Seller"), of 205
NW 3rd Avenue, Delray Beach, FL 33445, (Phone: 278-0258), and the CITY OF DELRAY
BEACH, a Florida municipal corporation, ("Bi~"), of 100 N.W. 1st Avenue, Delray
Beach, FL 33444 (Phone: 561-243-7000), hereby agree that the Seller shall sell
and Buyer shall buy the following described Real Property and Personal Property
(collectively "P~") upon the following terms and conditions, which INCLUDE
the Standards for Real Estate Transactions ("~") on the reverse side
hereof or attached hereto and riders and any addenda to this Contract for Sale
and Purchase (',Contract").
DESCRIPTION:
(a) Legal description of the Real Property located in Palm Beach County,
Florida:
A portion of Lots 10 and 11, Replat of Part of Breezy Ridge Estates,
according to the map ~r plat thereof as recorded in Plat Book 24,
Page 116, Public Recorls of Palm Beach County, Florida
Being described as follows: Commencing at the Northeast corner of
said Lot 11, thence South 09°30'30"West along the East line of said
Lot 11, a distance of 120.00 feet to the Point of Beginning,
continuing South 09°30'30"West, a distance of 80.00 feet; thence
North 60°29"30"West, a distance of 120.00 feet; thence North
09°30'30"East, a distance of 80.00 feet; thence South 80°29'30"East,
a distance of 120.00 feet to the Point of Beginning.
Property Control No.:I2o43-46-18-02-000-0101
(b) Street address, city, zip, of the Property is: 205 NW 23rd Avenue,
Delray Beach, Florida
II. P~IRC~IASE PRICE: $153.400.00
PAYME~f:
(a)
Deposit(s) paid within three (3)
business days following the Effective
Date of this Contract, to be
held in escrow by Robert W. Federspiel,
P.A. Trust Account in the amount of
$ 1,000.00
(b)
Balance to close (U.S. cash, attorney trust
account check, LOCALLY DRAWN certified or
cashier's check, or wire transfer) subject to
adjustments or proration
Total
$152.400.00
$153,400.00
III.
TIME FOR ACCEPTANCE; EFFECTIVE DATE; FACSIMILE: If this offer is not
executed by and delivered to all parties OR FACT OF EXECUTION communicated
in writing between the parties prior to such offer being withdrawn by the
first party signing, the deposit(s) will, at Buyer's option, be returned
and this offer withdrawn The date of Contract (',Effective Date") will be
the later of the date when the last one of the Buyer and the Seller has
signed this offer or the date the City Commission of the City of Delray
Beach approves this Contract. A facsimile copy of this Contract and any
signatures thereon shall be considered for all purposes as originals.
IV.
TITLE EVIDENCE: At least 30 days from the effective date, (CHECK ONLY
ONE) : ~Seller shall, at Seller's expense, deliver to Buyer or Buyer's
attorney; OR ·Buyer shall at Buyer's expense obtain (CHECK ONLY ONE).
~abstract of title or ·title insurance commitment (with legible copies
of instruments listed as exceptions attached thereto) and, after closing,
an owner's policy of title insurance.
Vo
CLOSING DATE: This transaction shall be closed and the warranty Deed and
other closing papers delivered on the second Wednesday following the
expiration of the feasibility study period as provided for in Section
XI(A), unless modified by other provisions of Contract.
VI.
RESTRICTIONS; EASEMENTS; LIiiITATIONS: Buyer shall take title subject to:
comprehensive land use plans, zoning, restrictions, prohibitions and other
requirements imposed by governmental authority; restrictions and matters
appearing on the plat or otherwise common to the subdivision; public
utility easements of record (easements are to be located contiguous to
Real Property lines and not more than 10 feet in width as to the rear or
front lines and 7-1/2 feet in width as to the side lines, unless otherwise
stated herein); taxes for year of closing and subsequent years; assumed
mortgages and purchase money mortgages, if any (if additional items, see
addendum); provided that there exists at closing no violation of che
foregoing.
VII.
OCCUPANCY: Seller warrants there are no parties in occupancy other than
Seller. Seller shall deliver occupancy of Property to Buyer at time of
closing unless otherwise stated herein. If occupancy is to be delivered
before closing, Buyer assumes all risk of loss to Property from date of
occupancy, shall be responsible and liable for maintenance from chat date,
and shall be deemed to have accepted Property in its existing condition as
of time of taking occupancy unless otherwise stated herein.
VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
provisions, riders and addenda shall control all printed provisions of
this Contract in conflict with them.
IX.
ASSIGNABILITY: (CHECK ONLY ONE): Buyer (1) · may assign and thereby be
released from any further liability under this Contract; ~may assign but
not be released from liability under this Contract; or ~may not assign
this Contract.
DISCLOSURES:
(a) Radon
(b)
is a naturally occurring radioactive gas that, when
accumulated in a building in sufficient quantities, may present
health risks to persons who are exposed to it over time. Levels of
radon that exceed federal and state guidelines have been found in
buildings in Florida. Additional information regarding Radon or
Radon testing may be obtained from your County Public Health unit.
Buyer may have determined the energy efficiency rating of the
residential building, if any is located on the Real Property.
XI. SPECIAL CLAUSES; ~-ODE~TDA: If additional terms are to be provided,
attached addendum and CHECK HERE
CITY OF DELRAY BEACH
Dace ~Py~cone Flor~estal f Date
Social SecuritY._7~
Tax ID No. 59-6000308 or Tax ID No. --5~ ~7
~Y]~onzte Fio[e~l - --
Social Security
-
Deposi=(s) under Paragraph II (a) received; IF OT~{ER T~ CASH, T~EN SUBJECT TO
CLEI~CE: ROBERT W. FEDERSPIEL, P.A.
By:
ADDENDUM TO CONTRAC~ FOR SALE ~ PURCHASE
SELLER:
PYFESCONE FLORESTAL and YLIONITE FLORESTAL, his wife
BUYER:
CITY OF DELRAY BEACH, a Florida municipal corporation
PROPERTY ADDRESS:
205 NW 23rd Avenue, Delray Beach, FL 33445
XI. SPECIA~ CLAUSES; ADDENDA (Continued):
A. The Buyer shall have twelve (12) business days following the approval
of this contract by the City Commission as set forth in ~ below within
which to conduct any and all feasibility studies and determinations relative co
the suitability for the acquisition of the subject property by the Buyer and the
Buyer reserves the express right to terminate this Contract at any time during
said period for any reason or no reason, in Buyer's sole discretion, whereupon
Buyer shall receive a full refund of all deposit monies paid hereunder. Buyer
shall be granted reasonable access co the premises to conduct such feasibility
studies and determinations, including environmental assays, core drilling,
surveys, soil sampling and other ~uch testing.
B. This Contract is expressly contingent and conditioned upon the
approval of the same by the City Commission of the City of Delray Beach within
fifteen (15) business days from the date the Seller signs this Contract, and this
Contract shall expressly not be deemed an "offer" by the Buyer for any purpose
unless and until the said City Commission shall have approved and accepted said
Contract in open session. If th~s Contract is not approved by the City
Commission of the City of Delray Beach within fifteen (15) business days from the
date the Seller signs this Contract, then this Contract will be null and void and
of no further force or effect.
C. This purchase is in lieu of eminent domain. The parties believe that
this transaction is exempt from documentary stamp tax pursuant to Fla. Admin.
Code Ann. r. 12B-4.013, however in the event the obligation for documentary stamp
tax is determined and assessed, the Seller agrees to be responsible for the same
and to indemnify, save, and hold the Buyer harmless for such taxes.
D. Early Closing: Notwithstanding the provisions set forth in Section V
of the Contract, Sellers elect co close fifteen (15) business days following the
date of delivery to the Buyer of the executed Contract and a copy of all mortgage
account information relative to any mortgages Seller may have on the subject
property.
Seller hereby acknowledges that they have delivered the executed Contract for
Sale and Purchase and provided the mortgage payment information on this day
of , 2002.
you wish to el~_this early closing option, please
E. Purchase Price Adjustment: The Buyer hereby agrees that in the event
it shall have entered into any voluntary contract outside of eminent domain for
the purchase of another property within the Breezy Ridge Estates subdivision
prior to the closing of this purchase and sale and such other contract would
provide a purchase price as defined in Article II. of the Contract for Sale and
Purchase which is greater than thirty percent (30%} above the appraised value of
such other property according To a bonafide appraisal acceptable to the Buyer
(the "Other Contract"), the Buyer shall increase the purchase price for the
property which is the subject of this Contract to reflect the same percentage
variance above appraised value agreed to be paid in such Other Contract.
F. Property Excluded: The following appliances, improvements, and
fixtures located in or on the subject property are hereby excluded from the sale
and will be removed when we vacate the premises:
(List) :
G. Post-Closing Occupancy: The undersigned Sellers hereby elect to
continue to occupy the property after closing as a Tenant under a lease agreement
with the Buyer to be signed at c ~slng in form substantially as attached hereto,
which lease will provide for the __pht to occupy the premises until November 1,
2002, at no rent. Further, provlde~ that in the event the undersigned Seller has
entered into a lease with the School Board of Palm Beach County on or prior to
November 10 2002, which lease is acceptable to the School Board of Palm Beach
County and provides for the Seller's right to continue to occupy the premises
after the conveyance of the property by the Buyer to the School Board of Palm
Beach County, the Seller shall have the right to continue occupancy after
November 1, 2002 under the lease with the Buyer until the earlier of: December 1,
2002, or the conveyance of the subject property by the Buyer to the School Board
of Palm Beach County.
I I
f you wish to elect this posA%-closing occupancy
option, please initial here: ~ ~ ~/ %$ ~
H. Reloca=ion Benefit: The Buyer hereby acknowledges that if the
subject property is occupied as of the date of closing, the occupant will receive
a relocation benefit in the amount of One Thousand Five Hundred Dollars
{$1,500.00), to be paid by the Buyer to the occupant upon the occupant vacating
the subject property.
BUYER'S INITIALS:
SELLERS' INITIALS:
I''
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. EVIDENCE OF TITLE: {1)An abstract nf ~l~ prepared or brought current Dy a reputable and existing abstract firm {If not
existing then Certified as correct by an existing firm) purporting to be an accurate synopsis of the ~strumencs affecting title
to Real Property recorded In the pubikc records of the county w~ereln Real Property is located, through Effective Date It shall
Co~m~nce with the earliest public records, or such later date as may be customary ~n the county Upon closing of this Contract, the
abstract shall become the property of Buyer. subject to the right of retention thereof by first mortgagee until fully pa~d (2)
only CO liens, encumbrances, exceptions or qual~flcatlon provided i~ this Contract and those which shall be discharged by Seller
forth in Contract Marketable title shall be determined according to applicable T~tle Standards adopted by authority of The Florida
Bar and in accordance w~th law Buyer shall have 30 days, if abstract, or 5 days, if tltle commitment, from date of rece~vlng
evldence of t~tle to examine it. If t~le is found defective, Buyer shall, within ] days thereafter, noclfy Seller in wrlclng
specifying defect(s) rf ~he defect(s] render t~tle unmarketable. Seller wlll nave ]0 days from receipt of notice to remove the
defect(s), failing which Buyer shall, within five (5) days after expiration of the thirty (30) day period, deliver written motlce
=o Seller el~her (1) extendlng the time for a reasonable per~od not ~o exceed 120 days within which Seller shall use d~ligent effort
co remove the defects, or (2)requesting a refund of deposit{s) pald which shall lmmedlately be returned to Buyer rf Buyer fails
to so notify Seller, Buyer shall be deemed to have accepted the t~tle as lc t~en is Seller shall, if ~ltle is found unmarketable,
use diligent effort to correct defect(s) in title w;% ~ ~he time provided therefor If Seller is unable to timely correct the
defects, Buyer shall et=her waive the defects, or recelve { uefund of deposit(s}, thereby releasing Buyer and Seller from all further
obligation under this Contract.
S. SURVEY: Buyer, at Buyer's expense, within time allowed to delmver evidence of t~tle, may have Real Property su~/eyed and
certmf~ed by a registered Florida surveyor. If the survey d~scloses encroachments on the Real Property or that improvements located
thereo~ encroach on setback lines, easements, la~ds of others, or vlolate any restrictions, Contract covenants or applicable
governmental regulation, the same shall constitute a t~tle defect.
C. ~4~SSA~DE~ESS: Seller warrants and represents that there is ingress and egress to ~he Real ~roperty sufficient for the
~ntended ~se as described in Pa~aq~aDh V~. hereof, title to which %s ~n accordance w~th Standard A
D. LIENS: Seller shall furnish to Buyer at t~me of closing an aff~davxt attesting to the absence, unless otherwise prov%ded for
here~n0 of any fz~anclng statements, clalms of lien or potential llenors known to Seller and further attestlng that there have oeen
no improvements or repairs to Property for 90 days ~rm~edlately preceding ~a~e of closing If Property has been improved, or repaired
w%thln that time, Seller shall dellver releases or waivers o~ mechanics' Xlens executed by all general contractors, subcontractors,
suppliers, and mater%almen in addition to Seller's lien affzdavl~ ~ett~ng forth the names of all such general contractors,
subcontractors, suppliers and ~ater~almen and further affirming that all charges for ~mprovements or repa=rs which could serve as
a bas%s for a mechanlc's l%en or a claim for damages have been pa~d or wlll be pa~d at clos%ng of thls Contract
~, P~ACE OF C~OSIN~: Closing shaLL Be held in the county where Real Property Is located, at the offLce o~ ~e attorney of the
Buyer
F. TIME~ ~n com~ut~ng time perlods Of !ess ~han slx (6) days. Saturdays. Sundays and state or mat~onal legal holidays sbali be
excluded. A~y t~me periods provlded for herein which shall end on Saturday, Sunday or legal holiday shall extend ~o 5:00 p m. of
the next business day TAme xs of the essence in this Contract.
G. DOCUMENTS FOR CLOSING: Buyer shall furnish deed, owner's possession affidavit, corrective instruments, and closing s~atement
~. EXPENSES: Recording of corrective ~nstruments shall be paid by Seller, recording of deed shall be paid by Buyer Unless
otherwise provided by law or r~der to th~s Contract, charges for the following related ~tle services, namely t~tle or abstract
charge, title examination, and settlement and closing fee, shall be paid by the party responsible for furnlsh~ng the t~tle evidence
I. BPECIA~ ASSESSmeNT L~ENS: Certified, confirmed and ratified special assessment l~ens as of date of closing (not as of Effective
Date) are to be paid by Seller. Pending l~ens as of date of closlng shall be assumed by Buyer If the improvement has seen
substantially completed as of Effective Date, any pending lien shall be considered as certified, confirmed or ratified and Seller
shall, at closing, be charged an amount equal =o the last estimate of assessment for the improvement oy the public body
J. RISK OF LOSS: If the Property is damaged by fire or other casualty before closing and cost of restoration does not exceed 3%
deposit(s)
K PROCEEDS OF SALt; CLOSIN~ PROCEDURE. The deed shall be recorded u~on clearance of funds if an a~stract of title has been
would render Seller's title unmarketable from the date of the last evidence All closing proceeds shall be ne!d zn escrow by Seller's
attorney or other mutually acceptable escrow agent ~or a per~od of not more than 5 days after closing date if Seller's title ~s
rendered unmarketable, through no fault of Buyer, Buyer shall, within the 5 day per~od, notify Seller ~n ~r!t~ng of the defect and
Seller s~all nave 30 days from date of receipt of $~ch ~ot~c~t~on to cure the defect If Seller fa~Is to %~mei/ cure the de~ect,
all deposit(s) shall, upon written demand by Buyer and ~t~hl~ 5 days after demand, be returned To Buyer and s~mu.:~neous[v ~lTn
repayment, Buyer shall return Personalty and vacate Real ProperTy and reconvey ~he P~operty to Seller by ~pec~a~ ~arr~nt7 deed
blli of sale ff Buye~ ~alls to make timely demand lot refund, Buyer s~all take ~tle as ~s, ~a~v~ng ~ll $~gh~s aga~ns~ Seller as
co any ~ntervenlng defect except as may be available to Buyer by v~rtue of warran~es ~ontalned ~n ~he deed o~ ~11 of sale ~ a
pOrtiO~ of the purchase price is ~o be derived from ~nstltut~onal f~nanclng or ~ef~nanclng, retirements of the lending
as to place, tl~ of day and procedures for closing, and for disbursement of ~Drtgage proceeds shall control over contrary provLs~on
in this Contract Seller shall have the right to rec~xre from the lending ~nstltutlon a written com~nltment that ~ wlll not withhold
disbursement of ~rtgage proceeds as a result of any ~ltle defect atcrlbutable ~o Buyer-mortgagor The escrow a~d closing procedure
recruited by this Standard ~y be wazved ~f tl~le agent ~nsures adverse mat~ers pursuanc Co Section 627 7841, F S , as amended
~. ES~= ~y escrow agent ("~") recelvlng funds or e~lvalenc ls auchorlzed and agrees by acceptamce of ~em ~o de~osl=
them ~rom~ly, hold sa~ ~ escrow and, ~ub]ect ~o clearance, disburse them ~ accordance w~th terms and conditions o~ Contrac~
Fallure of clearance of funds shall not excuse Buyer's perfor~nce If ~n do~= as =o Agent's dutzes or izab~llt~es under =he
provzsio~s of Co~ract, ~e~t ~y. a~ Agent's option, CO~l~e ~o hold the suD]ec~ mat~er of the escrow untll =he par=xes hereto
agree ~0 ~=s dlsbursement, or until a ]udgment of a court of co.scent ]urzsdlc~lon shall dece~ne =he r~ghts of the paroles
such action, ail l~l&~y on the part of Agent s~all fully ze~nate, except co the extent of accounting for any ~cems ~rev~ously
delivered out of escrow rf a llcensed real estate broker, Agent w~ll comply w~ provisions of Chapter 475, F S , as amended
su~t between B~yer a~d Seller where Agent ~s ~de a party because of ac~l~g as Age~ hereunder, or ~n any su~t where~n Agen~
~nte~leads ~he s~3ec~ ~er of ~he escrow, Agen~ shill recover reasonable a~orneys' fees and costs ~ncurred w~th ~hese amoun~
~o be pazd from and ou~ of ~he escrowed funds or e~va. ~ and charged and awarded as court costs ~n favor of the prevailing
The Agent s~ll no~ be l&~le to any party or person for -_~del~very ~o Buyer or Seller of ~Cems s~]ec~ zo this escrow, unless such
mzsdel~very ~s due to w~llful breach o~ Contract or gross aegl~gence of Agen~
M. A~ ~; ~STS: In any l~c~gat~on, ~nclud~ng breach, enforcemen~ or ~n~e~re~a~on, arzslnq out of ~hxs Contract, ~he
prevallxng ~arty ~n such litigation w~ch, for the pu~o~es of =bls Standard, shall ~nclude Seller, Buyer, and any brokers at, lng
In agency or nonagency relatlons~lps authorized by Chapter 475, F S., as amended, shall be encltled =o recover from ~he non-
9reva~llng ~arty reasonable attorney's ~ees, costs, and expense~
N. FAZL~E OF PERFOrm: If Buyer fa~ls ~o perform ~h~s Con,rat= wlthln the t~me spec~fled (lnclud/ng pa~en~ of all
deposit(s)), =he deposit(s) paid by Buyer and deposlc(s) agreed ~o be pa~d, may be recovered and retained by or for =he account
Seller as agreed u~on ll~lda=ed da~ges, conslderac~on for the execution of zhls Con~ract and in full sect!emen~ of any clalms;
w~ereuDon, Buyer a~ Seller s~ll be relieved of all obliger%OhS under Contract, or Seller, at Se~ler's option, ~y proceed ~n
co enforce Seller's rlg~s under Chls Concrac= If, for any reason other =han fa~lur~ of Seller co ma~e Seller's =~le ~rketaule
after dlllgen= effort, Seller faAls, neglects or refuses =o perfo~ ~hls Contract, ~he Buyer ~y seek spec~flc perfo~ance or elec~
=o receive =he return of Buyer's de~szt(s) w~houc thereby waiving any action for damages resul=~ng from Seller's breach
O. C~ ~T ~ECO~E; ~RSONS BO~; NOT~: Ne%~her th~s Contrac~ nor any not,ce o~ ~t shall be recorded in any
records. Th~s Contract shall b~nd and inure ~0 =he benefit of ~he 9arc~es and ~he~f successors ~n ~nceres=. Whenever the con=ex=
pe~lts, s%n~lar shall %nclude plural and one gender shall :nclude all No=lce g~ven by or to the attorney for any party shall be
as effective as ~f gzven by or to that party
and chose other/se accepted by Buyer Personal Pro9ercy shall, a= re.est of Buyer, be ~ransferred by an ~solute bl!l of sale
warranty of ~l=le, s~]ec= only to such matters as may De oche~se provlded for here~n
Q. O~ AGES: No prior or 9resen~ agreements or representations shall be b~nd~ng u~on Buyer or Seller unless ~ncluded
by ~he ~ar:y or ~artxes ~n~mnded ~o be bo~d by ~
R. ~~: Seller warrants t~t ~here are ao facts kno~ ~o Seller mater~ally affecting ~he value of ~he Pro~er~y wh%c~ are
not read%ly obse~aDle by Buyer or w~ch have hOC been d~sclosed to Buyer.
LEASE
THIS LEASE, is made by and between CITY OF DELRAY BEACH, hereinafter
called "Landlord," whose address is 100 N.W. First Avenue, Delray Beach,
Florida 33444, and
, hereinafter called "Tenant."
W I T N E S S E T H:
In consideration of the faithful performance of all covenants,
agreements and conditions herein contained, on the part of the Tenant to
be kept, done and performed, the said Landlord does hereby lease to the
Lessee the following described property:
Single family residence _ocated at
, Delray Beach, Florida.
its "as is" condition.
Said property to be in
TO HAVE AND TO HOLD the same until November 1, 2002, at no rent.
Further, provided that in the event the Tenant has entered into a lease
with the School Board of Palm Beach County on or prior to November 1,
2002, which lease is acceptable to the School Board of Palm Beach County
and provides for the Tenant's right to continue to occupy the premises
after the conveyance of the property by the Landlord to the School Board
of Palm Beach County, the Tenant shall have the right to continue
occupancy after November 1, 2002, under the Lease with the Landlord until
the earlier of: December 1, 2002, or the conveyance of the subject
property by the Landlord to the School Board of Palm Beach County.
NOTICE TO TENANT (Pursuant to Chapter 83, F.S.)
A. Landlord designates SUSAN RUBY, ESQ., of the City Attorneys'
Office, 200 N.W. First Avenue, Delray Beach, FL 33444, as the person
authorized on its behalf to receive all notices and demands of Tenant.
THE TENANT FURTHER COVENANTS AND AGREES AS FOLLOWS:
1. Not to use or permit to be used the premises for any illegal,
immoral or improper purposes.
2. Not to make or permit any noise, disturbance or annoyance
whatsoever detrimental to the premises or to the comfort and peace of
neighboring residents.
3. The parties agree that the premises, including lawn and
plantings, and pool (if applicable), shall be continuously maintained in
good condition by the Tenant, including but not limited to air
conditioning and heat, appliances and/or appliance service contract,
interior pest extermination (if desired), lawn & plantings, lawn pest
control, building exterior, building Interior, pool and equipment/pool
service, and that the obligation and cost of maintenance shall be borne
by the Tenant.
4. Ail charges for utilities services during the term of this
Lease, including but not limted to electric, telephone, gas/fuel, sewer,
water, and refuse collection, shall be payable by the Tenant.
5. The Tenant assume full and complete risk of loss and injury to
themselves and others which may result from the occupancy of the subject
premises pursuant to this Lease and in consideration of suck tenancy, the
Tenant agrees to indemnify, save, and hold the Landlord harmless from any
and all liability, costs, claims, expenses, or damages of whatsoever
nature including defense costs, attorneys' fees, and administrative
costs.
6. Tenant shall deliver up possession of the premises at the end
of the term in as good condition as they now are, ordinary wear and tear
excepted; Tenant acknowledges prior inspection of the premises and finds
same to be in good condition except as hereinafter noted.
7. Tenant agrees that Landlord shall have the right, upon
reasonable notice, to inspect the premises and to show the premises to
prospective Tenants or Purchasers.
8. Tenant agrees to pay the cost of repairing any and all damage
to the premises occasioned by Tenant or any other party during the term
of this Lease, including the cost of removing foreign substances from
toilets and sinks.
9. Tenant covenants and agrees that the premises shall not at any
time be occupied by more than one family or persons without
written approval of the Landlord.
10. DEFAULT: Tenant's default in the performance of the covenants
and conditions hereunder shall immediately constitute Tenant as a tenant
at sufferance and, in such event, Tenant waives all right of notice to
vacate said premises, and the Landlord shall be entitled to re-enter and
retake possession of the premises immediately and without liability for
such action.
11. Tenant agrees to pay all court costs and reasonable attorney's
fees which may be paid or incurred by Landlord or Landlord's agent
enforcing the covenants, conditions, agreements and obligations of this
Lease in the event of Tenant's default hereunder.
12. This Lease contains the entire agreement of the parties and
supersedes any and all prior agreements between them. This Lease shall
be binding upon the benefit of the parties, their Personal
Representatives, successors and assigns.
13. Tenant shall not assign the Lease, or sublet the premises or
any part thereof, or permit the premises or any part thereof to be used
or occupied by anyone other than Tenant or members of Tenant's immediate
family, without the prior written consent of Landlord.
14. Tenant is hereby prohibited from making any improvements to the
subject real property other than pursuant to its repair and maintenance
and obligations as described herein and in the event a Claim of Lien
shall be recorded against the subject property as a result of any of
Tenant's actions and such Lien shall not be discharged of record within
ten (10) days thereafter, the Tenant shall be deemed to be in default
pursuant to the terms of this Lease.
IN WITNESS WHEREOF, the parties hereto have executed this Lease the
day and year first above written.
BY SIGNING THIS RENTAL AGREE~'ENT THE TENANT AGREES THAT UPON SURRENDER
OR ABANDONMENT, AS DEFINED BY T~E FLORIDA STATUTES, T~E LANDLORD SHALL
NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S
PERSONAL PROPERTY.
WITNESSES:
LANDLORD:
AS to Landlord (2 required)
CITY OF DELRAY BEACH
By:
Printed Name:
Title:
As to Tenant (2 required) TENANT:
TO:
THROUGH:
FROM:
SUBJECT:
P~,~ DORLING. DIRtECTOR OF PLANNING AND ZONING
MEETING OF MAY 7, 2002
REQUEST FOR AN AMENDMENT TO ORDINANCE 70-89 FOR A PARCEL OF
LAND LOCATED AT 610 & 615 NORTH OCEAN BOULEVARD (THE FONTAINE
FOX HOUSE)~ APPROXIMATELY 900' SOUTH OF GEORGE BUSH BOULEVARD
BETWEEN ANDREWS AVENUE AND THE ATLANTIC OCEAN; AN INDIVIDUALLY
LISTED HISTORIC PROPERTY.
Ordinances 12-02A, 12-02B, and 12-02C reflecting the application request and recommendations by
City Staff and the Histodc Preservation Board for the development of additional lots on the subject
property were brought before the City Commission on March 19, 2002 for its first reading. The second
reading was held on April 2, 2002, and the ordinances were denied. The City Commission provided
direction to prepare a modified ordinance which is now before the City Commission for first reading.
The ordinance proposes to modify the existing Ordinance 70-89 in the following way:
1) Maintain the geographical boundaries of the historic designation as set forth in Ordinance 70-89.
2) Modify the density restriction from three to four dwelling units.
3)
Establish a minimum of a 100 foot buffer between the existing wall at the rear of the Fontaine Fox
House, located at 610 N. Ocean Boulevard, and any newly created lot to the west, by requiring
the west lot line of any newly created lot containing the Fontaine Fox House (as it currently
exists), to be a minimum of 100 feet from the existing rear wall (as it currently exists).
4)
Restrict the height of any new construction to 28-feet, on any newly created lot immediately west
of and adjacent to, the lot containing the existing structures located at 610 & 622 North Ocean
Boulevard (State Road A1A).
5)
That the entirety of Lot 1, Plat of Hancock Subdivision (Plat Book 76, Page 175), currently
addressed as 622 North Ocean Boulevard, be listed in the Local Register of Historic Places and
approved by the City Commission. The designation process for local listing is to be completed
prior to recording the proposed final plat.
Ordinance 13-02.A, accommodating these changes, is now before the City Commission for review and
approval.
The applicant is proposing an alternative to Ordinance 13-02A that proposes three versus two lots
west of the Fontaine Fox House; a 60' versus 100' buffer; no height restrictions on the lots
immediately west of both historic structures (610 & 622 North Ocean Boulevard); removal of the two
western lots from the current designation; and the addition of property to the north into the current
local historic designation.
City Commission Documentation
Meeting of May 7, 2002
Fontaine Fox Historic Property
Page 2
There is a concern that this proposed alternative has not received formal review by the Histodc
Preservation Board. Further, the removal of the western two lots from the existing designation,
creation of three lots versus two, and the omission of the height restriction on the two lots is
inconsistent with the recommendation of the Historic Preservation Board. In addition, the inclusion of
additional property within the existing historic district requires a formal process and review by the
Historic Preservation Board. Given these factors, staff does not support the alternative ordinance as
proposed.
Approve Ordinance 13-02A on first reading and set the public headng for the City Commission
Meeting of May 21, 2002. Recommend denial of Ordinance 13-02B as proposed.
ORDINANCE NO. 13-02
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 70-89
THAT PROVIDED FOR THE HISTORIC DESIGNATION OF THE
FONTAINE FOX HOUSE AND PROPERTY; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, Ordinance No. 70-89 was adopted on October 24, 1989 and provided for the
historic designation of the Fontaine Fox House and property as described in L.D.R. Section
4.5.1(K)(2), and allowed the development of a total of 3 dwelling units on the site which would
include the development of a house on the east side of A-I-A, provided certain conditions were
met; and
WHEREAS, there currently exists the Fontaine Fox house and a house on the east side of
A-1-A within the historically designated area; and
WHEREAS, the current owner of the Fontaine Fox house and lands west of A-1-A wishes
to amend Ordinance No. 70-89.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 2, "Requirements of Designation" of Ordinance No. 70-89 of the
City of Delray Beach is hereby repealed in its entirety and replaced by a new Section 2,
"Requirements of Development" to read as follows:
Requirements of Development.
The requirements of development are as follows:
(1) Two dwelling units currently exist on the historic site, an additional two dwelling
units are allowed on the historic site west of A-1-A and to the rear of the currently existing
Fontaine Fox House but beyond the 100' buffer as described in Subsection 2.
(2) The developer shall establish a minimum of a 100' buffer between the existing wall
at the rear of the Fontaine Fox House, located at 610 North Ocean Boulevard, and any newly
created lot to the west, by requiring the west lot line of any newly created lot containing the
Fontaine Fox House, as it currently exists, to be a minimum of 100' west of the existing rear wall
as it currently exists.
(3) The developer shall restrict the height of any new construction to 28' of any newly
subdivided lot immediately west of and adjacent to any newly created lot containing the existing
structures currently located at 610 & 622 North Ocean Boulevard.
(4) That the entirety of LOt 1, Plat of Hancock Subdivision, currently addressed as 622
N. Ocean Boulevard be listed in the Local Register of Historic Places and approved by the City
Commission. The applicant must go through the full process and not voluntarily withdraw the
designation application and such designation process must be completed prior to the recordation of
the proposed final plat. This item shall not be required if the City Commission fails to approve the
designation.
(5) No dwelling unit used or developed on that portion of the Fontaine Fox Historic
Site which lies east of State Road A-1-A shall contain more than two thousand and four hundred
(2,400) square feet of gross floor area.
Section 2. If the provisions of Section 1 are not met then the following shall apply:
(1) No more than three dwelling units shall be used and/or developed within the
boundaries of the Fontaine Fox Historic Site. This includes the two dwelling units currently
existing on the site.
(2) No dwelling unit used or developed on that portion of the Fontaine Fox Historic
Site which lies east of State Road A-1-A shall contain more than two thousand and four hundred
(2,400) square feet of gross floor area.
Section 3. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,200
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
2 ORD. NO. 13~2
ORDINANCE NO. 13-02
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING ORDINANCE NO. 70-89 THAT PROVIDED
FOR THE HISTORIC DESIGNATION OF THE FONTAINE FOX HOUSE AND
PROPERTY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 70-89 was adopted on October 24, 1989 and provided for the
historic designation of the Fontaine Fox House and property described in L.D.R. Section 4.5.1 (K)(2),
and allowed the development of a total of three (3) dwelling units on the site which would include
the development of a house on the east side of A-l-A, provided certain conditions were met; and
WHEREAS, there currently exists the Fontaine Fox house and a house on the east side of
State Road A-1-A within the historically designated area; and
WHEREAS, the current owner of the Fontaine Fox house and lands west of A-1-A wishes
to amend Ordinance No. 70-89.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 2, "Requiremems of Designation" of ordinance No. 70-89 of the
City of Delray Beach is hereby repealed in its entirety and replaced by a new Section 2,
"Requirements of Development" to read as follows:
Requirements of Designation
The requirements of designation are as follows:
Angela Wong, DEPUTY CLERK
***Agenda Packet***
(1) Two (2) dwelling units currently exist on the historic site, an additional three (3)
dwelling units shall be allowed on the historic site west of A-1-A and to the rear of the currently
existing Fontaine Fox House but beyond the sixty foot (60') buffer as described in Subsection 2, two
(2) of which dwelling units (the most westerly two (2) dwelling units) shall be fxee of historic
designation if the requirements set forth herein are met.
(2) The developer shall establish a minimum of a sixty foot (60') buffer west of the
existing retaining wall at the rear of the Fontaine Fox House, located at 610 North Ocean Boulevard,
and any newly created lot to the west, by requiring the west lot line of any newly created lot
containing the Fontaine Fox House, as it currently exists, to be a minimum of sixty feet (60') west
of the existing rear retaining wall as it currently exists.
(3) That in substitution for the property described in L.D.R. Section 4.5.1(K)(2) listed
as an historic site, the following property be listed as a historic site: (I) the entirety of Lot 1, Plat of
Hancock Subdivision, currently addressed as 622 North Ocean Boulevard; (ii) a portion of Ocean
Apple Estates consisting of the present Lot 1, the present Lot 2 and a portion of the present Lot 3 as
depicted in Exhibit "I"; and (iii) south ten feet (10') of Lot 3, Block E, Palm Beach Shores Acres
which is east of A-1-A as depicted in Exhibit "I" attached hereto and made a part hereof and
approved by the City Commission. The applicant must go through the full process and not
voluntarily withdraw the designation application and such designation process must be completed
prior to the recordation of the proposed final replat of the above-mentioned property. This item shall
not be required if the City Commission fails to approve the designation. If the City Commission
approves the designation, the property which is a part of Ocean Apples Estates not described above
shall be free from any historic designation whatsoever.
(4) No dwelling unit used or developed on that portion of the Fontaine Fox Historic Site
which lies east of State Road A-1-A shall contain more than two thousand four hundred square feet
of gross floor area.
Section 2. If the provisions of Section 1 are not met, then the following shall apply:
(1) No more than three (3) dwelling units shall be used and/or developed within the
boundaries of the Fontaine Fox Historic Site. This includes the two (2) dwelling units currently
existing on the site.
(2) No dwelling unit used or developed on that portion of the Fontaine Fox Historic Site
which lies east of State Road A-1-A shall contain more than two thousand four hundred square feet
of gross floor area.
Section 3. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section $. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the~
day of ,2002.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
O'\VBTS002\Ordin~nc¢ No. 13-02.wpd
TO:
THRU:
FROM:
SUBJECT:
SCOTT ARONSON, PARKING MANAGEMENT SPECIALIST
MEETING OF MAY 7, 2002 - REGULAR AGENDA
REVIEW OF PROPOSED IMMOBILIZATION ORDINANCE
AMENDING CHAPTER 71 OF THE CITY CODE OF ORDINANCES
BY ENACTING SECTION 71.092 "IMMOBILIZATION OF VEHICLES
BY THE CIndY TO COLLECT OUTSTANDING PARKING FINES"
At the November 13, 2001 City Commission Workshop, staff was directed to create an
immobilization ordinance to address the collection of outstanding parking fines.
The following highlights the major points of the proposed ordinance:
1. Vehicles with five (5) outstanding violations are eligible for immobilization.
2. Illegally parking in a handicapped zone counts as three (3) violations.
3. Once meeting the criteria, the registered owner shall be served notice via U.S. Mail.
The owner will have ten (10) calendar days from the receipt of notification to: pay all
outstanding fines and penalties, request an administrative hearing, or request a court
date to contest the fines.
4. Vehicle owners have the right to request an administrative hearing to determine that
the vehicle was properly immobilized pursuant to this ordinance.
5. Boot removal fee is established at $25.00 in addition to the payment of all outstanding
fines and penalties.
6. Vehicles remaining immobilized in excess of twenty-four (24) hours shall be towed
from their location and impounded until all outstanding penalties, boot removal
charges, and the cost of towing and impoundment are paid.
7. Cost of repair to, or replacement of, the immobilization device will be assessed to the
vehicle owner if the device is damaged, destroyed, or if a vehicle is moved without
returning the immobilization device. This cost will not exceed $500.00.
8. This section shall be applied retrospectively so that any outstanding citation or
summons shall be includable in determining whether the requirements of Paragraph
(A)(1) have been met.
The Parking Management Advisory Board, at their meeting of April 23, 2002, unanimously
recommended approval of the proposed Immobilization Ordinance.
By motion, approve the amendment to Chapter 71 of the City Code of Ordinances by
enacting Section 71.092, "Immobilization of Vehicles by the City to Collect Outstanding
Parking Fines."
Attachment:
[3 Proposed Immobilization Ordinance
ORDINANCE NO. 14-02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DRI.RAY BEACH, FLORIDA, AMENDING THE
CODE OF O~DINANCES, BY AMENDING CHAPTER 71,
"PARKING REGULATIONS", BY ENACTING SECTION
71.092, "IMMOBILIZATION OF VEHICLES BY THE CITY
TO COLLECT OUTSTANDING PARKING FINES", TO
PROVIDE PROCEDURES FOR THE IMMOBILIZATION
OF VEHICLES THAT HAVE A CERTAIN NUMBER OF
UNPAID PARKING TICKETS OUTSTANDING;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, there are certain owners and operators of vehicles who have failed to pay
parking tickets issued by the City of Delray Beach; and
WHERF~S, the City Commission has determined it to be in the public's best interest to
have these owners and operators of vehicles pay their parking tickets on time.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DF.I.RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 71, "parking Regulations", of the Code of Ordinances of the City
of Delray Beach, is hereby amended by enacting Section 71.092, "Immobili~.ation of Vehicles by the
City to Collect Outstanding Parking Fines", to read as follows:
Section 71.092 IMMOBILIZATION OF VEHICLES BY THE CITY TO COLLECT
OUTSTANDING PARKING FINES
(A) Any police officer employed by the City. is hereby authorized to attach a "Denver boot"
or other nondestructive device, which prevents a vehicle from being moved under its own power, to
a motor vehicle under the fonowing conditions:
(1) The motor vehicle has. on at least five-(5) prior occasions, been found
stopped, standing or parked on any street, alley or thoroughfare within the City. in violation
of a state.l~w or City ordinance for which parking tickets have been issued and to which the
re[,istered owner has failed or refused to respond by requesting an administrative hearing
before the City. Manager's des'~gnee or a court date to contest the parking tickets or by paving
the dvil penalties indicated upon the parking tickets or imposed by court order. A parking
ticket issued for parking in a handicapped parking space shall count as three (3) occasions or
tickets for the purposes of this ordinance.
I ORD. NO. 14-02
(2) The re~stered owner of the motor vehicle has been _~ven Writtetl tl0;;ic¢ by
mail ¢o the address listed by the Florida Department of Highway Safety. & Motor Vehicles)
or otherwise that the provisions of this section will be enforced a[minst the motor vehicle
unless, not more than ten (10) calendar days from the date of receipt of the notice, fla~
owner shall pay the ~ penalties for all such outstanding parking tickets, or request an
administrative hearing before the City. Manage~ r's des'_~mee to determine whether the
immobili~.ation of the vehicle is warranted or notifies the City that he has requested a court
hearing for the unpaid tickets: and
(3) Thc re~stered owner of the motor vehicle has failed or refused to respond to
the notice described in par%~'aph (A)(2) above by pa.ving such civil penalties or requesting an
administrative hearing or court hearing: and
(.4) If the owner or operator of such vehicle requests an administrativg heating.
the City. Manager's des'~gnee shall grant an administrative healfing within ten (10) working
days from the date of such request. Immobili:,.ation shall be warranted if the City. Manager'~
designee finds that the City, has correctly followed the notice procedures of this section and
there are a sufficient number of outstanding parking tickets. The owner or operator may
appeal the City. Manager's des'_mnee's decision to the City. Manager.
~) The City. shall maintain a current list of all motor vehicles to which an immobili~.ing
device may be attached pursuant to this section.
(C) The immobilizing device shall be attached to the motor vehicle at any locafon within the
City where the motor vehicle may be found, if the location is in a right-of-way or a place where the
public is invited to travel except that no motor vehicle shall be immobili~.ed within the traveled
portion of any street or in any portion of any street when immobili~.ation at such place would create
a hazard to the public or to traffic.
(D) At the time that an immobili~.ing device is attached to a motor vehicle, a notice shall be
affixed to the win~lshielqt and to the left front window (.drivers side) stating that the immobili:,.ing
device has been attached and captioning the operator not to attempt to operate the motor vehicle or
to attempt to remove the immobili~.ing device. The notice shall inform the owner or operator of the
motor vehicle of the total amount of dvil penalties assessed under the citations for which the motor
vehicle is mobilized, plus the removal charge for removal of the immobili~.ing device, and the
location to which flag owner o1: operator must ~ in order tO pay the civil penalties and removal
charge and have the immobilizing device removed from the motor vehicle.
.(E) Except a* provided in subsection ,(la). below, the immobili~,.ing device shall be removed
from the motor vehicle only upon pament of the dvil penalties assessed under the dtations for
which the motor vehicle tl~s been imrnobili~-ed, plus the removal charges, or ~apon the authorization
2 ORD. NO. 14-02
of the City. Manager's des'~mnee. Payment may be made in the form of cash. cashier's check, money.
order. MasterCard or Visa. Payment shall be made at the City. of Delray Beach Police Deparlznetlt.
300 W. Atlantic Avenue. Delray Beach.
{'F} The owner or onerator of a vehicle which has been immobili~.ed with an immobili~ine
device s'h~ll have the right'togtequest the City. Manager's des'~Lmaee to conduct an administrativ~
heating for the purpose of determining whether such vehicle was properly immobili~.ed in
accordance with the terms of this section. The hearing shall be held during normal business hours
(M-F 8:00 a.m. to 5:00 p.m.. excluding_ holidays) and within twenty-four (24) hours of such a request
being made if the City. Manager's 0es'~mnee is available. If said imm0bili?.ati0n 0ccu~ after normal
City business hours (M-F 8:00 a.m. to 5:00 p.m.) said heating will be ~cheduled within 24 hours of
the opening of the business. The owner or operator requesting the heating shall receive notice of its
date. time and place at the time the request is made. If. upon the conclusion of the heating, the City
Manager's des'_tgnee determines that the vehicle was properly immobili~.ed in agcgrdanc¢ with the
terms of this section, the owner or operator, in order to obtain the removal of the immobilizing
device, shall pay the City. the mount indicated in subsection (E). If the City. Managel:'s de~'_xgne¢
determines that the vehicle was not properly immobili~.ed, the immobili~,.ing device shall be removed
as soon as possible. The owner or operator may appeal the decision of the City Managef~ d¢~'~tgne¢
to the City. Manager.
(G) The removal charge for the authorized removal of an immobili~.ing device is hereby
established in the amount of twenty five dollars ($25.00).
(H) As an additional remedy, if an immobili~.ing device remains on ~ motor vehicle for more
than twenty-four (24) hours, any motor vehicle described in subsection (A) may be towed from any
location where it may be found within the city., ff the location is in a right-of-way or a place where
the public is invited to travel_ and shall be impounded until thc registered owoer p~ys ~ 9ut~tandi~_~
dvil penalties, the removal charge and the costs of towing and knp0~mdment.
.fl). This section shall be applied retrospectively so that arty outstallding dtation or summgns
shall be includable in determining whether the requirements of Para,apb (A)(1) have been met.
(I) The City. Mana[~e.r shall have the right to appoint the Parldng Management Speei~!i.~t or
another des'_mnee to conduct the administrative hearing.
(K) If the immobili:,.ing device is destroyed or damaged while placed on a motor vehicle, the
owner of the motor vehicle shall be responsible for the costs to repair such damage or to replace the
immobili~.ing device if destroyed. However. in no event shall such char~ges ~xceed $500.00. Such
charges shall be paid prior to the release of the motor vehicle. If an irnmobili~.ing device is placed
on a motor vehicle atilt thc motor vehicle is moved without returning the immobili:,.ing device, the
owner of the motor v~hi,le shall then be responsible for the replacement cost of the immobilizing
device.
3 ORD. NO. 14-02
Section 2. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent juri.udiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than
the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 4. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regaflur session on second and final reading on this the
day of ,200 .
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
4 ORD. NO. 14-02
'[ITY OF DELRI:I¥ BEI:I[H
CITY IITORNEY'S OFFICE ~oo mw .~^V~$~. ~^~ ~^~., ~O~^..~
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993
DATE:
TO:
FROM:
SUBJECT:
MEMORANDUM
May 7, 2002
City Commission
Susan A. Ruby, City Attorney
Approval of Contract for Breezy Rid.qe Resident
The additional contract with the parties listed below is presented for your approval.
The contract price represents a purchase price of thirty percent over the appraised
value.
The contract also provides for:
Early closing in an effort to get the money into the hands of the residents as
soon as possible.
Early closing also makes possible the early payoff of any mortgages, so
that no mortgage payments will need be paid for June, July, August,
September and October for those that close in May.
There is an opportunity for the residents to stay on after closing until
November 1, 2002 at no rent.
A relocation benefit is provided, of $1,500.00, payable when a resident
vacates the property.
There is also a provision that if any Breezy Ridge resident were to receive
more than thirty percent over appraised value as the purchase price, then
before closing, all Breezy Ridge contracts would be adjusted to provide the
same percentage over appraised value.
The following additional contract is before you for approval:
Lynne Zenchyk
12-43-46-18-02-000-0420
$146,900.00
City Commission
May 7, 2002
Page 2
Please call if you have any questions.
Attachments
CC:
David Harden, City Manager
Barbara Garito, City Clerk
Joe Safford, Finance Director
Becky O'Connor, Treasurer
Robert Federspiel, Esq.
CO~TTP. ACT FOR S~tLE ~ PIIRCHASE
PARTIES: LYI~ D. ZENC~, a married man, ("Sel~er"), of 19 NW 24th Avenue, Delray
Beach, FL 33445, (Phone: 954-255-1545), and the CITY OF DELP. AY BEACH, a Florida
municipal cozl0oration, ("B/ly_~"), of 100 N.W. 1st Avenue, Delray Beach, FL 33444
(Phone: 561-243-7000), hereby agree that the Seller shall sell and Buyer shall
buy the following described Real Property and Personal Property (collectively
"P.r~") upon the following terms and conditions, which INCLUDE the Standards
for Real Estate Transactions ("~J~") on the reverse side hereof or
attached hereto and riders and any addenda to this Contract for Sale and Purchase
DESCRIPTION:
(a) Legal description of the Real Property located in Palm Beach County,
Florida:
Lot 42, Replat of Part of Breezy Ridge Estates, according to the map
or plat thereof as recorded in Plat Book 24, Page 116, Public
Records of Palm Beach County, Florida
Property Control No.:12-43-46-18-02-000-0420
(b) Street address, city, zip, of the Property is: 19 NW 24th Avenue,
Delray Beach, Florida
II. P~IRCHASE PRICE: $~46.900.00
PAI'M]~NT:
(a) Deposit(s) paid within three (3)
business days following the Effective
Date of this Contract, to be
held in escrow by Robert W. Federspiel,
P.A. Trust Account in the amount of
$ 1,000.00
(b)
Balance to close (U.S. cash, attorney trust
account check, LOCALLY DRAWN certified or
cashier's check, or wire transfer) subject to
adjustments or proration
Total
$146,900.00
III.
IV.
TIME FOR ACCEPTA/~CE; EFFECTIVE DATE; FACSIMILE: If this offer is not
executed by and delivered to all parties OR FACT 0F EXECUTION communicated
in writing between the parties prior to such offer being withdrawn by the
first party signing, the deposit(s) will, at Buyer's option, be returned
and this offer withdrawn. The date of Contract ("~ffe~t~ve_Date") will be
the later of the date when the last one of the Buyer and the Seller has
signed this offer or the date the City Commission of the City of Delray
Beach approves this Contract. A facsimile copy of this Contract and any
signatures thereon shall be considered for all purposes as originals.
TITLE EVIDENCE: At least 30 days from the effective date, (CHECK ONLY
ONE) : DSeller shall, at Seller's expense, deliver to Buyer or Buyer's
attorney; OR .Buyer shall at Buyer's expense obtain (CHECK ONLY ONE):
Dabstract of title or ·title insurance commitment (with legible copies
of instruments listed as exceptions attached thereto) and, after closing,
an owner's policy of title insurance.
Vo
CLOSING DATE: This transaction shall be closed and the Warranty Deed and
other closing papers delivered on the fourth Tuesday following the
expiration of the feasibility study period as provided for in Section
XI(A), unless modified by other provisions of Contract.
VI.
RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to:
comprehensive land use plans, zoning, restrictions, prohibitions and other
requirements imposed by governmental authority; restrictions and matters
appearing on the plat or otherwise common to the subdivision; public
utility easements of record (easements are to be located contiguous to
Real Property lines and not more than 10 feet in width as to the rear or
front lines and 7-1/2 feet in width as to the side lines, unless otherwise
stated herein); taxes for year of closing and subsequent years; assumed
mortgages and purchase money mortgages, if any (if additional items, see
addendum); provided that there exists at closing no violation of the
foregoing.
VII.
OCCUPANCY: Seller warrants there are no parties in occupancy other than
Seller. Seller shall deliver occupancy of Property to Buyer at time of
closing unless otherwise stated herein. If'occupancy is to be delivered
before closing, Buyer assumes all risk of loss to Property from date of
occupancy, shall be responsible and liable for maintenance from that date,
and shall be deemed to have accepted Property in its existing condition as
of time of taking occupancy unless otherwise stated herein.
VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
provisions, riders and addenda shall control all printed provisions of
this Contract in conflict with them.
IX.
ASSIGNABILITY: (CHECK ONLY ONE): Buyer (1) · may assign and thereby be
released from any further liability under this Contract; Dmay assign but
not be released from liability under this Contract; or []may not assign
this Contract.
Xo
XI.
DISCLOSURES:
(a) Radon
(b)
is a naturally occurring radioactive gas that, when
accumulated in a building in sufficient quantities, may present
health risks to persons who are exposed to it over time. Levels of
radon that exceed federal and state guidelines have been found in
buildings in Florida. Additional information regarding Radon or
Radon testing may be obtained from your County Public Health unit.
Buyer may have determined the energy efficiency rating of the
residential building, if any is located on the Real Property.
SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided,
attached addendum and CHECK HERE ·.
CITY OF DELRAY BEACH
By:
Tax ID No. 59-6000308
Date
Social Security
or~~o. 07/ ~2.
Deposit(s) under Paragraph II (a) received; IF OT~ER THAN CASH, THEN SUBJECT TO
CLEARANCE: ROBERT W. FEDERSPIEL, P.A.
By:
ADDENDUM TO CONTRACT FOR SALE AND PURCIIASE
SELLER:
LYNNE D. ZENCHYK, a married man
BUYER:
CITY OF DELRAY BEACH, a Florida municipal corporation
PROPERTY ADDRESS:
19 NW 24th Avenue, Delray Beach, FL 33445
XI. SPECIAL CLAUSES; ~%DDENDA (Continued):
A. The Buyer shall have twelve (12) business days following the approval
of this contract by the City Commission as set forth in P_~ below within
which to conduct any and all feasibility studies and determinations relative to
the suitability for the acquisition of the subject property by the Buyer and the
Buyer reserves the express right to terminate this Contract at any time during
said period for any reason or no reason, in Buyer's sole discretion, whereupon
Buyer shall receive a full refund of all deposit monies paid hereunder. Buyer
shall be granted reasonable access to the premises to conduct such feasibility
studies and determinations, including environmental assays, core drilling,
surveys, soil sampling and other such testing.
B. This Contract is expressly contingent and conditioned upon the
approval of the same by the City Commission of the City of Delray Beach within
fifteen (15) business days from the date the Seller signs this Contract, and this
Contract shall expressly not be deemed an "offer" by the Buyer for any purpose
unless and until the said City Commission shall have approved and accepted said
Contract in open session. If this Contract is not approved by the City
Commission of the City of Delray Beach within fifteen (15) business days from the
date the Seller signs this Contract, then this Contract will be null and void and
of no further force or effect.
C. This purchase is in lieu of eminent domain. The parties believe that
this transaction is exempt from documentary stamp tax pursuant to Fla. Admin.
Code Ann. r. 12B-4.013, however in the event the obligation for documentary stamp
tax is determined and assessed, the Seller agrees to be responsible for the same
and to indemnify, save, and hold the Buyer harmless for such taxes.
D. Early Closing: Notwithstanding the provisions set forth in Section V
of the Contract, Sellers elect to close fifteen (15) business days following the
date of delivery to the Buyer of the executed Contract and a copy of all mortgage
account information relative to any mortgages Seller may have on the subject
property.
Seller hereby acknowledges that they have delivered the executed Contr~for
Sale a~Purchase ~nd provided the mortgage payment information on this ~day
of / ~,~/~-~/, 2002.
If you wish to el~early closing option, pleaseI
initial here:
E. Purchase Price Adjustment: The Buyer hereby agrees that in the event
it shall have entered into any voluntary contract outside of eminent domain for
the purchase of another property within the Breezy Ridge Estates subdivision
prior to the closing of this purchase and sale and such other contract would
provide a purchase price as defzned in Article II. of the Contract for Sale and
Purchase which is greater than thirty percent (30%) above the appraised value of
such other property according to a bonafide appraisal acceptable to the Buyer
(the "Other Contract"), the Buyer shall increase the purchase price for the
property which is the subject of this Contract to reflect the same percentage
variance above appraised value agreed to be paid in such Other Contract.
F. Property Excluded: The following appliances, improvements, and
fixtures located in or on the subject property are hereby excluded from the sale
and will be removed when we vacate the premises:
(List): ~ ~
G. Post-Closing Occupancy: The undersigned Sellers hereby elect to
continue to occupy the property after closing as a Tenant under a lease agreement
with the Buyer to be signed at closing in form substantially as attached hereto,
which lease will provide for the right to occupy the premises until November 1,
2002, at no rent. Further, provided that in the event the undersigned Seller has
entered into a lease with the School Board of Palm Beach County on or prior to
November 1, 2002, which lease is acceptable to the School Board of Palm Beach
County and provides for the Seller's right to continue to occupy the premises
after the conveyance of the property by the Buyer to the School Board of Palm
Beach County, the Seller shall have the right to continue occupancy after
November 1, 2002 under the lease with the Buyer until the earlier of: December 1,
2002, or the conveyance of the subject property by the Buyer to the School Board
of Palm Beach County.
~f you wish to elect this po~sing occupancy
option, please initial here:
H. Relocation Benefit: The Buyer hereby acknowledges that if the
subject property is occupied as of the date of closing, the occupant will receive
a relocation benefit in the amount of One Thousand Five Hundred Dollars
($1,500.00), to be paid by the Buyer to the occupant upon the occupant vacating
the subject property.
BUYER' S INITIALS:
STANDARDS FOR REAL ESTATE TRANSACTIONS
-. A. EVIDENCE OF TITLB: (1)An abstract ~f ~,t]e prepared or brought current by a reputable and existing abstract flrm (if not
exlstlng then certified as correct by an existing firm) purporting tO be an accurate synopsis of the Instruments affecting title
to Real Property recorded in the public records of the county wherein Real Property is located, through Effective Date It shall
commence with the earliest public records, or such later date as may be customary in the county Upon closing of this Contract, the
abstract shall become the property of Buyer, subject to the right of retention thereof by first mortgagee until fully paid (2)
A t~l~ ~m~an~ c~m~r~m~ Issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to
Buyer, an Owner's policy of title insurance in the amount of the purchase price. Insuring Buyer's t~tle to Real Property, subDect
only to liens, encumbrances, exceptions or qualification provided in this Contract and those which shall be discharged by Seller
at or before closing Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set
forth in Contract. Marketable title shall be determined according to applicable Title Standards adopted by authority of The Florida
Bar and in accordance with law. Buyer shall have 30 days, if abstract, or 5 days, if title oommltmen=, from date of receiving
evidence of title to examlne It If title I~ found defective, Buyer shall, w~thln 3 days thereafter, notify Seller in writing
specifying defect(s) If the defect(s) render title unmarketable, Seller will have 30 days from receipt of notice to remove the
defect(s), falling which Buyer shall, within flve (5) days after expiration of the thirty (30) day period, deliver written notice
to Seller either (1) extending the time for a reasonable period not to exceed 120 days within which Seller shall use diligent effort
to remove the defects, or (2] requesting a refund of deposit(s) paid which shall immediately be returned to Buyer If Buyer fails
~o so notify Seller, Buyer shall be deemed to have accepted the title as it then is Seller shall, if title Is found unmarketable,
use diligent effort to correct defect(s) in title wlu..~n the time provided therefor If Seller Is unable to timely correct the
defects, Buyer shall e~ther waive the defects, or receive a refund of deposit(s), thereby releasing Buyer and Seller from all further
obligation under th~s Contract.
B. SURVEY: Buyer, at Buyer's expense, within time allowed to del~ver evldence of title, may have Real Property surveyed and
certified by a registered Florida surveyor. If the survey discloses encroachments on the Real Property or that improvements located
thereon encroach on setback lines, easements, lands of others, or violate any restrlctlons, Contract covenants or applicable
governmental regulation, the same shall constitute a title defect
C. ~NG~SSAND EGRESS: Seller warrants and represents that there is ingress and egress to the Real Property sufficient for the
Intended use as described in Paragraph VI. hereof, ~ltle to which is in accordance with Standard A
D. LIENS: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for
herein, of any financing statements, claims of lien or potential llenors known to Seller and further attesting that there have been
no improvements or repairs to Property for 90 days lntmedlately preceding date of closing If Property has been improved, or repaired
wlthln that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors,
suppliers, and mater~almen in addition to Seller's llen affidavit setting forth the names of all such general contractors,
subcontractors, suppliers and materlalmen and further afflrmlng that all charges for improvements or repairs which could serve as
a basis for a mechanic's lien or a claim for damages have been pald or will be pald at closing of this Contract
E. PLACE OF CLOSING: Closlng shall be held in the county where Real Property Is located, at the office of the attorney of the
Buyer
F. TI~: In computing time periods of less than slx (6) days, Saturdays, Sundays and s~ate or national legal holidays shall be
excluded. Any time periods provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5 00 p m of
the next business day T~me is of the eesence in th~s Contract.
G. DOCLq4~TS FOR C~OSING: Buyer shall furnish deed, owner's possession affidavit, correct~ve ~nstruments, and closing statement
H. EXPENSES: Recording of corrective Instruments shall be paid by Sea_er, recordlng of deed shall be paid by Buyer Unless
otherwise provided by law or rider to this Contract, charges for the following related tLtle services, namely title or abstract
charge, title examlnatlon, and settlement and closing fee. shall be paid by the party responsible for furnishing the title evidence
in accordance with Pa~a~&~h TV
I. SPECIAL A~SEBS~ENT LIENS: Certified, confirmed and rat/fled special assessment liens as of date of closing (not as of Effective
Date) are to be paid by Seller Pending liens as of date of closing shall be assumed by Buyer. If the improvement has been
substantially completed as of Effective Date, any 9endlng lien shall be considered as certified, confirmed or ratified and Seller
shall, at closing, be charged an amount equal to the last estimate of assessment for the improvement by the public body,
J RISK O~ LOBS: If the Property is damaged by fire or other casualty before closlng and cost o~ restoration does not exceed 3%
of =he assessed valuation of the Property so damaged, cos= of restoration shall be an obligation of the Seller and closing shall
proceed pursuant to the terms of Contract with restoration costs escrowed at closing If the cost of restoration exceeds 3% of the
assessed valuation of the improvements so damaged, Buyer shall have the option of either taklng Property as Is, together with either
the 3% or any insurance proceeds payable by virtue of such loss or damage, or of canceling Contract and recelvlng return of
deposit(s)
K. PROCEEDS OF SAL~; CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds If an abstract of title has been
furnished, evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumDrances or change which
would render Seller's title unmarketable from the date of the last evidence Ail closing proceeds shall be held in escrow by Seller's
attorney or other mutually acceptable escrow agent for a period of not more than 5 days after ctoslng date If Seller's title is
rendered unmarketable, through no fault of Buyer. Buyer shall, within the 5 day period, notify Seller In wrltln~ of the defect and
Seller shall have 30 days from date of receipt of such notification to cure 5he defec5 If Seller ~al!s tc 5lmely cure ~he defect,
all deposit(s) shall, upon written demand by Buyer and wlthln 5 days after de~and, be returned to Buyer and simultaneously with such
repayment, Buyer shall return Personalty and vacate Peal Property and reconvey the Property to Seller by speclal warranty deed and
b~ll of sale If Buyer falls to make timely demand for refund, Buyer shall take title as as, walvang all rlghts agaanst Seller as
to any intervening defect except as may be avaalable to Buyer by virtue of warranties contained mn the deed or ball of sale If a
portaon of the purchase price is to be derived from Institutional financing or refinancing, requirements of the lendang institution
as to place, tame of day and procedures for closing, and for disbursement of mortgage proceeds shall Control over contrary provlslO~
in this Contract Seller shall have the r~ght to req%~lre from =he lending institution a wratten co~Famtment that at wall not wathhold
dlsburse~nt of mortgage proceeds as a result of any title defect attrmbutable to Buyer-mortgagor The escrow and closlng procedure
required by thas Standard may be walved if title agent insures adverse matters pursuant to Section 627 7841, F S . as amended
L. ESCROW: Any escrow agent {"A~n~") receiving funds or equavalent as authorazed and agrees by acceptance of them to deposit
them promptly, hold same in escrow and, subject to clearance, dasburse them in accordance with terms and conditions of Contract
Faalure of clearance of funds shall not excuse Buyer's performance If In doubt as to Agent's dutmes or laabllataes under the
provisions of Contract, Agent may, at Agent's optaon, continue to hold the subject matter of the escrow until the parties hereto
agree to ate dasbursement, or until a ]udgment of a court of competent ]urlsdlctlon shall determine the rights of the parties or
Agent may deposit with the clerk of the circuit court having ]urlsdmctlon of the dispute Upon notlfymng all partaes concerned of
such actaon, all llaDallty on the part of Agent shall fully terminate, except to the extent of accounting for any atems previously
delivered out of escrow. If a l~censed real estate broker, Agent w~ll comply wmth provlsaons of Chapter 475, F S , as amended Any
suit between Buyer and Seller where Agent as made a party because of actang as Agent hereunder, or in any sult wherean Agent
mnterpleads the sub]sct matter of the escrow, Agent sn~!l recover reasonable attorneys' fees and costs incurred wath these amounts
to be paid from and out of the escrowed f~nds or equlva!ent and charged and awarded as court costs in favor of the prevailing party
The Agent shall not be liable to any party or person for m~sdellvery to Buyer or Seller of Items subDect to thas escrow, unless such
masdellvery ls due to willful breach of Contract or gross negligence of Agent.
M. ATTORNEY FEES; COSTS: In any latlgatlon, Including breach, enforcement or interpretation, arlslng out of this Contract, the
prevellmng party 1n such litigation which, for the purposes of this Standard, shall anclude Seller, Buyer, and any brokers actang
in agency or nonagency relationships authorized by Chapter 475, F S , as amended, shall be entitled to recover from the non-
prevamllng party reasonable attorney's fees, costs, and expenses.
N. FAIL~RE OP PERFORNANCE: If Buyer falls to perfozwa thls Contract within the time specaf!ed (Including payment of all
deposit(s)), the deposit(s) paid by Buyer and deposit(s) agreed to be paid, may be recovered and retained by or for the account of
Seller as agreed upon liquidated damages, consaderatlon for the execution of this Contract and mn full settlement of any claims,
whereupon, Buyer and Seller shall be relieved of all obligations under Contract, or Seller, at Seller's option, may proceed mn equity
to enforce Seller's rights under this Contract If, for any reason other than failure of Seller to make Seller's txtle marketable
after dllagent effort, Seller falls, neglects or refuses to perform thls Contract, ~he Buyer may seek SpeClflc performance or elect
to recexve the return of Buyer's deposit(s] without thereby waiving any action for damages resulting from Seller's breach
O. CON--CT NOT ~ECORDABLE; PERSONS BOUND; NOTICE: Neither thls Contract nor any notice of it shall be recorded in any public
records This Contract shall bind and inure to the benefit of the parties and their successors in interest Whenever the context
permits, s=ngular shall include plural and one gender shall include all Notice given by or to the attorney for any party shall be
as effective as if given by or to that party
P. CO~VEqFAN~: Seller shall convey title to Real Property by warranty deed, sub]ect only to matters contamned in
and those otherwise accepted by Buyer. Personal Property shall, at request of Buyer, be transferred by an absolute ball of sale with
warranty of title, sub]ect only to such matters as may be otherwise provided for herein
~. OTH~RA~3RE~iENTS: NO prior or present agreements or representations shall be blndlng upon Buyer or Seller unless mncluded
this Contract NO ~odlflcataon or change in this Contract shall be valid or a~ndlng upon the partmes unless in wratang and executed
by the party or partaes intended to be bound by it
R. WARI~P~NT~ES: Seller warrants that there are no facts known to Seller maueraally affecting the value of the Property whach are
not readily observable by Buyer or whach have not been disclosed to Buyer
LEASE
THIS LEASE, is made by and between CITY OF DELRAY BEACH, hereinafter
called "Landlord," whose address is 100 N.W. First Avenue, Delray Beach,
Florida 33444, and
, hereinafter called "Tenant."
W I T N E S S E T H:
In consideration of the faithful performance of all covenants,
agreements and conditions herein contained, on the part of the Tenant to
be kept, done and performed, the said Landlord does hereby lease to the
Lessee the following described property:
Single family residence located at
, Delray Beach, Florida.
its "as is" condition.
Said property to be in
TO HAVE AND TO HOLD the same until November 1, 2002, at no rent.
Further, provided that in the event the Tenant has entered into a lease
with the School Board of Palm Beach County on or prior to November 1,
2002, which lease is acceptable to the School Board of Palm Beach County
and provides for the Tenant's right to continue to occupy the premises
after the conveyance of the property by the Landlord to the School Board
of Palm Beach County, the Tenant shall have the right to continue
occupancy after November 1, 2002, under the Lease with the Landlord until
the earlier of: December 1, 2002, or the conveyance of the subject
property by the Landlord to the School Board of Palm Beach County.
NOTICE TO TENANT (Pursuant to Chapter 83, F.S.)
A. Landlord designates SUSAN RUBY, ESQ., of the City Attorneys'
Office, 200 N.W. First Avenue, Delray Beach, FL 33444, as the person
authorized on its behalf to receive all notices and demands of Tenant.
THE TENANT FURTHER COVENANTS AND AGREES AS FOLLOWS:
1. Not to use or permit to be used the premises for any illegal,
immoral or improper purposes.
2. Not to make or permit any noise, disturbance or annoyance
whatsoever detrimental to the premises or to the comfort and peace of
neighboring residents.
3. The parties agree that the premises, including lawn and
plantings, and pool (if applicable), shall be continuously maintained in
good condition by the Tenant, including but not limited to air
conditioning and heat, appliances and/or appliance service contract,
interior pest extermination (if desired), lawn & plantings, lawn pest
control, building exterior, building interior, pool and equipment/pool
service, and that the obligation and cost of maintenance shall be borne
by the Tenant.
4. All charges for utilities services during the term of this
Lease, including but not limted to electric, telephone, gas/fuel, sewer,
water, and refuse collection, shall be payable by the Tenant.
5. The Tenant assume full and complete risk of loss and injury to
themselves and others which may result from the occupancy of the subject
premises pursuant to this Lease and in consideration of such tenancy, the
Tenant agrees to indemnify, save, and hold the Landlord harmless from any
and all liability, costs, claims, expenses, or damages of whatsoever
nature including defense costs, attorneys' fees, and administrative
costs.
6. Tenant shall deliver up possession of the premises at the end
of the term in as good condition as they now are, ordinary wear and tear
excepted; Tenant acknowledges prior inspection of the premises and finds
same to be in good condition except as hereinafter noted.
7. Tenant agrees that Landlord shall have the right, upon
reasonable notice, to inspect the premises and to show the premises to
prospective Tenants or Purchasers.
8. Tenant agrees to pay the cost of repairing any and all damage
to the premises occasioned by Tenant or any other party during the term
of this Lease, including the cost of removing foreign substances from
toilets and sinks.
9. Tenant covenants and agrees that the premises shall not at any
time be occupied by more than one family or persons without
written approval of the Landlord.
10. DEFAULT: Tenant's default in the performance of the covenants
and conditions hereunder shall immediately constitute Tenant as a tenant
at sufferance and, in such event, Tenant waives all right of notice to
vacate said premises, and the Landlord shall be entitled to re-enter and
retake possession of the premises immediately and without liability for
such action.
11. Tenant agrees to pay all court costs and reasonable attorney's
fees which may be paid or incurred by Landlord or Landlord's agent
enforcing the covenants, conditions, agreements and obligations of this
Lease in the event of Tenant's default hereunder.
12. This Lease contains the entire agreement of the parties and
supersedes any and all prior agreements between them. This Lease shall
be binding upon the benefit of the parties, their Personal
Representatives, successors and assigns.
13. Tenant shall not assign the Lease, or sublet the premises or
any part thereof, or permit the premises or any part thereof to be used
or occupied by anyone other than Tenant or members of Tenant's immediate
family, without the prior written consent of Landlord.
14. Tenant is hereby prohibited from making any improvements to the
subject real property other than pursuant to its repair and maintenance
and obligations as described herein and in the event a Claim of Lien
shall be recorded against the subject property as a result of any of
Tenant's actions and such Lien shall not be discharged of record within
ten (10) days thereafter, the Tenant shall be deemed to be in default
pursuant to the terms of this Lease.
IN WITNESS WHEREOF, the parties hereto have executed this Lease the
day and year first above written.
'BY SIGNING THIS RENTAL AGREEMENT THE TENANT AGREES THAT UPON SURRENDER
OR ABANDONMENT, AS DEFINED BY THE FLORIDA STATUTES, THE LANDLORD SHALL
NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S
PERSONAL PROPERTY.
WITNESSES:
LANDLORD:
As to Landlord (2 required)
CITY OF DELRAY BEACH
By:
Printed Name:
Title:
As to Tenant (2 required) TENANT: