LEGAL APPROVAL
DEPARTMENT OF DEVELOPMENT
Division of Planning and Zoning
Building
Planning & Zoning
Engineering
Occupational License
Community Redevelopment
July 30, 1999
Doug McIntee
Intercontinental Construction Company
1160 NW Madrid Way
Boca Raton, FL 33433
Dear Mr. McIntee:
Re:
File No.:
Location:
The Dolphin Restaurant
Major Site Plan Modification 99-002
115 South Federal Highway
Dear Mr. McIntee:
Enclosed is the City of Boynton Beach Development Order for major site plan modification
granted on July 20, 1999.
To continue this project through the development process, please submit to this office a rectified
plan (a site plan revised to incorporate all applicable conditions of approval).
Should you have any questions regarding this matter, please feel free to contact this office at
(561)742-6260.
Sincerely,
tLL 2-
Michael \V. Rumpf
Director of Planning & Zoning
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America's Gateway to the Gulfstream
100 East Boynton Beach Blvd.. P.O. Box 310 Boy'nton Beach. Florida 33425-0310 Phone: (561) 375-6260 FAX: (561) 375-6259
DEVELOPM
cr
T ORDER OF THE CITY COMMI~-'ON OF THE
. OF BOYNTON BEACH, FLORIa..,
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PROJECT NAME: The Dolphin Restaurant
APPLICANT'S AGENT: Doug Mcintee, Intercontinental Construction Company
APPLICANT'S ADDRESS: 115 S. Federal Highway
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 20,1999
TYPE OF RELIEF SOUGHT: Major Site Plan Modification
LOCATION OF PROPERTY: 115 S. Federal Highway
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
lHAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "Cn with notation "Included".
4. The Applicant's application for relief is hereby
l GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7.
Other
N.o t-l e_
DATED: 7-,p,3-Q'1 &1:. >no p~
be City Clerk
J:ISHRDATAIPlannrngISHAREDIWPIPROJECTSIDOLPHIN RESTAURANl\Develop CC 7-2~t
EXHIBIT "C"
Conditions of Approval
Project name: The Dolphin Restaurant
File number: MSPM 99-002
Reference: The Dolphin Restaurant, Maior Site Plan Modification, File # MSPM99-002, Planning and Zoning
date stamoed 6-15-99
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments:
X
1. Waste removal in connection with construction process must be serviced
by the City of Boynton Beach. Place note on dumpster detail to indicate
same.
X
2. As per section 10-25 in the City Code, free dumping access to containers
at all times shall be provided by the user.
X
3. Applicant must delineate path of truck using dotted lines showing
entrance to facility and to the dumpster as well as exit.
UTILITIES
Comments:
X
4. Fire flow calculations will be required demonstrating the City Code
requirement of 1500 g.p.m. as stated in LOR chap. 6, Art. IV, Sec. .
16, or the requirement imposed by insurance underwriters, whichever
is greater. (see Sec. 26r16(a)). Please submit these calculations with
your building permit submittal.
X
5. Water and sewer lines to be owned and operated by the City shall be
included within utility easements. Please show all proposed easements
on the engineering drawings, using a minimum width of 12 feet. The
easements shall be dedicated via separate instrument to the City as stated
in Sec. 26-33(a) of the Code.
X
6. This office will not require surety for installation of the water and
sewer utilities, on condition that the systems be fully completed, and
given to the City before the first permanent meter is set. Note that
setting of a permanent water meter is a prerequisite to obtaining the
certificate of occupancy.
X
7. It appears the existing water meter will be providing water service to the
existing and proposed building. Please provide calculations
indicating that the meter is sufficiently sized for the intended use.
Page 2
File Name: The Dolphin Restaurc.
File No.: MSPM 99-002
DEPARTMENTS INCLUDE REJECT
X
8. Appropriate backflow preventers will be required on the domestic water
service to all buildings, and the fire sprinkler line if there is one, in
accordance with Sec. 26-207.
X
9. A building permit for this project shall not be issued until this office has
approved the plans for the water and/or sewer improvements
required to serve the project. (Sec. 26- I 5)
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
X
10. All plans submitted for specific permits shall meet the City's code
requirements at time of application. These permits include, but are not
limited to the following: site lighting, paving, drainage, curbing,
landscaping and irrigation. Permits required from other permitting
agencies, such as FDOT, PBC, SFWMD, DERM, L WDD, DEP and any
others, shall be included with your permit request.
X
11. Correct the color of the handicap symbol and the stripes within the
accessible path.
X
12. Provide an Engineer's certification that the drainage system will conform
with all City rules, regulations and codes. [LOR Chapter 4, Section 7.F.]
X
13. On the Paving and Drainage Plans show all necessary traffic control
devices such as stop bars, stop signs, double yellow lane separator
stripes, directional arrows and Do Not Enter signs. [LOR Chapter 4,
Section 7.B.]
X
14. Provide specifications for those areas of new paving on the Paving Plan
and indicate whether the existing paving will receive an overlay.
X
15. Indicate that Type "D" curb will be installed around all landscaped
islands.
BUILDING DIVISION
Page 3
File N.~me: The Dolphin Restaurar
File No.: MSPM 99-002
DEPARTMENTS
INCLUDE REJECT
Comments:
16. Add to the floor plan and site plan a labeled symbol that represents the
location of the accessible entrance door to the facility.
17. Add to the floor plan and site plan a labeled symbol that represents the
location and path of the accessible route that is required from the
accessible parking space(s) to the accessible entrance door of the
building. Place a note on the drawing, next to the symbol, indicating that
the accessible route is in compliance with Section 4.3 (Accessible Route)
and 4.6 (Parking and Passenger Loading Zones) of the Florida
Accessibility Code for Building Construction. Also, show and identify
the width and type of material proposed for the route through its entire
length.
18. To determine what impact the proposed construction will have on the
existing facility, a survey of the subject property is required. Additional
comments may be generated following the submittal of a current survey.
19. To determine what impact the proposed new improvements will have on
the existing facility, add the below listed information to the Project Info
chart found on sheet S 1 :
a. Identify the total number of seats that are currently licensed at the
existing facility.
Indicate the use of the existing and new square footage. Also, identify
the classification of the bar/grill (restaurant) - is it a high turnover sit
down restaurant or quality restaurant? Identify the total number of new
seats.
20. Add a drawing that identifies and shows the location of all seating.
Chronologically number all seats.
21. Indicate and show on the site plan and floor plan drawing the use of the
covered patio area. If there are seats proposed for the patio area show
them on the plans.
22. Within the footprint of the new and existing building that is shown on the
site plan (sheet S 1) and the proposed floor plan drawing, identify the
proposed finish floor elevation (N.G.V.D.). Add to the Project Info
found on sheet S 1 the flood zone that the building is located within
including, where applicable, base flood elevation. If there is no base
flood elevation, indicate that on the plans. Also, add to the Project Info
data, notes and computations that will verify the proposed finish floor
elevation is in compliance with the minimum elevation required by the
Flood Zone and verify that the proposed finish floor is six inches or more
above the crown of the abutting right(s)-of-way.
---~---
x
x
x
x
x
x
x
Page 4
File Name: The Dolphin Restaur
File No.: MSPM 99-002
DEPARTMENTS INCLUDE REJECT
X
23. Considering that the request did not include a site sign place the
following note on the site plan: "Site signage is not approved for this
project. Separate site plan review and approval is required for site
signage."
X
24. To verify that the size of the proposed wall sign is in compliance with
the limitations of the Sign Code identify the length of the wall where the
wall sign is mounted. Identify the total sign area including providing
computations that verify the sign area is in compliance with the
limitations of the Sign Code. Drawings of the signage shall comply with
the applicable regulations specified in the Sign Code (Chapter 21 of the
Land Development Regulations).
X
25. Site lighting specifications are reviewed at time of permit review.
Therefore, amend the note found on sheet S5 to indicate that the lighting
plan is showing type and height of pole, type of fixture and proposed
location of pole and fixtures only. Also, include with the note text that
indicates the other lighting specifications listed within the lighting notes
will be evaluated for consistency with code regulations at time of permit
revIew.
26. Compliance with the building codes will be evaluated at time of permit
review. The permit fee, water and sewer facility fees, county fees and
state fees will be determined at time of permit review.
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments:
X
27. All plans shall be signed and sealed at the time of submittal.
X
28. Include in the tabular data the following information:
a) Building height (Chapter 2, Section 6, Paragraph E4)
b) Setback requirements in tabular form
c) Zoning and land use designations
d) Correct the legal description plat information to match survey.
-----~-~~---------~
Page 5
File Name: The Dolphin Restaura
File No.: MSPM 99-002
DEPARTMENTS INCLUDE REJECT
X
29. Provide a handicapped accessible walk from the building entry to the
handicapped accessible parking spaces. (Chapter 9, Section 10,
Paragraph B) and (Chapter 23)
X
30. Provide a dimensioned sign detail showing materials, colors and method
of lighting. Staff recommends that the sign design shall incorporate
historical style lighting uplit or down lit fixtures which will also be
recommended as an architectural enhancement feature for the historical
buildings of the Ocean Avenue 500 Block revitalization project. Staff
also suggests the application of an architectural banding element that
promotes a greater differentiation between the parapet wall and the wall
sign face. (Chapter 9, Section 10, Paragraph H), (Chapter 21, Article
IV, Section 6, Paragraph B & C)
X
31. On the site plan provide setback dimensions on the buildings. (Chapter
4, Section 7, Paragraph B)
X
32. Provide safe site triangles on the site plan and the landscape
plan.(Chapter 7.5, Article II, Paragraph HI)
X
33. All parking spaces shall remain unrestricted and open to the general
public since the Central Business District 50% parking reduction is
utiJ ized.
X
34. On the site plan and landscape plan label and dimension all required
landscape buffers. (Chapter 7.5, Section 5, Article II, Paragraph D)
X
35. Amend plant list to include 50% native shrub material. Provide proper
documentation to confirm compliance.
X
36. Label and dimension overall height ofbuiJdings on the elevation plan.
X
37. On the building elevation plan, include all exterior colors and materials,
and submit samples and colored elevations.
X
38. Prior to building permit, provide a traffic study for the proposed
expansion for County review and approval.
X
39. Show minimum width of interior islands to be 5 feet, and minimum area
to be 25 square feet. Show calculation of required interior green space,
and amount provided. You may reduce requirement to 10 square feet if
one shade tree is installed per 4 interior spaces. (Chapter 7.5 Article III
Section 8.A.2)
X
40. Provide samples of colors and materials for the project.
.~_._--------
Page 6
File Name: The Dolphin Restaura
File No.: MSPM 99-002
DEPARTMENTS INCLUDE REJECT
X
41. Identify the western limits of the project. Label which parcels are not
included in this project.
X
42. Provide windows and architectural details identical to those on the front
fac;ade to break up the plain fac;ade as currently proposed along S.E. 1 st
Street.
X
43. Enhance the entrance to the front porch from the south end of the porch
coordinating it with the pedestrian enhancements recommended in the
"Dolphin Square" conceptual plan.
X
44. Per redevelopment plan design guidelines, site lighting should be
consistent with planned lighting for Ocean A venue, and sign should be
externally lit with consistent upward or down cast light fixtures.
Redesign columns to increase classical style appearance (staff will work
with applicant to achieve this style. Add defined cornice and moldings
similar to cornice design existing on the traditional buildings along
Ocean A venue. Add building address to front fac;ade in compatible font
and text size.
45. Submit rectified plans, including site plan and elevations (all views) x
drawings showing compliance with all conditions stated herein.
46. To increase the historic appearance of the existing restaurant and X
proposed expansion, and to improve compatibility with 500 block
buildings,
a) raise up front parapet and colums 18" to 24" (both existing and
proposed portion of building), and wrap parapet around entire
project.
b) Increase height of parapet behind sign approximately 18" above
greater parapet to interrupt continuous plane of the roof line and
match the 500 block building.
c) Add decorative cornice along entire perimeter parapet (both
existing and proposed), similar to that proposed for the 500
block.
d) Windows (including on south side) shall match windows
proposed for front fac;ade.
e) Raise rear parapet and cornice, similar to recommendation for
front fac;ade. Existing and proposed parapet should be similar in
height.
f) Add columns on all sides similar to front fac;ade (approximately
eight (8) along rear fac;ade, beginning with column at each end).
Awning on existing building should be broken up or enhanced
by similarly designed columns.
g) Windows on south side should also match front.
h) Standing seam roof addition shall be replaced with continuous
parapet and cornice.
Page '7
File Name: The Dolphin Restaur'
File No.: MSPM 99-002
DEP ARTMENTS INCLUDE REJECT
ADDITIONAL PLANNING AND DEVELOPMENT BOARD COMMENTS
47. Provide a dimensioned sign detail showing materials, colors and method
of lighting. Staff recommends that the sign design shall incorporate X
historical style-lighting uplit or down lit fixtures which will also be
recommended as an architectural enhancement feature for the historical
buildings of the Ocean Avenue 500 Block revitalization project. Staff
also suggests the application of an architectural banding element that
promotes a greater differentiation between the parapet wall and the wall
sign face. (Chapter 9, Section 10, Paragraph H), (Chapter 21, Article
IV, Section 6, Paragraph B & C)
48. To increase the historic aooearance of the existinlZ restaurant and X
proposed expansion. and to improve compatibilitv with 500 block
buildings.
a) raise up front parapet and columns 18" to 24"
b) Increase height of parapet behind sign approximately 18" above greater
parapet to interrupt continuous plane of the roof line and match the 500
block building.
c) Add decorative cornice along front similar to that proposed for the 500
block.
d) Windows shall match windows proposed for front fatyade.
e) Raise rear parapet and cornice, similar to recommendation for front fa~ade.
f) Awning on existing building should be broken up or enhanced by similarly
designed columns.
g) Standing seam roof addition shall be replaced with continuous parapet and
cornice.
h) One-half column shall be used where space is inadequate for full column.
i) Sign colors and design shall be compatible with building colorl design and
subject to staff approval of final shop drawings.
ADDITIONAL CITY COMMISSION BOARD COMMENTS NONe..
49. To be determined
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RESOLUTION NO. R98-/,9
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A PALM
BEACH COUNTY DEVELOPMENT REGIONS
COMPETITIVE GRANT AGREEMENT BETWEEN THE
CITY OF BOYNTON BEACH AND PALM BEACH
COUNTY, BY AND THROUGH ITS BOARD OF
COUNTY COMMISSIONERS IN REFERENCE TO THE
REDEVELOPMENT AND REVITALIZATION OF THE
DOWNTOWN REGION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the it is the policy of the County to stimulate and
encourage economic growth in Palm Beach County; and
I
I'
,
. :
WHEREAS, the Board of County Commissioners has determined that
I providing assistance and support within development regions is essential to a
:: stronger, more balanced, and stable economy in Palm Beach County; and
, I
,
WHEREAS, the City Commission of the City of Boynton, upon
I i recommendation of staff, deems it to be in the best interests of the residents and
II
,I
; !
:: citizens of the City of Boynton Beach to enter into a Palm Beach County
Development Regions Competitive Grant Agreement;
. I NOW, THEREFORE, BE IT RESOL VEO BY THE CITY COMMISSION OF
.: THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
I
I
I
I Section 1. Each Whereas clause set forth above is true and correct and
': incorporated herein by this reference.
Section 2. The City Commission of the City of Boynton Beach, Florida
does hereby authorize the Mayor and City Clerk to execute a Palm Beach County
, Development Regions Competitive Grant Agreement, which Agreement is attached
. hereto as Exhibit "A", for the following project:
The Dolphin Plaza, located at 115 South Federal Highway,
Boynton Beach, Florida, in the amount of $83,000
Section 3. That this Resolution shall become effective immediately upon
passage.
PASSED AND ADOPTED this ~Cl day of January, 1998.
! :
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, ' ATTEST:
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: Ci Clerk
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R98 275 0
PALM BEACH COUNTY DEVELOPMENT REGIONS
COMPETITIVE GRANT AGREEMENT
FEB 2 4 \993
THIS AGREEMENT is made as of , by and between Palm Beach
County, a political subdivision of the State of Florida, by and through its Board of
County Commissioners, hereinafter referred to as COUNTY, and the City of Bovnton
Beach, a public body corporate and politic, duly created and operated pursuant to
Chapter 163, Florida Statutes, hereinafter referred to as GRANTEE,
WIT N E SSE T H:
WHEREAS, it is the policy of the COUNTY to stimulate and encourage economic
growth in Palm Beach County; and
WHEREAS, the Board of County Commissioners has determined that providing
assistance and support within development regions is essential to a stronger, more
balanced, and stable economy in Palm Beach County; and
WHEREAS, GRANTEE wishes to provide SL:crr assistance and support by
participating in the redevelopment and revitalization of a development region within
GRANTEE'S geographic boundaries; and
WHEREAS, the Board of County Commissioners has determined that the
GRANTEE is best able to provide such assistance and support, as set forth by the
terms of this Agreement; and
WHEREAS, the Board of County Commissioners has determined that it is in the
public's best interests to award a grant to the GRANTEE pursuant to the terms of this
Agreement.
NOW, THEREFORE, in consideration of the premises and mutual covenarts
hereinafter contained, the parties do agree as follows:
1. GRANTEE'S PERFORMANCE OBLIGATIONS
A. By entering into this Agreement, GRANTEE agrees that it will contract
with one or more qualified entities to perform certain redevelopment ~
activities as more specifically set forth in Exhibit A to this Agreement,
attached hereto and incorporated herein by reference. GRANTEE agrees
that the redevelopment activities contemplated by this Agreement wil! be
completed in accordance with the ter"'lS of this Agreement. GRANTEE
agrees that it is solely liable to COUNTY for performance under thIs
Agreement, and that, in the event of default. GRANTEE will, as more
specifically set forth herein, refund to COUNTY the Grant Award,
GRANTEE hereby certifies that it is authorized by law to be so bound.
B. GRANTEE hereby certifies that it has or will retain adequate staff to
oversee execution of its performance obligations under this Agreement.
and that execution of each of these performance obligations is consistent
with GRANTEE's mission.
C. Upon satisfaction of conditions set forth herein. COUNTY shall pay
GRANTEE a grant award of $83.000 (the "Grant Award"), As a condition
to retaining the Grant Award, the GRANTEE shall cause, as a direct result
of the activities set forth in Exhibit A to this Agreement, the creation of at
least eight (8) full-time jobs in Palm Beach County within thirty six (36)
months subsequent to the Effective Date of this Agreement. In the event
the GRANTEE fails to create all of the aforementioned jobs, GRANTEE
shall be entitled to retain such lesser amounts as may be equal to the
Grant Award per job, multiplied by the number of positions created
pursuant to this Agreement. In accordance with the provisions of
paragraph I.E. hereinbelow, the number, dates and salaries of all hires in
Palm Beach County must be substantiated by GRANTEE, to COUNTY's
satisfaction, within thirty eight (38) months subsequent to the Effective
Date of this Agreement. For the purposes of this Agreement. the term
salary means wages, gratuities. salaries, commissions, bonuses, drawing
accounts (against future earnings), prizes and awards (if given by an
employer for the status of employment), vacation pay, sick pay, and other
payments consistent with the Florida Department of Labor and
Employment Security definitions, paid to employees.
D. As a further condition to retaining all grant amounts received from
COUNTY, GRANTEE must pay such employee(s) a salary equal to or
better than the minimum wage as determined by the Department of Labor.
For the purposes hereof, a full-time iob shall mean employment for a
minimum of 2080 hours per year and a part-time job shall mean
employment for a minimum of 1040 hours per year,
E. As a further condition to retaining any Grant funds from COUNTY, the
GRANTEE shall provide to COUNTY written verification, satisfactory to
COUNTY in its sole discretion, of compliance by GRANTEE with the
terms and conditions of this Agreement. GRANTEE may provide to
COUNTY this verification at any time following satisfaction of such terms
and conditions, but not later than the expiration of the thirty eighth (38)
month subsequent to the Effective Date of this Agreement. In the event
GRANTEE fails to create the required jobs, GRANTEE agrees to refund to
COUNTY the portion of the Grant Award paid by COUNTY to GRANTEE
for each job not created within ninety (90) days from County's demand
therefore.
II. PAYMENT PROCEDURES, CONDITIONS
A. The Grant Award available under this Agreement will be provided only for
reimbursement of expenses related directly to the work as set forth on
Exhibit A, which is attached hereto and made a part hereof for all eligible
types of expenditures as set forth in Exhibit B to this Agreement. attached
hereto and made a part hereof. To be eligible for reimbursement, such
expenses must be:
1, incurred on or after November 1, 1997; ard
2. incurred not more than twenty four (24) calendar months
subsequent to the Effective Date of the Agreement;
B. Requests by GRANTEE for payment shall be accompanied by proper
documentation. For the purposes of this paragraph, originals of invoices,
receipts, or other evidence of indebtedness shall be considered proper
documentation. When original documentation cannot be presented, the
GRANTEE must adequately justify its absence, in writing, and furnish
copies thereof. In the case of invoices that have not first been paid by
GRANTEE, GRANTEE shall certify to the COUNTY that each invoice
presented for payment relates directly to work satisfactorily completed as
contemplated by this Agreement.
C. Requests for payment for costs incurred after the Effective Date of this
Agreement shall be submitted to COUNTY no later than sixty (60) days
after the date the indebtedness was incurred. Requests for payment shall
2
not be honored if received by COUNTY later than the expiration of the
twenty sixth (26) calendar month following the Effective Date of this
Agreement. If GRANTEE fails to submit any requests for payment by the
expiration of the twenty sixth (26) calendar month following the Effective
Date of this Agreement, then this Agreement shall automatically
terminate, thereby relieving the parties hereto of any obligations
hereunder.
D. GRANTEE shall immediately notify COUNTY of any material change of
circumstances at the business(es) identified on Exhibit A hereto. For the
purposes hereof, material change of circumstance shall include, but not
be limited to, the sale or transfer of more than 10% of the stock or
ownership interest in the business(es), the closing or cessation of
operation of the business(es), voluntary or involuntary bankruptcy or an
assignment for the benefit of such business(es) creditors. In the event of
a material change of circumstances, COUNTY shall have the right to
terminate this Agreement, whereupon COUNTY shall have no further
obligation to GRANTEE under this Agreement, Any Agreement entered
into between GRANTEE and such business(es) shall require such
business(es) to immediately notify GRANTEE and COUNTY of a material
change of circumstances and shall inform such business(es) of the
potential for termination of funding in the event of a material change of
circumstances. GRANTEE shall use reasonable diligence to monitor the
business(es) to insure that no material change of circumstances occur at
such business(es) which COUNTY is not informed of and shall certify to
COUNTY the absence of same at the time of any requests for payment
hereunder.
If the GRANTEE fails to comply with any of the provisions of this
Agreement. the COUNTY may withhold, temporarily or permanently. all, or
any, unpaid portion of the Grant Award upon giving written notice to
the GRANTEE, and/or terminate this Agreement and the COUNTY shall
have no further funding obligation to the GRANTEE under this Agreement
E. The GRANTEE shall repay COUNTY for all unauthorized, illegal or
unlawful expenditures of funds, including unlawful and/or unauthorized
expenditures discovered after the expiration of this Agreement The
GRANTEE shall also be liable to reimburse the COUNTY for any lost or
stolen funds.
F. In the event the GRANTEE ceases to exist, or ceases or suspends its
operation for any reason, any remaining unpaid portion of the Grant
Award shall be retained by COUNTY and COUNTY shall have no further
funding obligation to GRANTEE with regard to such unpaid funds. The
determination that the GRANTEE has ceased or suspended its operation
shall be made solely by COUNTY and GRANTEE, its successors or
assigns in interest, agrees to be bound by COUNTY's determination.
G. Any unpaid portion of the Grant Award which is to be repaid to the
COUNTY pursuant to this Agreement is to be repaid by delivering to the
COUNTY a cashier's check for the total amount due. payable to Palri1
Beach County within ninety (90) days of the COUNTY's demand.
H. The above provisions do not waive any rights of COUNTY or preclude thp
COUNTY from pursuing any other remedy which may be available to it
under law. Nothing contained herein shall act as a limitation of the
COUNTY's right to be repaid in the event the GRANTEE fails to comply
with the terms of this Agreement.
3
III. DEFAUL TITERMINA TION
A. In the event that a party fails to comply with the terms of this Agreement.
other than payment of funds then the non-defaulting party shall provide to
the defaulting party notice 0& the default and the defaulting party shall
have 30 days within which tc initiate action to correct the default and 90
days within which to cure the default to the satisfaction of the non-
defaulting party.
B. In the event that the defaulting party fails to cure the default, the non-
defaulting party shall have the right to terminate this Agreement. The
Effective Date of the termination shall be the date of the notice of
termination.
IV. REPORTING REQUIREMENTS
GRANTEE agrees to submit semi-annual reports pursuant to the format set forth
in Exhibit C, attached hereto and rT.ade a pa1 hereof. Beginning with the end of
the sixth month following the Effectrve Date Of this Agreement. these reports
shall be submitted in a manner satIsfactory to the COUNTY in its sole discretion
no later than thirty (30) days following completion of each reporting period. The
final semi-annual report shall be submitted to the COUNTY no later than the forty
eighth (48) month following the Effective Date of this Agreement. All grant
payments made pursuant to this Agreement shall be contingent on the receipt
and approval of the semi-annual reports required by this paragraph.
V. MAXIMUM GRANT AMOUNT
In no event shall the reimbursements made to GRANTEE pursuant to this
Agreement exceed the maximum total Grant Award of eighty-three thousand
dollars ($83.000).
VI. FINANCIAL ACCOUNTABILITY, REPORTS AND AUDITS
The COUNTY may have a financial system analysis and an internal fiscal control
evaluation of the GRANTEE perfomed by an independent auditing firm
employed by the COUNTY or by the County Internal Auditor at any time the
County deems necessary to determ'~e the capability of the GRANTEE to fiscally
manage the Grant Award. Upon cor;pletion of all tasks contemplated under this
Agreement, copies of all documents and records relating to this Agreement shall
be submitted to the COUNTY if requested.
VII. PERFORMANCE
The parties expressly agree that time is of the essence with regard to
performance as set forth in this Agreement and failure by GRANTEE to complete
performance within the times specified, or within a reasonable time if no time is
specified herein, shall, at the option of the COUNTY, in addition to any other of
the COUNTY'S rights or remedies, relieve the COUNTY of any obligation under
this Agreement.
VIII. INDEMNIFICATION
The GRANTEE agrees to protect, defend, reimburse, indemnify and hold the
COUNTY, its agents, its employees and elected officers and each of them, free
and harmless at all times from and againstClny and all claims, liability, expenses,
losses, costs, fines and damages, including attorney's fees, and causes of action
of every kind and character against and from COUNTY which may arise out of
~
----------. ------~--- -------
this Agreement. The GRANTEE recognizes the broad nature of this
indemnification and hold harmless clause. and volunta.1ly makes this covenant
and expressly acknowledges the receipt of good and valuable consideration
provided by the COUNTY in support of this obligation f'1 accordance with the
laws of the State of Florida. GRANTEE'S aforesaid injemnity and hold harmless
obligations, or portions or applications thereof, shall apply to the fullest extent
permitted by law but in no event shall they apply to liability caused by the
negligence or willful misconduct of the COUNTY, its respective agents, servants
employees or officers, nor shall the liability limits set forth in section 768.25.
Florida Statutes, be waived. This paragraph shall survwe the termination of the
Agreement.
IX. PUBLIC ENTITY INSURANCE REQUIREMENTS
It shall be the responsibility of the GRANTEE to providf: evidence of the following
minimum amounts of insurance coverage or legalliabliity protection:
A. The GRANTEE shall procure and maintain through the term of this
contract Worker's Compensation & Employers Uability insurance up to the
statutory limits specified by Florida Statute 440.02. Notwithstanding the
number of the employees or any other statutory provisions to the contrary
the Worker's Compensation insurance shall extend to all employees and
volunteers.
B. Without waiving the right to Sovereign Immunity as provided by Florida
State 768.28 the GRANTEE acknowledges that it is self insured under
State Sovereign Immunity Statues with coverage limits of $100,000 Per
Person and S200,000 Per Occurrence or such monetary waiver limits as
may from time to time during the term of the contract be set forth in the
State Sovereign Immunity Statues, which the COUNTY recognizes as
acceptable regarding General Liability and Automobile Liability.
C. Without waiving the right to Sovereign Immunity or any other statutory
provisions to the contrary, the GRANTEE acknowledges and agrees in the
event the COUNTY is named in any legal action as a result of acts or
omissions solely due to the GRANTEE'S performance or failure to perform
the contractual duties set forth in the terms of the contract, the GRANTEE
shall respond with all the necessary defense of tre COUNTY and provide
payment of aii judgements and costs against the COUNTY in the same
manner and to the same extent as if the COUNTY were identified as an
Additional Insured on the GRANTEE'S self-insurance program.
D. A signed Affidavit or Certificate of Insurance, evidencing that required
insurance coverages have been procured by the GRANTEE in the types
and manner required hereunder shall be transmitted to the COUNTY prior
to the GRANTEE performing any operations under the terms of the
contract. Further, said Affidavit or Certificate(s) of Insurance shall
unequivocally provide thirty (30) days written notice to the COUNTY prior
to any adverse change. cancellation. or non-renewal of coverage
thereunder, All insurance must be acceptable to and approved by the
COUNTY as to form, types of coverage and acceptability of the insurers
or self-insurance funds providing coverage. The GRANTEE
acknowledges and agrees the GRANTEE'S self-msurance program will be
Primary, and the COUNTY's self-insurance program will be Excess.
X. AVAILABILITY OF FUNDS
The COUNTY'S obligation to pay under this Agreement is contingent upon
5
annual appropriation for its purpose by the Board of County Commissioners.
XI. REMEDIES
No remedy herein conferred upon any party is intended to be exclusive O' any
other remedy, and each and every such remedy shall be cumulative and s:lall 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.
XII. CIVIL RIGHTS COMPLIANCE
The GRANTEE warrants and represents that all of its employees are trea:ed
equally during employment without regard to race color. religion. disabilitv sex,
age, national origin, ancestry, marital status, or sexual orientation and wa--ants
and represents that no person shall, on the grounds of race, color. sex. national
origin, disability, religion, ancestry, marital status, or sexual orientation be
excluded from the benefits of, or be subjected to any form of discrimination under
any activity carried out by the performance of this Agreement.
XIII. FEES, COSTS
If any legal action or other proceeding is brought for the enforcement of this
Agreement, or because of an alleged dispute. brea9h. default or
misrepresentation in connection with any provisions of this Agreement, the
successful or prevailing party or parties shall be entitled to recover reasonable
attorney's fees. court costs and all expenses (including taxes) even if not taxable
as court costs (including, without limitation. all such fees, costs and expenses
incident to appeals), incurred in such action or proceeding, in addition to any
other relief to which such party or parties may be entitled, provided, however,
that this clause pertains only to the parties to this Agreement.
XIV. SEVERABILITY
If any term or provision of this AgreerT'ent. or the application thereof to any
person or circumstances shall, to any extent be held invalid or unenforceable,
the remainder of this Agreement, or the application of such terms or prov!s:on, to
persons or circumstances other than those as to which it is held invalid or
unenforceable, shall not be affected, and every other term and provision cf this
Agreement shall be deemed valid and enforceable to the extent permitted by
law.
XV. ENTIRE AGREEMENT
The COUNTY and the GRANTEE agree that this Agreement sets forth the entire
agreement between the parties. and that there are no promises or
understandings other than those stated herein, None of the provisions, terms
and conditions contained in this Agreement may be added to, modified.
superseded or otherwise altered, except by written instrument executed by the
parties hereto.
XVI. CONSTRUCTION
No party shall be considered the author of this Agreement since the parties
hereto have participated in extensive negotiations and drafting and redrafting of
this document to arrive at a final Agreement. Thus, the terms of this Agree.'nent
shall not be strictly construed against one party as opposed to the other party
6
,----~----- ---~----- - -------------- -- -------
based upon who drafted it.
XVII. SURVIVAL
The parties warranties, agreements. covena'nts and representations set forth in
this Agreement shall not be merged and shall survive consummation of the
transaction contemplated by this Agreement.
XVIII. ASSIGNMENT
No party to this Agreement may assign this Agreement or any interest herein
without the prior written consentof the other party(s), which may be granted is
withheld at such other party(s) sole and absolute discretion
XIX. GOVERNING LAW & VENUE
This Agreement shall be governed by, construed and enforced in accordance
with, the laws of the State of Florida. Venue in any action. suit or proceeding in
connection with this Agreement shall be in Palm Beach County, Florida.
XX. BINDING EFFECT
This Agreement shall be binding upon, and shall inure to the benefit of, the
parties hereto and their respective legal representatives, successors and
assigns.
XXI. EFFECTIVE DATE OF AGREEMENT
This Agreement is expressly contingent upon the approval of the Palm Beach
County Board of County Commissioners, and shall become effective only when
signed by all parties and approved by the Palm Beach County Board of County
Commissioners (the "Effective Date").
XXII. HEADINGS
The paragraph headings or captions appearing in this Agreement are for
convenience only, are not part of this Agreement, and are not to be considered
in interpreting this Agreement.
XXIII. WAIVER
No waiver of any provision of this Agreement shall be effective against any party
hereto unless it is in writing and signed by the party(s) waiving such provision. A
written waiver shall only be effective as to the specific instance for which it is
obtained and shall not be deemed a continuing or future waiver.
XXIV. NOTICE
All notices and elections (collectively. "notices") to be given or delivered by :)r to
any party hereunder. shall be in writing and shall be (as elected by the party
giving such notice) hand delivered by messenger, courier service or Federal
Express, or alternately shall be sent by United States Certified Mail, with Return
Receipt Requested. The effective date of any notice shall be the date of delivery
of the notice if by personal delivery, courier services or Federal Express, or if
mailed, upon the date which the return receipt is signed or delivery is refused or
the notice designated by the postal authorities as non-deliverable. as the case
may be. The parties hereby designated the following addresses as the
addresses to which notices may be delivered. and delivery to such addresses
7
shall constitute binding notice given to such party:
Michael Tarlitz, Economic Development Coordinator
P.B.C. Governmental Center, 10th Floor
301 North Olive Avenue
West Palm Beach, Florida 33401
and if sent to the GRANTEE shall be mailed to (current official address):
Kerry L. Willis
City Manager
City of Boynton Beach
P.O.Box 310
Boynton Beach, Florida 33425
561-375-6010
Any party may from time to time change the address to which notice under tr's
Agreement shall be given such party, upon three (3) days prior written notice to
the other parties.
8
IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County,
Florida has made and executed this Agreement on behalf of the COUNTY and
COMPANY has hereunto set its hand the day and year above written.
ATTEST:
DOROTHY H. WILKEN, Clerk
BOARD OF COUNTY COMMISSIONERS
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PALM BEACH COUNTY, FLORIDA
BY ITS BOARD OF COUNTY
COMMISSIONERS:
BY#~
Chair R 9 8 2 7 5 0 FES 2 .1 .~
CITY OF BOYNTON BEACH, FLORIDA
BY ITS BOARD OF CITY
COMMISSIONERS:
By:
Mayor
A?PROVED ;"5 TO FCF.'.~: It
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APPROVED AS TO FORM c,n ~ncf",EY
AND LEGAL SUFFICIENCY
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9
EXHIBIT A
The Dolphin Plaza:
This project will be done in phases. The first phase involves expanding the existing
Dolphin Bar to 2.500 square feet and a new two story building for office/retail. Next a
brick courtyard with a bar and an amphitheatre wrt:h a stage will be created. An
automobile air conditioning repair shop will also be renovated and expanded, The front
of the Dolphin Plaza along South Federal Highway Will be bricked and landscaped with
a water fountain.
Number of full time jobs created
County Competitive Grant
Cfty of Boynton Beach
Businesses
52
$ 83,000
$ 195,496 local cash
$ 421.504
$ 700,000
Total cost estimate
PROJECT LOCATION:
115 South Federal Highway
Boynton Beach, Florida
Contact: Christiane Francois
561-732-7360
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EXHIBIT B
LIST OF ELIGIBLE ACTIVITIES
1. Acquisition of real property.
2. Expansion of existing property.
3. Providing payment of impact fees.
4. Facade improvement programs,
5, Construction of new buildings,
6, Renovation of eXIsting buildings,
7, Site development assistance.
11