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10-01-56SpMtg 0CTOBEi{ 1st. 1956 A Special Meeting of the City Commission of the City of Delray Beach, was held in the Co~mission Chambers at 4:00 with Mayor Mike Yargates in the Chair, City Manager W. E. Lawson Jr., City Attorney John H. Adams and the following Conmlission Members, Commissioner Catherine E. Strong, and Commissioners W. J. Snow and ~ioward Lee Cromer being present. Mayor Yargates called the meeting to order and invited the Belray Beach Playhouse Board of ~irectors, present, to sit at the Commission table for a discussion concerning the desire of the Playhouse Group to lease City owned land for a Theatre site. Board Members aobert F. Blake, Mrs. P. L. Weeks and Messrs. Woolbright, Freeland and Frazer gathered with the Commission and }Ir. Blake, speaking for the directorate, outlined the Board's proposal indicating early construction of a building with an approximate cost of $30,000 with provisions For additional construc- tion when funds are available. A general discussion followed with gommissioner Strong being particularly desirous of an understanding that the building should be available for other uses when not in use by the Theatre Group, as well as provision being made for periodic audits. Mr. Blake stated that the maintenance fund should be augmented by revenues derived from rentals to other organizations and that the Board o£ Directors would assure at least six ~6) plays per year~ Mayor Yargates favored 50~ of ~entals Revenue should go into the ~uilding Fund for term of the lease as well as all profits from the over-all operation. Commissioner Cromer recommended that the Playhouse Board of Directors be responsible For lease agreements covering rentals o£ the building for periods not to exceed thirty ~30) days and that the City Commission pass ~pon all applications For ~entals For periods to exceed 30 days until such procedure is rescinded. Following Further discussion with the Board Piembers as to their plans For the Future, the Commission unanimously agreed to leasing the City owned land in question) namely south of S.E. 10th Street between S'ly.extensions of S.L. 4th and 5th Avenues, for a period o£ ten (10) years with option to renew For 10 years - the 1st five years to be rent Free, the 2nd five year period being subject to a rental charge equal to one half normal taxation of the property and the Final 10 years suoject to full taxation, the PlayhoUse Group to have first refusal in the event said property were offered for sale; The City Attorney was instructed to prepat-e proper lease agreements incorporating the proposals and assurances of the Board of Directors and the terms hereby agreed upon and construction to co~unence not later than July 1st, 1957. The Seagate Cabana Club matter was then discussed by the Commission f'ollowing presentatio,.~, ,~f' Further protests by Att'y. iihea Whitley, on behalf of property owners to the south of the Club, concerning alterations of the south end of the Club building which the Attorney believed to be in violation of the Building Zoning Code. Mr. Stuart Ploore, accompanied by Architect ~'ir. Deutch~uan, expressed the belief that the enclosed area in question wo,~ld be far more Favorable and acceptable to outside interests than the original designed open patio. Att'y. Whitley reiterated his previous reference to the vi',~lat- inn of Section 14, City Oode, as w~ll as the interpretation of the ori._,;inal recommendation of the planning/Zoning Doard concerning the initial request of Sea-iiay, lnc., to re-model the Club. 182 OCTOt]I~( 1st, 1956 Hr. ~'~oore assured Att'y. ~hitley that never had there been any thought of violating terms and conditions of the original building permit granted for limited Club construction alterations and further assured the Commission that no further non-conforming alterations or expansions would be considered or requested nor encroaclrnent on the open area to the south o£ the Club building. Commissioner Cromer then moved that Sea-tiay, ~nc., be granted the privilege of completing the alterations in accordance with building permit referred to herein in view of assurances agreed upo~l by Pir. Stuart ~oore, on behalf of Sea-Ray~, as stated in the preceding paragraph, and further subject to Sea-Ray, Inc. requesting no change nor consideration of Bulkhead line location for at least eight ~$) months. }lotion was seconded by Commissioner Strong and unanimously carried. The City Attorney was instructed to prepare an agreement incorporating the assurances of ~lr. Pioore, on behalf of Sea-ilay, Inc., as stated herein, a~d agr~eed to by the City ~ommission. in response to the plea of }irs. Lora ~ritt, on behalf of the Press and various civic minded individuals, the Commission unanimously agreed, on the motion of Commissioner Snow, seconded' by Commissioner ~trong, to clmnge the starting tinge of future Commission Heetings to 7:30 P.N., beginning ~onday, Uctober 8th, 1956. City }tanager W.E. "awson Jr., presented a revised Plat of ~{io Del Hey Shores, as submitted by i~*essrs. John A., and John C. Hitchell~ owners of the property. Commissioner ~now moved that this Plat of l(io Del i{ey 5bores be referred to the Planning/Zoning Board for its recommendation. ~otion ~as seconded by Commissioner Strong and unanimously carried. City Attorney John H. Adams informed the Co~nnission of the time element concerning a ~1,000,000. Bond issue relative to the S.P.B. County ~ark District project and upon motion of Commissioner Strong, seconded by Commissioner Snow and unanimously agreed upon w~.s instructed to proceed to New York for consultation ~ith the Bonding Attorneys in order that preliminary proceedings could be taken in support of a necessary referendum relative there%o. Nee ting ad journeq. /S/ H.D. Worth:lng City Clerk APPitOVED: MAYOR