File #: 24-1663    Version: 1 Name:
Type: Presentation Status: Agenda Ready
File created: 12/2/2024 In control: City Commission
On agenda: 12/10/2024 Final action:
Title: DISCUSSION CONCERNING CLOSURE OF NE 7TH AVENUE
Sponsors: Public Works Department, City Manager Department
Attachments: 1. Agenda Cover Report, 2. Adendum to Settlement Agreement, 3. Check TX from Edwards 02-14-2022, 4. Settlement Agreement, 5. Site Plan Extracted (2022-191 approved 2024)
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TO: Mayor and Commissioners
FROM: Missie Barletto, Public Works Director
THROUGH: Terrence R. Moore, ICMA-CM
DATE: December 10, 2024

Title
DISCUSSION CONCERNING CLOSURE OF NE 7TH AVENUE

Body
Recommended Action:
Recommendation
Discussion concerning closure of NE 7th Avenue.

Body
Background:
On March 3, 2017, a Settlement Agreement (the “Agreement”). was entered into by the City of Delray Beach (the “City”) and Edwards Atlantic and Edward Intracoastal (collectively, “Edwards”) to resolve the litigation concerning the mixed-use development project known as Atlantic Crossing. As part of the Agreement, the parties agreed to clarify and satisfy, inter alia, site plan requirements for offsite improvements and signalization. The closure NE NE 1st Street/NE 7th Avenue was Item 4.c.(2) of the Settlement Agreement between the City and Edwards CDS, LLC dated March 3, 2017. The developer was required to temporarily close the intersection and deposit with the City the cost to design, permit and construct a permanent closure. The developer has temporarily closed the road and provided a check $209,436 for the permanent closure design/permit/construction cost. Specifically, the parties agreed to the following concerning the closure of NE 7th Avenue:
N.E. 7lh Avenue - Closure. Upon issuance of the first building permit (above or below-ground) for the Project, Sequence 4 at N.E. 7th Avenue (North of N.E. 1st Street) will be completed, and N.E. 7th Avenue will be temporarily closed. Prior to issuance of the certificate of occupancy for the first vertical, above-ground building permit, developer shall deposit with the City the full cost to design, permit and construct the permanent closure and landscaping of N.E. 7th Avenue at N.E. 1st Street as provided in the Site Plan. The City shall evaluate area traffic patterns to determine, in the City's sole discretion, whether N.E. 7th Avenue is to be permanently closed, partially closed or left open with the installation of tr...

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