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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 MWR:jma \ ICHll\.lAIN'SHRD AT A IPlanning'SHAREDI WPIPROIECTSIDOLPHIN REST AURANTlDeveLopment Order Letter.doc 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.., ~. ~ 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 MWR/nl J:ISHRDATAlPlANNINGISHAREOIWP\PROJECTS\OOLPHIN RESTAURANnCONDITIONS OF APPROVAL P&D 7.15.DOC .~_.~-_._------- -~-- ----------------.. - "< (/> j{,~ .t\lt~ oJ \; V' · 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. ! : , I , I I Ii , I , ' ATTEST: I! '!. ttf-7d'a~ ~"u , : Ci Clerk : \\\\\\\11111/111111 I ~"\\O'<NTOAt'II~ I ~,~ ...-. .Lt.~ . ~<<...~OR.4.... Q'~ ~ Ii (c~ery~sea~\"O~ Ii =;,IS -= I' 5:ca~~a ~~ .... ~ ! ~ to- ~ ~.I.1/, J::'LOf\\Q ~,~ "1/1111111 1\\\\\\\\'\ II I I LORIDA ~ 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 BY:~/~ ........ ..:~\.,~'Ty a... . Deputy Clerk ...f.....r'........'04-... .~ . ;.r~ + .. fo ~, .. . .. ~ ~ '" \)\ .. :~: COUNTY : \~~ : . ~, . ~ . ~ ~~~._. .. .. . - .. - -. .. . .- ...... .. . . -. ... .- ATTEST: .......... . 9 , \ I . By:~~~-~<:~' . J ~... TI~le ..~~ r . ...' .) >. . .. ('. '. ) ,; ..1 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 )~// ! ;:'7.L l I . I 1/ j''-' ' <I>../{,,,,,: ~'....ill~...'~ ~l,.I,.o"'" APPROVED AS TO FORM c,n ~ncf",EY AND LEGAL SUFFICIENCY By ~tr;):~. - h:\contrt97,bb 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 10 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