Agenda Special 09-10-02 CITY COMMISSION
CITY OF DELRAY BEACH, FLORIDA
SPECIAL/WORKSHOP - TUESDAY, SEPTEMBER 10, 2002
6:00 P.M. FIRST FLOOR CONFERENCE ROOM
DELRAY BEACH
1993
2001
The City will furnish appropriate auxiliary aids and services where necessary to afford an individual
with a disability an equal opportunity to participate in and enjoy the benefits of a service, program,
or activity conducted by the City. Contact Doug Randolph at 243-7127, 24 hours prior to the
program or activity in order for the City to reasonably accommodate your request. Adaptive
listening devices are available for meetings in the Commission Chambers.
SPECIAL MEETING AGENDA
Pursuant to Section 3.12 of the Charter of the City of Delray Beach, Mayor David W. Schmidt, has
instructed me to announce a Special Meeting of the City Commission to be held for the following
purposes:
1. TRANSPORATION PERFORMANCE STANDARDS: Consider authorizing staff action
regarding language changes in Palm Beach County's Transportation Performance Standards.
WORKSHOP AGENDA
1. Sharing the Outcome of 2002 Goal Setting
2. Proposed Agreement for the First Night 2003 Event
3. Commission Comments
Please be advised that if a person decides to appeal any decision made by the City Commission with
respect to any matter considered at this meeting, such person will need to ensure that a verbatim
record includes the testimony and evidence upon which the appeal is based. The City neither
provides nor prepares such record.
[ITY OF OELRII',t' BEI:IEH
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Wnter's Direct Line: 561/243-7091
1993
DATE:
MEMORANDUM
September 5, 2002
TO:
City Commission
David T. Harden, City Manager
FROM:
Susan A. Ruby, City Attorney
SUBJECT: Transportation Performance Standards Being Considered by Palm
Beach County
Palm Beach County is considering revisions to their Comprehensive Plan and
ultimately to their Development Regulations relating to changes in the County's
"Transportation Performance Standard" (TPS). These changes will impact cities.
There are six issues relating to the Transportation Performance Standards.
Among the issues, and of particular importance to cities, is the issue of cities' and
the County's participation in establishing Corridor Master Plans for Palm Beach
County. Item No. 3 below relates to the Corridor Master Plans and will be
addressed by the County Commission at its workshop on September 24, 2002 at
10:30 a.m. It is expected that the County Commission will make a final decision at
the workshop meeting as to whether the County will revise the language in the
proposed Comprehensive Plan amendment back to the language previously
approved by the cities. The previously approved language permitted cities, as well
as the County, to approve the Corridor Plans instead of the County only. If the
language is not changed back by the County Commission, we will need your
authorization to either object to or to not object to the language to the Department
of Community Affairs, which must be done by September 28, 2002. The same
deadline applies to items one and two as well.
There are several additional scheduled meetings where some or all of the issues
set forth below (including the Corridor Master Plan) may be discussed.
Traffic Performance Standards (TPS)
Test 1 - Peak Hour: The County is proposing changes in the Traffic
Performance Standard from an average daily trip standard to a peak hour
trip standard.
September 5, 2002
Page 2
Issue: It appears that there is some agreement that the Comprehensive
Plan change as to Test 1 is acceptable. The issue that has generated more
concern is the Test 2 amendment outlined below. (Anticipated adoption is
Dec/02 - Jan/03).
Test 2 - 5-Year Buildout Test The County has transmitted a
comprehensive plan change to add a 5-year build out component analysis
to the revised Test 1 above.
Issue 1. The issue with the proposed change concerns the method
used to solve the problem of using road capacity more than once. It
appears that the County methodology may double certain counts. Also, the
County methodology does not address the redistribution of trips that occurs
when new projects are approved. Those that oppose the County
methodology want to include a model to assess redistribution instead of
using the County methodology.
Corridor Master Plans: Some cities, including Delray Beach, approved
the level of service standard language anticipated to be included in the
County's Comprehensive Plan. (See Exhibit 1). The language approved by
Delray Beach and other cities was ultimately changed by the County
eliminating the bracketed and starred language in Exhibit 2 which provided
for adoption of the plans by the cities and the County. If the language does
not change back to the original language then the cities do not have the
ability to approve the Corridor Plan adopted by the County. The current
language requires mitigation which includes changes in land uses within
cities.
Issue: The mitigation referred to in Paragraph 2 in Exhibit 2 includes land
use modifications along the corridors. The cities have land use authority
over land within their jurisdictions. If the cities have no approval powers,
then the ultimate land use decision is vested in the County (voters rejected
County wide land use authority in 1992 (See Exhibit 3, Pages 8, 9 of
Ordinance 92-1, 96,726 said no, 61,071 said yes).
New Traffic Studies if Buildout Date Exceeded. There has been
direction by the County Commission to include in all traffic concurrency
letters a prohibition on the issuance of building permits if a buildout date is
exceeded. Those projects that exceed the time frame (for any reason) will
have to get new traffic studies that may result in a denial for some part of or
all of a previously approved project. This may be contrary to certain vesting
requirements in the law. Further, it may affect a project's ability to get
financing. Also, the County wants cities to make this a condition of
September 5, 2002
Page 3
development within cities without an ordinance on the issue. (Anticipated
adoption Dec. 02/Jan. 03).
Level of Siqnificance: The level of significance standard (acceptable
deviation from the formula) is currently 1%. The proposal is to change it
from 1% to ¼%.
Issue: If changed, it will likely only be in effect for several months if the new
Test 1 is adopted. The level of significance as it relates to new test 1 has
not yet been researched or discussed. (Expect October 1st to be first
reading of the ordinance).
o
Definition of Project: A few times over the last 15 years developers have
tried to avoid the more stringent TPS applied to larger projects by dividing
the project into smaller projects with less stringent requirements. The
amendment seeks to prohibit the dividing of land into smaller projects in
order to meet current Traffic Performance Standards. This is part of the
same ordinance as #4 above (Level of Significance).
Issue: It is unclear if the problem will be solved. The proposal may not be
effective and developers may be still puffing the same amount of trips on
the road as two smaller projects would, if they sell the land to someone
else. Also, apparently, some cities are encouraging larger planned unit
development projects that may be affected.
Moratorium/Zoning in Proqress: The County had considered a
moratorium or a "zoning in progress" approach while the new Traffic
Performance Standards ordinances are being considered. The County
originally discussed having a moratorium and/or zoning in progress
approaches effective within cities. There was a discussion at the August
22, 2002 County Commission meeting on this topic wherein certain legal
impediments were discussed. As a result, this may no longer be an issue.
Some of or all of the above items may be addressed at the following upcoming
meetings.
1) September ~th _ Meeting of the League's Transportation
Performance Standards Committee.
2)
September 12th - Meeting of the League of Cities Board of
Directors, to be held at City Hall, Town of Hypoluxo, 7580 S. Federal
Highway, Hypoluxo, FL. Time - 10:00 a.m.
September 5, 2002
Page 4
3)
September 24th - County Commission Workshop Meeting. Final
decision on the Corridor Master Plan language to be made at the
Board of County Commission workshop meeting to be held 10:30
a.m., County Commission Chambers.
4)
September 25th - Palm Beach County League of Cities meeting in
Palm Beach Gardens, to be held at Palm Beach Gardens City Hall
Complex, 10500 N. Military Trail, Palm Beach Gardens, FL
9:30 - Mayor's meeting.
10:30 - League meeting.
1:00 -Policy Summit Workshop (annexation, etc.)
5)
October 15 and 16 - Traffic Summit. To be held at the Clayton
Hudson Auditorium (behind Mounts Botanical Gardens on Military
Trail, West Palm Beach). Time to be determined.
You are invited to attend any or all meetings. Please call if you have any
questions or need further information.
Please place this matter on the workshop agenda for September 10, 2002 for
discussion and direction.
SAR:~
CC:
Barbara Garito, City Clerk
Paul Dorling, Planning Director
Attachments
[fly [l l, l Y BEI [#
DELRAY BEACH
~ 100 N W 1st AVENUE
AII-AmedcaCity
1993
2001 TO: David T. Harden
City Manager
DELRAY BEACH, FLORIDA 33444
FROM:
DATE:
Robert A. Barcinski
Assistant City Manager
September 5, 2003
SUBJECT:
Agenda Item City Commission Workshop September 10, 2002
First Night 2003
561/243-7000
We have met several times over the last 3-4 months with Bill Wood, Joe Gillie, Marjorie
Ferrer and Lula Butler to discuss administration and financing for the First Night event.
We all agreed that this event is a very worthwhile event that is beneficial to the
community. We feel that the event should continue, and be family oriented with an
emphasis on the arts as required. We also agreed that the event should include varied
activities, but be kept simple with a budget of around $50,000 to $60,000.
However, it was very clear in our discussions that the City, Chamber of Commerce and
Old School Square did not have the in-house staff capacity to coordinate and administer
the event. In addition, neither the Chamber of Commerce nor Old School Square feel
that they are in a financial position to take on the financial risk of the event.
The City is being requested to take a leadership role for this event. With assistance from
the Chamber of Commerce through the Joint Venture staff and from Old School Square.
We are being asked to hire an independent contractor to coordinate and administrate the
event, take on the financial risk and provide staff assistance for traffic control, security,
barricading, signage, EMS services and clean up as we have in the past.
Katherine Smith has agreed to serve as the Event Coordinator and the Chamber of
Commerce through Joint Venture and Old School Square has offered administrative
assistance and office space. Frank and Nilza McKinney have agreed to co-chair the event
this year and volunteer event committees are being established.
Pr~nted o~3 Recycled
THE EFFORT ALWAYS MATTERS
Subject' Agenda Item City Commtssion Workshop September 10, 2002
First Night 2003
Page #2
An outline of the duties and responsibilities for the Event Coordinator as well as the
responsibilities to be assumed by the City, Joint Venture and Old School Square is
attached. Also attached is a draft copy of an independent contractor agreement.
I have also attached a copy of last years expense report for this event. I am meeting with
Marjorie Fetter and Kathy Smith on Monday (09/09/02) to prepare a draft budget for this
years event.
If City Commission is in agreement with this proposal the independent contractor
agreement as well as a tri-party agreement between the City, Chamber of Commerce, and
Old School Square would also be prepared for approval. The Annual First Night license
fee of $350 is now overdue and I am requesting authority to pay this fee.
This item is on the workshop for Commission discussion and direction.
RAB/tas
File: u. sweeney/events
Doc:Agenda Ftrst Night 2003 Event Coordinator
FIRST NIGHT 2003 SUMMARY
POSITION: FIRST NIGHT EVENT ADMINIDSTRATOR
COST: $3,000
DATES OF SERVICE: 08/15/02 - 01/15/03
Responsibilities and Duties: · Perform all administrative tasks associated with event
· Perform event planning functions and coordinate all tasks to be performed with
volunteers, City staff, Joint Venture staff, Old School Square staff, event
performers and suppliers
· Establish a volunteer base for various committees and set up and attend all
meetings
· Prepare an event schedule
Secure button sale sites and ensure collections and deposits made on a regular
basis
· Secure services of performers, vendors, suppliers
· Deposit revenue with City and present bills to the City for payment approval
· Assist City in event budgeting and accounting
· Obtain event sponsorships and in-kind assistance
· Coordinate the development of all advertising and promotional materials
· Responsible for event public relations
· Arrange for production equipment, table, chair, and tent rental
· Obtain supplies needed for programs
City Responsibility: · Hire Event Administrator
· Provide oversight for all aspects of event
· Prepare budget
· Approve all expense requests and contracts
· Deposit and keep record of all revenues
· Provide logistic support and staff support for traffic and security, EMS assistance,
barricading and sign making and installation, clean up and trash removal
· City assumes financial risk for the event
Joint Venture/Chamber of Commerce Responsibility: · Provide office space, desk, telephone, computer
· Provide planning and coordination assistance
· Assist in directing and overseeing work of event coordinator
· Obtain event volunteers and assign to required sites
Old School Square Responsibility: · Agree to sign over event license to City
· Provide space as needed for event free of charge exclusive of technical staff
charges
· Provide technical and planning assistance as needed
First Night 2002 De!faY Beach
lncome~ Expense & Budget 2001/2002
~ Budget To Date To Date (Over) Under'
I Actual Budget Budget
INCOME:
6000 Buttons ~ $5. Each 30,000 24,265 30,000 5,735
Sponsorships 7,500 18,398 7,500 (10,898)
City of Delray Beach 8,000 8,000 8,000 0
Concessions 2,000 269 2,000 1,731
T-Shirts 2,880 2,880 ~ 2,880
TOTAL INCOME 50,380 50,932 50,380 (552)
EXPENDITURES:
Production: 24,850 29,133 24,850I (4,283)
Sound/Light 8,000 8,000 8,000 0
Buttons 2,100 2,250 2,100 (150)
Event Supplies 10,000 8,521 10,000 , 1,479
Equipmem Rent 3,000 5,037 3,000 I (2,037)
Banners 1,000 1,000 1~000
A wards 500 500(412 500)
Crew Catering/Reception 250 662 250
Brochures 663 (663)
Fir~vo~ 4,000 (4,000)
Talent: 17,450 19,193 17,480 (1,743)
Musicians Fees 16,000 18,425 16,000 (2,425)
Grin Rooms Catering 250 250 250
T-Shirts 1,200 768 1,200 432
Marketing: 2,650 2,147 2,650 503
Dimct Mailing 150 150 150
Ad Development/Production 1,000 763 1,000 237
Promotion Printing 1,000 1,384. 1,000 (384)
Public Relations 250 250 250
Film/Photo 250 250 250
Overhead: " 3,175 459 3,175 2,716
L/ability & Rain Insurance 1,000 375 1,000 625
Telephones 75 i 75 75
Office Supplies 250 250 250
Meeting Expenses 100 100 100
Accounting 1,000 1,000 1,000
Mail Randling 60 (60)
Credit Card Fees 24 (24)
Guarantees 750 750 750
TOTAL EXPENDITURES 48,125 50,932 48,125 (2,807)
OF INCOME [ 2,255 0 2,255 2,255
EXCESS
OVER EXPENDITURES
INDEPENDENT CONTRACTOR AGREEMENT
THIS AGREEMENT made and entered into this ~ day of ,
2002 by and between the CITY OF DELRAY BEACH, a Florida municipal corporation,
hereinafter referred to as "City", and KATHERINE SMITH, an Independent Contractor,
hereinafter referred to as "Contractor".
WHEREAS, the parties desire to enter into an agreement to provide event
planning and administration for "First Night 2003" for the City of Delray Beach; and
WHEREAS, the City and Contractor desire to clarify and define their
responsibilities with regard to providing said event planning and administration.
NOW, THEREFORE, for and in consideration of the mutual covenants and
promises set forth herein, the parties to this Agreement do hereby agree as follows:
1. The City hereby retains the services of Contractor for the purpose of
event planning and administration for "First Night 2003". As an Independent
Contractor, Contractor is neither an officer, nor an employee of the City. Contractor
must provide a Federal Tax I.D. number if applicable, otherwise, Contractor must
provide social security number. Contractor must submit a completed W-9 form at the
time of the submission of the first invoice.
2. Term: The term of this Agreement shall begin on the date set forth above
and shall end on January 15, 2003. If the Agreement is terminated by the City, the City
shall only be responsible to compensate Contractor for fees billed up to the date of
termination.
3. Contractor's responsibilities and duties include the following:
a. Coordinate all tasks to be performed with volunteers, City staff,
Joint Venture staff, Old School Square staff, Event Performers and suppliers.
b. Recruit and establish volunteer base for various committees and
schedule and attend all meetings regarding same.
Prepare event schedule and programs.
Secure button sale sites and ensure collections and deposits made
d.
on a regular basis.
e,
f.
paid.
equipment.
Secure services of performers, vendors, and suppliers.
Deposit revenues with the City and present to the City all bills to be
Assist City with event budgeting and accounting.
Obtain event sponsorships.
Prepare all advertising and promotional materials.
Responsible for event public relations.
Arrange for equipment rental; tables, chairs, tents, and production
I. Obtain supplies needed for programs.
4. The Contractor shall be paid One Thousand five Hundred Dollars
($1,500.00) by November 15, 2002 and an additional One Thousand Five Hundred
Dollars ($1,500.00) by January 15, 2003. The total of these two (2) payments shall not
exceed the sum of Three Thousand Dollars ($3,000.00). The City shall issue a check
within thirty (30) business days after receipt of invoice in the Finance Department.
5. This Agreement does not create an employer/employee relationship
between the parties. Contractor is not entitled to any benefits paid to City employees.
It is the intent of the parties that under this Agreement, an Independent Contractor is
not an employee of the City for all purposes, including but not limited to, the application
of the Fair Labor Standards Act minimum wage and overtime payments, Federal
Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax
Act, the provisions of the Internal Revenue Code, the State Worker's Compensation
Act, and the State Unemployment Insurance Law.
6. Contractor shall be responsible for all taxes of any kind. An IRS W-2
form will not be provided. The City will provide an IRS Form 1099 required by law.
Contractor recognizes that no Federal Income Tax or Social Security will be withheld.
However, if Contractor requests in writing that Federal Income tax be withheld, the City
will deduct the Federal Income tax withheld and remit to the IRS.
7. That Contractor, for good and valuable consideration, in the amount of
Ten Dollars ($10.00) shall indemnify, save and hold harmless the City, its agents and
employees from any claim, demand, suit, loss, cost of, expense or damage which may
be asserted, claimed or recovered against or from City or City's agents or employees,
by reason of any damage to property or person, including death, sustained by any
person whomsoever, which damage is incidental to, occurs as a result of, or arises out
of the negligent or wrongful act(s) of Contractor.
(a) Nothing contained herein is intended nor shall be construed to
waive City's rights and immunities under the common law or Section 768.28, Florida
Statutes, as amended from time to time. The provisions of this Paragraph (a) shall
survive the execution, delivery and performance of this Agreement.
8. This Agreement is a personal service contract and an assignment of this
Agreement by Contractor without the written consent of the City is void.
9. Contractor shall be free to contract for similar services to be performed
for other entities or persons while under contract with the City. The provision of
services provided for herein is non-exclusive. The City may retain additional entities or
persons to perform the same or similar work, if in its sole discretion the City desires to
do so.
10. Contractor shall not discriminate on the basis of age, religion, race, sex,
marital status or handicap in performance of this Agreement.
11. All notices shall be effective when mailed to the following addresses:
Contractor address:
Katherine Smith
501 Eldorado Lane
Delray Beach, FL 33444
City address:
Robert A. Barcinski, Assistant City Manager
City of Delray Beach
100 N.W. 1 st Avenue
Delray Beach, FL 33444
12. This Agreement represents the entire understanding of the parties and
supersedes all other written or oral agreements. Modifications to this Agreement must
be made in writing and mutually agreed to by the parties.
13. Contractor understands that Contractor must comply with all applicable
laws, rules, and regulations and maintain all required qualifications to provide the
4
services provided for under this Agreement. That this Agreement shall be immediately
deemed null and void and notice of termination is not required, if, at any time during the
term of this Agreement, Contractor does not abide by all applicable laws, rules or
regulations.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on the day and year first above written.
ATTEST:
City Clerk
Approved as to Form:
CITY OF DELRAY BEACH, FLORIDA
By:
David T. Harden, City Manager
City Attorney
WITNESSES:
Print Name:
Print Name:
CONTRACTOR:
By:
Katherine Smith
Social Security No.:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this __
acknowledging),
day of
., 2002, by (name of person
who is personally known to me or who has produced
as identification.
Signature of Notary Public - State
of Florida
AGREEMENT
THIS AGREEMENT entered into this ~ day of ,2002, by
and between the CITY OF DELRAY BEACH, (hereinafter referred to as City), JOINT
VENTURE and OLD SCHOOL SQUARE, and provides as follows:
WHEREAS, the City desires to host "First Night 2003" on December 31, 2002;
and
WHEREAS, the City shall oversee the event; and
WHEREAS, Joint Venture and Old School Square shall also contribute toward
planning of the event; 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, the parties hereby agree as follows:
1. INCORPORATION OF RECITALS The above-stated recitals are
incorporated as if fully set forth herein.
2. Term. This Agreement shall begin on the date set forth above and shall
end on January 15, 2003.
3. Responsibilities and duties of the City include the following:
Provide oversight for all aspects of event.
Prepare budget.
Review all expense requests and contracts.
Deposit and keep a record of all revenues.
assistance.
f.
Provide logistic support and staffing for traffic, security and EMS
Provide barricades, signs, and installation of same.
g. Provide clean-up and trash removal.
h. Provide $10,000.00 contribution.
4. Responsibilities and duties of Joint Venture include the following:
a. Provide office space, desk, telephone, and computer.
b. Provide planning and coordination assistance.
c. Assist in directing and overseeing work of event administrator.
d. Obtain volunteers and make event assignments.
5. Responsibilities and duties of Old School Square include the following:
a. Agree to sign over event license to City.
b. Provide space as needed free of charge.
c. Provide technical and planning assistance.
6. NOTICES.
Any notices submitted or required by this Agreement shall be sent by registered
or certified mail and addressed to the parties as follows:
To the City:
To Joint Venture:
To Old School Square:
David Harden, City Manager
City of Delray Beach
100 N.W. 1 st Avenue
Delray Beach, Florida 33444
Marjorie Ferrer
64-A S.E. Fifth Avenue
Delray Beach, FL 33483
Old School Square, Inc.
51 North Swinton Avenue
Delray Beach, FL 33444
or to such other addresses as either party may designate in writing.
7. INTERPRETATION,
This Agreement constitutes the entire Agreement between the parties with
respect to subject matter hereof and supersedes all prior verbal or written agreements
between the parties with respect thereto. This Agreement may be amended only by
written document, properly authorized, executed and delivered by both parties hereto.
This Agreement shall be interpreted as a whole unit and section headings are for
convenience only. All interpretations shall be governed by laws of the State of Flodda.
Waiver of any breach shall not constitute waiver of any other breach. Invalidation of any
portion of this Agreement shall not automatically invalidate the entire Agreement.
8. Indemnification. Joint Venture and Old School Square, each, for good
and valuable consideration, in the amount of ten dollars ($10.00) each, agrees to
defend, indemnify, and hold harmless the City, its agents, officers, employees and
servants against any and all liability, suits, causes of action or any claim whatsoever
made, and any direct or indirect damages, including attorney's fees and costs at trial
and appellate levels, which may result from the in connection with holding the "First
Night 2003" festival including without limitation, damage to City property (real and
personal), personal injury to any party participating in or as a spectator of any activity
sponsored by Joint Venture and Old School Square and City, any personal injury to
any employee, agent or officer of Joint Venture and Old School Square and City or
personal injury to any bystander.
(a) Nothing contained herein is intended nor shall be construed to
waive City's rights and immunities under the common law or Section 768.28, Florida
Statutes, as amended from time to time. The provisions of this Paragraph (a) shall
survive the execution, delivery and performance of this Agreement.
9. Insurance.
a. Commercial Liability Insurance. Joint Venture and Old School
Square shall each obtain a Commercial Liability Policy in the amount of one
million dollars ($1,000,000) for each occurrence. This policy shall include but not
be limited to coverage for personal injuries to any person arising out of
participation in or as a spectator of any athletic event, or any personal injury
caused in whole or in part by the condition of any facility or premises and
coverage for damage to any City facility, equipment or property.
b. Worker's Compensation Insurance. Joint Venture and Old
School Square shall each maintain workers compensation coverage, if required
by law, in an amount equal to the statutory limits of employer's liability.
c. Additional Insured. The insurance policy obtained by Joint
Venture and Old School Square shall list the City as an additional insured.
11. Restoration. Joint Venture and/or Old School Square agree to restore
City facilities, property and equipment to the same condition as it existed on the date
preceding the event commencement.
12. Governing laws; venue. This agreement shall be governed by the laws
of the State of Florida. Venue for any proceeding arising out of this agreement shall be
in Palm Beach County, Florida.
13. Bindin~ 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.
14. Entire Aqreement. 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.
15. Amendments. This Agreement may not be amended, modified, altered,
or changed in any respect, except by a further agreement in writing duly executed by
each of the parties hereto.
16. 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.
IN WITNESS WHEREOF, the parties hereto have entered into this agreement
the day and year first written above.
ATTEST:
City Clerk
CITY OF DELRAY BEACH, FLORIDA
By:
David W Schmidt, Mayor
Approved as to Form:
CITY Attorney
WITNESS
(Print or Type Name)
STATE OF FLORIDA
COUNTY OF
JOINT VENTURE
By:
Print Name:
Title:
(SEAL)
The foregoing instrument was acknowledged before me this day of
,2002 by (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 as identification.
Signature of Notary Public-
State of Florida
WITNESS
(Print or Type Name)
OLD SCHOOL SQUARE, INC.
By:
Print Name:
Title:
(SEAL)
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
,2002 by (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 as identification.
Signature of Notary Public-
State of Florida