REVIEW COMMENTS
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~pf, Michael
From:
Sent:
To:
Subject:
Rumpf, Michael
Thursday, May 24, 2001 8:38 AM
Roberts, Christine
RE. Daise Temple
Thanks Chris. I knew I was forgetting something.
I cannot say when the agreement will be executed, but I do recall that we would not do work in the parking lot but only the
R.O W Thanks, Chris
---~-Original Message-----
From: Roberts, Christine
Sent: Thursday, May 24. 2001 8:27 AM
To: Rumpf, Michael
CC: livergood, Jeffrey; Mantell, George
Subject: RE: Daise Temple
We are waiting for the use agreement before proceeding any further I am assuming the additional work to be done
will be included in the agreement, we do not want to proceed until this has all been approved since this requires us to
work on private property
The initial plan was to pour an asphalt parking lot in the City right-of-way, coming off the church building. George
would like some kind of site plan if available, if not he will meet with the representatives of the church once the
agreement is approved.
Any idea when the agreement will be approved? George tells me this job will take approximately one day to complete.
mnOriginal Message-----
From: Rumpf, Michael
sent: Wednesday, May 23, 200112:24 PM
To: Roberts, Christine
Cc: Livergood, Jeffrey
Subject: Daise Temple
You will recall that we were working on an agreement to allow them to use the adjacent unimproved right-of-way,
and that DPW was going to do some simple road improvements to minimize the hazards from the rocks and
debris. I am sorry but I do not recall where this left off I know that a large pot hole was filled in but was additional
work to be done? Or was it being held to be timed with the use agreement? I met with them again this morning to
discuss their building expansion and was asked this question. Thanks, MR.
1
~pf, Michael
Cc:
Subject:
Rumpf, Michael
Tuesday. February 27,2001 3:20 PM
DeCarlo, Dan; Weinstein, Shana; Kelley, David; Livergood. Jeffrey; Roberts, Christine; Igwe,
Nicholas
Hawkins, Wilfred
Daise Temple - Agreement for use of right-of-way
From:
Sent:
To:
Project Update:
FYI, I met briefly with church representatives today I provided them with the revised agreement for their review They will
review it and let me know if it is ok. Of more significance to them is the ability to expand their church. Right now the
church is legally nonconforming due to minimum lot size and frontage requirements (the code requires a minimum of 1
acre and 150 foot frontage for churches in residential zoning districts). They understand the limitations and I said that we'd
look at the possibilities of hardship and variances. They will drop off a copy of their survey for us to use in evaluating the
expansion scenario. I will keep you informed. Mike
1
~f, Michael
From:
Sent:
To:
Cc:
Rumpf. Michael
Wednesday, Decemoer 06, 2000 11 :54 AM
Hawkins. Wilfred
Livergood, Jeffrey; Rooerts, Christine; DeCarlo, Dan; Weinstein, Shan a; Igwe, Nicholas;
Kelley, David
Daise Temple - Agreement for use of right-of-way
Subject:
Project Update:
Pursuant to Commission directive, staff continues to work toward an agreement with the Church to allow use of the
adjacent right-of-way without an aoandonment of it. Staff met with the same three representatives from this church to
confirm their needs and to review with them the use agreement drafted oy our legal office. We confirmed that their current
need is to have a place to park in close proximity to their church ouilding. which is free of deoris that may impede safe
access to the church.
To move forward:
. the Church representatives will review with their insurance agent the insurance requirements of the draft agreement;
. Dave Kelley will draft exhibit "A" which is the property description;
. I will draft changes to the agreement for Nick's consideration in response to comments generated this morning (e.g.
agreement duration to 2 years from 1 year, allowing special events on the right-of-way pursuant to the special events
review process, referencing the continued rights of the city to the right-of-way for installation and maintenance of
infrastructure, and to state that the city will prepare for, provide and maintain an asphalt layer for parking purposes.
Once the agreement is revised. a copy will De provided to the church by Shana. Once executed by them, and once they
provide the required evidence of insurance, the document will De forwarded to the Commission.
Please let me know if you have any questions.
Mike
1
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~pf, Michael
From:
Sent:
To:
Cc:
Subject:
Roberts, Christine
Wednesday, November 15. 2000 7.18 AM
Rumpf. Michael
Livergood, Jeffrey; Mantell. George
RE. Church of God in Christ
Good Morning, Mike -
George did go out and repair the very large pot hole that was in the church's parking lot, that was done per our discussion
at the meeting. At this point I agree that we need to meet again to determine what needs to be done. You may want to do
a site visit first along with George Manteil. Let me know when you're available for a meeting and i'lI schedule on my end.
----Original Message-----
From: Rumpf, Michael
Sent: Tuesday, November 14, 2000 6:50 PM
To: Roberts, Christine; DeCarlo, Dan
Subject: Church of God in Christ
I am just inquiring to find out what the latest is with this project. You will recall that following our first meeting with them
we were to do a site visit and consider their minimal and optimal needs. I think we were going to avoid doing anything
for them on their private property due to the code requirements that should apply if we were to create a formal parking
lot. Instead, we were going to considering allowing them the use of the right-of-way for parking which would be close
to the church and therefore minimize traversing the currently rough surface. Chris, your streets man probably me with
them on site but I have not heard anything since. Also, I have received a draft agreement from Nick Igwe. Perhaps
we need to reconvene and discuss the status with them. I know that I probably dropped the ball on this one but I am
trying to get it moving again. Awaiting your responses. Thanks. MR.
1
~f, Michael
From:
Sent:
To:
Subject:
Rumpf, Michael
Friday, October 06, 2000 5:24 PM
Alfaro, Jose
Daise Temple
The email I copied you on regarding the progress report was to prepare you that I would need a legal description and
diagram for the use agreement between the church and city Please get with me when time permits. Also, let's discuss a
review procedure for variance beginning with the pre-app. Thanks, MR
PS Welcome back.
~f, Michael
From:
Sent:
To:
Cc:
Subject:
Rumpf. Michael
Friday, October 06, 2000 5:22 PM
Hawkins, Wilfred
Alfaro, Jose
Daise Temple - Detailed Update
On October 3, 2000, I organized a small staff team to meet with Rev Gibbon and other representatives of the Daise
Temple Church. This staff team was comprised of Chris Roberts and her representative from the Streets Division, Dave
Kelley from Engineering, Shana Weinstein for Dan DeCarlo, and myself
The problems felt by the church Include the unsafe path traversed by church patrons while walking between the adjacent
lot on which they park and the church (there is not sidewalk and the unimproved right-of-way contains small and large
rocks), a one-room church in need of expansion, and an improved parking area.
With respect to church expansion, due to close proximity to the nearest utility line, which also requires a safe setback for
emergency access. only about 10 feet would remain for the church expansion, which takes them just about to the property
line. One alternative would be for the church to request a variance to allow for a zero setback on the east side. For the
purposes of only the building expansion, the abandonment is practically futile.
Staff suggested that the church consider the possibility of expanding on the west side of the church if the adjacent vacant
parcel could be acquired. Staff will assist them by providing them with the owner's name and address.
Regarding safe access across the unimproved road, the DPW had already began filling the deep holes and will compact
and cover it with a finer material than what currently exists. If the right-of-way is not used for church parking, DPW would
also provide a black top path across it connecting their vacant lot used for parking and the church.
The church is requesting the approval from the city to park on the right-of-way Nick has already drafted an agreement for
this purpose and will be reviewed and forwarded for them to endorse. If executed, DPW will black top the right-of-way
DPW met with Reverend Gibbon on October 10 do nothing more than identify the areas which are currently used for
parking, and confirm the desired location of a path or black top.
The next step will be for the city to forward the agreement for use of the right-of-way A legal description and location map
will have to be prepared for attachment to the agreement. I would assume that unless Jim Cherof desires to review the
agreement prior to forwarding to the Rev Gibbon, it should go out by the end of next week.
I will keep you abreast of progress made by staff and the church.
Mike
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~pf, Michael
From:
Sent:
To:
Cc:
Subject:
Costello, Joyce
Wednesday. September 20, 2000 2:30 PM
Rumpf, Michael; Cherof, James
Lamanna, Rosemarie; Hawkins. Wilfred
Agenda Follow up
CHURCH OF GOD IN CHRIST - Agreement to be prepared to stipulate what the church will be allowed to do and
what the city is going to do.
Please start the process of meeting for the final agreement on how they can use the easement. Please keep Joyce
advised so that a report can be provided to the Commission at the next agenda preview meeting on September 28th
Thank you.
Joyce for Wilfred
1
Infill Case Studies
Page I of I
Infill Case Studies
San Jose
. San Jose uses a flexible planned unit development approach for new housing projects, no
matter how small. The "two acre rule" in the general plan says that any existing parcels of two
acres or less may have an allowed use other than what is officially designated. Certain parcels
designated residential may be developed at the next higher density range. However, the
alternative land use must be compatible with existing and planned uses on adjacent and
neighboring properties. City policy allows infill residential uses in commercially designated
areas without rezoning when certain conditions are met: 1) it site is on an arterial street, the
parcel may support from 12 to 40 units per acre; 2) if site is on a collector street, the parcel
may have from 25 to 40 residential units.
. Contact: Jim Derryberry, Deputy Director of Planning, (408) 277-5175
Concord
. Concord.To encourage and accommodate infill development, the city considers projects on
the basis of a ratio between floor area to gross land area (FAR) instead of typical density-
based zoning (units per acre). The FAR system allows an increased number of small
residences, but by limiting the total floor area, the City restricts building mass in a project. To
encourage high density infill downtown, the City has a redevelopment policy and zoning
regulations favoring residential developments of up to 100 units per acre.
. Contact: Chuck Gabrysiak or Edward Phillips, Planning Department, (415)671-3152, and
Lydia E. Duborg, Director of Urban Resources, (415) 671-3071
City of San Mateo
. City of San Mateo encourages and directs residential infill in its downtown core area through
floor area ratios (FAR), height limits, and parking requirements rather than traditional density
standards. On certain very high density sites housing may be constructed in excess of the 4 0
base FAR to a maximum of8.0 On downtown residential sites outside of the central core, a
building envelope is created from applicable setbacks, F ARs, and building heights, within
which any number of housing units may be permitted.
. Contact: Bob Brown, Planning Department, at (415) 377-3360
http://www.abag.ca.gov/planninglhousingneeds/RHNNHousingStrategiesPlan...IInfiIlCS.ht 7/23/2001
GREENSBORO, NC
(C) Conditional Use - Planned Unit Development - Infill (CU-PDI):
1) Minimum Size: No CU-PDI District shall be
approved for a site of less than one-half (0.5) acre or
greater than twenty-five (25) contiguous acres under
unified ownership or control
2) Location. A CU-PDI District shall only be approved
if it is surrounded by properties that are improved or
had previously been improved (with buildings or
structures). The district cannot be established where
the subject property or adjacent property has been in
agricultural production within the past five years.
3) Uses Allowed. A CU-PDI District allows all the uses
permitted in residential, office, and commercial
districts.
(E) Context: The height, building coverage, setbacks, and land
uses along the perimeter of all CU-PD Districts shall be in harmony
with development on adjacent lands. Such boundary treatment is
not required where the perimeter of a CU-PDR, CU-PDM, or CU-
PDI District is along the right-of-way of a railroad or street that is
already constructed or is being constructed as part of the planned
unit development. At toher locations, development in a CU-PDR or
CU-PDM District shall either provide a Type A planting yard or
comply with 1) or 2) of the following, and development in a CU-PDI
District shall comply with 3) and 4) of the following.
1) The scale and setbacks of buildings and structures
in a CU-PDR and CU-PDM District within one
hundred and fifty (150) feet of the perimeter of the
planned unit development shall be in harmony with
development on adjacent lands.
2) No commercial or industrial use in a CU-PDR or
CU-PDM District shall be permitted within one
hundred and fifty (150) feet of the perimeter of the
planned unit development unless the adjacent zoning
district permits the same or a similar use adjacent to
the perimeter at the time of zoning district approval.
3) Where a CU-PDI District is established on property
which shares a block face with property already
improved (with buildings and structures), development
within the CU-PDI shall not exceed the maximum or
minimum height, lot coverage, or setbacks set by
those improvements.
4) No nonresidential use in a CU-PDI District shall be
permitted within seventy-five (75) feet of the perimeter
of a planned unit development, unless the adjoining
zoning district permits the same or similar uses
adjacent to the perimeter
MIDDLETOWN, WI
10.94 PLANNED DEVELOPMENT DISTRICT-INFILL (PDD-I).94 PLANNED DEVELOPMENT
DISTRICT-IN FILL (POD-I). Planned Development District-Infill (POD-I) standards and
regulations have been created for the purpose of allowing flexibility to accommodate infill
and redevelopment on parcels less than 100,000 square feet. Parcels of more than 100,000
square feet should comply with the normal POD regulations. The application procedures
and review criteria for the POD-I are the same as those outlined for the basic POD District
in addition to the following provisions.
The POD-I District is referred to as an "infill" zoning regulation because it is intended to
be used in situations where new development or redevelopment is proposed within an
already developed area or neighborhood. Mixed use may be allowed to the extent that no
land use conflicts will result. It is a basic public expectation that landowners requesting
the use of the PDD-' District will develop designs that exceed the standards of the basic
use districts in terms of site design, building architecture, landscape design and
construction materials. The extent of variation or exception that will be allowed by the City
Plan Commission will be dependent on how well the above stated planning expectations
are expressed in the proposed development plan.
(1) Application Procedures(1) Application Procedures. The procedures and
requirements for applying for a POD-I zoning change are the same as those for the basic
POD rezoning request. The procedures call for a two-step submittal with approval of a
General Implementation Plan (GIP) and the subsequent submittal of a Specific
Implementation Plan (SIP). The application procedure is stated in s. 10.83 of this
Ordinance.
(2) POD-I ZoninQ Lot(2) POD-I ZoninQ Lot. The minimum zoning lot, for purpose of a
PDD-I submittal, shall include all abutting or adjacent parcels owned or otherwise
controlled by the applicant for the POD-I zoning. The zoning lot may include more than one
parcel and more than one owner For purposes of applying the criteria and standards for
POD-I zoning, the total area of the zoning lot shall be considered as one parcel regardless
of the number of parcel subdivisions that may exist.
(3) Standards and Criteria for Approval of a PDD-I(3) Standards and Criteria for Approval
of a POD-I. In addition to the criteria for approval listed in s. 10.85, the following standards
and criteria shall be used by the City Plan Commission and Common Council when acting
on a rezoning application in POD-I:
(a) Basic Standards
Maximum Impervious surface ratio: .50 Residential
.70 Non-residential and mixed use
developments
Maximum Floor Area Ratio: 70
Minimum required usable open space per dwelling unit: 100 SFIDU
(4) Additional Standards(4} Additional Standards. (a) Screening and requirements for
bufferyards will be emphasized in plan reviews. Such screening should be intended to
shield neighboring properties from any adverse external effects of the proposed
developments. Screening and bufferyards should also be used to shield the proposed
development from the negative impacts of adjacent uses, such as streets, industrial uses,
etc. Special emphasis should be placed on screening the intrusion of automobile
headlights on neighboring properties from parking areas and driveways.
(b) Pedestrian circulation should be carefully planned so as to prevent pedestrian use of
vehicular ways and parking spaces. In all cases, pedestrian access shall be provided to
public walkways.
(c) The usable open space required for residential development projects and mixed use
residential projects shall be designed for use of each individual dwelling unit or shall be
located and designed to be of utility to every dwelling unit proposed. This required usable
open space shall be designed to maximize privacy and usability to the residents.
(d) Special emphasis shall be placed on trash collection points. Trash containers shall
be screened and so designed so as to be conveniently accessible to their users and
collectors.
(e) Within the PDD-1, mixed land uses may be proposed. However, they must be found
to be compatible based on the site and building design proposed. Compatibility will also
be judged on the basis of how well the proposed project fits within the context of the
neighborhood and abutting properties. The basic intent of this Zoning Ordinance and
Master Plan must be adhered to.
(f) Snow removal areas and procedures must be described in the plans.
(g) All site lighting shall be controlled so as not to extend a direct light source onto
abutting properties. Cutoff type luminaries shall be used and all lighting sheds shall be
indicated in the plans.
(h) The physical attributes of the site shall be respected with particular concern for
preservation of natural features, tree growth and open space.
(5) Definitions(5) Definitions. (a) Floor Area. The sum of the gross floor area for each of
a building's stories measured from the exterior limits of the faces of the structure. The
floor area of a building includes basement floor area. It does not include cellars and
unenclosed porches or any floor space in an accessory building or in the principal
building which is designed for the parking of motor vehicles in order to meet the parking
requirements of this Ordinance.
(b) Bufferyard. A unit of land, together with a specified type and amount of planting
thereon, and any structures which may be required between land uses to eliminate or
minimize conflicts between them.
(c) Floor Area Ratio. An intensity measured as a ratio derived by dividing the total floor
area of a building by the gross site area. Where the lot is part of a larger development and
has no bufferyard, that lot area may be used instead of the gross site area.
(d) Impervious Surface. Impervious surfaces are those which do not absorb water They
consist of all buildings, parking areas, driveways, road, sidewalks, and any areas of
concrete or asphalt In the case of lumberyards, areas of stored lumber constitute
impervious surfaces.
(e) Impervious Surface Ratio. A measure of the intensity of land use which is determined
by dividing the total area of all impervious surfaces on a site by the gross site area.
(f) Usable Open Space. Usable open space is that part of the ground level of a zoning
lot, other than in a required front or corner side yard, which is unoccupied by driveways,
drive aisles, service drives, off street parking spaces and/or loading berths and is
unobstructed to the sky This space of minimum prescribed dimension shall be available
to all occupants of the building and shall be usable for greenery, drying yards, recreational
space, gardening, and other leisure activities normally carried on outdoors. Where and to
the extent prescribed in these regulations, balconies and roof areas, designed and
improved for outdoor activities, may also be considered as usable open space. The usable
open space shall be planned as an assemblage or singularly designed area that maximizes
the size for open space usage. The only exception to this standard is where the required
open space is designed to be part of the individual living units in the form of patios or
decks.
(g) Abutting. Having property or district lines in common; e.g. two lots are abutting if
they have property lines in common.
(h) Adjacent Neighboring or within visible proximity; e.g. includes property that is
across the street or public right of way and includes all properties directly impacted by a
proposed development whether abutting or not.
(i) Gross Site Area. The area of land which is designated by its owner or developer as a
tract to be used, developed or built upon as a unit under single ownership or control. The
gross site area shall be legally described and made a part of the application for zoning
approvals.
~f, Michael
From:
Sent:
To:
Subject:
Magazine, Chuck
Tuesday, July 17, 2001 10:13 AM
Rumpf, Michael
RE: Agreement with Daise Temple for ROW use
I got the Temporary License Agreement and the letter from the insurance agent There has to be an insurable interest on
the part of the Licensee. If they own the property of the easement then there is an insurable interest If the easement
requires the owner to maintain the property then there is liability on the part of the owner and it can be insured.
I have put together wording for contracts involving insurance requirements. I recommend you utilize this wording and
replace with "Licensee" for "successful bidder" See attachment
l!J
Ins Contract
Language 01.doc
Chuck Magazine
Risk Manager
City of Boynton Beach
--.Original Message----
From: Rumpf, Michael
Sent: Thursday, July 12, 200111:54AM
To: Magazine, Chuck
Subject: Agreement with Daise Temple for ROW use
I believe that you had input on the drafting of a right of way agreement to allow this church to use the adjacent
unimproved alley for parking and special events. The draft agreement contains requirements related to insurance.
Feedback from an insurance agent may dispute the requirements. I have forwarded the brief letter and an excerpt
from the agreement to you. Please review and let me know if the response is complete enough to understand its
impact on the agreement and whether it is acceptable. Mike
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INSURANCE
I It shall be the responsibility of the successful bidder to maintain workers'
compensation insurance, property damage, liability insurance and vehicular
liability insurance during the duration of this contract.
2. The successful bidder shall secure and maintain in force, throughout the duration
of this contract, comprehensive general and automobile liability insurance with a
minimum coverage of $],000,000 per occurrence; $],000,000 aggregate for
personal injury; $] ,000,000 per occurrence/aggregate for property damage; and,
professional liability insurance in the amount of $],000,000 (all professional
contract services).
3 Said general liability policy shall name the City of Boynton Beach as an
additional insured and shall include a provision prohibiting cancellation of said
policy except upon thirty (30) days prior written notice to the City
4 The successful bidder shall secure and maintain in force throughout the duration
of this contract workers' compensation insurance to statutory limits.
5 The successful bidder shall furnish the City with a certificate of insurance after
award has been made prior to the start of any work for the City Said insurance
companies must be authorized to do business in the State of Florida and the City
will not accept any company that has a rating less than B+ in accordance with
A.M. Best's Key Rating Guide, latest edition.
6. Reference Insurance Advisorv Form (Attachment A) for additional types of
insurance and limits required. The City reserves the right to require additional
types of insurance, or to raise or lower the stated limits, based upon identified
risk.
RM! Ins Contract Language 0] .doc
~f, Michael
From:
Sent:
To:
Subject:
Tucker, Patricia
Friday, July 27,2001 9:37 AM
Rumpf, Michael
RE, Daise Temple
Mike, the information you gave me regarding items below was faxed to Rev Gibbons to the 272-2639 fax number on
7/27/01 at 9:57
-----Original Message-----
From: Rumpf, Michael
Sent: Thursday, July 26, 2001 5.39 PM
To: Tucker, Patricia
Subject: Daise Temple
Please call Mr Gibbons with the insurance information/response from Chuck Magazine (hand delivered to you). Ask
if he has a fax number or copy for him to pick up. E-mail me to document when you completed this task for our file.
Thanks, MR.
1
Tucker, Patricia
To:
Subject:
Rumpf, Michael
RE: Daise Temple
Mike, the information you gave me regarding items below was fax'd to Rev Gibbons to the 272-2639 fax number on
7/27/01 at 9:57
-----Original Message-----
From: Rumpf, Michael
Sent: Thursday, July 26, 2001 5.39 PM
To: Tucker, Patricia
Subject: Daise Temple
Please call Mr Gibbons with the insurance information/response from Chuck Magazine (hand delivered to you). Ask if
he has a fax number or copy for him to pick up E-mail me to document when you completed this task for our file.
Thanks, MR.
1
~pf, Michael
From:
Sent:
To:
Subject:
Rumpf. Michael
Thursday. July 26, 2001 5:39 PM
Tucker, Patricia
Daise Temple
Please call Mr Gibbons with the insurance information/response from Chuck Magazine (hand delivered to you). Ask if
he has a fax number or copy for him to pick up. E-mail me to document when you completed this task for our file.
Than ks, M R.
1
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~f, Michael
From:
Sent:
To:
Cc:
Subject:
Rumpf, Michael
Wednesday, May 23, 2001 12:24 PM
Roberts, Christine
Livergood, Jeffrey
Daise Temple
You will recall that we were working on an agreement to allow them to use the adjacent unimproved right-of-way, and that
DPW was going to do some simple road improvements to minimize the hazards from the rocks and debris. I am sorry but
I do not recall where this left off I know that a large pot hole was filled in but was additional work to be done? Or was it
being held to be timed with the use agreement? I met with them again this morning to discuss their building expansion
and was asked this question. Thanks, MR.
1
~f, Michael
From:
Sent:
To:
Subject:
Rumpf, Michael
Thursday, July 12, 2001 11:54 AM
Magazine, Chuck
Agreement with Daise Temple for ROW use
I believe that you had input on the drafting of a right of way agreement to allow this church to use the adjacent unimproved
alley for parking and special events. The draft agreement contains requirements related to insurance. Feedback from an
insurance agent may dispute the requirements. I have forwarded the brief letter and an excerpt from the agreement to
you. Please review and let me know if the response is complete enough to understand its impact on the agreement and
whether it is acceptable. Mike
1
l
I
TO
FROM
RE
DATE.
r.-
-1,-1'1
CITY OF BOYNTON BEACH
MEMORANDUM
Mike Rumpf, Director of Planninj)
Mary Ramsey, Legal Secretary ~
Temporary License Agreement - Daise Temple
December 13, 2000
?...
~ .,
Attached for your review is the revised Temporary License Agreement for Daise Temple Church.
Should you need any additional changes, please let me know at your earliest convenience.
/mr
Attachments
>
-. '
,""\1
I ~ II
~l
j
.-.J
TEMPORARY LICENSE AGREEMENT
This Grant of license executed and delivered this day of , 2000, between the
CITY OF BOYNTON BEACH, a municipal corporation organized and existing under the
laws of the State of Florida, hereinafter referred to as the "CITY or GRANTOR" and
DAISE TEMPLE CHURCH OF GOD IN CHRIST, hereinafter referred to as the
"LICENSEE"
In consideration of the mutual promises and covenants contained in this
Agreement and other valuable consideration the receipt and adequacy of which is hereby
acknowledged and agreed between the parties as follows:
1 DESCRIPTION OF PREMISES.
CITY hereby grants to LICENSEE, the privilege and license of occupying and
maintaining certain CITY owned premises and any improvements thereon located on the
property legally described in Exhibit "A" attached hereto and incorporated herein
("Premises").
2. TERM.
The term of this License Agreement shall run for two (2) years from the date of
execution unless terminated prior to said date as provided for herein, or extended by
written mutual agreement by the parties.
3 COMPENSATION.
No payment shall be made by the LICENSEE for the privileges granted herein.
4 USE OF PREMISES.
LICENSEE shall use and occupy the Premises only for parking access and special
events for its guests, licensees and invitees. Special events to be held on the premises
shall be reviewed and approved through the City's special events review process. The
Premises shall not be used for any other purpose whatsoever without written consent of
the CITY LICENSE covenants that it will not, without written consent of the CITY,
permit the Premises to be used or occupied by any person, firm, entity or corporation
other than LICENSEE, its agents, employees or invitees. LICENSEE further covenants
that no nuisance or hazardous trade or occupation shall be permitted or carried on in or
upon said Premises, no act shall be permitted and nothing shall be kept in or about said
Premises which will increase the risk of any hazard, fire or catastrophe, and no waste
shall be permitted or committed upon or any damage done to said Premises. LICENSEE
shall not permit the Licensed Premises to be used or occupied in any manner which will
violate any laws or regulations of any governmental authority
5 ASSIGNMENT.
LICENSEE shall have no authority to assign any portion of the Premises during
any term of this License Agreement. Should LICENSEE attempt to assign this License,
then the License shall be terminated forthwith, without prior notice to LICENSEE.
6. DAMAGE TO PREMISES.
LICENSEE shall give the CITY, or its agent, prompt written notice by certified
mail of any occurrence, incident or accident occurring on the licensed Premises.
7 ACCESS AND INSPECTION.
The CITY, its agents or authorized employee may enter upon the Premises at any
time and hour, to install or maintain utility or communication infrastructure, and to
examine premises to determine if LICENSEE is properly maintaining the Premises
according to this License Agreement.
8. INDEMNIFICATION.
LICENSEE shall indemnify, defend and hold harmless the CITY, it's officers,
agents and employees from and against any and all claims, suit actions, damages,
liabilities, expenditures, or causes of action of any kind arising from this License
Agreement and resulting or accruing from any negligent act, omission or error of
LICENSEE, resulting in or relating to, injuries to body, life, limb, or property sustained
in, about or upon the licensed Premises.
LICENSEE shall defend, at its sole cost and expense, any legal action, claim, or
proceeding instituted by any person against the CITY as a result of any claim, suit or
cause of action accruing from this License Agreement, for injuries to body, life, limb or
property as set forth above.
LICENSEE, shall save the CITY harmless from and against all judgment, orders,
decrees, attorneys' fees, costs, expenses and liabilities incurred in and about any such
claim, investigation or defense thereof, which may be entered, incurred or assessed as a
result ofthe foregoing.
>
The covenants and representations relating to this indemnification provision shall
survive the term of this Agreement and continue in full force and effect as LICENSEE
responsibility to indemnify the CITY, its officers, servants, agents and employees for
occurrences occurring during the term of this Agreement.
The execution of this Agreement by the LICENSEE shall obligate the LICENSEE
to comply with the foregoing indemnification provision; however, the collateral
obligation of insuring this indemnity must be satisfied as set forth in Section 9 below
9 Insurance:
LICENSEE shall not utilize the premises under this Agreement until he has
Obtained all insurance required under this paragraph and such insurance has been
approved by the CITY OF BOYNTON BEACH Risk Manager
Certificates of insurance, reflecting evidence of the required insurance, shall be
filed with CITY OF BOYNTON BEACH Risk Manager prior to the utilization of the
premises. These Certificates shall contain a provision that coverage afforded under these
policies will not be canceled until at least thirty days (30) prior written notice has been
given to Boynton Beach. Policies shall be issued by companies authorized to do business
under the laws of the State of Florida.
Policyholders and Financial Ratings must be no less that "A" and Class X
respectively in the latest edition of" Bests Key Rating Guide", published by A.M. Best
Guide.
Insurance shall be in force throughout the life of this License. In the event the
insurance certificate provided indicates that the insurance shall terminate and lapse
during the period of this Agreement, then in that event, the LICENSEE shall furnish, at
least thirty (30) days prior to the expiration of the date of such insurance, a renewed
certificate of insurance as proof that equal and like coverage for the balance of the period
of this Agreement and extension thereunder is in effect. The LICENSEE shall not utilize
the premises unless all required insurance are obtained and maintained.
.'
LICENSEE shall provide to CITY certified copy of all insurance policies
Required by this Article showing that CITY and the City Commissioners have been
named a ddition1tl- insureds under such policies or in the alternative a certificate
evidendng that the required additional endorsement has been obtained under such
policies at the time of execution of this Agreement by LICENSEE.
J)
. _(\cr I'"
10 MAINTENANCE. REPAIR AND AL TERA nON OF LICENSED
PREMISES.
The CITY shall make improvements to premises to facilitate safe use of premises
By LICENSEE. Said improvements shall consist of replacement of base material with
standard material to accommodate vehicle access and parking.
It shall be the responsibility of LICENSEE to keep the licensed Premises
Clean, sanitary and free from trash and debris. The upkeep and maintenance of all
improvements herein licensed by CITY to LICENSEE shall be borne by CITY, in
accordance with the terms and conditions of this License Agreement and consistent with
prudent and well-reasoned maintenance procedures and techniques. Licensee is
expressly prohibited from performing any construction or alterations of the Premises
without the prior written approval of the CITY This agreement will automatically
terminate without notice should LICENSEE commence any construction, alteration,
improvement or installation of any fixtures without prior written consent from the City
II AMENDMENTS.
No modification, amendment or alteration of the terms or conditions contained
herein shall be effective unless contained in a written document executed by the parties
hereto, with the same formality an of equal dignity herewith.
12. SURRENDER UPON TERMINATION.
LICENSES shall peaceably surrender and deliver the licensed Premises to the
CITY or its agents immediately upon expiration of the License term.
13 WAIVER.
Failure of the CITY to insist upon strict performance of any covenant or condition
of this License, or to exercise any right herein contained, shall not be construed as a
waiver or relinquishment for the future of any such covenant, condition or right; but the
same shall remain in full force and effect. None of the conditions, covenants or
provisions of this License Agreement shall be waived or modified except by the parties
hereto in writing.
14 TERMINATION.
This Temporary License Agreement may be terminated by CITY or LICENSEE
during the term hereof upon thirty (30) days written notice of its desire to terminate this
License Agreement. The City presently has various utility pipes buried in the premises.
In the event the CITY is required to repair or maintain the utility pipes and as a result of
the repair or maintenance, the City may removes material and improvements located
above the pipes, LICENSEE will replace the base soil an d repave the surface area.
15 NOTICES.
Any notice or demand, which under the terms of this License Agreement or by any
statute or ordinance, given or made by a party hereto shall be in writing and shall be
given by certified or registered mail sent to the other party at the address set forth below,
or to such other address as such party may from time to time designate by notice.
/
Notice to the CITY shall be addressed to
City of Boynton Beach
Office of the City Manager
POBox 310
Boynton Beach, Florida 33425
Notice to the LICENSEE shall be addressed to:
Daise Temple Church of God in Christ
340 NE 12th Avenue
Boynton Beach, Florida
16. ENTIRE AGREEMENT.
This License Agreement embodies the entire agreement between the parties. It
may not be modified or terminated except as provided herein. If any provision herein is
valid, it shall be considered deleted here from, and shall not invalidate the remaining
proVISIOns.
17 LAWS AND ORDINANCES.
LICENSEE shall observe all laws and ordinances of the county, state and federal
agencies directly relating to the operation ofthe Premises.
18. NON-RECORDATION OF AGREEMENT.
This License Agreement shall not be recorded in the Public Records of Palm
Beach County, Florida.
IN WITNESS OF THE FOREGOING, the parties have set their hand and seals
the day and year first above written.
~
CITY OF BOYNTON BEACH
BY
Mayor
ATTEST
CITY CLERK
(Seal)
STATE OF FLORIDA )
COUNTY OF PALM BEACH)
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgements, personally appeared
Respectively and who being duly sworn, acknowledged that they executed the foregoing
Temporary License Agreement.
WITNESS my hand and official seal this
day of
2000
Notary Public
My Commission Expires:
CaJagreements/temporary license agreement Daise Temple
/
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~
CITY OF BOYNTON BEACH
MEMORANDUM
TO
FROM'
Mike Rumpf, Director of PlanninD
Mary Ramsey, Legal Secretary &
RE:
Temporary License Agreement - Daise Temple
DATE.
December 13, 2000
Attached for your review is the revised Temporary License Agreement for Daise Temple Church.
Should you need any additional changes, please let me know at your earliest convenience.
Imr
Attachments
", '1
'W
J
I
-1
TEMPORARY LICENSE AGREEMENT
This Grant of license executed and delivered this day of , 2000, between the
CITY OF BOYNTON BEACH, a municipal corporation organized and existing under the
laws of the State of Florida, hereinafter referred to as the "CITY or GRANTOR" and
DAISE TEMPLE CHURCH OF GOD IN CHRIST, hereinafter referred to as the
"LICENSEE"
In consideration of the mutual promises and covenants contained in this
Agreement and other valuable consideration the receipt and adequacy of which is hereby
acknowledged and agreed between the parties as follows:
I DESCRIPTION OF PREMISES.
CITY hereby grants to LICENSEE, the privilege and license of occupying and
maintaining certain CITY owned premises and any improvements thereon located on the
property legally described in Exhibit "A" attached hereto and incorporated herein
("Premises") .
2. TERM.
The term of this License Agreement shall run for two (2) years from the date of
execution unless terminated prior to said date as provided for herein, or extended by
written mutual agreement by the parties.
3 COMPENSATION.
No payment shall be made by the LICENSEE for the privileges granted herein.
4 USE OF PREMISES.
LICENSEE shall use and occupy the Premises only for parking access and special
events for its guests, licensees and invitees. Special events to be held on the premises
shall be reviewed and approved through the City's special events review process. The
Premises shall not be used for any other purpose whatsoever without written consent of
the CITY LICENSE covenants that it will not, without written consent of the CITY,
permit the Premises to be used or occupied by any person, firm, entity or corporation
other than LICENSEE, its agents, employees or invitees. LICENSEE further covenants
that no nuisance or hazardous trade or occupation shall be permitted or carried on in or
upon said Premises, no act shall be permitted and nothing shall be kept in or about said
Premises which will increase the risk of any hazard, fire or catastrophe, and no waste
shall be permitted or committed upon or any damage done to said Premises. LICENSEE
shall not permit the Licensed Premises to be used or occupied in any manner which will
violate any laws or regulations of any governmental authority
5 ASSIGNMENT.
LICENSEE shall have no authority to assign any portion of the Premises during
any term of this License Agreement. Should LICENSEE attempt to assign this License,
then the License shall be terminated forthwith, without prior notice to LICENSEE.
6. DAMAGE TO PREMISES.
LICENSEE shall give the CITY, or its agent, prompt written notice by certified
mail of any occurrence, incident or accident occurring on the licensed Premises.
7 ACCESS AND INSPECTION.
The CITY, its agents or authorized employee may enter upon the Premises at any
time and hour, to install or maintain utility or communication infrastructure, and to
examine premises to determine if LICENSEE is properly maintaining the Premises
according to this License Agreement.
8. INDEMNIFICATION.
LICENSEE shall indemnify, defend and hold harmless the CITY, it's officers,
agents and employees from and against any and all claims, suit actions, damages,
liabilities, expenditures, or causes of action of any kind arising from this License
Agreement and resulting or accruing from any negligent act, omission or error of
LICENSEE, resulting in or relating to, injuries to body, life, limb, or property sustained
in, about or upon the licensed Premises.
LICENSEE shall defend, at its sole cost and expense, any legal action, claim, or
proceeding instituted by any person against the CITY as a result of any claim, suit or
cause of action accruing from this License Agreement, for injuries to body, life, limb or
property as set forth above.
LICENSEE, shall save the CITY harmless from and against all judgment, orders,
decrees, attorneys' fees, costs, expenses and liabilities incurred in and about any such
claim, investigation or defense thereof, which may be entered, incurred or assessed as a
result ofthe foregoing.
The covenants and representations relating to this indemnification provision shall
survive the term of this Agreement and continue in full force and effect as LICENSEE
responsibility to indemnify the CITY, its officers, servants, agents and employees for
occurrences occurring during the term of this Agreement.
The execution of this Agreement by the LICENSEE shall obligate the LICENSEE
to comply with the foregoing indemnification provision; however, the collateral
obligation of insuring this indemnity must be satisfied as set forth in Section 9 below
9 Insurance:
LICENSEE shall not utilize the premises under this Agreement until he has
Obtained all insurance required under this paragraph and such insurance has been
approved by the CITY OF BOYNTON BEACH Risk Manager.
Certificates of insurance, reflecting evidence of the required insurance, shall be
filed with CITY OF BOYNTON BEACH Risk Manager prior to the utilization of the
premises. These Certificates shall contain a provision that coverage afforded under these
policies will not be canceled until at least thirty days (30) prior written notice has been
given to Boynton Beach. Policies shall be issued by companies authorized to do business
under the laws of the State of Florida.
Policyholders and Financial Ratings must be no less that "A" and Class X
respectively in the latest edition of" Bests Key Rating Guide", published by A.M. Best
Guide.
Insurance shall be in force throughout the life of this License. In the event the
insurance certificate provided indicates that the insurance shall terminate and lapse
during the period of this Agreement, then in that event, the LICENSEE shall furnish, at
least thirty (30) days prior to the expiration of the date of such insurance, a renewed
certificate of insurance as proof that equal and like coverage for the balance of the period
of this Agreement and extension thereunder is in effect. The LICENSEE shall not utilize
the premises unless all required insurance are obtained and maintained.
.'
LICENSEE shall provide to CITY certified copy of all insurance policies
Required by this Article showing that CITY and the City Commissioners have been
named a dtiition.1lI- insureds under such policies or in the alternative a certificate
evidencing that the required additional endorsement has been obtained under such
policies at the time of execution of this Agreement by LICENSEE.
.P-
/> "(\0- r"
1 O. MAINTENANCE, REPAIR AND ALTERATION OF LICENSED
PREMISES.
The CITY shall make improvements to premises to facilitate safe use of premises
By LICENSEE. Said improvements shall consist of replacement of base material with
standard material to accommodate vehicle access and parking.
It shall be the responsibility of LICENSEE to keep the licensed Premises
Clean, sanitary and free from trash and debris. The upkeep and maintenance of all
improvements herein licensed by CITY to LICENSEE shall be borne by CITY, in
accordance with the terms and conditions of this License Agreement and consistent with
prudent and well-reasoned maintenance procedures and techniques. Licensee is
expressly prohibited from performing any construction or alterations of the Premises
without the prior written approval of the CITY This agreement will automatically
terminate without notice should LICENSEE commence any construction, alteration,
improvement or installation of any fixtures without prior written consent from the City
11 AMENDMENTS.
No modification, amendment or alteration of the terms or conditions contained
herein shall be effective unless contained in a written document executed by the parties
hereto, with the same formality an of equal dignity herewith.
12. SURRENDER UPON TERMINATION.
LICENSES shall peaceably surrender and deliver the licensed Premises to the
CITY or its agents immediately upon expiration of the License term.
13. WAIVER.
Failure of the CITY to insist upon strict performance of any covenant or condition
of this License, or to exercise any right herein contained, shall not be construed as a
waiver or relinquishment for the future of any such covenant, condition or right; but the
same shall remain in full force and effect. None of the conditions, covenants or
provisions of this License Agreement shall be waived or modified except by the parties
hereto in writing.
14 TERMINATION.
This Temporary License Agreement may be terminated by CITY or LICENSEE
during the term hereof upon thirty (30) days written notice of its desire to terminate this
License Agreement. The City presently has various utility pipes buried in the premises.
In the event the CITY is required to repair or maintain the utility pipes and as a result of
the repair or maintenance, the City may removes material and improvements located
above the pipes, LICENSEE will replace the base soil an d repave the surface area.
15 NOTICES.
Any notice or demand, which under the terms of this License Agreement or by any
statute or ordinance, given or made by a party hereto shall be in writing and shall be
given by certified or registered mail sent to the other party at the address set forth below,
or to such other address as such party may from time to time designate by notice.
Notice to the CITY shall be addressed to:
City of Boynton Beach
Office of the City Manager
POBox 310
Boynton Beach, Florida 33425
Notice to the LICENSEE shall be addressed to:
Daise Temple Church of God in Christ
340 NE 12th Avenue
Boynton Beach, Florida
16. ENTIRE AGREEMENT.
This License Agreement embodies the entire agreement between the parties. It
may not be modified or terminated except as provided herein. If any provision herein is
valid, it shall be considered deleted here from, and shall not invalidate the remaining
provIsIOns.
17 LAWS AND ORDINANCES.
LICENSEE shall observe all laws and ordinances of the county, state and federal
agencies directly relating to the operation of the Premises.
18. NON-RECORDATION OF AGREEMENT.
This License Agreement shall not be recorded in the Public Records of Palm
Beach County, Florida.
IN WITNESS OF THE FOREGOING, the parties have set their hand and seals
the day and year first above written.
CITY OF BOYNTON BEACH
BY
Mayor
ATTEST
CITY CLERK
(Seal)
STATE OF FLORIDA )
COUNTY OF PALM BEACH)
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgements, personally appeared
Respectively and who being duly sworn, acknowledged that they executed the foregoing
Temporary License Agreement.
WITNESS my hand and official seal this
day of
2000.
Notary Public
My Commission Expires:
Ca/agreements/temporary license agreement ~ Daise Temple
7.A.1
DAISE TEMPLE CHURCH OF GOD IN
CHRIST
ABANDONMENT
DEVELOPMENT SERVICES DEPARTMENT
MEMORANDUM NO. PZ 00-256
FROM:
Chairman and Members, Planning and Development Board
Michael W Rumpf. Planning and Zoning Manage('11J-1<
Jose R. Alfaro, Plana~ I---
TO'
THRU'
DATE:
September 1, 2000
SUBJECT
Daise Temple Alley Abandonment (ABAN 00-002)
NATURE OF REQUEST/BACKGROUND
Mr Jonas Gibbon, the property owner of land located at 340 NE12th Avenue, is requesting abandonment of the
following unimproved street segment:
That part of NE 3rd Street lying between blocks 9 and 10 of Happy Homes Heights, according to the plat thereof
as recorded in Plat Book 11, Page 30 of the Public Records of Palm Beach County, Florida.
The properties located on the east and the west side of the street segment to be abandoned are currently owned
by the petitioner The attached Exhibit "A" is a location map that shows the general vicinity of the street right-of-way
to be abandoned. The petitioner desires the abandonment of the 40 foot street to increase the area of the church
parcel, eliminate a walking hazard for parishioners, and also facilitate future church remodeling. Exhibit "B" shows
the properties owned by the church, a detailed location of the street to be abandoned and its legal description.
BACKGROUND
In December of 1924 the Plat of Happy Homes Heights was approved including a forty (40) foot wide street known
as First Street (currently known as NE 3"' Street) and dedicated to the perpetual use of the public, reserving unto
the developers or successors the right of reversion if not used as such. The street is currently unimproved. Palm
Beach County records indicate that the church acquired the adjacent property in 1983.
ANALYSIS
Public notice has been given to the property owners that abut the right-of-way to be abandoned, and has been
advertised in the newspaper A summary of the review by the utility companies and city staff is as follows:
CITY DEPARTMENTS
Engineering
Objects to the abandonment for the following reasons:
1) Fiber optic communication cables are scheduled to be
laid along the entire length of the subject street;
2) A 6-inch water main already exists along the subject right-
of-way
Utilities
No objection.
Police
No objection.
Fire and Life Safety
No objection, but encourages the consideration of a street
abandonment policy to avoid future abandonment of roadt
alley segments important to the City thoroughfare system.
Page 2
Memorandum No. PZ 00-256
ABAN 00-002
Public Works
Objects out of concern of large garbage truck collectors
maneuverability servicing the area.
Planning and Zoning
Objects based on the possibility of conflicts with a
Redevelopment Study for the area being conducted.
PUBLIC UTILITY COMPANIES
Florida Power and Light
Bell South
Florida Public Utilities Company
Cable Company (Comcast
Telemedia, and
Adelphia)
No objection.
No objection.
No objection.
No objection.
The following is a description of the zoning districts and land uses of the properties that surround the subject
request.
North -
East
South -
West -
Single family dwelling units, zoned R-2.
Vacant lot used for church parking, zoned R-2
Single-family dwelling units, zoned R-2.
Church, zoned R-2.
RECOMMENDATION
Staff concurs with the Fire and Life Safety Division and recognizes the absence of a general policy to guide
abandonment of streets. Staff will attempt to also consider this issue as part of its development of a city-wide
traffic calming policy Also, staff recommends that future abandonment applications within this area be held
until the MLK Redevelopment Study is completed.
Staff cannot ignore the concerns from other City departments regarding safety and level of services to the
community Therefore, staff recommends denial of this abandonment request. No conditions of approval are
recommended; however, any conditions required by the Board and the Commission will be placed in Exhibit "C"
- Conditions of Approval.
xc: Central File
S:\Planning\SHARED\WP\PROJECTS\Daise Temple (Church ad God) Aban\staff report. aband 2000.doc
LOCA liON MAP
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EXHIBIT "A"
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EXHIBIT "C"
Conditions of Aooroval
Project name: Daise Temple.
File number ABAN 00-003
Reference: Aoolication form dated 06/16/00.
I DEPARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS
Comments: None
UTILITIES
Comments: None
FIRE
Comments: None
POLICE
Comments: None
ENGINEERING DIVISION
Comments: None
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENTALIST
Comments: None
PLANNING AND ZONING
Comments:
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
I To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
I To be determined.
..
/bme