TO: CRA Board of Commissioners
FROM: Ivan J. Cabrera, AICP, Redevelopment Manager
THROUGH: Renée A. Jadusingh, Esq., CRA Executive Director
DATE: August 29, 2024
Title
HOLD HARMLESS AGREEMENT WITH THE CITY OF DELRAY BEACH FOR AWNING AT 95 SW 5th AVENUE
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Recommended Action:
Recommendation
1. Approve the attached revised Hold Harmless Agreement with the City of Delray Beach for the CRA-owned commercial property located at 95 SW 5th Avenue, in substantially the same form as attached in Exhibit C;
AND
2. Authorize the CRA Board Chair to execute the Hold Harmless Agreement, and any related documents, in a form acceptable to the CRA Legal Counsel.
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Background:
On January 24, 2023, the CRA Board awarded Ahrens Invitation to Bid CRA No. 2022-01 to construct a commercial building at 95 SW 5th Avenue (Project). The Agreement was executed by Ahrens and the Delray Beach Community Redevelopment Agency (CRA) on February 28, 2023.
As the Project is currently being constructed, there are decorative awnings along the south (along SW 1st Street) and west (along SW 5th Avenue) sides of the building at both the first and second stories of the building. Both sets of decorative awnings are located above street level, and both extend into the public right of ways - the sidewalks located on SW 5th Avenue and SW 1st Street-above Street level. The decorative awnings do not restrict or impede public access to the right of ways. However, as they do extend into the public right of ways, even above street level, the City of Delray Beach (City) requires the CRA to enter into a Hold Harmless Agreement.
On July 23rd, 2024, the CRA Board approved a Hold Harmless Agreement with the City of Delray Beach for the CRA-owned commercial property located at 95 SW 5th Avenue. However, the City of Delray Beach has since requested changes to Exhibit B of the Hold Harmless Agreement to remove the original approved overhang and instead show the as-built height of each encroachment...
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