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HomeMy WebLinkAboutAgenda Council Agenda 121902The Workshop Agenda starts on page #2 and ends on page #4 The Council Agenda starts on page #5 and ends on page # 375 Cit of Palm Beach Gardens Y Council Worksho A enda p g December 19, 2002 � Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Jablin Vice Mayor Sabatello Council Member Clark Council Member Russo Council Member Delgado CITY OF PALM BEACH GARDENS CITY COUNCIL WORKSHOP December 19, 2002 6:00 P.M. L PLEDGE OF ALLEGIANCE IL ROLL CALL IIL ADDITIONS, DELETIONS, MODIFICATIONS: IV. ANNOUNCEMENTS / PRESENTATIONS: a. Land Acquisition/Bond Referendum V. ITEMS & REPORTS BY MAYOR AND COUNCIL: VL CITY MANAGER REPORT: VIL COMMENTS FROM THE PUBLIC: (For Items Not on the A�enda, please submit request form to the Citv Clerk prior to this Item) VIIL CONSENT AGENDA: IX. PUBLIC HEARINGS: X. RESOLUTIONS: XL ORDINANCES: (For Consideration on First Reading) XIL ITEMS FOR COUNCIL ACTION: XIIL ITEMS FOR DISCUSSION: a. Land Acquisition/Bond Referendum XIV. CITY ATTORNEY REPORT: XV. ADJOURNMENT In accoNdance tivith the Ame�icans tivith Disabilities Act and FZoNida .S'tatute 86.26, peNSOns tivith disabilities needing special accommodations to paNticipate in this pNOCeeding should contact the City CZeNk's DepaNtment, no ZateN than 5 days pNioN to the pNOCeeding at telephone numbeN (561) 799-4120 foN assistance; if heaNing impaiNed, telephone the FZoNida Relay .S'e�vice NumbeNS (800) 955-8771 (TDD) oN (800) 955-8700 (T�OICE), foN assistance. If a peNSOn decides to appeal any decision made by the Council, tivith Nespect to any matteN consideNed at such meeting oN heaNing, they tivill need a NecoNd of the pNOCeedings, and foN such puNpose, they may need to ensuNe that a veNbatim NecoNd of the pNOCeedings is made, tivhich NecoNd includes the testimony and evidence upon tivhich the appeal is to be basec� Cit of Palm Beach Gardens Y Council A enda g December 19, 2002 � Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Jablin Vice Mayor Sabatello Council Member Clark Council Member Russo Council Member Delgado CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING December 19, 2002 7:00 P.M. L PLEDGE OF ALLEGIANCE IL ROLL CALL IIL ADDITIONS, DELETIONS, MODIFICATIONS: IV. ANNOUNCEMENTS / PRESENTATIONS: V. ITEMS & REPORTS BY MAYOR AND COUNCIL: Gas Pi eline - Pa e 376 VL CITY MANAGER REPORT: a. Paae 12 Mayors Golf Tournament Scholarship Presentation. VIL COMMENTS FROM THE PUBLIC: (For Items Not on the A�enda, please submit request form to the Citv Clerk prior to this Item) VIIL CONSENT AGENDA: a. Paae 13 Consideration of approving Minutes from the November 21, 2002 Regular City Council Meeting. b. (Pa�e 18) Resolution 221, 2002 — Agreement with Bellsouth. Consideration of accepting a proposal from Bellsouth to provide equipment and installation for the upgrading of the City's Telephone System. c. (Pa�e 34) Resolution 224, 2002 — Evergrene PCD-Plat 4(Parcel 3) Subdivision Plat. Consideration for approving the Evergrene PCD-Plat 4 Subdivision Pla� d. (Pa�e 38) Resolution 229, 2002 — Approve appointment of two (2) members to the Board of Trustees of the City of Palm Beach Gardens Police Officers' Retirement Trust Fund. Consideration for approving the appointment of two (2) members to the Board of Trustees of the City of Palm Beach Gardens Police Officer's Retirement Trust Fund. e. (Pa�e 46) Resolution 230, 2002 — Contract with Hardrives, Inc. Consideration for approving an agreement with Hardrives, Inc. for the widening of the EPB-3D Canal within Pine Tree Boulevard right-Of-Way. IX. PUBLIC HEARINGS: a. (Pa�e 99) Ordinance 43, 2002 — Submitting to Referendum an Amendment to Article VI of the City's Charter (Second Reading). An ordinance of the City Council of the City of Palm Beach Gardens, Florida, submitting to referendum an amendment to Article VI of the City Charter, "Administration as Council-Manager Form of Government," by amending Section 6-1, "City Manager," to remove unnecessary language regarding the appointment persons to act on the City Manager's behalf in the event of absence or disability, to delete the residency requirement and procedures for removal or suspension and to allow the City Manager to appoint and remove Department Heads, including the City Engineer, execute contracts as prescribed by the Council and exercise powers consistent with the Council-Manager form of government; providing for the title of the referendum ballot and explanatory statement; providing for advertising; providing for codification; providing for conflicts; providing for severability; and providing for an effective date. b. (Pa�e 111) Ordinance 44, 2002 — Submitting to Referendum an Amendment to Article VI of the City's Charter (Second Reading). An ordinance of the City Council of the City of Palm Beach Gardens, Florida, submitting to referendum an amendment to Article VI of the City Charter, "Administration as Council-Manager Form of Government," by amending Section 6-2, "City attorney," to allow the City Manager to hire the City attorney and determine the City Attorney's compensation and benefits and to clarify that the City Council or the City Manager may hire additional Special Counsel to serve as Legal Advisors; providing for the title of the referendum ballot and explanatory statement; providing for advertising; providing for codification; providing for conflicts; providing for severability; and providing for an effective date. c. (Pa�e 122) Ordinance 45, 2002 — Submitting to Referendum an Amendment to Article VII of the City's Charter (Second Reading). An ordinance of the City Council of the City of Palm Beach Gardens, Florida, submitting to referendum an amendment to Article VII of the City Charter, "Merit Systein," by amending Section 7-2, "Personnel Systein," to allow the City Manager to adopt, regulate and maintain a personnel system and to remove the requirement that the personnel system be adopted by ordinance; providing for the title of the referendum ballot and explanatory statement; providing for advertising; providing for codification; providing for conflicts; providing for severability; and providing for an effective date. d. (Pa�e 132) Ordinance 46, 2002 — Submitting to Referendum an Amendment to Article VIII of the City Charter (Second Reading). An ordinance of the City Council of the City of Palm Beach Gardens, Florida, submitting to referendum an amendment to Article VIII of the City Charter, "Department Heads," by deleting Section 8-1, "Salary, Duties, Powers and Complaint," as unnecessary and obsolete; providing for the title of the referendum ballot and explanatory statement; providing for advertising; providing for codification; providing for conflicts; providing for severability; and providing for an effective date. e. (Pa�e 143) Ordinance 47, 2002 Submitting to Referendum an Amendment to Article IX of the City's Charter (Second Reading). An ordinance of the City Council of the City of Palm Beach Gardens, Florida, submitting to referendum an amendment to Article IX of the City Charter, "Appointment, Powers and Duties of City Officers," by amending Section 9-1, "Powers and Duties of the Mayor," to delete any reference to the "Chief Executive Officer" and to clarify the Mayor's duties consistent with the Council-Manager form of Government; providing for the title of the referendum ballot and explanatory statement; providing for advertising; providing for codification; providing for conflicts; providing for severability; and providing for an effective date. £ (Pa�e 154) Ordinance 48, 2002 — Submitting to Referendum an Amendment to Article XVIII to the City's Charter (Second Reading). An ordinance of the City Council of the City of Palm Beach Gardens, Florida, submitting to referendum an amendment to Article XVIII of the City Charter, "Ordinances and Resolutions," by deleting section 18-1, "Meeting and Procedure of City Council," and Section 18-3, "Posting or Publication of Ordinances," as obsolete and inconsistent with Florida Statutes; providing for the title of the referendum ballot and explanatory statement; providing for advertising; providing for codification; providing for conflicts; providing for severability; and providing for an effective date. g. (Pa�e 166) Ordinance 37, 2002 — Oakbrook PUD Amendment, Relocation of Retail (Second Reading) (Continued from 12/OS/02 City Council Meeting). An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of an amendment to the Oalcbroolc Square Shopping Center Planned Unit Development (PUD) by adding a new 6,000 square-foot retail building alongside U.S. Highway One and renovating the existing buildings, located at the northeast corner of PGA Boulevard and Highway U.S. One, as more particularly described herein; providing for waivers; providing for conditions of approval; providing for conflicts; providing for severability; and providing for an effective date. h. (Pa�e 225) Ordinance 42, 2002 — Old Palm Community Development District (Second Reading). An ordinance of the City Council of the City of Palm Beach Gardens, Florida, establishing a Community Development District over the real property described in exhibit "A" to this ordinance comprising approximately 651 acres; naming the initial members of the Board of Supervisors of the district; establishing the name of the district as the "Old Palm Community Development District"; designating the powers of the district; providing for conflicts; providing for severability; and providing for an effective date. (Pa�e 247) Ordinance 50, 2002 - Extension of Build Out Dates for Development Orders (Second Reading). An ordinance of the City Council of the City of Palm Beach Gardens, Florida, Extending the Expiration Dates for Approved Development Orders for Planned Unit Developments, Parcels within Planned Community Districts and Site Plans expiring prior to January 1, 2003 to December 31, 2003; providing for conflicts; providing for severability; and providing for an effective date. X. RESOLUTIONS: a. (Pa�e 252) Resolution 222, 2002 — Approve Final Cost Quote and Construction Documents for the Municipal Complex Outdoors Artworlc by Costas Varotsos. Consideration for approving the final price quote and construction documents for the fabrication and installation of an outdoor sculpture designed by Costas Varotsos. b. (Pa�e 289) Resolution 227, 2002 — Crossroads Out Parcels Build-Out Revisions and Offsite Landscaping. Consideration for providing for amendments to Conditions 2 and 3 contained within Resolution 101, 2002, relating to the build-out date and the timing of installation of right-of-way landscaping, and modifying the approved landscape plan for the "Northlalce Commons" (F/K/A "Crossroads at Northlalce") Shopping Center, located at the southeast corner of Interstate 95 and Northlalce Boulevard. c. (Pa�e 319) Resolution 228, 2002 — Calling for Referendum Election on March 11, 2003. Consideration for calling a Referendum Election on March 11, 2003, to decide whether a majority of the electors participating in said Referendum are in favor of amending the Charter of the City of Palm Beach Gardens, Florida. d. (Pa�e 325) Resolution 231, 2002 — Appointment to the Art Advisory Committee. Consideration of providing for the appointment of one (1) alternate member to the Art Advisory Committee of the City of Palm Beach Gardens. XL ORDINANCES: (For Consideration on First Reading) a. (Pa�e 335) Ordinance 49, 2002 — Special Events. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for an amendment to the City Code of Ordinances by repealing Section 78-187, "Special Events," of Chapter 78, "Land Development," and adopting a new Section 78-187; providing for codification; providing for conflicts; providing for severability; and providing for an effective date. b. (Pa�e 352) Ordinance 51, 2002 — Shell Gas Station PUD Amendment — Sign & Color Changes. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an amendment to the Planned Unit Development for the PGA Shell Service Station located at 4445 PGA Boulevard to allow color changes to the building elevations and new signage; providing for conditions of approval; providing for a waiver; providing for conflicts; providing for severability; and providing for an effective date. c. (Pa�e 370) Ordinance 52, 2002 — Sign Code Amendment Non- Commercial Messages. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for an amendment to the Palm Beach Gardens Code of Ordinances by amending Chapter 78 "Land Development," Article V, "Supplementary District Regulations," Division 6, "Signs," by adding Section 78-291 "Non-Commercial Messages"; providing for conflicts; providing for severability; providing for codification; and providing for an effective date. XIL ITEMS FOR COUNCIL ACTION: XIIL ITEMS FOR DISCUSSION: XIV. CITY ATTORNEY REPORT: XV. ADJOURNMENT In accoNdance tivith the Ame�icans tivith Disabilities Act and FZoNida .S'tatute 86.26, peNSOns tivith disabilities needing special accommodations to paNticipate in this pNOCeeding should contact the City CZeNk's DepaNtment, no ZateN than 5 days pNioN to the pNOCeeding at telephone numbeN (561) 799-4120 foN assistance; if heaNing impaiNed, telephone the FZoNida Relay .S'e�vice NumbeNS (800) 955-8771 (TDD) oN (800) 955-8700 (T�OICE), foN assistance. If a peNSOn decides to appeal any decision made by the Council, tivith Nespect to any matteN consideNed at such meeting oN heaNing, they tivill need a NecoNd of the pNOCeedings, and foN such puNpose, they may need to ensuNe that a veNbatim NecoNd of the pNOCeedings is made, tivhich NecoNd includes the testimony and evidence upon tivhich the appeal is to be basec� VI. CITY MANAGER REPORT: a. Mayors Golf Tournament Scholarship Presentation. CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING November 21, 2002 The November 21, 2002 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:00 P.M. in the Council Chambers of the Municipal Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida. ROLL CALL: The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Jablin, Vice Mayor Sabatello, Councilmember Russo, and Councilmember Delgado. Councilmember Clark had sent word he would arrive at approximately 8 p.m. ANNOUNCEMENTS / PRESENTATIONS: Citv Employee Poll Worker Reco ign'tion — Certificates of Appreciation were presented to employees who volunteered as poll workers during the recent election. Special Appreciation certificates were awarded to Melissa Prindiville and Mary Lou Babish for creation of an interactive precinct map for the website, and to City Clerk Patricia Snider for her excellent work. Teresa LePore, Supervisor of Elections was awarded a certificate of appreciation. Councilmember Russo requested that the Supervisor of Elections be formally requested to establish a voting center at Ba1lenIsles. ITEMS & REPORTS BY MAYOR AND COUNCIL: Councilmember Delgado reported she had attended the Palm Beach Gardens High School Homecoming; attended Florida League of Cities Legislative Conference in Orlando where a priority for legislative action to annex enclaves into cities was established; attended the annual dinner for Public Works employees; sponsored a reception for the golf tournament at Trump International; and met with Amara Shriners representatives. Councilmember Delgado explained the activities of the Amara Shriners. Vice Mayor Sabatello requested DOT be contacted to add signs along PGA Boulevard requiring trucks to stay in the right lane, to which the City Manager responded staff would research that possibility and report back to the City Council. Councilmember Russo commented with only one lane entering the turnpike, Thanksgiving traffic would create a crucial situation on PGA Boulevard, and requested a telephone call to DOT. Mayor Jablin recognized the government class from Palm Beach Gardens High School. CONSENT AGENDA: Councilmember Delgado made a motion to approve the consent agenda. Councilmember Russo seconded the motion, which carried 4-0. The following items were approved on the consent agenda: a. Resolution 202, 2002 — Holiday Banner at City ROW. Consideration for approving a Holiday Banner Program displayed on City rights-of-way and authorizing the Mayor and City Clerk to execute an ageement with Florida Power & Light (FP&L) for permission to utilize FP&L light poles. b. Resolution 201, 2002 — Parcel 8 Evergrene. Consideration for the approval of a site plan application for Parcel 8 with a total of 105 single-family units within the Evergrene PCD, located between Hood Road and Donald Ross Road. c. Resolution 159, 2002 — Landscape Mowing Equipment — Golf Course. Consideration for approving the lease-purchase of golf course turf equipment with western finance CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/21/02 2 and lease, Inc. by piggybacking GSA contract No. GS-07F-8722D. d. Resolution 205, 2002 — Mirasol Tent Special Event. Consideration of approving a special event within the Mirasol PCD to exceed the maximum duration in time provided by Section 78-187 of the City Code. e. Resolution 212, 2002 - Approve FPL Lighting — Burns Road consideration of authorizing the City Manger to enter into an agreement with Florida Power and Light for the installation of street lighting along Burns Road from Military Trail to Prosperity Farms Road. f. Resolution 211, 2002 — Voice/Data Cabling. Consideration of accepting the proposal from Structured Cabling Solutions, Inc. to provide Voice and Data Conduit and Cabling between The Municipal Complex and the Burns Road Community Center and authorizing the Mayor and City Clerk to execute an agreement. g. Resolution 210, 2002 — Ageement with Resource Group N.A. Consideration for approving a contract for Appropriation Lobbying Services with Resource Group N.A. h. Resolution 209, 2002 — Agreement with Beaumont Place Property Owner's Association regarding Uniform Traffic Control. Consideration for approving an agreement between the City and the Beaumont Place Property Owners' Association for Uniform Traffic Control on Private Streets and Roadways with the Beaumont Place Community. PUBLIC HEARINGS: Ordinance 27, 2002 — Text Amendment Development West of Urban Growth Boundary - An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, approving a text amendment to the Future Land Use Element of the City of Palm Beach Gardens Coinprehensive Plan Regarding Limited Development West of the City's Urban Growth Boundary; providing for codification in the Comprehensive Plan; providing for severability; providing for conflicts; and providing for an effective date — for consideration of second reading. Planner Natalie Wong presented the amendment. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 27, 2002. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Russo made a motion to place Ordinance 27, 2002 on second reading and to approve Ordinance 27, 2002. Councilmember Delgado seconded the motion, which carried by unanimous 4-0 Vote. The City Clerk read Ordinance 27, 2002 on second reading by title only. Ordinance 29, 2002 — Interim LOS Tables for School Concurrency - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for an amendment to the comprehensive plan of the City of Palm Beach Gardens by revising tables 11 A and 11 B of the Public School Facilities Element; providing for codification in the comprehensive plan; providing for severability; providing for conflicts; and providing for an effective date — for consideration of second reading. Growth Management Administrator Charles Wu presented the amendment. Councilmember Russo asked for information on how the recently passed law to reduce classroom size would affect the school concurrency ordinance. Mayor Jablin declared the public hearing open held on the intent of Ordinance 29, 2002. Hearing no comments from the public, Mayor Jablin declared the public hearing closed Councilmember Russo made a motion to place Ordinance 29, 2002 on second reading and to approve Ordinance 29, 2002. Councilmember Delgado seconded the motion, which carried by unanimous 4-0 Vote. The City Clerk read Ordinance 29, 2002 on second reading by title only. CITY OF PALM BEACH GARDENS REGULAR MEETING, 1 l/21 /02 3 Ordinance 41, 2002 — Waste Management Franchise Agreement Amendment - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, amending Ordinance 1, 2000 by amending the franchise agreement for solid waste, recycling and vegetative collection services with Waste Management Inc. of Florida to provide for the proration of disposal credits for newly constructed residential units; providing for severability; providing for conflicts; and providing for an effective date — for consideration of second reading. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 41, 2002. Hearing no comments from the public, Mayor Jablin declared the public hearing closed Councilmember Russo made a motion to place Ordinance 41, 2002 on second reading and to approve Ordinance 41, 2002. Councilmember Delgado seconded the motion, which carried by unanimous 4-0 Vote. The City Clerk read Ordinance 41, 2002 on second reading by title only. RESOLUTIONS: Resolution 206, 2002 — Gables Parcel A— Multi-Family Portion - Consideration for approving a site plan application for "Parcel A— multi-family" which includes 450 multi- family units within the Gables Planned Community District (PCD) located on the west side of Ronal Reagan Turnpike, south of Northlake Boulevard, and north of the Beeline Highway. Senior Planner Kara Irwin provided the staff presentation for the multi-family portion and for the single-family portion of Gables Parcel A. Henry Skokowski spoke on behalf of the applicant. Councilmember Clark joined the meeting during Mr. Skokowski's presentation. There was extensive discussion regarding intensity, drainage, preserve area walkway, and traffic concerns. Councilmember Clark made a motion to approve Resolution 206, 2002, with addition of a condition to require the petitioner to pay for a traffic light if justified by traffic warrant study. Councilmember Delgado seconded the motion, which carried by 3-2 Vote with Councilmember Russo and Vice Mayor Sabatello dissenting. Resolution 207, 2002 — Gables Parcel A— Single Family Portion. Consideration for approving a site plan application for "Parcel A— single-Family" which includes 194 single- family units within the Gables Planned Community District (PCD) located on the west side of the Ronald Reagan Turnpike, south of Northlake Boulevard, and north of the Beeline Highway. Councilmember Clark made a motion to approve Resolution 207, 2002; with deletion of condition 16 and addition of a condition to require the petitioner to pay for a traffic light if justified by traffic warrant study. Councilmember Delgado seconded the motion, which carried by 3-2 Vote with Councilmember Russo and Vice Mayor Sabatello dissenting. Resolution 203, 2002 — Parcel 31 — Old Palm Golf Club Parcel D. Consideration for approving a site plan to allow for the development of 110 semi-custom homes on Old Palm Golf Club Parcel D, located within the Old Palm Golf Club Planned Community District (PCD). Planner Natalie Wong presented the project. Councilmember Clark made a motion to approve Resolution 203, 2002. Councilmember Delgado seconded the motion, which carried by unanimous 5-0 Vote. Resolution 192, 2002 — Occupational License Equity Study. Consideration for establishing an Equity Study Commission to review the Occupational License Rate Structure and Classifications in Chapter 66 of the City Code of Ordinances and to make recommendations to the City Council for adjusting rates and classifications. Councilmember Clark made a motion to approve Resolution 192, 2002. Councilmember Delgado seconded the motion, CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/21/02 4 which carried by unanimous 5-0 Vote. Resolution 193, 2002 — Appointments for Equity Study Commission. Consideration of appointing six (6) businesspersons to the Equity Study Commission. Code Enforcement Supervisor Kelvin Wise presented a list of six recommended members. Councilmember Clark made a motion to approve Resolution 193, 2002. Councilmember Delgado seconded the motion, which carried by unanimous 5-4 Vote. Resolution 190, 2002 — Site Plan Amendment — Parcels 27.05/.06. Consideration for approving an amendment to a previously approved site plan far Parcel 27.05/.06 within The Regional Center Development of Regional Impact to allow the replacement of a 25, 000 square-foot, one-story retail building with one 26,000 square-foot two-story office building and one 9,989 square-foot single-story office building. Planner Jackie Holloman presented the project. Ryan Johnston, Catalfumo Construction, answered questions on behalf of the petitioner. City Forester Mark Hendrickson clarified the proposed landscaping. Councilmember Clark made a motion to approve Resolution 190, 2002. Councilmember Delgado seconded the motion, which carried by unanimous 5-0 Vote. ITEMS FOR COUNCIL ACTION: Accept the resignation and termination of contract between Watterson & Hyland, P.A. and the City of Palm Beach Gardens — City Attorney Len Rubin advised the termination would be effective as of March 4, 2003, and that no action was required by the City Council. ITEMS FOR DISCUSSION: Workshop — Clear Channel Billboard Proposal - Planner Brad Wiseman presented the proposal. City Attorney Len Rubin clarified the changes proposed to code regarding billboards. Mayor Jablin suggested engaging FEC Railroad because of their aggressive leasing in their right-of-way. Greg Hays, Clear Channel representative, indicated the applicant would be ageeable to limit exposure to certain areas on I-95 and the turnpike. Charter Review — City Manager Ron Ferris presented proposed changes to the charter, as well as additional items that could be changed by ordinance. The City Manager indicated that he and staff felt an in-house attorney would be preferable. Concern was expressed regarding educating the public on the referendum issues. Mr. Ferris announced that staff was prepared to launch a promotional campaign to inform the public as to what they would be voting on in a referendum. Discussion ensued regarding granting more power to the City Manager, and whether the City attorney should be in-house or outside counsel, and hired and fired by the City Manager or by the City Council. Direction to staff was to bring back the proposed changes on first reading and for the Councilmembers to decide their positions on the items in question between now and first reading. Fuel Tank Issue - Councilmember Russo expressed concern that there were aboveground fuel tanks on the Blood Bank property. Growth Management Director Charles Wu indicated that in the future, such out-of-the-ordinary items on site plans would be brought to attention during the review process. CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/21/02 ADJOURNMENT: There being no further business to discuss, the meeting was adjourned at approximately 10:30 p.m. APPROVAL: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO ATTEST: PATRICIA SNIDER CITY CLERK CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: 12/04/02 Meeting Date: 12/19/02 Resolution: 221, 2002 Subject/Agenda Item: Consideration of Resolution 221, 2002, an agreement with Bellsouth to upgrade the City's Telephone System [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: $ 23,679.84 Council Action: Police (Total) City Attorn [ ] Approved $ 23,679.84 [ ]Approved w/ Finance � conditions Cunent FY [ ] Denied Advertised: Funding Source: [] Continued to: Date: [ X ] Operating Attachments: Schedule for the purchase [ ] Other of Bellsouth equipment and/or service. Master Agreement of Bellsouth 98A002850. Paper: Submitted by: � [ ] Not Required ��Gc�f.��-- ��— Departrnent Director Affected parties Budget Acct.#: 001-1000-521.6400 Approved by: [ ] Notified [ ] None City Manager [ ] Not required Date Prepared: 12/04/02 Meeting Date: 12/19/02 Resolution: 221, 2002 BACKGROUND: The City's current telephone switch is near capacity in its current configuration, upgrading the telephone system with current technology will provide growth within the city complex and also to outlying sites. The current voice communication system at Burns Road Community Center (BRCC) is not capable of providing adequate service to employees and does not allow BRCC employees access to the City's owned telephone and voice mail system. To resolve this problem we are planning on extending voice services from the City complex (10500 N. Military Trail) to BRCC at 4404 Burns Road. This will allow and include BRCC employees access to the existing city complex telephone and voice mail system using Voice Over Internet Protocol. All BRCC employee telephone re-occurring costs, paid to outside vendors, can be eliminated. This upgrade will provide the foundation to expand telephone and voice mail services to Public Works, Riverside Recreation Center and other outlying sites. Be1lSouth is upgrading the telephone system in accordance with the master agreement # 98A 002850, executed with the City of Palm Beach Gardens on September 21, 1999. MISC / OTHER Voice Over Internet Protocol (VoIP) represents the next generation in communication services by sending voice over your data network. By moving voice services to the data network, we eventually eliminate a separate, managed voice infrastructure and dramatically reduce the cost of telephone moves, add and changes in the future. STAFF RECOMMENDATION: Staff recommends approval of agreement with Bellsouth to upgrading current telephone system to provide future growth and improve communication capabilities for $23,679.84. " • RESOLUTION:221,2002 CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 221, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, ACCEPTING A PROPOSAL FROM BELLSOUTH TO PROVIDE EQUIPMENT AND INSTALLATION FOR THE UPGRADING OF THE CITY'S TELEPHONE SYSTEM AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WiTH BELLSOUTH; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in September 1999, the City entered into a Master Agreement for Purchase of Equipment and/or Services with BeIlSouth; and WHEREAS, BeIlSouth has submitted a proposal in the amount of $23,679.84 for upgrading the City's telephone system, including equipment and installation; and WHEREAS, the City Council determines that the approval of this proposal is in the best interests of the residents and citizens of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council hereby accepts the proposal for telephone system upgrade submitted by BeIlSouth in the amount of $23,679.84, attached hereto as Exhibit "A" and incorporated herein by reference and authorizes the Mayor and City Clerk to execute all documents necessary to effectuate said agreement. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution sha�l become effective immediately upon adoption. -1- RESOLVED, ADOPTED AND APPROVED THIS DAY OF , 2002. ATTEST: PATRICIA SNIDER, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD G. RUBIN CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO MAYOR JABLIN AYE NAY ABSENT -2- Date Prepared: December 4, 2002 Meeting Date: December 19, 2002 Resolution: 221, 2002 EXHIBIT A -3- ' ���� Schedule For The Purchase Of Q�FLLS4UTH � Equipment And/Or Service Customer Name Customer Location Agreement CITY OF PALM BEACH GARDENS 0000053696 0000001 98A002850 Installation Equipment Order Maintenance Order 10500 NO. MILITARY TRAIL 51557011 51557012 City, State, Zip Quote WEST PALM BEACH, FL 33410 YMLWBBL021104070110 ❑ Refurbished Customer Reference Customer Initials (For Informational Purposes Only) Except As Otherwise Noted Warranty Length Months Type: Full (FWS) Depot (DWS) Qty Equipment Description 10 INTERNET TELEPHdNE SOFTWARE PARAMETER (SMALL SYSTEM) 1 " INTEGRATED ITG 2.0 1/O PANEL MOUNTWG CONNECTOR 1 I " INTEGRATED ITG 2.0 ELAN TLAN �I RS232 PORT CABLE 1 (" MERIDIAN IP TELEPHONY GATEWAY (ITG) LINE SW CD-ROM 2 I' 12050 SOFT PHONE CLIENT PKG NALOG EXTENTIONS ISM 2 I " USB AUDIOKIT 1 ' MERIDIAN INTERNET TE�EPHONY GATEWAY (ITG) IINE 2.0 LINE CARD 2 I ` 12004 INTERNET TELEPHONE BOXED PACKAGE 4 `INTERNETTELEPNONE SOFTWARE PARAMETER (SMAIL SYSTEM) 1 I' PC MAINT. CABLE 1� IOPTION 11C EXPANSION CABINET AC X I X I I X 1 X Totai Equipment Price 906.50 I 0.00 0.00 o.00 0.00 0.00 0.00 0.00 0.00 0.00 958.30 Maintenance No. of Price Per Service Type Units/ Un1U Fu11=FMS Station/ Station/ Depot=DMS Ports Ports FMS I 0 I 0.00 FMS I 0 ( 0.00 FMS I 0 ( U.00 FMS ( 0 I 0.00 FMS I 0 I 0.00 FMS I 0 I 5.08 FMS I 24 I 4.00 FMS I 0 I 0.00 FMS I 0 I 0.00 FMS I 0 I 0.00 FMS I 0 Extended Price reduced by prorated maintenance tenn for products under warranty. arESD Rev. 10 Page 1 Total ntena Price 1, U.00 0. 121. 0.00 0.00 d Qty 1 1 1 1 1 1 6 1 1 1 1 6 1 1 1 1 1 10 1 Except As Otherwise Noted Warranty Length Months Type: Full (FWS) Depot (DwS) EQuipment Description POWER SUPPLY CABLE ' FIBER RECEIVER CARD (30 FT) ` EXPANSION CAB. CABLE KIT ` CABLE-33FT PLASTIC FIBER (11E/11C) I ' GROUND BAR � MAT5/6 UPG TO OTM 1.2 ENHANCED- SERVER IICENSE - 50 SETS OTM 1.0 ENHANCED, MAT UGRADE, 50 SETS EXPANSION OTM BILLING 2.X GENERAL, MAT UPRADE MM TO CA�LPILOT MIGRATION PKG �CALLPILOT 1.07 NEW SYSTEM ORDERING CODE CALLPILOT 2.0 IPE BASE SYSTEM MM 2 FL SRVC VOICE PRTSTO CLPLT 2 VOICE CHNLS,140 MLBX MIG CALLPILOT 2.0 FOR M1 INTEGRATION SW INLINE POWER PANEL 24 PORTlAC ONLY CATALYST 2950, 24 101100 WITH 2GBIC SLOTS, ENHANCED IMAGE ICISCO POWER CORD AC ,110V 1000 BASE-SX SHORT WAVELENGTH GBIC MULTIMODE ONIY t2004 SET W/0 POWER SUPPLY (EG) MM TO CALLPILOT MIG BONUS 20 DESKTOP LICENSES I X I X I X I X I X I X I X ( X I X I X ( X I X I X I X I X I x I X X X X X x X X X X X X X I x I Total Equipme�t Price 29.s1 0.00 0.00 0.00 0.00 402.89 0.00 726.71 37.26 0.00 s,�os.os 0.00 0.00 2,236.02 1,696.60 0.00 340.00 2,981.40 0.00 Maiotenance Service Type Fu11=FMS Depot=DMS I FMS I FMS I FMS ( FMS I FMS I FMS I FMS I FMS I FMS I FMS ( FMS I FMS I FMS I FMS I FMS I FMS � FMS ( FMS � FMS No. of i Units/ ISWtionl Ports I 0 I Q 0 0 0 0 ' U 0 0 0 0 '� o 0 0 'I 0 0 I I p 0 ' 0 Price Per Unit/ Station/ Ports I O.U( I 0.0( ( 0.0C 0.0C 0.0( O.00 I O.OL I 0.0C � 0.5f I 0.0( I118.3E � OAC I 0.0C � I 39.4f ( 0.0( I 0.0C I OAC I O.Of I 0.0( Extended Price reduced by prorated maintenance term for producks under wazranty. arESD Rev. 10 Page 2 Total ntena Price a 0.00 0.00 0.00 Except As Otheiwise Noted Warranty Length Months Type: Full (FWS) Depot Maintenance No. of Price Per �DWS� Total Service Type Units/ Unif/ ToWI Equipment Fu11=FMS Station/ Station/ Maintenance Qty Equipment Description Equi Install Price Depot=DMS Ports Ports Price 24 ` 12004 INTERNET TELEPHONE 0.00 NONE 0 0.00 0.00 USER GUIDE - 1 PER PKG ( I I 1 I " READ ME FIRST DOCUMENT ( ( ( 0.00 I NONE I 0 I O.00I O.00I � �� 11 ClMINI} IP STARTER KOT T I X( X( 0.00 I NONE ( 0 I O.00I O.00I ( �( CD R ELEPHONY GATGEWAY NTP I I I 0.00 I NONE I 0 I O.00I O.00I I 1� K TTIOIV 11C�0 FOQT EXPANSIOfV � X+ X I 266.19 + NONE ( 0+ 0.00� O.00I I I I I� I ORD R CODEILOT RTU TRANFER I X I X I 0.00 I NONE I 0( O.00I O.00I i SO f KITT1 2 HOUR ND IP TELEPHONY I X I X I 0.00 ( NONE I 0( O.00I O.00I I I I 1 I I I I I I I I I ctended Price reduced by prorated maintenance term for products under wacranty. Page 3 Equipment/Services Payment Maintenance Payment Installa6on $6,222.84 Total Monthly $2gq.55 Cash Maintenance Customer Initials ❑ Monthly Shipping $167.26 Charge / Exduding Taxes % With Order ❑ Annually Total Price $23,679.84 Total Number 12 % At Delivery of Months ❑ Quarterly Exdudin Taxes (MaiMenanceTerm) �o At Cutover Telephone Color $3,174.60 Lease Customer initials � � (a►PP��es to all telephones unless Estimated Maintenance Service otherwise noted in the equipment Tofal Cutover description.) Maintenanoe Date Commencement Date Char e 9 Lease ID # Customer Initials Additional equipment may be required to increase line/station size in ezcess of the equipped capacity as shown above, up to the system's maximum capacity. Exempt ❑ Yes Maintenance Service Electrical Damage Repair ❑ No After Warranty 5ervice for Key Systems Onty ❑ Accepted � Accepted � Declined ❑ Declined Tax Exempt Ce�tfication Number Customer Initials Customer Initials Persuant to the terms and conditions of the Agreement referenced above, Customer agrees to purchase and Be1lSouth Communication Systems, LLC agrees to provide Equipment and/or Services described in this Order. This Order shali automatically incorporate therein all the terms and condirions of the agreement, and any and all terms and conditions on any Customer order forms, purchase orders or other Cusiomer documents shall be deemed deleted. If G�stomer elects the "Lease" option and for any reason the lease is not finalized Customer agrees to pay "Cash" per Be1lSouth's then standard payment terms for the Equipment and/or services covered by this order. Payment for Installation Services is due upon compietion of the Installation Services and invoicing to the Customer. If the Implementation of this Order is delayed, by no fault of Be1lSouth, sixty (60) or more days from the original agreed Implementation date, or if there is no agreed date, for ninety (90) or more days from the acceptance of the Order by BellSouth, BellSouth will have the following options: (i) revise the Total Equipment Price to reflect then current Be1lSouth pricing, (ri) require payment for Equipment deliveied and Services performed to that time, or (iii) cancel the Order and collect reasonable termination charges, including manufacturer's restocking charges plus non-recoverable materials and labor expended and lost margin. Gustomer ey Be1lSouth Gorinmunication 5ystems, LLG By: BeIlSouth Business Systems, inc. Accepted by: By Author¢ed Signature Date Author¢ed Signature Date Name (Type or Print) TiUe Name (Type or Print) Title � Extended Price reduced by prorated maintenance term for products under warranty. � arESD Rev. 10 Page 4 YMLWBBL02 1 1 04070 1 10 � 0 CITY OF PALM BEACH GARDENS Serving your location at: Shipping Address 00000536960000001 ]0500 NO. MILITARY TRA1L 10500 NO. MILITARY TRAIL WEST PALM BEACH, FL 33410 WEST PALM BEACH, FL 33410 Contnct: ERNiE CARR Peripheral Detailed Maintenance Quote Product ID Description Covered Equipment 866431 INTERNET TELEPHONE SOFTWARE PARAMETER (SMALL SYSTEM) 826464 ' INTEGRATED ITG 2.0 I/O PANEL MOUNTING CONNECTOR 826490 ' INTEGRATED ITG 2.0 ELAN TLAN RS232 PORT CABLE 828761 ` MERIDIAN IP TELEPHONY GATEWAY (ITG) LINE SW CD-ROM 829906 ' 12050 SOFT PHONE CLIENT PKG NALOG EXTENTIONS ISM 829907 ` USB AUDIOKIT 835865 ' MERIDIAN INTERNET TELEPHONY GATEWAY (ITG) LINE 2.0 LINE CARD 865898 ` 12004 INTERNET TELEPHONE BOXED PACKAGE 866431 ' INTERNET TELEPHONE SOFTWARE PARAMETER (SMALL SYSTEM) 880558 ' PC MAINT. CABLE 837143 OPTION 11C EXPANSION CABINET AC Coverage Maintenance Extended Type Qty Po�"�S Price Price SW SY SY SW SW EQ SY SY SW SY SY 10 0 1 0 1 0 1 0 2 0 2 0 1 24 2 0 4 0 1 0 1 0 0.00 0.00 0.00 0.00 0.00 5.08 4.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 121.92 1,152.00 0.00 0.00 0.00 0.00 Prepared By JOSEPH F INGARRA Quote is valid until 1/3/2003. Quote Name CITY OF PALM BCH GARDENS WITH CP YMLWBBL02ll04070110 The information contained in this proposal is proprietary to Be1lSouth and is offered solely for the purpose of evaluation. It may not be disclosed to third parties without prior written permission from BellSouth. arMD Rev. 6 � � Page 1 � Peripheral Detailed Maintenance Quote Product ID Description 795504 POWER SUPPLY CABLE 880509 "` CABLE-33FT P�ASTIC FIBER (11E/11C) 831122 "' GROUND BAR 862801 " FIBER RECEIVER CARD (30 FT) 850120 ' EXPANSION CAB. CABLE KIT 829561 MAT5/6 UPG TO OTM 1.2 ENHANCED- SERVER LICENSE - 50 SETS 835607 OTM 1.0 ENHANCED, MAT UGRADE, 50 SETS EXPANSION 835609 OTM BILLING 2.X GENERAL, MAT UPRADE 832086 MM TO CALLPILOT MIGRATION PKG 865529 CALLPILOT 1.07 NEW SYSTEM ORDERING CODE 832099 CALLPILOT 2.0 IPE BASE SYSTEM 832079 MM 2 FL SRVC VOICE PRTSTO CLPLT 2 VOICE CHNLS,140 MLBX MIG 832090 CALLPILOT 2.0 FOR M1 INTEGRATIOfV SW 837870 INLINE POWER PANEL 24 PORT/AC ONLY 869041 CATALYST 2950, 24 10/100 WITH 2GBIC SLOTS,ENHANCEDIMAGE 823489 CISCO POWER CORD AC ,110V 828145 1000 BASE-SX SHORT WAVELENG7H GBIC MULTIMODE ONLY 838639 12004 SET W/O POWER SUPPLY (EG) 832081 MM TO CALLPILOT MIG BONUS 20 DESKTOP LICENSES Coverage Type Qty SY 1 SY 1 SY 1 SY 1 SY 1 SW 1 SW 6 SW 1 SW 1 SY 1 EQ 1 SW 6 SY 1 EQ 1 SY 1 SY 1 SY 1 ES 10 SW 1 Maintenance Ports price 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 0 0.55 0 0.00 0 118.38 0 0.00 0 �.00 0 39.46 0 0.00 0 0.00 0 0.00 0 0.00 0 0.00 Extended Price 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 6.60 0.00 1,420.56 0.00 0.00 473.52 0.00 0.00 0.00 0.00 0.00 Prepared By JOSEPH F INGARRA Quote is valid until 1/3/2003. Quote Name CITY OF PALM BCH GARDENS WITH CP YMLWBBL02 1 1 04070 1 1 0 The information contained in this proposal is proprietary to BeIlSouth and is offered solely for the purpose of evaluation. It may not be disclosed to third parties without prior written pertnission from Be1lSouth. arMD Rev. 6 � � Page 2 e Peripheral Detailed Maintenance Quote Product ID Descriptiorr Non-Covered Equipment 828963 ' 12004 INTERNET TELEPHONE USER GUIDE - 1 PER PKG 828950 ` READ ME FIRST DOCUMENT 866237 ' IP TELEPHONY GATGEWAY NTP CD R 832085 MM TO CALLPILOT RTU TRANFER ORDER CODE Coverage Maintenance Extended Type Qty Ports price Price NC NC NC NC 24 0 1 0 1 0 1 0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Prepared By JOSEPH F INGARRA Quote is valid until 1/3/2003. Quote Name CITY OF PALM BCH GARDENS WITH CP YMLWBBL021 104070 1 10 The infottnation contained in this proposal is proprietary to BellSouth and is offered solely for the purpose of evaluation. It may not be disclosed to third parties without prior written permission from BellSouth. arMD Rev. 6 V � Page 3 � s � � j � Maintenance Summary Maintenance Description SY ES SS EQ LA SW Payment Option Monthly Billing Contract Length 12 Number of Ports 24 Total Maintenance $3,174.60 Minimum Maintenance $0.00 Upgrade Amount $0.00 Maintenance Subtotal $3,174.60 COPPER MAINTENANCE CO Payment Option Factor Total Maintenance Monthly Maintenance 1.00 $3,174.60 $264.55 Prepared By JOSEPH F INGARRA Quote is valid until 1/3/2003. Quote Name CITY OF PALM BCH GARDENS WITH CP YMLWBBL021 ]04070110 The information contained in this proposal is proprietary to Be1lSouth and is offered solely for the purpose of evaluation. It may not be disclosed to third par[ies without prior written permission from BeIlSouth. arMD Rev. 6 � � Page 4 MASTER AGREEMENT FOR PURCHASE � ; OF EQUIPMENT � Ic neeQs of individual items ol Ne Equipment and unscheduled, orrcail remedial mainte- nance tluring warrenry coverage. Warranry Service wi�� Include adJustments and replace� ment ol Darts deemed necessary Dy 6eIlSouth. Replacement or additional pans and Equipment may be ei�her new or reconditioned arW equivatent b new in peAormance. Replacement Equipment wiil be furnished on an excha�ge basis, and the replaced Ilems become Ihe propeAy o18eIlSouth. (b) Response Times lor Full Warranry Service for Equipment: BeIlSoulli will use reason- able e8arts lo respond to Customer's request Iw Wartanty Service �or a Major Failure within Mro (2) hours, Mrenry•lour (24) taurs a day, seven (7) days a week, from ihe time BeIlSoulh first receives Customets repuesL With respecl to a Mirar �FaiWre, BeIlSOUIh will use rea- sonable ellals to resporW to Customels request la Warrany SerWCe dudrg BeIlSOUth's regular xrorking hours, MoMay tArough Friday, exGuding twliAays observed bY 9eIlSoulh, wilhin eight (8) busircess hours Irom the time Be1lSouth lirst receives Ihe Customers requesl lor Warranry Servic6. BoIlSoulh will complete all warranty Service as promplty as reasorr ably practicabie. (c) Depot Service ("DWS"�: OeIlSOUth will reptace de�ective Equipment on an excharge basis. Cuslomer agrees to return deleclive Equipment to BeilSOUth tor depot service within three (3) days after receipt ol replacemenl Equipment from BeIlSouth. II BellSouth has not received such delecdve Equipment within ten (70) days atter deAvery to Customer ol Ihe replacement Eduipmenl, Customer agrees lo pay lor tAe replacement Items. Upon Customer request, BeIlSouth will provide, wilhin BeIlSoulh's servke areas, on-site service arM Customer agrees to bear lhe cost ol all labor, travel and miscellaneous materials. 14. InsWllation -(a) If ordered by Customer and it Customer agrees lo pay appiicable inslalWtion charges, BeIlSouth wiil InsiaA Ihe EquipmenL Customer agrees to provide, In a timely manner, Cuslomer design inlormation, a suilable insWllalion environment, access, and elecVical ard communiwGons connections as slated in any applicable BeIlSouth instal- lation manual, or as�olhenvise specilied�by�BellSouth. BeIlSouth will make reasonable ellorts to meel lhe date br insUilation set totlh on the Order, and will ratily Customer as soon as practicable of any delay. Customer agrees lo rwtity BeIISaN� as prompUy as prac- ticable il Customer requ'ues postponement al any instalialion. If Customer ar Equipment specificalions require non-standard vnring or olher work, Cuslomer will incur addi�ional inslallation charges. (b) Each item ol Equipment purchased under this Agreemenl will be installed as speci- lied by BeIlSouth and the Equipmenl manulacturer. If Ihe Equipment is not to be instailetl by BeIlSouth, Customer warrants that all Equipment is to be installed by Customefs manulac- turer certilied employces at its premises and is rwt lor resale. 15. Maintenance Service •(a) II elected by Customer, BeIlSoulh will provide Maintenance Service for Equipmeni, pursuant to ihe terms and conditions herein. (b) The terms and conditlons ot paragraphs 13 (a) and (b) shall apply to Fuil Mainlenanca Service ('FMS� and those of 73 (c) lor Depot Maintenance Service ('DMS�. 11 equipment is rrot under a BeIlSouth warranty or anolher BeIlSoulh mainlenance service agreement at the lime Maintenance Service is ordered hereunder, or il additional items are added by Cuslomer or a third party, BeIlSouth wiil inspecl the equipment arxl peAorm any necessary repairs ai Be1lSouth's Ihen currenl raies �or mileage, labor, and materials. Chargos iw lodging, subsislence, and transportation will apply depending upon Customels distance Iram C;eOSoulh's local service center. (c) Mainlenance Service char9es will be se� lorlh in ihe applicablo Order. Unless other- wise set lonh in �he Order, the Total Maintenancn Chargo is an annual charge payabb in monthly installmenls. II al any Gme addilional equipment is added W ihe original Equipment, a new prorated charge computed at BeI1SouIh's then curreN rates will ba added to the To1a1 Maintenance Charge lo rellect the addilionai eQUipmen� being serviced, subjecl lo para- graph 11 (a) and 15 (b) above. For mulli•year Orders, lhe Tolal Monlhly Maintenance Charge may be increasetl annually during Ihe Torm ol Mainlenance Service by an amoun� no greater than Ihe percentage increase in ihe Consumer Price Iritlez over Ihe previous year. Customefs payment is due upon receipl ol BeliSouth's invoice(s). . (d) For key system maintenance onty, lhere is a minimum charge for seven statans at �he agreed rale, even if �he key system in question con�ains �ewer Ihan seven slations. i6. Term of Maintenance Service -(a) The term of ihe Maintenance Senice. if eiected, shall begin on either (i) ihe day IoAOwing lhe last day ol lhe warranry period for Ihe appiica- ble Order, or (ii) lor Equipment rrol covered by Warranry Service or a Maintenafxe Service agreement at Ihe lime Maintenance Service is ordered, lhe day fotlowi�g Ihe complelion ol the necessary repairs as described in paragraph 15 (b) above. (b) THE INITIAL TERM FOR MAINTENANCE SERVICE SHALL BE ONE (1) YEAR UNLESS OTNEFiWISE STATED ON THE ORDEF. THE INITIAL TERM SHALL BE AUTO• MATICALLY RENEWED FOR SUCCESSIVE TERMS OF ONE (1) YEAR EACH AT BELI- SOUTH'S THEN CURRENT RATES. EITHER PARTY MAY ELECT NOT TO iiENEW THE MAINTENANCE SERVICE AGREEMENT BY GIVING THE OTHER PARTY WRITTEN NOTICE AT LEAST THIRTY (30) DAYS PRIOR TO THE END OF TME THEN CURRENT TERM. AND/OR SERVICES 17. 7ermination of Maintenance Service -(a) Eilher paAy may terminate Maintenance Service prior to Iho end ol Ihe agreod term wilhoul liabilily only II the olher parly lails lo per- lorm or observe any material terms or condilions of Ihis Agreemeni and such Iaiiure conlin- ues unremedied lor a periotl ol Ihirty (30) tlays alter wrillen notice Irom lhe complaining parly. Cus�omer acknowledges Ihat maintenance pricing is based upon a fi:ed term which may at limes be paid in Installmo�is. Due to the nature ol remedial mainlena�e, it Is rrol possible to calculate loss or damage due Io early Ierminalion. Customer and Ba11Sou�h agree Ihat if BeIlSouth terminates Maintenance Service under ihis paragraph, or if Cuslomer lerminales Mainlenance Service olher ��an in compliance wilh this paragraph, then BellSouth shail be enlitled to collecl 70% ol ihe amount o� Ihe maintenance payments due lor Ihe remainder of �he term ol Iho maintenance Ortler. (b) Mainlenance Service shall automalically Ierminale ii Customer becomos insalvenl or makes an assignmant tor Ihe be�elit ol cretlilors, or il any Insolve�y proceeding is ini6a�ed by or against Customer. 18. Key Sysiem Electrical Damage Fepair Service -(a) WNERE AVAIIABLE, AND IF ELECTED BY CUSTOMEfi, CUSTOMER AGREES TO PAY A PER STATION RATE IN ADDITION TO NORMAL MAINTENANCE RATES DURING THE WARRANIY AND MAIN- TENANCE PEHIODS, AND BELLSOUTH WILL EXTEND MAINTENANCE TO COVER REPAIR OFi REPLACEMENT OF ALL BELISOUTH PROVIDED KEY SYSTEM AND KEY SYSTEM RELATED EOUIPMENT COVERED HEREUNDER WHICH IS DAMAGED BY A LIGHTNING STRIKE Ofl ELECTiiICAL POWER SURGE. THIS SERVICE WILL BE AUTO- MATICALLY RENEWED AT THEN CURRENT RATES AS LONG AS A VALID MAINTE- NANCE ORDER IS IN EFFECT. THIS SERVICE IS ONLY AVAIIABLE WITH WARRANTY OR MAINTENANCE SEFVICE AND CANNOT BE PURCHASED SEPARATELY. (b) In ail siluations involving damage to BeIlSouth provided key system or key syslem reWled Epuipment due to lightning or power surges, provided ihe Eleclrical Damaga Repa'a Sorvice oplion has been inwked, BaIlSouth's SOLE AND EXCLUSIVE LIABIIITY win ba repalr w reD�acoment ot 1he damage0 Equipmenl with OeIISou1h providod Equipment. In fm event will Iho cosls excood Ihe currant markot valuo al tho damagod kay system and koy syslem related Equipmenl providetl by BeilSOUI�. 19. Warranty and Maintenanco Scrvice Exclusiona - Bo11Sou�h shali respond Io any service call requestod by Cuslomor, �owever, Cus�omor acknowladgvs Ihal Warranry and Mainlonance Services do rwt cover damages to w lailure ol Ihe Equipme�t or incraases in serviw timo roSUlting Irom causos o�her Ihan the rwrmal wear antl toar ol Ilie Equipmont including, bu1 rwt limited lo, misuse or negligent opuratbn of ihe Equipment, accidonl. IheN, unexplained loss, lighlning, elocUical power surge, liro, Ibod, wuitl, acis ol Gal, laiiure ol S 75 51!1P 98A 0020.50 �ustaner to maintain a proper operaUng ernuonment, or repair, relocation or xlleralion ol the Equipment Dy anyone other Nan BeIlSouth or ils designated agents. Warranty and Malntenanee SeMCes Oo not cover any CusWmer provNed cable or equlpment unless slal- � ed on Ihe Order or o�herwise apptoved In wriUfg by BeIISOU�h. My site vkits or repalrs necessiuted by any ol these excepted wuses made by BeIlSouth shall be at the sole e�ense ot Customer, and Customer agrees to bear lhe cosl ol all labor and materWis at Be1lSoulh's fhen current rales. 20. Remedies and Damagas LImlUdona - The Iollowing IimitaUons ol liabiliry represent a material inducement to itre pa�ties lo enter into lhis Agreement and to peAorm Orders at the staled prke. If additional risks or underlakings were conlemplated by BellSoulh, lhey wp�ld Mve been refleeted in an Increased price. In contempWtion of the price, Customer acknowledges Ihat tl�ere is consiCeralion lor the Iimitalion ol damages arW remetlies set larth above and as IWbws:� �� ' (a) NEITHER OELLSOUTH, NOR ITS SUPPLIERS OR MANUFACTURERS, SHALL BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, ECONOMIC. OR INDIRECT DAMAGES, INCIUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF DATA, TOLL FRAUD OR OTHER UNAUTHORIZED USE, OR LOSS OF USE, WHETHER ARISING IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, WHETHER OR NOT THEY OR BELLSOUTH HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING. CUSTOMER'S EXCLUSIVE REMEOY_FOR ANY DEFAUIT OR BREACH OF ANY WARRANTY, EXPRESSED OR IMPLIE�, SHALL BE LIMITED TO REPAIR OR REPLACEMENT OF E�UIPMENT AT BELLSOUTH'S EXPENSE, OR RETURN OF THE DEPRECIATED AMOUNT PAID IF REPAIR OR REPLACEMENT IS NOT REASONABLY AVAIIABIE, AT BELLSOUTH'S SOLE ELEC- TION. (b) This limitation of IiabiGry appiies with equal lorce and eflect to all subsepuent Services performed or Equipment provided by BellSouih. (c) In the event ihat a wuA of competenl jurisdiction should hold ihal Ihe b�egoing limi- Wlions ol IiabiliGes or remedies available, a any portions thereot, are unenlorceable Iw any reason, Cuslomer e�ressly agrees that under no circumstances shall the total liability ol� BeIlSouth to Cuslomet exceed the lesser ol E50,000 or the vatue ol Ihe Equipment ar Services provided by BeIlSoulh pursuant to the particuWr Order giving rise to such liability. (d) BeIlSouth and Customer each agree to waive all rights ot subrogatlon against ihe olher. 21�. De(aNt by Customer - Upon any delaWt by Customer under ih(s Agreement, includ- ing tlie relusal to accept conformirn� Equipment, Be1lSoulh may exercise all remedies to which BeIlSouth may be entitled at law or in equity, including specilic perlormance. Additionalty, BeIlSoulh may dedara all sums due or to become due hereunder Immediately due and payable, arM BeIlSouth shall be entitled to recover all coilection costs incurred, intluding legal interest. In addi6on, for payments not received within �hirty (30) days ol the invoice date, a lale lee not exceeding the tower ol 2% per mont� or Ihe maximum rate albwed by law shall be assessed on any past due inwice balance. BeIlSoulh shall nol be obligated to peAorm services hereunder II Customer is in default of any of ils obligations under this Agreement lor any Order. Upon Customer delault, BeIlSouth may suspend ar cancel any outsWnding unlullilled Orders without In any way aflecting its rights under this Aqreement. 11 BeIlSout� elecls to coMinue perlorming under any Order, BellSouth's aclions shall rat constitute a waiver ol any default by Customer. 22. Contingeneies - BeIlSouth shall be excused Irom pe�lormance and shall not be liatle for any delay or damage caused, in whole or in part, by any acurrence beyond the reasonable control eilher ot BeIlSouth or ol Its subconVadors or suppliers. Such contingen- cies fnclude, without limitation, war, civll disabedie�e, tlelay in lransportation, lailure by suppliers to deliver Equipment, govemmenlal action, aGS of any ihird party, tabor dispute, accident, l'ue, explosbn, Ibod, severe weather or other ects ot Gad, power laiture, shortage ol labor or materials, or discovery o� asbestos or oUrer hazardous subsWnca. 23. Noticas - Ezcept as otherwise provided herein, any nolices or demands shall be given in wri6ng by hand delivery, receipled delivery service, cerli(ied mail, or registered mail, with poslage or charges prepaid and addressed as sel �orth in this Agreement. Such notkes shall be deemed lo have been gh+en when sent. Addresses may be changed a� any time Dy givirg Nury (a0) days' prbr wrttten rwtice as above. 24. Patent and Copyright Indemnity -(a) It any Equipment or Soflware furnished under lhis Agreement (olher Ihan Equipmenl or soltware provided 'AS Is'� infrirges any Unilad Sutes patenL Uademark, copyright w trade sacret and a claim or suil is brought against Customer on that aarount, BeIlSout� agrees to defend or seple any such claim or 5ui1 at BeIlSoulh's exponse. Be1lSouth will also pay all damages and cosls lhal by linai �utlgement are assessed against Customer due lo such inlringement. (b) BeIISou1h's obligation as sei IoM in this paragraph is expressiy conditionod upon Ihe following: (1) Ihat BellSouth shall be notilied prompUy In writing by Customer of any claim or suil ol which Customer is aware; (2) that BeIlSouth shall have sole control ol lhe tlelonse or se111ement ol any cWim or suil; (3) Ihat Customer shall cooperate wilh Bel�South in ail rea- sonabie ways to facilitate ihe setliement or delense ol any claim or suit; arM (4) Ihat Iha claim or suil does rwt arise Irom Customer rtrodifications, or hom combinations ol produc6 provided by Be11So�lh wi�h producls provided by Customer or olhers, or Irom Customers use ol such praducls oltrer Ihan In accordance wilh Ihe appliwble menufaclurer's specilica- tions. (c) II any producl becomes, or In BeIlSoulh'S opinion, Is likely Io become Ihe subjecl ol a clalm ol iniringeme�t, BeliSouth will, at Its optton: (1) prxure lor Customer lhe right to con- linue using lhe applicable product; (2) repWCe Ihe product with a non-Inlringirg product sub stantially complyirg wilh the producfs specilicalio�s; or (3) modily iha protluct so it becomes non-intrirgirg and peAorms in a substantiatty similar manner to Ihe original producl. (d) If neither opGons (c)(t), (2) or (3) above are nol reasonably available lo BeIlSoulh, then BeIlSoulh may elect insleatl Io retum the price paid la the purchased Equlpmenl or Ihe one Gme �ee paid lor Ne licensed SolM1vare which is in eiiher case Ihe subjecl ot po�enlial sub�ect of an inlringement cl�im, as then depreciated based on Cuslomer's depreciation schedule cued for faierai income taz reportiny purposes. 25. Mtscellanuous Provisions -(a) The rights a�xl obligalions ol eilher party may �ot be assigned or debgated wilhout ihe prbr writlen consent ol the other paAy, wAlch wnsen! shall nol be unreasonably withheld; providod, however, Ihal BeIlSoulh may, wlthoul Customer's consent, assign Nis Agreement andlor any Order Io an entity owned in whote or in part by BeIlSouth Corpora6on or by one or more ol Its direct or Intlirect subsidiaries or allil'iates. BeIlSoulh may subcontracl ihe peAormance oi any of i4s obligatlons hereunder. (b) II any provision or provisbns ol this Agreemenl are �eld to be Invalid, illegal or unen• lorceable, lhe valldiry, legaliry, and enlorceability of Ihe remalning provislons shall ral in any way Oe aflecled or impaired thereby. (c) The tertns and contlitbns of this Agreement shall be conshued in accordance with 1he laws ol lhe Commonweaith ol VvginW, excluding IIS conllict ol Ww provisbns. (d) My aclion pursuant to Ihis Agreement musl be commonced wilhin ono jt) ycar allur Ino causo ol acGon has accrued. (e) This Agreement does rwt Include work with, or In any area conlaining, any asbestos or othor hazardous SubSWnceS. (� Survival • My obligalio�s ol E3eIlSouth arM Cuslomer whic� by ihoir terms woultl con- tinue beyontl Ihe terminalbn, cancellation, a exp'vation ol Ihis Agreement a any Order shatl survive such termination, cancellatbn w eupiration. (g) Conlidonlial - Customor agrees that this Agroemenl, all existing and luture Ordors, proposals and quolalions are conlidential and will rat be diulosed wiUrout 1he wrilten con- � senl of BoIISouN. OO BELLSOUTH MASTER AGREEMENT FOR PURCHASE OF EQUIPMENT AND/OR SERVICES �;� BELiLSOUTH COMMUNICATION SYSTEMS, INC. Agreement No.: 98A O O 2 H S O � This Agroement ('Aproemenl') is made by Be1lSouth Communicatlon Systems, Ine. ('BeASouth� with i45 principal place ol business at 1936 Blue Hills Drive, Roenoke, VirglnW, 24012 and Gj,TV !1F PA 7 M RFA('j�('�,DEP,jS ('Customel') for the purchase ol Epuipment and Services, as delined below. 1. Master Agreement - Customer and BellSouth have entered inlo Ihis Agreement to es�abiish muNaqy agreeable terms arM condilions which will govern all Orders (exisUng or luture) for . Epuipment andla Services as delined herein. Subjecl to paragraph 27 below, upon arry terminatbn ol tliis Agreement, all obligaUons of the parties, Including maintenarwe commilments, shall conGnue wNh respecl to Orders accepted by BeilSoulh prior to termina6on. 2 Definidons- (a) 'ImplemenWUon' is tlefifwd as (i) wiN respect to Equipment instaAed by BeASouth, lhe date on which Ihe Equipmen� has been InsWlled and is operaUng subs�anlialty in accorda�e with ihe manulaclurefs specificatbns, or (ii) with resped to aA other Equipment upon delivery. (b) 'EquipmonP is defi�wd as ail communkaUons and inlormatan systems producis purchased Irom or serviced by BeIlSouth pursuant to an Ordar. Equipment shall also include Sofiwaro, as dalinod In 2 (e). (c) 'Order is defined as any request lor Equipment andlor Services placecl by Customer pursuant to Ihis Agreement, as more fully described in paragraph 3. (A) 5ervicas' is defined as work pe�lormed by BellSoul7i Dursuant to Ihis Agreement, induding but rat limiled to Ihe lolbwing: (i) Wananry and Maintenance Services, (ii) Installation Services, anNw (Gq Eleclrical Damage Repair Servke. � (e) 'Software' is defined as any set ol one w more computer programs which is composed ot roudnes, subroutines, concepts, processes, algorithms, formu�as, ideas, or krwwhow severaliy owned Dy a licensed to BeliSouth arxllor any one or more of ils suppliers, reqarAless ol IAe particular delivery medium in or on which such inWngible assets may be embadied. The term Soltware shali also I�clude any corrections,'pa�ches', updates, or revisions to Soflware oAginalty prmri0ed. (� 'Major FaiWre' is deMed as Ne IaiWre ol ihe EQu'ryment that subsWntialty intederes with the ramial conduct ol Customels business. (g) 'Mirqr Failure' is defined as arry lailure ol lhe Equipment other than a Major Failure. 3. Orders - Cuslomer may place Orders for Equipment andlor Servic,�es pursuant to this Agreement by any ol the folbwing methods: (i) BeIlSOUth order torm, (ii) telephone order to BeIISouN la ranergineered MAC (MOVe, Add, Change) work, rwt to exceed ten thousand dollars (E10.000) w(Ri) Cuslomer purchase order or lelter ol purchase request. Each Order, il contirmed or accepted in writl� by BeIlSouth, shali constitute a separate agreement aM, except for arry provisions herein which are specificaliy ezcluded or modified in the Order, each Order sha11 automati- faity ir�corporate iherela all the terms and con0itioos ot Ws Agreemen4 and arry and a0 standard (such as preprinted terms or computer generated) terms and conditions on any Cusromer order Iwms or other Cuslomer documents shail be deemed deleted. Any Order placed by telephone, customer purchase order, or letter of purchase request may be contirmed in writirg by BailSoulh on a BetlSouth ader confirmation form. Such conlirtnation shatl De deemed correct unless BeliSouth receives written notice to ihe conVary within ten (10) days of the date ol ihe conlirmation. II Customer desires BeIlSouth invoices to relorence CuslomeYS purchase order number, Customer must InGutle ihe relevant purchase order number in each Order. � 4. Prices And Payment - TTe total price lor the Equipmenl and Services stw�l be slated in the appiiwble Order. Ttie Tolal Equipment Price for Equipment includes sfandard shipping and rig- girg charges, as applicable. Expedited servus requested by Customer may inwive atlditional charges. Customefs payment is due as foilows unless othervnsa siated on Uie applicabie Order. (a) Mainlenance Service • monWy in advance, (b) EQuipment or olher Orders • 20% of Ihe Total Equipment Price with Order, 50% at Equipment delivery and 30% aI Implementatbn. In Ihe evenl ol a dispule between Cuslomer and Be1lSouth as tha cortectness ol one or more items appearing on BeIlSouth's invoice, Customer may withhold payment ol ihe disputed items only and payment as lo the remainder shali De made as herein providetl. 5. Taxes - All charges are ezclusive ot aDPlicabl0 federal, state or locai taxes. Cusiomer agrees to pay to BellSouth amounis equal lo any taxes resulting IrOm this Agreemeni or any aclivities hereunder, ezGusive al taxes on BeIlSouth's net income. BeASouth may add such taxes Io invoices submitted to Customer. Customer will be responsible for any ad vabrem, property, or other laues assossable on Equipment on or afler delivery lo Ihe instatlation site. 6. Risk o( Loss Or Damage - All risk ot loss or damage shall pass to Customer as to each item of Equipment on the date o( delivery to lhe Insta�lation site. 7. Title - Ttle to Equipment shaU pass to Customer upon payment in tull to BetlSouth o� the lotal price for EquipmonUServices in �he applicable Order. 8. Seeurity IMereat - Customer grants Be1lSouili a purchase money secuAry interest in BacA Item ol Equipment. Customer slwll satisly this purchase money secur�ry inlerest solely by pay ment in futl. Customer agrees to ezecute any Aocuments reasonably requested by BeIlSouth to prolect antYOr peAect BeIlSouth's securiry interest. 9. SoMvare License -(a) Soltware suppliers licensa Soltware on a nonexclusive basis W BeIlSouth a� BeIlSouth also develops Soltware or has Sottware devebped lor it by tnird parlies. AI� such Soflware is arW wiil remain the properry ol BeIlSouth or its Ihird party suppliers. BeIlSouth, with respect to BeIlSouth developed SOfiware and to ihe exlent authorized under Ihe suppiier licenses, grants to Customer a personal, nontranslerable and rwnexGusive sublicense (without the right to lurther sublicense) to use the Soltware, subject lo ihe lollowing terms and conditions: (b) Cuslomor shaU (i) use ihe Soltwaro only in Conjunctlon wilh the particular Equipmenl for which Ihe Soltware was IniUally fumished; (ii) use ihe Sollware Solely lor Customer's internal busi• ness purposes; (iii) rqt reverse engineer, decompile, disassembie, reverse transiate or olherwise Vanslate the Soltware imo human readable brm nor reproduce the. Soltware except lor archival purposes; (iv) reNm Ihe Software, togelher wi1� all copies thereoi, or, with BeIlSouth's consent. destroy (or erase, if recorded on an erasabie storage medium) the Soflware when no longer neetletl or pertnitted lor use with the Equipment lor which Ihe SoNware was turnished: and (v) keep in canfidence aii inlormation relating to Solhvare and irea� such inlortnation as Ihe exGusive properry arM Irade secret ol 8e11South or such suppliers. Customer shall not have an obGgation to protect inlormation which is made publicly avaiWble by �ellSouth or Ihe supplier or IavAUlly made available by a nonparty to this Agreement, is lawtully ob�ained by Ihe Customer without resiriction Irom a source olher �han BeIlSouth or Ihe supplier, is previously known lo Customer wiltaui an obligation lo keep it conlidentiai, as established by Customer s wrinen records, w is released in wriling by ihe supplier or BeIlSoulh. (t) Nolwilhstandim� Ihe above, �he Cus�omer may discbse ihe Soliware to other persons soleiy iw Ihe purpose ol installing, operaling or mainlaining Ihe particular EquipmeM lor which the Soltware was lurnished, provided such other persons agree in writing ta the same condilions respec6ng use arM confidenliality conlained in Ihis Section 9. (d) In atldilbn to Ihe above. BeliSouth's suppliers may require Customer to sign or agree to separate documenfation directly wilh the supplier. 10. Minor Changes tn Customer Orders - II Customer and BeIlSoulh agree to minor changes in Ne Equipment or Services prior to Implemenla�ion, then Customer shall be charged or aedited Iw ihe charged items. Appropriate dowmentaGon may be required So Ihat addilbns or deietions may be reCOrded and charges or credils issuetl. Reasonable restaking charpes will be assessed with respecl to any stock Rsted ilems deleled afler Ihe date ol shipment to ihe installafion site and Iw all deleted rarrstock items. I t. Limitcd Warranties -(a) E3ailSoulh warrants Iha[ at ImplemenWtion, and lor the duralan of ihe wartaaty period ralarred to heWw, each Stem ol Equlpmeat will luncl'wa substanlially in accordance with Ihe manufacturer's published specificatbns, provided it Is not tlamaged as set fath in Secibn 19 and is used accordirg to standard operating instructions Issued by Ihe manu- acturer or BellSouth. Unless otherwise sUleO in the OrOer, the warrany period lor Equipment Inslalied by BeIISouUi is iwelve (12) monihs. In addition, (i) Ihe warranry perbd lor equipment noves, adaitions and changes shall be Ihe greater of ninery (90) days or ihe remainder of �he curtent annual service period ol lhe syslem to which lAe work is being performed, (ii) it Equipment s purchased witnout DeilSoulh installalion, Ihe wartanry period shall be ninety (90) days trom tha shipment dale unless otharwise staled in Ihe Order, and (iii) CERTAIN MISCELLANEOUS :OUIPMENT IS SOID'AS IS' AND WILL CARRY NO WARFANTY WHATSOEVER FROM BELLSQUTH OTHER THAN THE WARRANiY OF TITLE. My warranty service lar'As Is" =quipmenl will be providetl tlireclly by.lhe manulacturer ol such Equipment in accordance with Ne manulacturer's applicable warranry procedures. Such Equipment sha�l bo ciearty irxlicated >n Ihe app�icable Order as Manufaclurers Direct Warranry Service ('MDWS�. BELISOUTH OFFERS NO MAINTENANCE SERVICE OR WARRANIY FOR THESE PRODUCTS. The war- anty period lor an ilem ol Equipment will not be enlarged by BeIlSouth's repair or replacement thereol. (b) All warranlics exterW oNy Io Ihe original purchaser of the Equipmont, identified as 'Custome�', and do not extond to any subsequent purchaser, transloree, user or assignee ol Ihe :quipment, uMess priw vrtitlon consent is obtained trom BellSouth lor the extensbn ol the wartanlies to such pUrchaser, user, m assigiree. 2. Wartanty Disclafiner - THERE ARE NO WARRANTIES. E%PRESS OR IMPl1ED (INCLUDING ANY REGAflDING MERCHANTABILITY OR FITNESS FOR A PARTICUTAR PUR- 'OSE), NOT SPECIfIED HEREIN RESPECTING EOUIPMENT FURNISHED OR SERVICES PERFORMED UNDER THIS AGREEMENT, AND EXPRESSLY DISCLAIMS SAME. lJ. Wartartty Senice -(a) Futl Warranry Servica ('FWS�: Be0.South ag�ees lo proWde, excepl as set bnh herein, Wartanty Servke to k0ep the Equipment in, or to restore ihe Equipm¢nt (o �peration as warranled in Section 11 (a) above. If BeIlSoulh is unable to repair delective items. BeIISouN will repWce such items. II neilher repair nor replacemenl are reasonabty available lo kllSouth, Ihen OeIISOUIh may elect instoa0 to relurn tho price paid lo Bo1lSoulh lor Ihe purchased Equipmene, or �he one time loa paid lor Ihe licnnsed Software which is In eilher caso defec- ive, as Ihen depreciatatl based on Cus�omer's depreciatan schafulo usod lor Iedural Income tax roporting purposos. Warranry Survico Includes preventive mainienanco based upon Ihe spocil- (continued on reversol Customer acknowledges that Customer has read and understands this Agreement and ogrees to be bound by its terms and condittons. Customer �rther agrees that this Agreement, and any orders, constitute the compiete and exclusive statement of the agreement between the parties, superseding all roposals, representations, and/or prior agreements, orel or writlen, between the parties relating to lhe subjecl matter ot the Agreement. Acceptance o} any �rder by BeIlSouth is subject to Be�ISouth credit and other approvals. This Agreement is not binding upon BeIlSouth until executed by an authorized employ e, partncr, or agent of Customer and BeIlSouth. If signing as a general partner of a partnership, ihe individual represenis and warrants ihat Ihere are no pro- isions in the partnership agreement that restrict or limit the generai paAner(s)' obligations and that the general partner(s) are fully bound by this Agreement. his Agreement may not be modified, amended, or superseded other than by a written instrument executed by both parties. i Witness wheraol, Ihe a i h ve exec(u�ted is(Agrar��Jm,,ent, by Ih duly authorized representative in multiple counlerpans, each ol which shali bo deemed an original. uslomer Name: �� U"� �G\�. 1�JZLL(� ��QWg BELLSOUTH CO UNICA N SYSTEMS, INC. f_- �/L� ddress: I lFi .�C7o N V111 i+ar� �) wt I gr n cs�m�re� ity: . w- 1� G �[$_ State: ��— z�: 33 �FSS! ry� ��-pn���, er• V (Simalure). �p�'� � .i��µti✓ �/ �� Ie0 Name)p V(Prmieo Name): VG.V r�"�- (�l,% �f/� G� o'�-�d Tiile: .a�/._� S �� l.V� U� ne: t�.e i h-{ a �t v l Ellective Date: �s s�ve ' BCS CORPORATE ;. ; AMENDMENT This Amendment, dated q� a 1 , 199�,, shall serve to modify the terms and conditions of the MASTER EQUIPMENT PURCHASE AND/OR MAINTENANCE SERVICE AGREEMENT between BELLSOUTH COMMUNICATION SYSTEMS, INC. ("BeIlSouth'� and CITY OF PALM BEACH GARDENS ("Customer'� dated , 199_, Agreement Number 98A002850 (the "Agreement'�. Paragraph numbers below correspond to section numbers in the Agreement. The parties agree to the foliowing changes to the Agreement: 20(a). A new sentence at the end of the paragraph is added to read: "BELLSOUTH WILL BE RESPONSIBLE FOR DIRECT DAMAGES RESULTING FROM PROPERTY DAMAGE OR PERSONAL INJURY TO THE EXTENT CAUSED BY BELLSOUTH." � 21. In the first sentence add the word "material" so that the sentence shall read: "Upon any material default by customer..." � 25(a).At the end of the last sentence char�ge the period to a comma and add "subject to Customers written consent, which shall not be unreasonably withheld." 25(c). Change "Commonwealth of Virginia" to "State of Florida". 25(g).Delete in its entirety. Repiace with: "Ali documentation that is executed by the Customer is a matter of public record." Except as specifically modified above, all provisior�s of the Agreement remain in full force and effect. City of Paim Beach Gardens C Bx�l a�-. (n1 NAME: �G ✓f e.,— w�v � 1�K �o TITLE: V� C � avu �' BeIlSouth Communication Systems, Inc. BY: NAME: TITLE• � c�L-� ��v�7V� CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: November 25, 2002 Meeting Date: December 19, 2002 Resolution 224, 2002 Subject/Agenda Item: Evergrene PCD-Plat 4(Parcel 3) Subdivision Plat [X] Recommendation to APPROVE �] Recommendation to DENY Reviewed by: Originating Dept.: Costs: $ Council Action: (Total) City Attorne [ ] Approved $ [ ]Approved w/ Current FY conditions [ ] Denied Advertised: Funding Source: [] Continued to: Date: [ ] Operating Attachments: Paper: [ ] Other Submitted by: � C � [ X ] Not Required Sean C. Donahue, P.E. Assistant City Engineer D artment Director Affected parties Budget Acct.#: �l �''- � � "" - Appro by. [ ] Notified [ ] None City Manag r [] Not required WC, CONSULTING QVIL ENGINEERS, SURVEYORS &MAPPERS QVIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRt1NSPORTATTON SURVEY & MAI'PING GIS "Partners For Results Value By Design" 3550 S.W. Cotporate Pkwy. Palm City, FL 34990 (561) 286-3883 Fu� (561) 286-3925 www.lbfh.com TO: FROM: DATE: MEMORAND UM Patricia Snider-City Clerk Sean C. Donahue, PE November 25, 2002 FILE NO. O 1-4215 SUBJECT: Evergrene PCD-Plat 4 (Parcel3) We have completed our review of the plat for the referenced project prepared by Keshavarz & Associates, Inc. The plat was reviewed for technical compliance with Chapter 177 of the Florida Statues and the City of Palm Beach Gardens requirements. We have no other engineering concerns with this plat. Therefore, we recommend its approval. SCD/ P:IPBGMEMO\4215\4215y.doc CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 224 , 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA , APPROVING THE EVERGRENE PCD- PLAT 4 SUBDIVISION PLAT AND, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City engineer has reviewed the Evergrene PCD-Plat 4 Subdivision Plat; and WHEREAS, the City engineer has determined that the proposed plat meets all the technical requirements of the City's Land Development Regulations and Chapter 177, F.S. and recommends the approval of the plat; and WHEREAS, the plat is consistent with the City's Comprehensive Plan and LDRs; and WHEREAS, the City Council has deemed approval of this resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and is hereby made a specific part of this Resolution. SECTION 2: The Mayor and City Clerk are hereby directed and authorized to execute the Mylar of the Evergrene PCD-Plat 4 Subdivision Plat consisting of four (4) sheets dated October 2002, prepared by Keshavarz & Associates, Inc., attached hereto as Exhibit "A." SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon adoption. -1- PASSED, ADOPTED AND APPROVED this day of , 2002. ATTEST: PATRICIA SNIDER, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUBIN CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO MAYOR JABLIN AYE NAY ABSENT -2- CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: December 4, 2002 Meeting Date: December 19, 2002 Resolution: 229 Subject/Agenda Item: Approve appointment of two (2) members to the Board of Trustees of the City of Palm Beach Gardens Police Officers' Retirement Trust Fund. [X] Recommendation to APPROVE ( ] Recommendation to DENY Reviewed by. Originating Dept.: Costs: $� Councit Action: Police Department (Total) City Attorne [ ] Approved $____ [ ]Approved w/ Current FY conditions [ ] Denied Advertised: Funding Source: [] Continued to: Date: [ ] Operating Attachments: Paper: [] Other Letter dated 12/3/02 from Hanson, Perry & Jensen regazding term expiration oF Mr. Pierson Application and resume for new member: Brad Seidensticker Submitted by. [ X ] Not Required Major Ernie arr �v Department Director Affected parties Budget Acct.#: Approv y: [ ] Notified [ ] None City Manager [ ] Not required Date Prepared: December 4, 2002 Meeting Date: December 19, 2002 Resolution: 229, 2002 • BACKGROLTND: Upon review of the Police Officers' Pension Board memberships, two terms have expired. One previous member has expressed interest to remain on the Board and one new member is being appointed. • STAFF RECOMMENDATION: Staff recommends approval of Resolution 229, 2002 appointing two (2) members to the Board of Trustees of the City of Palm Beach Gardens Police Officers' Retirement Trust Fund. HANSON� PERRY � JENSEN� P.A. � O�J SOUTH NARCISSUS AVENUE, SUITE bi O— WEST PALM BEACH, F�oaion 33401 JILL HANSON* mjhanson � hpjlaw.com ANN H. PERRY aperry�hpjlaw.com BONNI SPATARA JENSEN bsjensen�hpjlaw.com �ALSO ADMITTED IN N.Y. Patricia Snider, City Clerk City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 Dear Ms. Snider: TELEPHONE FACSIMILE December 3, 2002 Re: Palm Beach Gardens Police Pension Fund City Appointed Trustee - Term Expires -- O�ar File Number 3.43 - - (561) 655-5840 (561) 655-5920 This is to inform you that the term of Palm Beach Gardens Police Pension Fund Trustee, David Pierson, will expire December 14, 2002. Mr. Pierson has expressed an interest in continuing his service to the City as a Trustee to the Police Pension Board. Please advise this office as soon as possible if Mr. Pierson is reappointed, or if the City will appoint another Trustee to fill the position. Mr. Pierson's home address is 12961 North Normandy Way, Palm Beach Gardens, FL 33418. If you have any questions or if I may be of any assistance to you at all, please do not hesitate to contact me. BSJ/ka Copy: J. Spencer, Chairman S. Nasca, Secretary D. Pierson, Trustee J. Mastrangelo, Administrator Sincerely yours, ��onn� �. Jen�n � H:\PBG 3\City of PBG\Clerk\Cvr New T.wpd CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 229, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPOINTMENT OF TWO MEMBERS TO THE BOARD OF TRUSTEES OF THE CITY OF PALM BEACH GARDENS POLICE OFFICERS' RETIREMENT TRUST FUND; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 50-82 of the City Code of Ordinances provides that the City Council shall appoint two residents of the City to serve on the Board of Directors of the Police Officer's Retirement Trust Fund; and WHEREAS, the City Council desires to fill two vacancies on the Board; and WHEREAS, the City Council determines that the adoption of this Resolution is in the best interests of the residents and citizens of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council hereby appoints H. Bradley Seidensticker and reappoints David Pierson to the Board of Trustees of the Police Officer's Retirement Trust Fund. In accordance with section 50-82 of the City Code, each shall serve as trustee for a period of two (2) years. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon adoption. -1- RESOLVED, ADOPTED AND APPROVED THIS DAY OF , 2002 ATTEST: PATRICIA SNIDER, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD G. RUBIN CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO MAYOR JABLIN AYE NAY ABSENT -2- : � ! -� • 0 City of Palm Beach Gardens CATION FOR POSITIONS ON ADVISORY BOARD (S) Please print in Bla'ck [nk Board(s) Applied for: _ Name: (Print) .Br a e . 0 �� . �, �A tt'h, i"'t ih�t�eS Telephone: Day � � ` Evening �O �7 "' ol.V / / Home Address: � � �7 �[tC(1�C t"� ��� ��� How long have y u be' en a resident of Palm Beach Gardens? �2 rs Palm Beach County? ,�.�2 ,Yrs Current Emnlove�: Position: �i n c�. n c i o i'� Please attach a acquired that v� Special Qualif Educational une to your application or use space below to summarize�qualifications and experience t be helpful to the Board(s) for which you are applying. �ns for specific board(s) (include past board experience) n (1 1 . . _ . . 0 �-i— a. �` 2�►1 l�+ G o ev�Pc�.n �. ot-ir►cer eT tr�u�"'�'��i 1��on cl�dJla(^ . icti�i'ef' � o„ �/ans ., I� ) �� . • � ■ � � I�l�ili7'�L�31 Community Actiyities (Include offices held and committee service) _ � Signature I Date � O Applications are valid for two (2) years from the date they are signed. Return to City Clerk's Office, 10500 N. Military Trail, Palm Beach Gardens, Florida 33410. ' � ♦ v H. BRADLEY SEIDENSTICKER 11 Glencairn Road bradsticker@yahoo.com Palm Beach Gardens. Florida 33418 (5611624-20'77 PROFILE Financial executive with domestic and international experience in the distribution, manufacturing, and fmancial services sectors. Demonstrated ability to establish and develop imance functions in complex organizations through strong leadership and communication skills. Experience in: • Investments • Pension Plans • Tax Qualifed Retirement Plans • Fareign and Domestic Financing • Investor Relations • Capital Planning & Competitive Analysis • Cash Forecasting and Liquidity Management • Interest Rate Risk Management • Cash Management • Public Offerings and Capital Markets EXPERIENCE MORGAN STANLEY DEAN WITTER September 2001 to Present Financial Advisor with Morgan Stanley specializing in pensions, 401(k) plans, and cash management. CABLEVISION SYSTEMS CORPORATION February 1999 to June 1999 Consultant to Cablevision Systems Corporation. I developed alternative sources of financing to acquire $1 billion of telecommunication equipment. I also developed a leasing program for computer related equipment along with internal policies and procedures for asset leasing. HENRY SCHEIN, INC. March 1993 - August 1997 Treasurer Created and led the treasury organization of this dynamic $2.OB healthcare distribution company. Responsible for the full corporate treasury function consisting of a 6 person staff and a$99MM budget. Also responsible for developing and communicating treasury policy and procedures to the 26 domestic and 8 international subsidiaries. • Directed the redesign of the defined contribution retirement plan and implemented a 401(k) savings plan. The resulting retirement benefit plans were useful in attracting new talent to the company and enabled current employees to reap higher returns through equity investments. • Managed the $40 million retirement plan. Selected investments. Prepared and presented regular reviews to the plan trustees. • Directed the creation of an Employee Stock Ownership Plan that enabled employees to triple the value of their account as a result of the company's Initial Public Offering. • Restructured the company's debt through implementation of domestic and fareign revolving credit facilities ($ l 00MM+), mortgage fmancing ($6.2MM), and a New York State Urban Development Corp. loan. • Contributor to the team that successfully completed the company's Initial Public Offering and secondary offering that raised $196MM in new capital. • Established a corporate Working Capital Committee to more effectively manage the use of capital. • Implemented lockboxes, a treasury work station, and positive pay controlled disbursement that resulted in annual savings in excess of $300,000. � • Established a corporate risk reduction policy to insulate the company from product liability lawsuits. • Reduced the company's exposure to interest rate fluctuations through the use of interest rate SWAPS. � . ;�. _ � � H. BRADLEY SEIDENSTICKER Page Two THE EQUITABLE FINANCIAL COMPANIES 1989 - 1993 Assistant Treasurer Recruited to: (1) develop state-of-the-art treasury management systems to process Equitable's cash flow of $ l OB per year and (2) set corporate policy for treasury related issues. � Overhauled the cash collection and disbursement systems to maximize funds availability resulting in increased investment income to The Equitable. • Overhauled the entire ACH debit process and systems resulting in an increase in the persistency of life insurance policies and annual savings of $SOOK. The ACH debit system was The Equitable's main collection vehicle that initiated over 7MM transactions per year. • Consolidated controlled disbursement activity and negotiated pricing that resulted in an annual saving of $240K. • Implemented lockbox processing for two product lines resulting in yearly savings of $1.SMM. • Implemented systems and processes to reduce the risk of loss to Equitable's cash assets including: (1) a match pay controlled disbursement system, (2) the encryption of all value bearing data files, and (3) the electronic transmission of data files to imancial institutions. The result was an 80% reduction in forged checks. COMBUSTION ENGINEERING, INC. 1975 - 1989 Mana�er - Corporate Treasurv 1986 - 1989 Led the corporate cash function of this $3B capital equipment manufacturer (now part of Asea Brown Boveri). Managed a staff of four people with responsibility for: � Corporate Debt - Developed short term borrowing capacity and managed all short-term debt that averaged $1 B a month. Responsible for implementing a receivable sale agreement of approximately $100MM and a $75MM program to repatriate offshore cash. Through effective sourcing and negotiation, reduced interest costs to a level below that of commercial paper resulting in annual savings of $SOOK to the corporation. Managed sinking fund and covenant requirements of CE's senior debentures. • Corporate Investments - Managed all short-term investments far the two corporate portfolios. • Banking - Managed the overall relationship of CE's 80 domestic and foreign banks. CE's total bank compensation was $1.SMM annually. Reduced total banking costs by $520K a year. • Cash Management - Directed CE's cash management operations that serviced CE's 30 business units through a network of 150 accounts. Consolidated the cash management activities of four acquired companies into CE. ManaQer of Treasurv Services - Power Systems Division 1981 - 1986 Managed a staff of six people at the divisional level. Responsibilities included: foreign currency exposure management, international project finance, insurance and cash management. Joint Venture Controller Financial Analvst Financial Svecialist Financial Staff Trainin� Pro�ram EDUCATION M.B.A. in Finance, Northwestern University (Kellogg), Evanston, IL, 1975 B.S., Mathematics, Georgia Tech, Atlanta, GA, 1973 1980 — 1981 1978 - 1980 1976 - 1978 1975 - 1976 PAST PROFESSIONAL AFFILIATIONS Certified Cash Manager (CCM) National Association of Corporate Treasurers Financial Executives Networking Group �ITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: December 6, 2002 Meeting Date: December 19, 2002 Resolution: 230, 2002 SubjecUAgenda item: Resolution 230, 2002 — Approve a contract award to Hardrives, Inc. for the EPB-3D Canal Widening within Unimproved Pine Tree Boulevard Right-of-Way. (City Project No. 2002- 010) [ X ] Recommendation to APPROVE f 1 Recommendation to DENY Reviewed by: Originating Dept.: � Costs: $ 73.900 Council Action: Angela Wong, Projec (Total) Manager City Attorne �{�is'� Community Services [ l APProved Department $ N/A [ ]Approved w/ Current FY conditions City Enginee [ ] Denied Advertised: N/A Funding Source: [] Continued to: Date: [ X ] Operating Attachments: Paper: [] Other • Resolution 230, 2002 Finance Administratar • Exhibit A: ITB — EPB-3D , Widening . Exhibit B: Hardrives, Inc. Bid Response . Exhibit C: Standard Form of Agreement b. [ X ] Not Required Jack Doughn , Community Servi Administrator Department Director Affected parties Budget Acct.#: N/A [] None Approve [ X Notified 001-3040-541.6300 City Man ger � � l Not required Date Prepared: December 6, 2002 Meeting Date: December 19, 2002 Resolution: 230, 2002 • BACK(TROUND: The Plat 4 drainage system was designed in the early 1960s. Storms in '95 arid '99 highlighted the need for drainage improvements. A drainage retrofit far Plat 4 has been designed consistent with the City's standards for level of service to the residents. The system has been designed to decrease the amount of standing water in the streets, improve flow to the inlets, and add additional storage. Existing pipes within seven of'the nine drainage systems will be increased for additional capacity, and Pine Tree Boulevard will be reconstructed to extend the width of the EPB-3D Canal. This project is also identified in the Stormwater Management Plan. Pine Tree Boulevard is an existing platted, undeveloped roadway located at the southeast portion of Plat 4(aka/Garden Woods). The roadway lies directly in between the EPB-3D Canal and approximately 12 residential parcels. The extension of the canal will be constructed approximately 20' south of the residential property lines and will slope to a depth of' 13'. An Invitation To Bid for the widening of Pine Tree Boulevard was advertised on October 27'�' witli the bid opening on November 22°d. The City received a total two responsive bids as follows: 1. Hardrives, Inc. $73,900 2. Sheltra & Sons $98,027.05 The bids, have been reviewed by LBF&H, Inc., the City's engineering firm, and a contract award ta Hardrives, Inc. is recommended at this time. If approved, construction is anticipated to begin in January 2003 with a contract time of 90 days to complete. STAFF RECOMMENDATION: Approve Resolution 230, 2002 authorizing a contract award to Hardrives, Inc. in the amount of $73,900 for the widening of the EPB-3D Canal within Pine Tree Boulevard right-of-way. CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 230, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING AN AGREEMENT WITH HARDRIVES, INC. FOR THE WIDENING OF THE EPB-3D CANAL WITHIN PINE TREE BOULEVARD RIGHT-OF-WAY AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAME; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City issued an Invitation to Bid for the widening of the EPB-3D Canal within the Pine Tree Boulevard right-of-way attached hereto as Exhibit "A"; and WHEREAS, the City received a bid in the amount of $73,900 from Hardrives, Inc. attached hereto as Exhibit "B"; and WHEREAS, the City Council deems it to be in the best interest of the residents and citizens of the City of Palm Beach Gardens, Florida, to accept the bid submitted by Hardrives, Inc. and execute an Agreement for the widening of the EPB-3D Canal within the Pine Tree Boulevard right-of-way. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council of the City of Palm Beach Gardens hereby approves the agreement with Hardrives, Inc. attached hereto as Exhibit "C" and authorizes the Mayor and City Clerk to execute said Agreement on behalf of the City. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of the Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this day of , 20_. ATTEST: PATRICIA SNIDER, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUBIN CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO MAYOR JABLIN AYE NAY ABSENT -2- Date Prepared: December 6, 2002 Meeting Date: December 19, 2002 Resolution: 230, 2002 EXHIBIT A Invitation To Bid for Widening of the EPB-3D Canal Within Pine Tree Boulevard Right-of-Way City of Palm Beach Gardens EPB-3D CANAL WIDENING Within Unimproved Pine Tree Boulevard Right-of-Way Plat 4 Drainage Improvements Phase II Palm Beach Gardens, Florida PBG Project #2002-010 November, 2002 SPECIFICATIONS �. BIDDING DOCUMENTS Prepared by INC, CONSULTING CIVIL ENGINEERS • SURVEYORS • MAPPERS 2090 Palm Beac6 Lakes Blvd Suite 600 West Palm Beach, Florida 33409 LBFH PROJECT NO 99-4083A EPB-3D Canal Widening - INDEX PAGE.doc INDEX PAGE COVER SHEET IlVDEX PAGE INVITATION TO BID INSTRUCTIONS TO BIDDERS STANDARD SPECS DRUG-FREE WORKPLACE BID FORM BID PROPOSAL CONTRACT IIVDEX - 1 P:\99-4083�.Spec & Bid Docs - 99-4083A�Bid DocsWlDEX PAGE.doc COVER INDEX - 1 INV - 1 IB-1-IB-2 SS-1 DFW-1 BF-1-BF-3 BP-1-BP-2 C-1-C-5 10/24l02 1:01 PM CITY OF PALM BEACH GARDENS, FLORIDA 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410 INVITATION TO BID PROPOSAL NAME: EPB-3D CANAL WIDEI�TING Within Unimproved Pine Tree Blvd. Right-Of-Way Plat 4 Drainage Improvement Phase II CITY PROJECT NO. 2002-010 LBFH PROJEC'T NO. 99-4083A The City of Palm Beach Gardens is soliciting bids for widening of the EPB-3D Canal within the Pine Tree Boulevard right-of-way. Please note: All excess and salvaged materials shall become the property of the contractor. Sealed bids must be received on or before November 22, 2002 at 1:00 p.m., (Local Time), at the office of the City Clerk, 10500 N. Military Trail, Palm Beach Gardens, Florida 33410. Normal City business hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, except holidays. Any proposal received after the specified time will not be considered. The Bidder is solely responsible for ensuring the bid is received on or before the deadline. On the envelope containing the bid shall be written in large letters: Proposal For: EPB-3D CANAL WIDENING To Be Opened: November 22, 2002 at 2:00 p.m. All bids will be opened in the City Hall Council Chambers at 2:00 p.m., November 22, 2002. All bids not submitted on the required fortns will be subject to rejection. Bidding and Contract documents, including plans and specifications, are available in the City Clerk's office during normal City business hours. It is agreed by the Bidder that the signing and delivery of the bid represents the Bidder's acceptance of the terms and conditions of the Speciiications. A Mandatorv Pre-Bid Conference will be held at 11:00 a.m. on Wednesdav, November 6, 2002. in the City Hall Council Chambers, 10500 North Military Trail, Palm Beach Gardens, Florida 33410. Bids must be accompanied by a certified check or bid bond in the amount of 5% (five percent) of the bid. All bids will be required to be submitted under a condition of irrevocability for a period of ninety (90) days after submission. The City of Palm Beach Gardens reserves the right to reject any or all bids, in whole or in part, with or without cause, to waive any informalities and technicalities, and to award the Contract on such coverage and terms it deems will best serve the interest of the City. Criteria utilized by the City of Palm Beach Gardens for determining the most responsible bidder includes, but is not limited to, cost, whether the bidder meets the City of Palm Beach Gardens published Specifications, the Bidder's experience, skill, ability, financial capacity, and any other factor which could reasonably be asserted as being relevant to successful performance. Any questions regarding the TTB Specifications and process should be directed to: Melanie A. Straub, E.I. LBF&H, Inc. 2090 Palm Beach Lakes, Suite 600 West Palm Beach, FL 33409 (561) 684-3375 EPB-3D - Canal Widening - Instructions to Bidders INSTRUCTIONS TO BIDDERS BID NAME: City of Palm Beach Gardens EPB-3D Canal Widening Within Unimproved Pine Tree Boulevard Right-of-Way Plat 4 Drainage Improvement Phase II Palm Beach Gardens, Florida PBG Project #2002-010 LBFH Project #99-4083A Sealed Bids must be received on or before 1:00 P.M. (local time) on Thursday, the 22"d of November, 2002, at the Office of the City Clerk, City of Palm Beach Gardens, 10500 N. Military Trail, Palm Beach Gardens, Florida 33410. Normal City business hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, except holidays. All bids will be publicly opened and read at 2:00 P.M. on Thursdav, the 22nd of November, 2002; in the City Council Chambers at the above address. It is anticipated that the bid will be awarded at the regularly scheduled meeting of the Palm Beach Gardens City Council on Thursdav, the 19`h of December, 2002. Bids received after the designated time will not be considered. Bids may be delivered in person or by mail. All Bids must be sealed and addressed as indicated. On the face of the envelope containing the Bid shall be written in large letters the words: B�i FOR: City of Palm Beach Gardens EPB-3D Canal Widening Within Unimproved Pine Tree Boulevard Right-of-Way Plat 4 Drainage Improvement Phase II Palm Beach Gardens, Florida PBG Project #2002-010 TO BE OPENED: November 22, 2002 at 2:00 P.M. A bidder may withdraw his Bid at any time priar to that fixed for opening bids without prejudice to himself/herself. Bidders are invited to be present at the opening. Bids received after the time set for the receipt of bids will be returned to bidder unopened. It is the sole responsibility of the Bidder to make sure that their bid reaches the City Clerk on or before the closing date and time. Bids submitted by telephone, telegram, or facsimile shall not be accepted. If Bid is sent by overnight courier, (e.g., Federal Express, UPS, etc.), Bid documents must be enclosed in envelope marked as instructed above. The City reserves the right to reject any or all bids, in whole or in part, with or without cause, to waive any informalities or technicalities, and to make awards either as individual items or as a total combined bid, whichever it considers to be in the best interest of the City of Palm Beach Gardens. The Bidder will be required to use the Bid blanks attached hereto, which form a part of the Specifications, and shall remain intact. 1: P:\99-4083�.Spec & Bid Docs - 99-4083A\Bid Docs�Ins[ to Bid.doc 10/24/02 1:02 PM EPB-3D - Canal Widening - Instructions to Bidders No bidder may withdraw their bid for a period of ninety (90) days after the date set for the opening thereof. All prices must be clearly stated in figures with ink on the line provided. Any variation/deviation from the Specifications must be explained in detail on a separate sheet, signed and dated by the bidder and attached to the Bid Form. Bids must be signed in ink, by the bidder, with the signature in full. When a firm is a bidder, the agent who signs the firm name to the bid shall state, in addition, the names and addresses of the individuals composing the firm. When a corporation is a bidder, the person signing shall state under •the laws of which state the corporation was chartered, and the name and title of the officer having authority under the by-laws to sign contracts. Anyone signing the bid as agent must f le with it legal evidence of his authority to do so. Post office address, County and State, must be given after the signature. Bidders are cautioned to fill in all information as requested on the bid form to serve as a basis for making awards. All State and Federal T� exemptions applicable to municipal corporations will apply and appropriate certification shall be furnished. A Bidder is expected to fully inform himself/herself as to the requirements of the Specifications; failure to do so will be at his/her own risk. A Bidder shall not expect to seek relief on the plea of error. Any questions regarding the Bid Specifcations and process should be directed, in writing, to: LBFH, Inc Melanie Straub, EI 2090 Palm Beach Boulevard, Suite 600 West Palm Beach, Florida 33409 Faac: 561-689-8531 Email: melanie-s @ lbfh.com END OF SECTION �� P:\99�083\Spec & Bid Docs - 99�083A\Bid DocsUnst to Bid.doc 10/24/02 1:02 PM Bums Road West - Standard Specs CITY OF PALM BEACH GARDENS STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION It is the intent of these Specifications that the Florida Department of Transportation "Standard Specifications for Road & Bridge Construction" latest edition be used as the basis for the work, and that where such wording which refers to the State of Florida and its Department of Transportation and Personnel exists, such wording is intended to be replaced with that wording which would provide proper terminology; thereby, making such Standard Specifications and General Provisions as though they were the Standard Specifications and General Provisions of the City of Palm Beach Gardens in conjunction with the City of Palm Beach Gardens retained Engineer(s). In addition to these Standard Specifications and General Provisions, ihere will be those Special Provisions and Supplementary Conditions included, which would pertain to the pertinent items of construction. END OF SECTION SS-1 P:\99-4083\Spec & Bid Docs - 99-4083A�Bid Docs\Stac�d Spec RB.doc 10/24/02 1:02 PM Bums Road West - Drug-Free Workplace Form DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that 1 � (Name of Business) does does not . (circle appropriate response) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that wi11 be taken against employees for violation of such prohibition. Inform employees about the danger of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counsel.ing. (Signature) (Date) State of County of PERSONALLY APPEARED BEFORE ME, the undersigned authority, (Name of Individual Signing) his/her signature in the space provided above on this My commission expires: who, after first being sworn by me, a�xed day of NOTARY PUBLIC 20_ . NOTE: This page along with BF-3 and BP-2, are to be completed and returned, with the 6id security, as they form the required bid package submittal. END OF SECTION DFW-1 P:\99-4083�Spec & Bid Docs - 99�083A�Bid DocsU�RUG FREE.doc 10/24/02 1:02 PM EPB-3D Canal Widening - Bid Form-EJCDC modified.doc Bid Form PROJECT: City of Palm Beach Gardens EPB-3D Canal Widening Within Unimproved Pine Tree Boulevard Right-of-Way Plat 4 Drainage Improvement Phase II Palm Beach Gardens, Florida PBG Project #2002-010 THIS BID IS SUBMITTID TO: City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, Florida 33410 Note: A comnlete bid uacka�e will conist of the submittal of the si�ned and notorized DruQ-Free Workplace form, form BF-3, form BP-2 and.the bid securitv. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and condirions of the Bidding Documents. Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. The Bid will remain subject to acceptance for ninety (90) days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. In submitting this Bid, Bidder represents, as set forth in the agreement, that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the Addenda, receipt of which is acknowledged on the Bid Proposal Form (BP-1 - BP-2). B. Bidder has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress and performance of the Work. D. Bidder has carefully studied all drawings of physical conditions in or relaUng to e�cisting surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Contract Documents. E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigarions, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, tectuuques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressiy required by the Bidding Documents to be employed by Bidder, and safety precautions and progams incident thereto. BF -1 P:199-40831Spec & Bid Docs - 99-0083A�Bid Dacs�Bid Form-EJCDC modiGed.dac 10lL4/02 1:02 PM EPB-3D Canal Widening - Bid Form-FJCDC modified.doc F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the detemunation of this Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the site, reports and drawings identified in the Bidding Documents, and all addirional examinations, investigations, explarations, tests, studies, and data with the Bidding Documents. I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Biddet. J. The Bidding Documents aze generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. K. Bidder is aware of the mandatory requirement to attend the Pre-bid Meeting, the time and date of which is noted elsewhere in these documents. Bidder further represents that this Bid is genuine and not made in the interest of, or on behalf of any undisclosed individual or entity and is not submitted in confornuty with any agreement or rules of any group, association, organization or corporation; Bidder has not direcdy or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any individual or entity to refrain from bidding; and Bidder has not sought by coilusion to obtain for itself any advantage over any other Bidder or over Owner. Bidder will complete the Work in accordance with the Contract Documents for the Lump Sum price Bidder provides on the Bid Proposal form, which is on pages BP -1- BP - 2 of these Specifications: (The bid prices are to be entered on the attached Bid Proposal Form.) Prices have been computed in accordance with the Contract Documents. Bidder agrees that the Work will be completed and ready for final payment, within the number of calendar days indicated in the agreement. Bidder accepts the provisions of the agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the agreement. The following documents are acknowledged, executed, attached to and made a condition of this Bid: A. Bid security B. Bid Proposal Form C. "Drug-Free Workplace" Form D. Aclrnowledgement of receipt of all Addenda BF-2 P:�99-4083�Spec & Bid Docs - 99-4083A�Bid Docs�Bid Eorm-EJCDC modi[ied.doc 10/lA/02 1:02 PM EPB-3D Canal Widening - Bid Form-EJCDC modi5ed.doc SUBMITTED on , 200_. State Contractor License No. .(If applicable) Bid Submitted by: Title:, Name (typed or printed) (SEAL) (Signature -- attach evidence of authority to sign if a Partnership, Corporation or Joint Venture.) Tifle: Name (typed or printed) (SEAL) , (Signature -- attach evidence of authority to sign if a Pattnership, Corporation or Joint Venture.) Doing business as: ( An Individual, Partnership, Corporation, Joint Venture: Business address: Business Phone No.: FAX No.: If a Corporation have signatures wimessed by the Secretary or other authorized officer of the Corporation. If a Partnership or Joint Venture, provide additional forms of execution for each member of the joint venture in the appropriate form or forms as above. NOTE: This page along with the signed and notorized Drug-Free Workplace fortn and BP-2, are to be completed and returned, with the 6id security, as they form the required bid package submittal. END OF SECTION � BF-3 P:�99-0083�Spec & Bid Das - 99-4083A�Bid Docs�Bid Form-EJCDC moditied.doc 10/?.4/02 1:02 PM Bid Proposal For Lump Sum Bid City of Palm Beach Gardens EPB-3D Canal Widening Within Unimproved Pine Tree Boulevard Right-of-Way Plat 4 Drainage Improvement Phase II Palm Beach Gardens, Florida PBG Project #2002-010 Note: A complete 6id packase will consist of the submittal of the signed and notarized Drug-Free Workplace form, form BF-3, form BP-2 and the bid security. Proiect Scone of Work The City of Palm Beach Gardens, Florida, PBG Project No. 2002-010, consists of all work necessary, to complete the construction per the Plans and Specifications. The work consists of furnishing all labor, supervision, materials, equipment, tools, supplies, fuel, transportation and services necessary to widen the EPB-3D Canal within the Pine Tree Boulevard right-of- way, from the eastern Banyan Sbreet right-of-way line, east to 100-feet west of the aerial utility crossing (adjacent to the EPB-3 Canal), per the lines and grades of the Plans including, but not limited to: construction stakeout; mobilizarion/demobilization; water quality and siltation control; dewatering; clearing and grubbing; earthwork; removing existing inlet, pipes and sand-cement headwall; constructing sand- cement headwall; constructing sand-cement spillway; sodding or seed and mulching; record drawings and all incidentals to complete the improvements in accordance with the provisions of the Plans and Specifications herein attached and as d'uected by the ENGINEER. To: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 We, the undersigned bidder, after careful examination of the Bid Documents and the existing site conditions for the proposed work deciare that we are familiaz with the nature and extent of the work and any local conditions or regulations that may in any manner affect the work to be done. � We, the bidder, further acknowledge that this is a Lump Sum bid, to include the cost of all requirements for the work specified, by the Owner, in the Contract Documents and any addendum items that may be issued prior to the submission of the bid. We further understand that it includes, but may not be limited to the following; The Lump Sum contract price for the work shall include the cost of; all required permits, shop drawings, acquisirion of materials and supplies, transportation and storage, construction, installation and placement, labor, supervision, equipment, fuel, mobilization and demobilization as noted in Section 101 of the FDOT Specifications; the maintenance of traff'ic (for safety, access to the work and to minimize impact to offsite residents); the maintenance of haul routes; the cost of survey work, project staking, collection of data> creation and reproduction of the as-built Plans, and all other records of the work; the cost of preparing an erosion control plan for the project; excavating, trenching, placing, and anchoring the erosion and sediment control facilities including: turbidity barriers, artificial coverings, sandbagging, baled hay, silt fence, calcium chloride, and other items required; the cost of maintaining said faciliries, the daily inspection and maintenance to insure compliance during storm events, the replacement of failed units> the disposal of all waste materiais, the removal of the facilities and. the restoration of the area following acceptance of the project by the Owner; the removal and proper disposal of; pipes and structures, trees, shrubs and other vegetation, roots and other debris; any tree or shrub trimming required by the work; other items necessary to prepare the overall project site for the proposed work; excavation, dewatering, proper disposal of unsuitable materials, grading and compaction; the preparation of the work area prior to weekends, holidays and planned work stoppages; placing, fertilizing, mulching, rolling, and watering, of the sod and grass; the I' ' P:�99-4083�Spec & Bid Docs - 99-4083A�Bid Docs�Bid Proposal Form - Lump Sumdoc 10/24/02 1:03 PM final adjustment to finished grade; and other incidentals required by ihe work, the Engineer, or as noted in the Contract Documents. Based on our full and complete understanding of the existing site conditions, the Contract Documents, the proposed project and the work involved, we hereby submit the following Lump Sum Bid for the completion of the work. Any variation/deviation from the Specifications must be elcplained in detail on a separate sheet, signed and dated by the bidder and attached to the Bid Form. Base Bid We proposed to do all work required by the Contract Documents, as amended by the addenda acknowledged below, for the Lump Sum Price of; Dollars ($ Total Bid Price in Words Bid Secwity Total Bid Price in Numbers Accompanying this Bid is a Certified or Cashiers Check, or Bond, in the Amount of $ Being 5% of the total Lump Sum Bid stated above. Said Bid Security is made out to the Owner, which may be forfeited as Liquidated Damages if, in the event this proposal is. accepted, the undersigned fails to execute the Agreement and furnish and pay for the required surety, to insure performance of the work, for the Owner within 10 days after acceptance of the Bid; otherwise said Certified or Cashiers Check or Bond will be returned to the undersigned. Time The undersigned Bidder agrees to commence work within 10 days of receiving Notification to Proceed from the Owner. They fiu�ther agree to complete the work within 90 consecutive Calendar Davs after the date of the written Notice to Proceed. Liquidated Dama�es The undersigned Bidder agrees to forfeit to the Owner, as Liquidated Damages for each Calendar Day elapsing between the date established as the agreed Date of Compietion and the Actual Date of Completion of all work on the project, the amount of $500 per Work Day. Addenda � The Bidder acknowledges receipt of the following Addenda Numbers (Initial and date addendum #s) : 2 -- --- : 3 _ _ : 4 _ _ _; 5 Dated this Day of , 200_ Firm Name: Address: By: Title: Seal Contractor's License No. (if applicable) NOTE: This page along with the signed and notarized Drug-Free Workplace form and BF-3, are to be completed and retumed, with the bid security, as they form the required bid package submittal. END OF SECTION .. P:�99-4083\Spec & Bid Docs - 99-�1083A�Bid Docs�Bid Proposal Form - Lump Sumdoc 102M02 1:03 PM EPB-3D Canal Widening - CONTRAC'f - EJCDC Standard Forat Agee-B.doc EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is by arid between The City of Palm Beach Gardens, Florida (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The work consists of furnishing all labor, supervision, materials, equipment, tools, supplies, fuel, transportation and services necessary to widen the EPB-3D Canal within the Pine Tree Boulevard right-of- way, from the eastern Banyan Street right-of-way line, east fo 100-feet west of the aerial utility crossing (adjacent to the EPB-3 Canal), per the lines and grades of the Plans including, but not limited to: construction stakeout; mobilizarion/demobilization; water quality and siltation control; dewatering; clearing and grubbing; earthwork; removing existing inlet, pipes and sand-cement headwall; constructing sand- cement headwall; constructing sand=cement spillway; sodding or seed and mulching; record drawings and all incidentals to complete the improvements in accordance with the provisions of the Plans and Specifications herein attached and as duected by the ENGINEER. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: The widening of EPB-3D canal along Pine Tree Blvd, between the eastern Banyan Street right-of-way line and 100 feet west of the aerial utility crossing (adjacent to the EPB-3 Canal), in Palm Beach Gardens - Plat 4 (AKA Garden Woods). ARTICLE 3 - ENGINEER 3.01 The Project has been designed by LBFA, Inc. of West Palm Beach, Florida. who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. . ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. The time limit for Completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Comp(etion The Work will be completed within 90 days after the date when the Contract Times commence to run as provided in the Contract Documents, C-1 P_�99-4083�Spec & Bid Docs - 99-4083A�Bid Docs\CONTRACT - FJCDC Standard Fortn Agree-B.dce 1024/02 1:02 PM EPB-3D Canal Widening - CONTRACT - EJCDC Standard Form Agree-B.doc 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified above, plus any extensions thereof in accordance with of the Contract Documents. The parties also recognize the delays, expense and di�culties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER the daily amount specified in the Contract Documents. ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs S.O1.A: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. (See Attached Bid Proposal Document for Lump Sum Bid.) ARTICLE 6 - PAYMENT PROCEDURES 6.01 Final Payment A. Upon final completion and acceptance of the Work in accordance with the Contract Documents, OWNER shall pay the Contract Price as recommended by ENGINEER. ARTICLE 7 - INTEREST 7.01 All moneys not paid when due as provided in the Contract Documents shall bear interest at the rate of 8% per annum. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has cazefully studied all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in the Contract Documents E. CONTRACTOR has obtained and cazefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto C-2 P:V9-4083�Spec & Bid Dacs - 99-4083A�Bid Docs\CONTRACT - EJCDC Standazd Form Agee-B.doc 10/24/02 1:02 PM EPB-3D Canal Widening - CONTRAC'C - E1CDC Standard Form Agree-B.doc F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has conelated the information known to CONTRACTOR, information and observations obtained from visits to the Site, drawings idenrified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by - ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally su�cient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents 1. Bid security 2. Bid Form 3. Bid Proposal Form 4. "Drug-Free Workplace" Form 5. Aclrnowledgement of receipt of all Addenda 6. Drawings consisting of a cover sheet and sheets numbered as shown on the cover sheet being a total of 5 pages, inclusive, with each sheet bearing the following general title: City of Palm Beach Gardens EPB-3D Canal Widening Within Unimproved Pine Tree Boulevard Right-of-Way Plat 4 Drainage Improvement Phase II Palm Beach Gardens, Florida PBG Project No. 2002-010 7. Addenda (numbers _ to _, inclusive); 8. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed (Being 1 page); b. CONTRACTOR's Bid (page BP-1 - BP-2); A. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Written Amendments; � b. Work Change Directives; ( C-3 P:V9-4083\Spec & Bid Docs - 99-4083A1Bid Docs\CONTRACT - ETCDC Standard Foirn Agree-B.doc 10/'��/02 1:02 PM EPB-3D Canal Widening - CONTRACT - EJCDC Standard Form Agree-B(orig).doc c. Change Order(s). B. The documents listed in paragraph 9.O1.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions. ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Contract Documents. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or pazt thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Indemnification A. The CONTRACTOR shall indemnify, defend, save and hold hazmless OWNER, the Engineer (LBFH, Inc) and all of their officers, agents or employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of, or due to any negligent act or occurrence of omission or commission of the contractor, their officers, agents or employees. Neither the CONTRACTOR, nor any of its officers, agents or employees will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the OWNER, the Engineer or any of their o�cers, agents or employees. C-4 P:�99-4083�Bid_Dces\CONTRACT - EJCDC Standazd Form Agree-B(orig).dce 11/04/02 5:08 PM EPB-3D Canal Widening - CONTRACT - EJCDC Standard Form Agree-B.doc IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on , (which is the Effective Date of the Agreement). OWNER: City of Palm Beach Gardens, Florida By: [CORPORATE SEAL] Attest Address for giving notices: CONTRACTOR: By: [CORPORATE SEAL] Attest Address for giving notices: (If OWNER is a corporation, attach evidence of authority License No. to sign. If OWNER is a public body, attach evidence of (Where applicable) authority to sign and resolution or other documents authorizing execution of OWNER-CONTRACTOR Agent for service of process: Agreement.) Designated Representative � Name: Tide: IAddress: Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) Designated Representative Name: Title: Address: Phone: Facsimile: END OF SECTION C-5 P:�99-4083�Spec & Bid Docs - 99-d083A�Bid Docs\CONTRACT - FJCDC Standard Form Agree-B.doc I024IO2 1:02 PM City of Palm Beach Gardel�s EPB - 3 D CANAL WIDENIN CT WITHIN UNIMPROVEI) P[NE TREE BLVD. I2IGHT-Of-,-WAY PLAT 4 DRAIN�GF, IMPR(�VCMENTS PHASI? ll Located in Section 1, 7'ownship 42 South, Range 42 East Palm Beach C�'ounty, Flc�rid�l � � . � ,�„�� � �� � � � �� �� � � .. � , .,���i�, i� , ^��:.ii � �i � . Flflanl�c U�.ezrn � � � �,' � �� �� � �� � . - ��� ���� I�Y'OJECt I.f�(tCxf�20YL � � 'r ii+ ��,� ,rrir., i i� i< � ' i � i u, i,n.i i � . �,�,.� r.�r�,r � C O�I�ULTING CIVIL ENGINEERS, � �IIRVEYORS & MAPPERS f'ar/n,ers P'or Pesu,lts, INC. VaCue 1J�y Design," SSb �� VJ. Curporale I' �il woy, f'alm Cily, �lorida �499G � :f .I j ���iP; .;BFs i �..-,F I ) 28r,�-3925 Gi'It e� f�NFF rrnse �1 )�9 wmw ILfh..corn !�I I .ill I I ���. I I ���I�I I� I �I II �; � � l, li Ir� lili,.. ��� I � I I� I 't�Y � II..,. � I I I I i I,��� i I . �I1 i � � i.�� � � i �''I II I ,! ,I�li�i � � I I I � Y.� i- -''— L— � NHO�FCi ' � LOCATION I l ��,!I I l �,'� i I' ����t�:�r;�T ���r � .�1/F/;T.NUt11Tl'R tiHFtl ll[Ihl[)F.S'(PIPTION 1 COVER 2-3 GENERAL NOTES & SFECIFICATIONS 4- BIRCfi STREET OUTFALL 5 EPB-3D CANAL SECTIONS I � ca_i aa Houes devoaE rou ois w rioeion 1-800-432-4770 ;� ,�; ,-, : �, >> ��� �� -_ �, SUPPLEMENTARY CONDITIONS ! � a�e *�luc^ °°..1� � mro� ,..a� a.e �wn or cc. ao ra,a. '^. ePe � m�o, .�am e.o�n ea,�o.a vm .,°t� .��. � rvonn..� roim a�a�n co�sry imp.e..mem o�.i�n v.mi� xe swsri�z3. cz—o�s tp//..wii.nN �. /�e=�ax��'� /r �ooW�acn�no pr� r sp.�a ma oa o„na on ne mo ..mte a� ne io ny ua� M � �oune � ,,�, ,�.nm .ne moa. .wsHm. s"/.e/� os/s a aam �ee._nrm reii �e ure� nii����lm,._..a. o�j 5 co�.,� �a�o� sy��„�a ��a:j/'M..,..o. om%s�,�aa �oi/9w�aam�m�n�„ su ..e,n> o� �na �x� nnp:j/ .��..p:�rvazoe� o�a iiem�n r,.r' p..�.re�oa anan ea maee io osxa m.se �o� na ia��a o� �ne osu..wne ai ina �ou �e GENEFAL CON�IilONS: ee� �. '(9U .e). .o r ccex.�.: n t�� ro tne o . e iy . �nae reem�m wo�xmY�000aoca• � �c�e. [mpor.. � r.� nt i.�n�i.. tioaopao �yy.egc�e�ey e�.ease (i� aoo moj oo) ��•,= vs r o� e.. �w� � u o. oow.. f{ oeo oao) •(q� w000al a . a� oae�o„a o� s, a . se .� .��.�' s ao n.o q ma r or a,. � a a m o m ee v.� in o r r.o ��„ee � s. ia "e" s ie ro. eoe r �i�n e„a a�9 o„��.a�o� a, vara�eeor� m� o.�„ awio, �i�, �MS ,<. a,�ai .mn c�,�i,ouo, a�eio, s.,pa.wno, . v_m,, .,rvo�v, o. < r, `' of( e } pu[RIES/n0�EN0A: PRE CoNS7RUCioN CoNFERENCE: � Wwx 'c ,,. o n.. ��e�vre .no ee �i� � ��_ e �o �.aaa� �s � asm<<o � o. n� Poea u i� a.e rvoc.on�.e.. u.� Mre<m�,os�a.�mo�m.�a�„�� oi�a. �ne rvoi� e r�avan�w.o��e� .�,..e er �ne rn��M. NoiICE io paocEEO. are. �na eai� or ���.o� �r ue ��i�aa eoam.,,m, .�i�� ornen..e m���aur z�.e �r �na ea�w��o., �n� o.�e�, a�e io) �a g« —< P r�o. �se�� nu asoo ano�e Ho, (se?� srs.wa -° <ac,o,�� u'.° iss°,i ess; �;iz�' a �. x'o°"isa;I'sz,`zcao �.� .,., .�n o,xd'usi.,sy e .P�o�>NO°°��ss�i�;4,";�ao .�� n e��.em�e�� � otorR s�cee. p�wM M ux Gvn4wlv. m=r sna emw r�.movee a.e aap�.e m �onioemu�� EMEROEUCV COrvint.l NIIIABERS� � ..�., oi �ne o. a�. ..�� io� o� � r e��e�t �n. ��,e�� .oh � c�. mo rev� a wa. �= n �. o� � ma��a., a a y en nea �n.,, eamoaea e�.�s in.�o��aio. m irve .ro.r. x, a�u .no ( I .�(ij�ym U xooi vERir�r scaLe „�♦� �oNS��r�N� ����� EN���EERS. Epg-3D CANAL WIDENING e� BAR IS cWA� io OrvE SURVEYORS S MAPPERS JJ PR4OB`.� INCH ON ORIGINA� pRAWING � °ran�.s Fo. Reswes, CIiY OF PAI.M 9CACH CARDFNS o�� � INC. voz,.e ay nes�,��� . � . SHEET no�usr u� cn�EO �oyo P°�m ae°°" ��"e9 a"d. swce eoo, we�c vo�m sea�n, F� a,>o9 General Notes and Specifieations oiMer�sarus awoaowc�r (ssi) aaa-33>s va.: (ssi) sas-as3i 2 or 5 BPR k FBPE Licanse No: 959 www.IbfM1.com THE WORK UNDER THIS CONTRACT uoe�i¢nnarv/ocuoeaiuriou. na ��enne ). � ine w�� r xa� re�� �a (� r o a�o� a�e ��a e� o na� � o. �a.,, cr i�� .w,. ��, ., �,a va�.. .. ,.,, ,na oo .. e m�s�s x�v � caae..� �.n�a m �m). ��o,m�, .� REPORLS aup RECOR�S�, p r o� a.a on� �s n f c ar oo. n. . rso i� or xer io� �o�)� m tna �eer. ��•"° �'e (z) eue ne or eooh p. �� oeen..�o9n p� a��u , ner. ay y . . �m om.a a�o eo oua�nra to eeen n9m r �vnunon_ e noi r eoa �m rute. o �er�croon/9 .( t�e)9 unmo ee) o�qna ao�a uwt eaa aekja� m or g nav .non ae o mimm�m. any c y w tne siyn imo�mouon one aam, ro� u. �ouowing (os it appi�ex ro rne - �ope ane ��niomne(aa6conao-u a oi au smrm ua s(sWM,1: n� 1 water -on�erc �, or a�ner rer.re.�a. anou n ro, ue reie�an pointz ano,m m oii�,. ror eom o� avote ne eieve�i�n o1 �ne no� i eoin.a on w_n �oniea item �(eny. o�uiee top of w��om oc ena ouuiee oattom o N nny oaa i�onai Pwma�ent Denm.-ne��, eet M in. ca�.u�ma. rar �n. xoi+. .n�u ee noma on tn. v.o�m oio.��w. uo�ore re aeowre ��. .e.�. a�.an �o �i� o��o�a, as«a„ a�a ���i���„ a� �o ��,� ro,„, o.�r. �s.���„ �aro, ��,i���� � s,��,a�c�a. o.<. rev�r M ,.,.,�e o.;i a o, io;" F°eM",�..=ur�.m�e�„ eam.rs ar�u ��awce �n� n r mo� ia, m v i�v, aa�, o ree,00am.m, m 4�a. eo,,,, " a�.. d., ,�, �a � oaa�o.`,�a �a.� �. 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". . ° '" a „ �,�a .o . me oamana. d�oii iwre. momta�n tne rae o(sp rmc� w aevua tno.�i ie not o.e.eumenee .��n .mar�ai nom �..m�. e�i�.a, ooe �.mwoi �oe� im<n� o�ne�n artrr aii ,oi.nom�c. x ng �oi�. m af �ne ne�LO��u1te1 � etm. eae a vame or v v n� Fn neer.� �"'n ua g vei�oro. u a unmoter • ��( s)6 . . .ter . n�coaea P �m ang nnto oe �ee ona �o GNA� E%C.ovailON & SPiLLWAY: � °° "01 oi �n< <�g��..,. uooiricniioHS ar �wrino�s, ca sN�ix�ns�. a�a wmn a��aii��a,. ro... ia,ma , o.o ce �,� �a i�a��o�� a�m�ia, .o,. �o o�..,,�,�c.� a o�o=..�=, aoaoo,�a�.. °i�, o <��n�� 2"io�o �e,����..�i���o.e��. �.�,�reioo .�.,..o, qe���� 9��> � . o���.a w Ue .o,w � �.e �o, aa�a aw.�.E�, or ��. .�� ;nio%�e. .�.OValia.� o. ��Pa..�. a �o�,�,�,�,a ,� ��. ��d�a, �`.io;o,. a. �,a��a«o o. ��e P�o�s �, a� a �� m7� �si�o raowu��, a o � nead.a��.. ��� n a ov ,���u e, �oro„a so ren`�°P e� ne�e :, ea�,a,� s„n �sni�r , r �.� >" u. aewes o, ,n«. s o. �r« ,� �a �n. ��,n �9'm�° �.°,i �o w. �.,o. rna oo asmrca .�n(voa oy t e conwc�ar a �o tne orner. '`� eos eaw mee ne mu or e comACo . � manwn �n6zoeoeo a�..v unt � ept e q ueeo.n..saa pers� . rooa p �mto q ot 5 s�e< <o ��.v a �em..ta o ue aona �.no aa e ren ns, aa �eeuree. °(er s� ng) �� tne rcor .. c�e �.. v, o m�mum oi ()'nmas o�o�zna �a ��acm�e e ane em.a.a a�s w � vee�Fr scncE �a�s��*�N� ����� E����EERS, EpB-3D CANAL WIDENING &4R IS EQUAL TO ONE SURVEYORS & MAPPERS wcr� aN oaiciw� oaawiNC �h "Pan�.: Fo, tt�swes, CITY O� PALM BEACH GARDENS 99 vR4083 INC. aatve By Design" SHEET � 2oso Po�m eeo�n �akas s,�,, s��e s o, � a�m eea�n, r, aaaos General Notes and Specifications ADJUST ALL SCAI£D (561) 604-33)5 Fox: (561)e689-8531 3 DIMENSIONS ACCORDINGLV BPR & F9PE License No: 95 w ibfh.wm OF 5 ��.> Ex�s�R z> H�P � c�o tMa�N, 4 GRAPHIC SCALE � N 659 .,Y 1(IxEFeET�tt (TON � // _ ' / ; � / � /5 W ,' � �C'� y / -y 1 F EA j. � /� �� N i' CONS�RUCT� /• � f � SAN� CEMEIlr - HEnDWNl PER ' FOOi IN�E% = � / �� ]58 PpoP/ie/�i// i / / ;, / � � �'� � ,�'� ,�g,$� � ������,- ���� �������, , �-'. 23 �o�o��o� � �EasEME�r,z ,F�E : _�-- —� �a ,___ _�" . r ,�� /tXS�E MP 01V _ .. - " � � � �' �F�R�- '� / '' �i/� - _ ./ i���/ -'" 225F 0¢ � E ' RCP , (ia a[Ma J , "� _- ' . _ ��30 i,F a% - 0 t'VIST " RCP _ � (TO BE QIT k - - -'� ,- ; �, _ , r �Z�4�� G�, ' � � � , '"� —_ R�P � � , �ti�70 i.-��' �— £1, / j / � � -' - /� �+� i RP /,CRFA OF /� „� � PROPOSW i' /'� SN/ - f �yf �' (TO BE REMOVEp � / E%CAV�IMN� � � � //E AI21•eA � h Ek15T SLOPE /� , %ST. 1q RCP Tp gE qESiORED) /"� ���� Cy.=%i0' (Ta BE REMOKD � � /, ���gp. L°2��� � CT �eE a�o�o) m�eE ersmeEO) E�� T� D � /� eprok/ Cf� % ,ov_°—F �Nl _ j � E�55 o R�t,P /� CALL 48 HOURS BEFORE YOU DIG IN FLORIDA �—soo—a3z-4��o rt s .xc uwi SUNSHINE STATE ONE CALL INC. �ii�l'IFY[]iF9 t— � , '� - I I �.��� -�I � �� arzo�osto saNO -ceMeNt nrnnwn�� N.T.S. ves[ev senLE coNSU�riNC crva eNCiNeeas, EPB-3D CANAL tiYIDENING Baa i5 EQUAL TO OrvE SURVEYORS k MAPPERS wcr� orv oaiciHn� oanwirvc "t'are+,�rs Fo. Reswes, CIiY OF PA�M BEACH GARDENS INC. vazve Ba cesip�.^ iI . . . ��� 2090 Pulrn tleocM1 Lakes Blvtl, Sui�e 600, Wesl Palm Beoc�, FI 33409 BIR,Cyy STREET QI]T]� [�I�L i ALL SGALEO (561) 884-33/S fax: (661) 66 - �IMENSIONS ACCORDINGLY HPR & FBPE Licenee No. 959 www IbfF rom KEY MAP � 99 PR4083 SHEET 9s o9.f oanui�awg I tl0.0'_.._ . . . .._I_ ... .. _ �NAL R.O.W. (VARIES) CATALF�MO PINE iREt BivO. R.O.w. FOPERtt I' E�£V=1},0' CONiFOL ELEV. VARIEI� � ..ELEV=0.0' 1 IE%ISTING FON(:EMAiN F I _`/A�IES I I I E%ISiING CANAL BOTiON EXISTING EPB-3D CANAL SECTION 80.0' Cnn�qL R O.W. (VnRiES) _ -- VIN[ lREE BLVU. k.fJ.YI. . _li _..— -._� i PROPOSE� E%CAVATION - I � n I' ELEV 13.0 �� NTROL L_ . IES�i / —I - � � E EV. B.0' � , ELEV=6.0' . .d � �� FlEV=00 I I_ __ .__ _ � d � S�IL EASM ' _ i BOTTOM I FUTl1RE E%CAVATION ExiSiING F�RCEUriN BT OTHERS PROPOSED EPB-3D CANAL SECTION N�TF- EXISTING I ANI)5(;AF'INC/TkEES, WIiHIN F'ROJECi I IMITS, SHALL 6E REMOVED AND SOD SHALL BE INSTALLED 2' BELOW (;(iNTR�I_ FIFVFTION TO 2' BEYOND PROPOSE� TOP OF BANK. ALL OTHER DISTURBED ARE4S SHALL BE SEED AND MULCH. ��' � eo.o' caN . .. . . 'vAreics) I� PINE TREE BLVD. R.O.W. I I � � � :�ea a.� � � , _sai� �� e�EV-i3o i. =ao� i� �� � �e�v=o.o� _ :� �� � �� � � E�EV. vnRiEs '� . EI.�1.' 4- f _ . _/ � i% I � ��\ I �0 3[� / � BOTfOM 7— \' I. `___ � �3 . APPROX. LOC i0N OF 3 \ \ _� �BEEDRHERSC�.,.iJN E%I5fING F R EM IN �s ., SECiION iHiy yHFt ���.+. `:S'Y} ���. .Via.���� ,tfLx °. •. 3-�+yr. . .�+ �, � '. � � �} . "}�!; JF��tj ' ; .�xG r� . �si a fai+�aSv"i' i�$1}SN'/5._Sr' . ��•yi${spl''f3..."�wG. �Y.,.Y.Skt` S 363 }.�.'::.., 7r" PROPOSED 25' WIDE SPILLWAY DETAILS LOCATED 60 LF EAST OF BANYAN STREET R.O.W. SCALE: I°=20' vearFV sr,ni.e �°"�°"�"� �'°'� E"°'"EERS, EPB-3D CANAL WIDENING enR 5 EOUnL i0 OrvE SURVEYORS k MAPPERS werv orv oaeiw� oanwirvc � 'partaers eo+ neswt: .. . CITY OF PALM BEACH GARDENS .-- INC. vnd� By tk�,:g�. .. , r e_ _... soeo Pmm eea�n �akes e�a s��e soo wes� Paim ee i v aa<os L' YB-3U C3IIal SeCtlonS nOJUSt ALL CALED (561) 684-33]5 Fax: (561) gg9_g531 Uu PPTE BY REVISIONS DIMENSIONS ACCOR�INGLT & FBPE License Na: 959 w.IblM1.com ,eF� >wo,E�. xo: 99-4083 SHEET 5 or 5 Date Prepared: December 6, 2002 Meeting Date: December 19, 2002 Resolution: 230, 2002 EXHIBIT B Hardrives, Inc. Bid Response Package Bid Bond KNOW ALL MEN BY THESE PRESENT5, that we $ardrives, Inc. 2101 S. Congress Avenue, Delray Beach, FL 33445 as Principal, hereinafter called the Principal, and Fidelity & Deposit Company of Maryland 9100 S. Dadeland Blvd, #908, Miami, FL 33156 a corporation duly organized under the laws of the State of Maryland as Surety, hereinafter called the Surety, are held and iu-mly hound unta City of Palm Beach Gardens,10500 N. Military Trial, Palm Beach Gardens, FL 33410 as Obligee, hereinafter call the Obligee, in the sum of Five Percent of Amount Bid( 5% � for the payment of which sum weII and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal has submitted a bid for EPB-3 Canal Widening, PBG Project #2002- O10 NOW, THEREFORE, if the Obligee shall accept the bid of the principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in fnll force and effect. Signed and sealed November 22, 2002. witnesses: Hardri s, Inc. �seal� By: • � � . . / ," � / Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: 3910 KESWICK ROAD, BALTIMORE, MD 21211 KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by M. P. HAMMOND, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By-Laws of said Company, which are set forth on the reverse side hereof and aze hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint Gerald J. Arch, Michael A. Hotmes, James F. urphy, Jeffr� L. Leggett, Susan E. Bohm and David J. Viltari, all of Ft. Lauderdale, Florida, EACH its true ful aaent ttorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and any an onds and undertakings and the execution of such bonds or undertakings in pursuance of these prese , 11 be as � g upon said Company, as fully and amply, to all intents and purposes, as if they had been duly execute cknowl y the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper p . This p f attorney revokes that issued on behalf of Gerald J. Arch, Michael A. Holmes, John S. Coppin, Jame rphy, J . Leggett, and Susan E. Bohm, dated January 2, 2001. The said Assistant Secretary dces hereby certifj� the extrac� orth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-Laws of said Company, w in fo o � IN WITNESS WHEREOF, the said esident� ssistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said T'Y A�, �POSIT COMPANY OF MARYLAND, this 15th day of October, A.D.2001. � ��\`� ,��5' C�S' � ATTEST: v O<� FIDELITY AND DEPOSIT COMPANY OF MARYLAND '�p DfPpy.�i �; ZO ti f�q�4 � _(� V �� .a ; � � w� v � � � _ . �„M.:� . � � �,.., Y � .� . By. T. E. Smith Assistant Secretary M. P. Hammond Vice President State of Maryland County of Baltimore ss: On this 15th day of October, A_D. 2001, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came M. P. HAMMOND, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELIT'Y AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowtedged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said o�cers of the Company aforesaid, and that the seal affixed to the preceding inshvment is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. � � �� �IDPUBL�l� ���� POA-F 031-2167 ����ar� Carol J. Fader Notary Public My Commission Expires: August 1, 2004 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Execut'rve Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." _ CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELIT'Y AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELIT'Y AND DEPOSIT COMPANY OF MARYLAND_ This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELIT'Y AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the l Oth day of May, 1990. RESOLVED: "That the facsimile or mechanica(ly reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 22nd day of November 2002 �� Assistant Secretary L �`�. November 6, 2002 To: All prospective bidders for the following project: CITY OF PALM BEACH GARDENS EPB-3D CANAL WIDENING WITHIN UNIMPROVED PINE TREE BOULEVARD RIGHT-OF-WAY PLAT 4 DRAINAGE IMPROVEMENTS PHASE II PALM BEACH COUNTY, FLORIDA PBG PROJECT NO. 2002-010, LBFH PROJECT NO. 99-4083A ADDENDUM #1 Bidders for the above referenced project must acknowledge receipt of this addendum by signing either below in the space provided under ADDENDUM #1, ITEM B: ACKNOWLEDGEMENT OF ADDENDLTM RECEIPT and including it with the submitted bid, or sign in the space provided on the Bid Proposal form on page BP-2 within the Bidding Documents_ ADDENDUM #1, ITEM A: EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE, ARTICLE 10 — NIISCELLANEOUS, SECTION 10.05 INDEMNIFICATION The following sub-section B. has been added to the section referenced above, and the revised sheet C-4 is attached as part of this Addendum: "The CON"I'RACTOR shall hold the Department of Community Affairs harmless against all claims of wha[ever nature arising out of the CONTRACTOR's performance of work under this Agreement, to the extent ailowed and required by law." ADDENDUM #1, ITEM B: ACKNOWLEDGEMENT OF ADDENDUM RECEIPT This Addendum #1 is issued for the purpose of providing all prospective bidders with information relating to the above-referenced project. This Addendum #1 shall be considered as part of the Contract Documents. To acknowledge receipt of this Addendum #1, please either sign in the space provided and return this page with your submitted bid, or sign in the space provided on the Bid Proposal form on page BP-2 within the Biddin Documents. This Addendum #1 was received on � �' 7' OZ by • Date Person / Title / Company W. ALLEN POSTON C1TY OF PALM BEACH GARDENS VICE PRESIDENT EPB-3DCANALWIDENING HARDRIVES, INC. WITHIN UNIMPROVED PINE TREE BOULEVARD RIGHT-OF-WAY PLAT 4 DRAIIVAGE IMPROVEMENTS PHASE II PALM BEACH COLINTY, FLORIDA PBG PROlECT NO. 2002-010, LBFH PROJECT NO. 99-4083A ADDENDUM #1, PAGE 1 OF 1 EPB-3D Canal Widening - CONTRACI' - EJCDC Standard Eorm Agee-B.doc c_ Change Order(s). B. The documents listed in paragraph 9.O1.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those iisted above in this Article 9_ D. The Contract Documents may only be amended, modified, or supplemented as provided in the Generai Conditions. ARTICLE 10 - MISCELLANEOUS 10.01 Ternzs A. Terms used in this Agreement will have the meanings indicated in the Contract Documents. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment witl release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obiigations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10_OS Indemnification A. The CONTRACTOR shall indemnify, defend, save and hold harmless OWNER, the Engineer (LBFH, Inc) and all of their officers, agents or empioyees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of, or due to any negligent act or occurrence of omission or commission of the contractor, their officers, agents or employees. Neither the CONTRACTOR, nor any of its officers, agents or employees will be liable under this section for damages azising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the OWNER, the Engineer or any of their officers, agents or employees_ B. The CONTRACTOR shall hold the Department of Community Affairs hacmless against all claims of whatever nature arising out of the CON'TRACTOR's performance of work under this Agreement, to the extent allowed and required by law. C-4 C\TEMPICONTRACT - EJCDC Standard Form Agee-B.doc i l/04/02 4:04 PM City of Palm Beach Gardens EPB-3D CANAL WIDENING Within Unimproved Pine Tree Boulevard Right-of-Way Plat 4 Drainage Improvements Phase II Palm Beach Gardens, Florida PBG Project #2002-010 November, 2002 SPECIFICATIONS �. BIDDING DOCUMENTS Prepared by INC. CONSULTING CIVII.. ENGINEERS • SURVEYORS • MAPPERS 2090 Palm Beach Lakes Blvd 5uite 600 West Palm Seach, Florida 33409 LBFH PROJECT NO 99-4083A EPB-3D Canal Widening - INDEX PAGE.doc INDEX PAGE COVER SHEET INDEX PAGE INVITATION TO BID INSTRUCTIONS TO BIDDERS STANDARD SPECS DRUG-FREE WORKPLACE BID FORM BID PROPOSAL CONTRACT � INDEX - 1 P:\99-4083�.Spec & Bid Docs - 99-4083A�Bid DocsWIDEX PAGE.doc COVER INDEX - 1 INV - 1 IB-1-IB-2 SS-1 DFW-1 BF-1-BF-3 BP-1-BP-2 C-1-C-5 10/1A/02 1:01 PM CITY OF PALM BEACH GARDENS, FLORIDA 10500 N.IVIILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410 INVITATION TO BID PROPOSAL NAME: EPB-3D CANAL WIDEMNG Within Unimproved Pine Tree Blvd. Right-Of-Way Plat 4 Drainage Improvement Phase II CITY PR03ECT NO. 2002-010 LBFH PROJEC'I' NO. 99-4083A The City of Palm Beach Gardens is soliciting bids .for widening of the EPB-3D Canal within the Pine Tree Boulevard right-0f-way. Please note: All excess and salvaged materials shall become the propertv of the contractor. Sealed bids must be received on or before November 22, 2002 at 1:00 p.m., (Local Time), at the office of the City Clerk, 10500 N. Military Trail, Palm Beach Gardens, Florida 33410. Normal City business hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, except holidays. Any proposal received after the specified time will not be considered. The Bidder is solely responsible for ensuring the bid is received on or before the deadline. On the envelope containing the bid shall be written in large letters: Proposal For: EPB-3D CANAL WIDENING To Be Opened: November 22, 2002 at 2:00 p.m. All bids will be opened in the City Hall Council Chambers at 2:00 p.m., November 22, 2002. All bids not submitted on the required forms will be subject to rejection. Bidding and Contract documents, including plans and specifications, are available in the City Clerk's office during normal City business hours. It is agreed by the Bidder that the signing and delivery of the bid represents the Bidder's acceptance of the terms and conditions of the Specifications. A Mandatorv Pre-Bid Conference will be held at 11:00 a.m. on Wednesdav, November 6, 2002, in the City Hall Council Chambers, 10500 North Military Trail, Palm Beach Gardens, Florida 33410. Bids must be accompanied by a certified check or bid bond in the amount of 5% (five percent) of the bid. All bids will be required to be submitted under a condition of irrevocability for a period of ninety (90) days after suhmission. Tt►e City of Palm Beach Gardens reserves the right to reject any or all bids, in whole or in part, with or without cause, to waive any infomnalities and technicalities, and to award the Contract on such coverage and terms it deems will best serve the interest of the City. Criteria utilized by the City of Palm Beach Gardens for determining the most responsible bidder includes, but is not limited to, cost, whether the bidder meets the City of Palm Beach Gardens published Specifications, the Bidder's experience, skill, ability, financial capacity, and any other factar which could reasonably be asserted as being relevant to successful perFarmance. Any questions regarding the TTB Specifications and process should be duected to: Melanie A. Straub, E.I. LBF&H, Inc. 2090 Palm Beach Lakes, Suite 600 West Palm Beach, FL 33409 (561) 684-3375 EPB-3D - Canal Widening - Insiructioos to Bidders INSTRUCTIONS TO BIDDERS BID NAME: City of Palm Beach Gardens EPB-3D Canal Widening Within Unimproved Pine Tree Boulevard Right-of-Way Plat 4 Drainage Improvement Phase II Palm Beach Gardens, Florida PBG Project #2002-010 LBFH Project 1199-4083A Sealed Bids must be received on or before 1:04 P.M. (local time) on Thursday, the 22°d of November, 2002, at the Ofiice of the City Clerk, City of Palm Beach Gazdens, 10500 N. Military Trail, Palm Beach Gardens, Florida 33410. Normal City business hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, except holidays. All bids will be publicly opened and read at 2:00 P.M. on Thursday, the 22°a of November, 2002, in the City Couricil Chambers at the above address. It is anticipated that the bid will be awarded at the regularly scheduled meeting of the Palm Beach Gardens City Council on Thursday, the 19`� of December, 2002. Bids received after the designated time will not be considered. Bids may be delivered in person or by mail. All Bids must be sealed and addressed as indicated. On the face of the envelope containing the Bid shall be written in large letters the words: B�i FOR: City of Palm Beach Gardens EPB-3D Canal Widening Within Unimproved Pine Tree Boulevard Right-of-Way Plat 4 Drainage Improvement Phase II Palm Beach Gardens, Florida PBG Project #2002-010 TO BE OPENED: November 22, 2002 at 2:00 P.M. A bidder may withdraw his Bid at any time prior to that fixed for opening bids without prejudice to himself/herself. Bidders are invited to be present at the opening. Bids received after the time set for the receipt of bids will be returned to bidder unopened. It is the sole responsibility of the Bidder to make sure that their bid reaches the City Clerk on or before the closing date and time. Bids submitted by telephone, telegram, or facsimile shall not be accepted. If Bid is sent by overnight courier, (e.g., Federal Express, UPS, etc.), Bid documents must be enclosed in envelope marked as instructed above. The City reserves the right to reject any or all bids, in whole or in part, with or without cause, to waive any informalities or technicalities, and to make awards either as individual items or as a total combined bid, whichever it considers to be in the best interest of the City of Palm Beach Gardens. The Bidder will be required to use the Bid blanks attached hereto, which form a part of the Specifications, and shall remain intact. I: P:\99-4083LSpec & Bid Docs - 99-4083A\Bid Dces�last to Bid.doc 10/2M02 1:02 PM EPB-3D - Canal Widening - Insttuctions to Biddecs No bidder may withdraw their bid for a period of ninety (90) days after the date set for the opening thereof. All prices must be clearly stated in figures with ink on the line provided. Any variation/deviation from the Specifications must be explained in detail on a separate sheet, signed and dated by the bidder and attached to the Bid Form. Bids must be signed in ink, by the bidder, with the signature in full. When a firm is a bidder, the agent who signs the iirm name to the bid shall state, in addition, the names and addresses of the individuals composing the firm. When a corporation is a bidder, the person signing shall state under the laws of which state the corporation was chartered, and the name and title of the off'icer having authority under the by-laws to sign contracts. Anyone signing the bid as agent must file with it legal evidence of his authority to do so. Post office address, County and State, must be given after the signature. Bidders are cautioned to fill in all information as requested on the bid form to serve as a basis for making awards. All �State and Federal Tax exemptions applicable to municipal corporations will apply and appropriate certification shall be furnished. A Bidder is expected to fully inform himself/herself as to the requirements of the Specifications; failure to do so.will be at his/her own risk. A Bidder shall not expect to seek relief .on the plea of eiror. Any questions regarding the Bid Specifications and process should be directed, in writin�, to: LBFH, Inc Melanie Straub, EI 2090 Palm Beach Boulevard, Suite 600 West Palm Beach, Florida 33409 Fax: 561-689-8531 Email: melanie-s@lbfh.com END OF SECTION i: P_\99�083�.Spec & Bid Docs - 99�083A�Bid DocsUnst to Bid.doc 10/24/OZ 1:02 PM Bums Road West - Standard Specs CITY OF PALM BEACH GARDENS STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION It is the intent of these Specifications that the Florida Department of Transportation "Standard Specifications for Road & Bridge Construction" latest edition be used as the basis for the work, and that where such wording which refers to the State of Florida and its Department of Transportation and Personnel exists, such wording is intended to be replaced with that wording which would provide proper terminology; thereby, making such Standard Specifications and General Provisions as though they were the Standard Specifications and General Provisions of the City of Palm Beach Gardens in conjunction with the City of Palm Beach Gardens retained Engineer(s). In addition to.these Standard Specifications and General Provisions, there wi1T be those Special Provisions and Supplementary Conditions included, which would pertain to the pertinent items of construction. END OF SECTION SS-1 P.�99-4083�.Spec & Bid Docs - 99-4083A�Bid Docs�Stand Spec RB.doc 10/24l02 1:02 PM Bums Road West - Drug-Free Workplace Form DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that HARDRNES, I(V�. (Name of Business) does does not cuc e appropriate response) Publish a statement notifying employees that the unlawful manufacture, distribution> dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the � actions that will be taken against employees for violation of such prohibition. 2. Inform employees about the danger of drug abuse in the worlcplace, the business's policy of maintaining a drug-free workplace, any availabte dru counsel.ing. (Signature) (Date) State of rl ��' 1qA County of P�� m � � 'l- 22-02 PERSONALLY APPEARED BEFORE ME, the undersigned authority, V Y•. A I l�✓1 P��� � who, after first being sworn by me, affixed (Name of Individual Signing) his/her signature in the space provided above on this 22-� day of ND'�%�'� � , 2p �?'. � NOTARY PUB IC �u+a� Kristyn Nielsen My commission expires: � pRy�mmiasion �DOS32sa �'+�d� E�ires October 8, 2005 NOTE: This page along with BF-3 and BP-2, aze to be completed and returned, with the bid security, as they form the required bid package submittal. END OF SECTION DFW-1 P:\99-40831Spec & Bid Docs - 99�083A�Bid Docs�DRUG FREE.dce 10/24/02 1:02 PM EPS-3D Canaf Widening - Bid Form-E3CDC modified.dce Bid Form PROJECT: City of Palm Beach Gardens EPB-3D Canal Widening Within Unimproved Pine Tree Boulevard Right-of-Way Plat 4 Drainage Improvement Phase II Palm Beach Gardens, Florida PBG Project #2002-010 TFIIS BID IS SUBMITTID TO: City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, Florida 33410 Note: A compiete bid packa�e will co�ist of the submittal of the signed and notorized Drug-Free Workplace form, form BF-3, form BP-2 and:the bid securitv. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. Bidder accepts al} of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. The Bid will remain subject to acceptance for ninety (90) days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. In submitting this Bid, Bidder represents, as set forth in the agreement, that: A. Bidder has examined and carefiilly studied the Bidding Documents, the other retated data identified in the Bidding Documents, and the Addenda, receipt of which is acknowledged on the Bid Proposal Form (BP-1 - BP-2). B. Bidder has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress and performance of the Work. D. Bidder has carefully studied all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Contract Documents. E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies and data conceming conditions (sarface, subsurface and Underground Facilities) at or contiguous to the site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and progams incident thereto. BF=1 P:�99-40831S�ec & Bid Dacs - 99-4083A�Bid DocslBid Form-EJCDC modiGed.doc 10/1A102 1:02 PM EPB-3D Canal Widening - Bid Form-EJCDC modified.doc F. Bidder does not consider that any fiuther examinations, investigations, explorations, tests, studies, or data are necessary for the detemunation of this Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to tlie site, reports and drawings identified in the Bidding Documents, and all addirional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. L Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. J_ The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. K. Bidder is aware of the mandatory requirement to attend the Pre-bid Meeting, the time and date of which is noted eisewhere in these documents. Bidder further represents that this Bid is genuine and not made in the interest of, or on behalf of any undisclosed individual or entity and is not submitted in confornuty with any agreement or ru(es of any group; association, organization or corporation; Bidder has not direcfly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any individual or entity to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner. Bidder will complete the Work in accordance with the Contract Documents for the Lump Sum price Bidder provides on the Bid Proposal form, which is on pages SP -1- BP - 2 of these Specifications: (The bid prices are to be entered on the attached Bid Proposal Form.) Prices have been computed in accordance with the Contract Documents. Bidder agrees that the Work wilt be compteted and ready for final payment, wittun the number of calendar days indicated in the agreement Bidder accepts the provisions of the agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the agreement� The following documents are acknowledged, executed, attached to and made a condition of this Bid: A. Bid security B_ Bid Proposal Form C. "Drug-Free Workplace" Form D. Aclrnowiedgement of receipt of all Addenda BF-2 P:�99-4083�Spec & Bid Docs - 99-4083A�Bid Docs�Bid Eorm-EJCDC modified.doc 10/7A/02 1:02 PM CORPORATE RESOLUTION I, as Assistant Secretary of HARDRIVES, INC., a corporatian duly organized and existing under the laws of the State of Florida, hereby certify that a meeting of the Board of Directors was duly called and held at this office in Delray Beach, Palm Beach County, State of Florid.a on April 16, 1984 and that at said meeting a quorum was present and voting tlu�oughout; and that the following resolution on motion made by DOUGLAS G. GORDON, VICE PRESIDENT and seconded BY GEORGE T. ELMORE, PRESIDENT was unanimously adopted and is in full force and effect: RESOLVED that W. .ALLEN POSTON be elected as Vice President of the Corpora.tion and is authorized to execute various Corporate dacuments required to operate a business. IN WITNESS WHEREOF, I have set my harid as Assistant Secretary and fixed the COR�"ORATE SEA,L this 22 day of November 2002.. � , SI-TARON C. SHIVELY ASSISTANT SECRETAR� STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this 22 day of November 2002. By SHARON C. SHIVE�.Y, ASSISTANT SECitETARY of HARDRIVES, INC. a Florida Corporation. She is personally known to me and did not take an oath. �.►+�►�� ��y�, N��ge� � � My Commissfon DD083284 �'•a �� �res oc�o�e� a, soos NOTAR PUBLIC EPB-3D Canal Widening - Bid Form-EJCDC modified.doc SUBMITTED on November 22 2�p 2. State Contractor License No. CGC010861 .(If applicable) Bid Su 'tted by: w' A�N ��N Tit1e: VICE PRESIDEWT me (typed or p '. • (SEAL) (Signature -- attach evidence of authority to sign if a Partnership, Corporation or Joint Venture.) � V11. AILEM Pt?S'TC)N T:.,o. VICE PRESIQENT > � Doing business as: (SEAL) �ation or Joint Venture.) HARDRIVES, INC. An Individual; Partnership, Corporation, Joint Venture: Corporation Business address: 2101 South Congress Avenue Delray Beach, FL 33445 Business Phone No.: ( 561 ) 278-0456 FAX No.: ( 561 ) 278-2147 If a Corporation have signatures witnessed by the Secretary or other authorizeci officer of the Corporation. If a Partnership or Joint Venture, provide additional forms of execution for each member of the joint venture in the appropriate form or forms as above. NOTE: This page along with the signed and notorized Drug-Free Workplace form and BP-2, are to be completed and retumed, with the bid security, as they form the required bid package szibmittal. END OF SECTION BF-3 F:�49-4083�Spec & Bid Docs - 99-0083A�Bid Doa�Bid Form-E3CDC modifed.doc iorluu2 1:U2 PM Bid Proposal For Lump Sum Bid City of Palm Beach Gardens EPB-3D Canal Widening Within Unimproved Pine Tree Bou(evard Right-of-Way Plat 4 Drainage Improvement Phase II Palm Beach Gardens, Florida PBG Project #2002-010 Note: A complete bid packa�e will consist of the submittal of the siened and notarized DruE-Free Workplace form, form BF-3, form BP-2 and the bid securitv. Proiect Scope of Work . The City of Palm Beach Gardens, Florida, PBG Project No. 2002-010, consists of all work necessary, to complete the construction per the Pians and Specifications. The work consists of furnishing all labor, supervision, materials, equipment, tools, supplies, fuel, transportation and services necessazy to widen the EPB-3D Canai within the Pine Tree Boulevard right-of- way, from the eastern Banyan Street right-of-way line, east to 100-feet west of the aerial utility crossing (adjacent to the EPB-3 Canal), per the lines and grades of the Plans including, but not limited to: construction stakeout; mobilization/demobilization; water quality and siltation control; dewatering; clearing and grubbing; eazthwork; removing existing inlet, pipes and sand-cement headwall; constructing sand- cement headwalt; constructing sand-cement spi(Iway; sodding or seed and mulching; record drawings and all incidentals to complete the improvements in accordance with the provisions of the Plans and Specifications herein attached and as d'uected by the ENGINEER. To: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 We, the undersigned bidder, after carefui examination of the Bid Documents and the existing site conditions for the proposed work declare that we are familiar with the nature and extent of the work and any local conditions or regulations that may in any manner affect the work to be done. � We, the biddec, further acknowledge that this is a Lump Sum bid, to include the cost of all requirements for the work specified, by the Owner, in the Contract Documents and any addendum items that may be issued prior to the submission of the bid. We fiuther understand that it includes, but may not be limited to the following; The Lump Sum contract price for the work shall include the cost of; all required pernuts, shop drawings, acquisition of materials and supplies, transportation and storage, construction, installation and placement, labor, supervision, equipment, fuel, mobilization and demobilization as noted in Section 101 of the FDOT Specifications; the maintenance of traffic (for safety, access to the work and to minimize impact to offsite residents); the maintenance of haul routes; the cost of survey work, project staking, collection of data, creation and reproduction of the as-built Plans, and alt other records of the work; the cost of preparing an erosion control pian for the project; excavating, trenching, placing, and anchoring the erosion and sediment control facilities including: turbidity barriers, artificial coverings, sandbagging, baled hay, silt fence, calcium chloride, and other items required; the cost of maintaining said faciliries, the daily inspection and maintenance to insure compliance during storm events, the replacement of failed units, the disposal of all waste materials, the removal of the facilities and the restoration of the area following acceptance of the project by the Owner; the removal and proper disposal of; pipes and structures, trees, shrubs and other vegetation, roots and other debris; any tree or shrub trimming reguired by the work; other items necessary to prepare the overall project site for the proposed work; excavation, dewatering, proper disposai of unsuitable materials, grading and compaction; the preparation of the work area prior to weekends, holidays and planned work stoppages; placing, fertilizing, mulching, rolling, and watering, of the sod and grass; the i' P:�99-4083\Spec & Bid Docs - 99-4083A�Bid Docs�Bid Proposal Form - Lump Sumdoc tOf24/02 1:03 PM final adjustment to finished grade; and other incidentals required by the work, the Engineer, or as noted in the Contract Documents. Based on our full and complete understanding of the existing site conditions, the Contract Documents, the proposed project and the work involved, we hereby submit the following Lump Sum Bid for tt�e compietion of the work. Any variatioddeviation from the Specifications must be explained in detail on a separate sheet, signed and dated by the bidder and attached to the Bid Form Base Bid We proposed to do all work required by the Contract Documents, as amended by the addenda acknowledged below, for the Lump Sum Price of; Seventy-Three Thousand Nine Hundred Total Bid Price in Words Bid Securitv Dollars ($ 73,.900.00 1 Total Bid Ptice in Numbets Accompanying this Bid is a Certified or Cashiers Check, or Bond; in the Amount of $ 5$ of bi�ing 5% of the total Lump Sum Bid stated above_ Said Bid Security is made out to the Owner, which may be forfeited as Liquidated Damages if,. in the event: this proposal is. accepted, the undersigned fails to execute the Agreement and furnish and pay for the required surety, to insure peiformance of the work, for the Owner within 10 days after acceptance of the Bid; otherwise said Certified or Cashiers Check or Bond will be returned to the undersigned. Time The undersigned Bidder a�ees to commence work within 10 days of receiving Notification to Proceed from the Owner. They further agree to complete the work within 90 consecutive Calendar Davs after the date of the written Notice to Proceed. Liquidated Dama� The undersigned Bidder agrees to forfeit to the Owner, as Liquidated Damages for each Calendar Day elapsing between the date established as the agreed Date of Completion and the Actual Date of Completion of all work on the project, the amount of $500 per Work Day_ Addenda � The Bidder ackno edges receipt of the following Addenda Numbers (Initial and date addendum #s) � ���7•OZ ; 2 ; 3. ; 4 ; 5 Dated this 22nd Day of November , 200? Firm Name: HARDRIVES, INC. Aaaress: 2101 South Congress AvenuE Title: V10E PRES/DFNT Contractor's License No. �010861 (if applicable) NOTE: This page along with We signed and notarized Drug-Free Workplace form and BF-3, are to be completed and retumed, with the bid security, as they form the required bid package submittaL END OF SECTION �: � � P:V9-40831Spec & Bid Docs - 99-4083A�Bid DocslBid Proposal Form - Lump Sumdoc 1024l02 I:03 PM p DRIVEWAYS p PARKING AREAS O STREETS O GRADING O ROCK & FILL O CONCRETE WORK H RDRIVES, INC. 2101 SOUTH CONGRESS AVENUE DELRAY BEACH, FLORIDA 33445-7398 To: Melanie A. Straub, E.I. LBFH, Inc. 2090 Palm Beach Lakes Blvd. Suite 600 • West Palm Beach, FL 33409 Subject: DEDUCTIVE ALTERNATES Dear Ms. Straub: PHONE 561-278-0456 FAX 561-278-2147 December 6, 2002 Project Name: City of Palm Beach Garriens, EPB-3D Cana! Widening Contract No.: Hardrives Job No.: � Letter No.: 1 As we discussed today, the following are possible adjustments to our proposal, dated 11/22/02, for the above-mentioned project: 1. DELETE Seed, Mulch and Sod: 2. DELETE Sand-Cement Rip Rap: (DEDUCT) (DEDUCT) TOTAL DEDUCTION IF ABOVE ITEAAS #1 �#2 ARE DELETED If you should have any questions, please contact me at any time. Thank You, � Bilf Stellway Project Manager WPS Page 1 of 1 C:�My Docs�Pine Tree Iaae�#1 Poss�ble Conhact Deducts.dce ($6,700.00) ($20,000.00) ($26,700.00) Date Prepared: December 6, 2002 Meeting Date: December 19, 2002 Resolution: 230, 2002 EXHIBIT C Standard Form of Agreement EPB-3D Canal Widening - CONTRAC'I' - EJCDC Standard Form A�ee-S.doc EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS A EM� NT is b�?' aqd between The City of Palm Beach Gardens, Florida (hereinafter called OWNER) and Qf G11'1 Y i. J� 1 nG. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1_O1 CONTRAC"TOR shall complete all Work as specified or indicated in the Contiact Documents. The Work is generally described as follows: The work consists of furnishing ali labor, supervision, materials, equipment, tools, supplies, fuel, transportation and services necessary to widen the EPB-3D Canal within the Pine Tree Boulevard right-of- way, from the eastern Banyan Street right-of-way line, east fo 100-feet west of the aerial utility crossing (adjacent to the EPB-3 Canal), per the lines and grades of the Plans including, but not limited to: construction stakeout; mobilization/demobilization; water quality and siltation control; dewatering; clearing and grubbing; earthwork; removing existing inlet, pipes and sand-cement headwali; constructing sand- cement headwall; constructing sand-cement spillway; sodding or seed and mulching; record drawings and all incidentals to complete the improvements in accordance with the provisions of the Plans and Specifications herein attached and as directed by the ENGINEER. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: The widening of EPB-3D canal along Pine Tree Blvd, between the eastern Banyan Street right-of-way line and 100 feet west of the aerial utility crossing (adjacent to the EPB-3 Canal), in Palm Beach Gazdens - Plat 4 (AKA Garden Woods). ARTICLE 3 - ENGINEER 3.01 The Project has been designed by LBFH, Inc. of West Palm Beach, Florida. who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. _ ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. The time limit for Completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Completion The Work will be completed within 90 days afrer the date when the Contract Times commence to run as provided in the Contract Documents, C-1 P:�9'9-4083\SQec & Bid Docs - 99-4083A�Bid Docs\CONTRAC�I' - FJCDC Staudard Fotm Agree-B.doc 10/7Al02 1:02 PM EPB-3D Canal Widening - CONTitACT - EJCDC Stanclard Form Agree-B_doc 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Abreement and that Owner will suffer financial loss if the Work is not completed within the times specified above, plus any extensions thereof in accordance with of the Contract Documents. The parties also recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER the daily amount specified in ihe Contract Documents. ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts detemuned pursuant to paragraphs S.O1.A: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereLo as an eachibit. (See Attached Bid Proposal Document for Lump Sum Bid.) ARTICLE 6 - PAYMENT PROCEDURES 6.01 Final Payment A. Upon final completion and acceptance of the Work in accordance with the Contract Documents, O'WNER shall pay the Contract Price as recommended by ENGINEER. ARTICLE 7 - INTEREST 7.01 All moneys not paid when due as provided in the Contraci Documents shall bear interest at the rate of 8% per annum. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has exanuned and carefuily studied the Contract Documents and the other related data ideniified in the Bidding Documents. B. CONTRACTOR has visited the Site and become fanailiar with and is satisfied as to the general, local, and Site conditions that may affect cost, pcogress, and performance of the Work. C. CON'TRAC'i'OR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully studied all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in the Contract Documents E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data conceming conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construcrion, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto C-2 P:�99-4083�Spec & Bid Docs - 9917083A�Bid Docs�CON7RACT - EJCDC Standard Form Agree-B.doc 1024f02 1:02 PM EPB-3D Canal Widening - CONTRACT - EJCDC Standard Form Agree-B.doc F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Coniract Documents. G. CONTRACTOR is aware of the generai nature of work that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, drawings ideniified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by - ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally su�cient to indicate and convey understanding of all terms and condiuons for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents 1. Bid security 2. Bid Form 3. Bid Proposal Form 4. "Drug-Free Workplace" Fornn 5. Aclrnowledgement of receipt of all Addenda 6. Drawings consisting of a cover sheet and sheets numbered as shown on the cover sheet being a total of 5 pages, inclusive, with each sheet bearing the fo(lowing general title: City of Palm Beach Gardens EPB-3D Canal Widening Within Unimproved Pine Tree Boulevazd Right-of-Way Plat 4 Drainage Improvement Phase II Palm Beach Gardens, Florida PBG Project No. 2002-010 7. Addenda (numbers , to _, inciusive); 8. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed (Being 1 page); b. CONTRACTOR's Bid (page BP-1 - BP-2); A. The following which tnay be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: � a. Written Amendments; b. Work Change Directives; C-3 P:�99-0083�Spec & Bid Docs - 99-4083A1Bid Docs\CONTRACT - FJCDC Standard Form A�ee-B.doc 10/'�_4H)2 1:02 PM EPB-3D Canal Widening - CONTRACI' - EJCDC Standard Form Agree-B(orig).doc c. Change Order(s). B. The documents listed in paragraph 9.O1.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions. ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Contract Documents. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specificatly but without limitation, moneys that ma}c become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRAC'TOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceabie provision that comes as close as possible to expressing the intention of the stricken provision. 10.O51ndemnification A. The CONTRACTOR shalt indemnify, defend, save and hold harmless OWNER, the Engineer (LBFH, Inc) and all of their officers, agents or employees from all suits, actions, claims, demands, liabiiity of any nature whatsoever arising out of, because of, or due to any negligent act or occurrence of omission or commission of the contractor, their officers, agents or employees. Neither the CONTRACTOR, nor any of its o�cers, agents or employees will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the OWNER, the Engineer or any of their officers, agents or employees. C-4 P:�99-4083�Bid_Docs\CONTRACT - FJCDC Standard Form Agree-B(ori�.doc I1/04/02 5:08 PM EPB-3D Canal Widening - CONTRACT - EJCDC Standard Form Agee-B.dce TN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CON`I'RACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on OWNER: Citv of Palm Beach Gardens, Florida By: [CORPORATE SEAL] Attest Address for giving notices: (If OWNER is a corporation, attach evidence of authority to sign. If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of OWNER-CONTRACTOR Agteement.) Designated Representative Name: Title: Address: Phone: Facsimile: (which is the Effective Date of the Agreement). CONTRA�A�RIVES, INC. Bv: L�,LP�P.cc� l�L.._ [CORPORATE SEAL] �- . - � � 1 � C Attest Address for giving notices: , . 2101 Soutta Congress Avenue Delray Beach, FL 33445 License No. L-' q� 65 (Where applicable) Agent for service of process: � ��' El wtio-r+c.� (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) Designated Representative W. �1lLEN POSTON Name: Title: ���� ���°��� Address: � SOUTn � y`P8S �1/'�2. De I ra v F3eA �-G� . FL 33+��15 � Phone: 5�� `�-78'O��J�O Facsimile: 5� ! '�'7g' 2� � % END OF SECTION C-5 P:�99-4083�Spec & Bid Docs - 99-4083A�Bid Docs\CON'I'RACT - EJCDC Standard Form Agee-B.doc 10/?A/02 1:02 PM CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: November 19, 2002 Meeting Date: December 19, 2002 Ordinance: 43, 2002 Subject/Agenda Item: Ordinance 43, 2002 — (Second Reading) Submitting To Referendum An Amendment To Article VI of The City's Charter. [ X ] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: $ Council Action: City Clerk (Total) City Attorney �� [ J Approved $ [ ]Approved w/ Cunent FY conditions [ ] Denied Advertised: Funding Source: [] Continued to: Date: l2/OS/02 [ ] Operating Attachments: Paper: Palm Beach Post [] Other -Resolution 10, 2000 - Florida Statute 166.021 - Florida Statute 166.031 - Legal Advertisement De Dire Affected parties Budget Acct.#: Patricia Snider, City Cler Approved by: [ ] Notified [ ] None City M ager [] Not required Date Prepared: November 19, 2002 Meeting Date: December 19, 2002 Ordinance: 43, 2002 BACKGROUND: • Resolution 10, 2000, adopted on April 6, 2000, established the Charter Review Committee consisting of (7) members for the purpose of reviewing the City's Charter. The Citizens' Committee identified 4 sections within the City Charter that require changes through referendum. • City staff reviewed the City Charter and City Code and presented their recommendations to the City Attorney for review. Furthermore, City staff reviewed the Citizens' Committee's recommendations and determined an additional section of the City Charter to be included in the required changes through referendum. • According to Section 166.021 of the Florida Statutes certain specific subjects could only be changed by referendum. Once a Charter amendment is adopted by referendum, any subsequent amendments must also be adopted by referendum. In 1996, the City Council submitted numerous changes to the electorate for ratification. The following proposed Citizens' Committee and Staff changes to the City Charter must be submitted to referendum: 1. Amendment to Section 6-1 2. Amendment to Section 6-2 3. Amendment to Section 7-2 4. Deletion of Section 8-1 5. Amendment to Section 9-1 6. Amendment to Section 18-1, 18-2, 18-3, 18-4. • Proposed changes were presented to and reviewed by City Council on November 7, 2002. City Council directed staff to bring back all recommended changes through Ordinances and Resolutions for further review and approval. • ATTACHMENTS: 1. Resolution 10, 2000 2. Florida Statute 166.021 3. Florida Statute 166.031 4. Legal Advertisement • STAFF RECOMMENDATION: Staff recommends City Council approve Ordinance 43. If approved on first reading, a public hearing will be held on Decembcr 19, 2002. It is anticipated the wording would be due to the Supervisor of Election on or before February 7, 2003. The City Clerk's office will conduct the referendum election. 2 RESOLUTION 10, 2000 A RESOLUTION OF THE CTT'Y COUNCII. OF TI� CITY OF PALM BEACH GARDENS, FLORIDA, APPOINTING MEMBERS TO THE GHARTER RE'VIEW COh�NIl'TTEE; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 22-1 of the City of Palm Beach Gardens Code of Ordinances, entitled "Charter review" provides that the City Charter shall be reviewed; and h WHEREAS, it is the desire of the City Council to appoint members to a Charter Review Committee for the purpose of reviewing the City's Charter. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CT'I'Y OF PALM BEACH GARDENS, FLORIDA: SE�C"TION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby creates a Charter Review Committee comprised of seven (7) members. SEC'i'ION 2. The direcdon of said Committee shall be to conduct a review of the existing Charter and provide recommendations to the City Council on specific charter changes, if any, for a more effective and efficient City government.. SECTION 3. The Committee shall meet within ten (10) days from ihe date of approval of this Resolution and elect a chair and vice chair, and conduct as many meetings as the Committee deems necessary. Said Committee shall receive information and testimony from all interested persons. Four (4) Committee members shail constitute a quorum. An interim report shall be fumished to the City Council within four (4) months of the date hereof and a final report shall be furnished within seven months from the approvat date of this Resolution. 'I'tie Cammittec shall automatically be dissolved thirty (30) days from the date of the final report unless the time period is extended by subsequent resolutions of the City Council. SECTION 4. The following individuals are hereby appointed to the Charter Review Committee: Jonathan Gerber Leonard Rubin Fhi! Lydon Gary Fields Steve Mathison �lle� I.avin Richard Gnienwald SECTION 5. The City Manager shall provide space for committee meetings and shall provide inforimation and documents upan request. SECTION 6. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPT� THIS 6 AITFST: � �� CAROL GO , CMC, CTTY CLERK VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCII.WOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO �� X X X X X 0 R. RUSSO APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CTTY ATTORNEY NAY ABSENT � ' -. F% -:> � �_ :. : . .. � � xi{ f � � r y�,9z'�° iJ +�'�.-r,.T"" i -r�r »r�,�°�,�� s:; � f U `:. ;,' } rS u .LJ� �•�� � �� ' � � � " � .,��. ,.:�_ ...,e . . ._t, _ � a . . �.,o 4� �i -� �Ofi41''Ut � • � • • •. • •- ,� . . 1 1 e - �• � The 2002 Florida Sta.tutes Title XII Chapter 166 View Entire Chapter MUNICIPALITIES MUNICIPAIITIES 166.021 Powers.-- (i) As provided in s. 2(b), Ar-t. VIII of the State Constitution, municipalities shail have the governme�tal, corporate, and proprietary powers to enable them to conduct munidpal govemment, perform municipai functions, and render municipal services, and may exercise any power for municipal purposes, except when expressly prohibited by law. (2) "Municipal purpose" means any activity o� powe� which may be exercised by the state ar its political subdivisions. (3) The Legislature recognizes that pursuant to the grant of power set forth in s. 2(b), Art. VIII of the State Constitution, the fegislative body of each municipality has the power to enact legislation concerning any subject matter upon which the state Legislature may act, except: (a) The subjects of annexation, me�ger, and exercise of extratemtorial power, which require general or special law pursuant to s. 2(c), Art. VIII of the State Constitution; (b) Any subject expressly prohibited by the constitution; (c) Any subject expressly preempted to state or county government by the constitution or by generai law; and (d) My subject preempted to a county pursuant to a county charter adopted under the authority of ss. 1(g), 3, and 6(e), Art. VIII of the State Constitutian. (4} The provisions of this section shalt be so consirued as to secure for municipalities the broad exercise of home rule powers granted by the constitution. It is the further intent of the Legtslature to extend to municipalities the exercise of powers for municipal govemmental, corporate, or proprietary purposes not expressly prohibited by the constitution, generat or special law, o� county charter and to remove a�y limitations, judicially imposed or otherwise, on the exerpse of home rule powers other than those so expressly prohibited. However, nothing in this ad shali be constrved to permit any changes in a speciai law or municipal charter which affect the exercise of extraterritorial powers or which af�ed an area which includes lands within and without a municipality or any changes in a speciai law or municipal charter which affect the creation or existence of a municipality, the terms of elected officers and the manner of thei� election except for the selection of election dates and qualifying periods for candidates and for changes in terms of office necessitated by such changes in election dates, the distribution of powers among elected officers, matters prescr+bed by the charter relating to appointive boards, any change in the form of govemment, or any rights of municipal empioyees, without approvai by referendum of the eledors as provided in s. 166•Q31• Any other limitatio� of power upon any municipality contained in any municipai ciiarter enaded or adopted pcior to July 1, 1973, is hereby nullified and repealed. (5) Ali existing special acts pertaining eacclusively to the power or jurisdiction of a particular municipality except as otherwise provided in subsection (4) shall become an ordinance of that municipality on the effective date of this act, subject to modification or �epeat as othe� ordinances. hrip://www.leg.state.fl.us/statuteslindex.cfin?App_mode=Display_Statute&Search Strin�t 11/1912002 (6) The governing body of a municipality may require that any person within the muniapality demonstrate the existence of some arrangement or contract by which such person will dispose of solid waste in a manner consistent with the ordinanoes of the county or municipality or state or federal law. For any person who wiil produce speciai wastes or biomedical waste, as the same may be defined by state or federal law or county or city ordinance, the mu�icipality may require satisfactory proof of a contrad or similar arrangement by which special or biomedical wastes wiil be collected by a qualified and duly licensed collector and disposed of in accordance with the laws of Florida o� the Federai Government. (7) Notwithstanding the prohibition against extra compensation set forth in s. 215.425, the governing body of a municipality may provide fo� an extra compensation program, induding a lump-sum bonus payment program, to reward outstanding employees whose pe�formance exceeds standards, if the program provides that a bonus payment may not be included in an employee's regular base rate of pay and may not be carried fon�vard in subsequent years. (8) Entities that are funded wholly or in part by the municipality, at the discretion of the munlclpallty, may be required by the municipality to conduct a pertormance audit paid for by the municipality. An entity shall not be considered as funded by the municipality by virtue of the fact that such entity utitizes the municipality to collect taxes, assessments, fees, or other revenue. If an independent special district receives municipal funds pursuant to a contract or interlocal agreement for the purposes of funding, in whole or in part, a discrete program of the district, only that program may be required by the muniapality to undergo a perFormance audit. (9)(a) The Legislature finds and declares that this state faces increasing competition from other states and other countries for the location and retention of private enterprises within its borders. Furthermore, the Legislature finds that there is a need to enhance a�d expand economic activity in the municipalities of this state by attracting and retaining manufacturing development, business enterprise management, and other activities conducive to economic promotion, in order to provide a stronger, more balanced, and stable economy in the state, to enhance and preserve purchasing power and employment opportunities fo� the residents of this state, and to improve the welfare and competitive position of the state. The Legislature declares that it is necessary and in the public interest to facilitate the growth and creation of business enterprises in the municipalities of the state. (b) The governing body of a municipality may expend public funds to attract and retain business enterprises, and the use of public funds toward the achievement of such economic devefopment goals constitutes a public purpose. The provisio�s of this chapte� which confer powers and duties on the governi�g body of a municipality, including any powers not specifically prohibited by law which can be exercised by the governing body of a municipality, shal! be liberally construed in order to effectively carry out the purposes of this subsection. (c) For the purposes of this subsection, it constitutes a public purpose to expend public funds for economic development activities, including, but not limited to, developing or improving local infrastructure, issuing bonds to finance or reFnance the cost of capital projects for industrial or manufacturing plants, leasing or co�veying real property, and making grants to private enterprises for the expansion of businesses existing in the community or the attractio� of new businesses to the community. (d) Nothing contained in this subsection shall be construed as a limitation on the home rule powers granted by the State Constitution for municipalities. History.--s. 1, ch. 73-129; s. 1, ch. 77-174; s. 2, ch. 90-332; s. 2, ch. 92-90; s. 2, ch. 93-207; s. 2, ch. 94-332; s. 1, ch. 95-178; s. 1, ch. 98-37. Welrnme • es ion • Committees • Legislators • Information Center • Statutes and Constitution • Lobbyist Information Disclaimer. The information on this system is unverified. The joumals or prinbed bills of the respective chambers http:/Jwww.leg.state.fl.uslstatutes/index.c&n?App_mode=Display_Statute&Search String-... 11/19/2002 � �°���.i�� _ �.-� � �- .. View Statutes Search Statutes Select Year 2002 �:; : Constitution Laws of Florida Order The 2042 Florida Statutes Title XII Chapter 166 View Entire Chapter MUNICIPALITIES MUNICIPALITIES 166.031 Charter amendments.-- (1) The goveming body of a municipality may, by ordinance, or the electors of a municipality may, by petition signed by 10 percent of the �egistered electors as of the last preceding municipal general election, submit to the electors of said municipality a proposed amendment to its chaFter, which amendment may be to any part or to all of said charter except that pa�-t describing the boundaries of such municipality. The governi�g body of the municipality shail place the proposed amendment contained in the ordinance or petition to a vote of the electors at the next general election held within the munlcipaUty or at a special eledion called for such purpose. {2) Upon adoptlon of an amendment to the charter of a municipality by a majority of the electars voting in a referendum upon such amendment, the goveming body of said municipality shall have the amendment incorporated into the charter and shall file the revised charter with the Department of State. All such amendments are effective on the date specified therein or as otherwise provided in the charter. (3j A municipality may amend its charter pursuant to this section notwithsta�ding any charter provisions to the contrary. This section shatf be supplementat to the provisfo�s of all othe� taws relating to the amendment of municipal charters and is not intended to diminish any substantive or procedural power vested in any municipality by present law. A mu�icipality may, by ordinance and without referendum, redefine its boundaries to include only those lands previously annexed and shali �le said redefinition with the Department of State pursuant to the provisions of subsection (2). (4) There shall be no restridions by the municipality on any employee's or empioyee group's political activity, while not wo�king, in any referendum changing employee rights. (5) A municipality may, by unanimous vote of the governing body, abolish municipal departments provided for in the municipal charter and amend provisions or language out of the charter which has been judicially construed, either by judgment o� by binding tegal precedent from a decision of a court of last resort, to be contrary to either the State Constitution or Federai Constitution. (6} Each municipality shali, by ordinance or charter provision, provide procedures for filling a vacancy in office caused by death, resignation, or removai from office. Such ordinance or charter provision shail also provide procedures for filting a vacancy in candidacy eaused by death, withdrawal, or removal from the ballot af a qualified candidate following the.end of the qualifying period which leaves fewer than two candidates for an office. History.--s. 1, ch. 73-129; s. 1, ch. 86-95; s. 1, ch. 90-106; s. 43, ch. 90-315; s. 45, ch. 94-136. Welcome • ssi -• Committees •�eaistators • Information Center • Statutes and Constitution • Lobbyist Information Oisdaimer: The information on this system is unverified. The joumais w printed 6ills of the respective chambers should be consulted for official puRwses. Copyright �2000-2002 State of Fbrida. Contact us. hrip://www.leg.state.fl.us/statutes/'mdex.cfm?App_rnode=Display_Statute&Search Striug=l 11L19/20U2 -- �� - - - - ------------------ ------ , : . � _. _ . — . ---- .. _ _.��.::-:� „�.. . - v:::t=_...�_. � CITY OF PALM BEACH GARDENS, FLORIDA ORDINANCE 43, 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, SUBMITTING TO REFERENDUM AN AMENDMENT TO ARTICLE VI OF THE CITY CHARTER, "ADMINISTRATION AS COUNCIL-MANAGER FORM OF GOVERNMENT," BY AMENDING SECTION 6-1, "CITY MANAGER," TO REMOVE UNNECESSARY LANGUAGE REGARDING THE APPOINTMENT OF PERSONS TO ACT ON THE CITY MANAGER'S BEHALF IN THE EVENT OF ABSENCE OR DISABILITY, TO DELETE THE RESIDENCY REQUIREMENT AND PROCEDURES FOR REMOVAL OR SUSPENSION AND TO ALLOW THE CITY MANAGER TO APPOINT AND REMOVE DEPARTMENT HEADS, INCLUDING THE CITY ENGINEER, EXECUTE CONTRACTS AS PRESCRIBED BY THE COUNCIL AND EXERCIS� POWERS CONSISTENT WITH THE COUNCIL-MANAGER FORM OF GOVERNMENT; PROVIDING FOR THE TITLE OF THE REFERENDUM BALLOT AND EXPLANATORY STATEMENT; PROVIDING FOR ADVERTISING; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, through the adoption of Ordinance 26, 1975, the City Council submitted the entire City Charter, as initially enacted by the Florida Legislature (Chapter 67-1882, Laws of Florida), for referendum approval by the electorate; and WHEREAS, the electors of the City approved the adoption of the City Charter as set forth in Ordinance 26, 1975, and have thereafter approved subsequent referenda amending various City Charter provisions, as provided in Ordinance 18, 1984 and Ordinance 9, 1996; and WHEREAS, because the entire City Charter has been adopted by referendum vote, section 166.031, Florida Statutes, provides the exclusive method for amendment of the City Charter; and WHEREAS, section 166.031, Florida Statutes, provides that all changes be submitted to referendum vote with the exception of certain subjects identified therein relating to municipal boundaries, the abolishment of municipal departments and language that has been declared unconstitutional; and WHEREAS, based on input and recommendations from the Charter Review Committee and City Staff, the City Council has determined that it is in the best interests of the citizens and residents of the City of Palm Beach Gardens to submit amendments to Article VI of the City Charter to the electorate for referendum vote. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2: The City Council hereby amends Article VI, "Administration as Council- Manager Government," of the City Charter to read as follows: Sec. 6-1. City manager. (a) The city council, by a majority vote of its membership, shall appoint a city manager who shall serve at the pleasure of the city council. The city manager shall be appointed on the basis of executive and administrative qualifications as established by the council. , , . The compensation and benefits of the city manager shall be as determined by the city council. The city council shall annually review the manager's performance. �e-ei�p , , (b) The city manager shall be the administrative head of the municipal government under the laws and Charter of the city responsible to the city council for the administration of all city affairs and employees placed in the manager's charge by or under this Charter or city ordinances. �e , (c) The city manager shall be responsible to the city council forthe proper administration of all affairs of the city coming under his/her jurisdiction, and to that end the city manager's powers and duties include: (1) To see that the laws and ordinances are enforced. (2) To prepare and submit an annual budget to the city council for its consideration. (3) To attend all meetings of the city council with right to take part in the discussion but without having a vote. (4) To recommend to the council for adoption such measures, as he/she may deem necessary or expedient in the interest of the 6�� city. To keep the city council fully advised as to the financial condition and needs of the city and to submit for its consideration and annual budget. (5) To appoint and remove all department heads strbjee#�e '; to employ and remove all other employees of the city. Provided further, however, that the ei#�t ,' city auditor shall be appointed and removed in the sole discretion of the city council with such appointments and removals being based upon merit and fitness alone. (6) To make such reports as the city council may require concerning the operations of the city departments. (7) To perform such other duties as may be specified in this charter, by law, or as the city council may prescribe. (8) To retain such specialized professional services as may be necessary to effectively and efficiently conduct the city's affairs in accordance with state and local laws. (9) To execute contracts as authorized by city council or by ordinance. (d) No member of the city council shall dictate the appointment of any person to office or employment by the city manager or in any manner interfere with the city manager or prevent him/her from exercising his/her own judgment in the appointment of officers and employees in the administrative service. The council and its members shall deal with city employees solely through the city manager. - -- - -;.-- --- -.-;--; ; ---;.- -- - ---;:- :. --:. :- _:: :.-; ;. - -- : ; -- : - -----:- -- ; ; -- - -;.-- -- --- -- --- -- --- -- ------ - - ----- -- - ---- - � --- . . . . . . . . . . .. - ... - - -- --- -- --- -- --- -- ------ - - --- -- - ------- -- . . . . . . . . ... .. - ------- --- -- - -- -- ---- -- - - - -- - -- -- - - - -- .. .. .. . . . . --: .::- -:.-- -- :- --: :-: - :.: - --- -: - -- --- :--. -; -- - --- -- -- - -- - - --- -- - --- - -- --- -- - -- -- -- .. . .. . . .. . --- -- :.: - --- -: :-- -- -;.-- -, -- - -;.-- ;. - --- ; - - - - ------- -- - --- ---- - -- --- -- - ---- - -- - .. . . . .... . . . . .. ----.:- --- -:- -.- : --- - . -- - --: ;--- - .- -- ---- - :: - ; -- --:. ;- ; ---;.- -3- (fl By letter or memorandum filed with the city clerk, the city manager shall designate a city officer or employee to exercise the powers and perform the duties of city manager during the manager's absence or disability. The city council may revoke such designation at any time and appoint another officer or employee of the city to serve until the city manager returns. SECTION 3: The foregoing amendment to the City Charter shall not take effect unless and until the proposed amendment is submitted to the vote of the electors of the City of Palm Beach Gardens at a referendum election to be held on March 11, 2003. Upon approval by a majority of the electors voting in the referendum election, the amendment shall thereafter become and be made a part of the City Charter for the City of Palm Beach Gardens. SECTION 4: The title of the referendum ballot and explanatory statement setting forth the substance of the proposed amendment to the City Charter shall appear on the ballot and read as follows: CITY OF PALM BEACH GARDENS CHARTER AMENDMENT QUESTION ONE SHALL SECTION 6-1 OF THE CITY CHARTER ("CITY MANAGER") BE AMENDED TO REMOVE UNNECESSARY LANGUAGE REGARDING THE APPOINTMENT OF PERSONS TO ACT ON THE CITY MANAGER'S BEHALF IN THE EVENT OF ABSENCE OR DISABILITY, TO DELETE THE RESIDENCY REQUIREMENT AND PROCEDURES FOR REMOVAL OR SUSPENSION AND TO ALLOW THE CITY MANAGER TO APPOINT AND REMOVE ALL DEPARTMENT HEADS, EXECUTE CONTRACTS AS PRESCRIBED BY THE COUNCIL AND EXERCISE POWERS CONSISTENT WITH THE COUNCIL-MANAGER FORM OF GOVERNMENT? YES NO SECTION 5: The City Clerk is hereby authorized and directed to advertise referendum election contemplated herein in accordance with the City Charter and the State of Florida Election Code. SECTION 6: All ordinances and resolutions or parts of ordinances and resolutions of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance, are hereby repealed to the extent of such conflict. -4- SECTION 7: If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. SECTION 8: This Ordinance shall become effective upon approval of the referendum question by a majority of electors voting in the March 11, 2003 referendum election and the subsequent certification of the results of said referendum election. PASSED, FIRST READING PASSED, SECOND READING this day of this PASSED, ADOPTED AND APPROVED this SIGNED: MAYOR JABLIN VICE MAYOR SABATELLO ATTEST: , 2002. day of , 200_. day of , 200_ COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO I HEREBY CERTIFY that I have approved this ORDINANCE as to form. PATRICIA SNIDER, CITY CLERK LEONARD RUBIN CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO P:\CPW in\H ISTORY\021101 A\43F.166(319.062)Igr-doc363 -5- CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: November 19, 2002 Meeting Date: December 19, 2002 Ordinance: 44, 2002 Subject/Agenda Item: Ordinance 44, 2002 — (Second Reading) Submitting to Referendum An Amendment to Article VI of the City's Charter. [ X ] Recommendation to APPROVE L1 Recommendation to DENY Reviewed by. Originating Dept.: Costs: $ Council Action: - City Clerk (Total) City Attorney [ ] Approved $ [ ]Approved w/ Current FY conditions [ ] Denied Advertised: Funding Source: [] Continued to: Date: 12/OS/02 [ ] Operating Attachments: Paper: Palm Beach Post [] Other - Resolution 10, 2000 - Florida Statute 166.021 - Florida Statute 166.031 - Legal Advertisement Depar i Dir ctor Affected parties Budget Acct.#: atricia Snider, City Clerk Approve y: otified [ ] None City Man er [] Not required Date Prepared: November 19, 2002 Meeting Date: December 19, 2002 Ordinance: 44, 2002 BACKGROUND: Resolution 10, 2000, adopted on April 6, 2000, established the Charter Review Committee consisting of (7) members for the purpose of reviewing the City's Charter. The Citizens' Committee identified 4 sections within the City Charter that require changes through referendum. City staff reviewed the City Charter and City Code and presented their recommendations to the City Attorney for review. Furthermore, City staff reviewed the Citizens' Committee's recommendations and determined an additional section of the City Charter to be included in the required changes through referendum. According to Section 166.021 of the Florida Statutes certain specific subjects could only be changed by referendum. Once a Charter amendment is adopted by referendum, any subsequent amendments must also be adopted by referendum. In 1996, the City Council submitted numerous changes to the electorate for ratification. The following proposed Citizens' Committee and Staff changes to the City Charter must be submitted to referendum: 1. Amendment to Section 6-1 2. Amendment to Section 6-2 3. Amendment to Section 7-2 4. Deletion of Section 8-1 5. Amendment to Section 9-1 6. Amendment to Section 18-1, 18-2, 18-3, 18-4. Proposed changes were presented to and reviewed by City Council on November 7, 2002. City Council directed staff to bring back all recommended changes through Ordinances and Resolutions for further review and approval. • ATTACHMENTS: 1. Resolution 10, 2000 2. Florida Statute 166.021 3. Florida Statute 166.031 4. Legal Advertisement • STAFF RECOMMENDATION: Staff recommends City Council approve Ordinance 44, 2002. If approved on first reading, a public hearing will be held on December 19, 2002. It is anticipated the wording would be due to the Supervisor of Election on or before February 7, 2003. The City Clerk's office will conduct the referendum election. 2 RESOLUTION 10, 2000 A RESOLUTION OF THE CTTY COUNCII. OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPOINTING MEMBERS TO THE CHARTER REVIEW CONIlVIITTEE; AND, PROVIDING FOR AN EFFECTNE DATE. WHEREAS, Section 22-1 of the City of Palm Beach Gardens Code of Ordinances, entitled "Chazter review" provides that the City Charter shall be reviewed; and WHEREAS, it is the desire of the City Council to appoint members to a Charter Review Committee for the purpose of reviewing the City's Charter. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby creates a Charter Review Committee comprised of seven {7) members. SEC"TION 2. The direction of said Committee shall be to conduct a review of the existing Charter and provide recommendations to the City Council on specific charter changes, if any, for a more effective and efficient City government.. SECTION 3. The Committee shall meet within ten (10) days from the date of approval of this Resaludon and elect a chair and vice chair, and conduct as many meetings as the Committee deems necessary. Said Committee shall receive information and testimony from all interested persons. Four (4) Committee members shall constitute a quorum. An inierim report shall be furnished to the City Council within four (4) months of the date hereof and a final report shall be furnished within seven months from the approval date of this Resolution. The Committee shall automarically be dissolved thirty (30) days from the date of the final report unless the time period is extended by subsequent resolutions of the City Council. SECTION 4. The following individuals are hereby appointed to the Charter Review Committee: 7onathan Gerber Leonard Rubin Fhil Lydon Gary �elds Steve Mathison �1Ilea Lavin Richard Gruenwald SECTION 5. The City Manager shall provide space for committee meetings and shall provide information and documents upon request. SECTION 6. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS 6 ATTEST: � �� CAROL GO , CMC, CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR 7ABLIN COUNCII,WOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO AYE X X X X X '[ i� R. RUSSO APPROVED AS TO LEGAL FORM AND SIJFFICIENCY. � CTTY ATTORNEY NAY ABSENT .,�' �",�, i �t��"E��t$° � .�-�,�4: �. � ������� ' $� : : View Statutes Search Statutes Constitution Laws of Florida Order Select Year• 2002 `"� �� � o The 2002 Florida Statutes Title XII Chapter 166 View Entire Chapter MUNICIPALITIES MUNICIPALITIES 166.021 Powers.-- (1) As provided in s. 2(b), Art. VIII of the State Constitution, municipalities shail have the governmental, corporate, and proprietary powers to enabte them to conduct municipal government, perForm municipal functions, and render municipal services, and may exercise any power for municipal purposes, except when expressly prohibited by law. (2) "Municipal purpose" means any activity or power which may be exercised by the state or its political subdivisions. (3) The Legislature recognizes that pursuant to the grant of power set forth in s. 2(b), Art. VIII of the State Constitution, the legislative body of each municipality has the power to enact legislation concerning any subject matter upon which the state Legislature may act, except: (a) The subjects of annexation, merger, and exercise of extraterritorial power, which require general or special law pursuant to s. 2(c), Art. VIII of the State Constitution; (b) Any subject expressly prohibited by the constitution; (c) Any subject expressly preempted to state or county government by the constitution or by general law; and (d) Any subject preempted to a county pursuant to a county charter adopted under the authority of ss. i(g), 3, and 6(e), Art. VIII of the State Constitution. (4) The provisions of this section shall be so construed as to secure for municipalities the broad exercise of home rule powers granted by the constitution. It is the further intent of the Legislature to extend to municipalities the exercise of powers for municipal governmental, corporate, or proprietary purposes not expressly prohibited by the constitution, general or speciat law, or county charter and to remove any limitations, judicially imposed or otherwise, on the exercise of home rule powers other than those so expressly prohibited. However, nothing in this act shall be construed to permit any changes in a special law or municipal charter which affect the exercise of extraterritorial powers or which affect an area which includes lands within and without a municipality or any changes in a speciat law or municipal charter which affect the creation or existence of a municipality, the terms of elected officers and the manner of their election except for the selection of election dates and qualifying periods for candidates and for changes in terms of office necessitated by such changes in election dates, the distribution of powers among elected officers, matters prescribed by the charter relating to appointive boards, any change in the form of government, or any rights of municipat employees, without approval by referendum of the electors as provided in s. 166.031. Any other limitation of power upon any municipality contained in any municipal charter enacted or adopted p�tor to 7uly 1, 1973, is hereby nullified and repealed. (5) Alt existing speciai acts pertaining exctusivety to the power or jurisdiction of a particutar municipality except as otherwise provided in subsedion (4) shall become an ordinance of that municipality on the effective date of this act, subject to modification or repeal as othe� ordinances. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search String=l 11/19/2002 (6) The governing body of a municipality may require that any person within the municipality demonstrate the existence of some arrangement or contract by which such person will dispose of solid waste in a manner consistent with the ordinances of the county or municipality or state or federal taw. For any person who will produce special wastes or biomedical waste, as the same may be defined by state or federal law or county or city ordinance, the municipality may require satisfadory proof of a contract o� similar arrangement by which special or biomedical wastes wili be collected by a qualified and duly licensed collector and disposed of in accordance with the laws of Florida or the Federal Government. (7) Notwithstanding the prohibition against extra compensation set forth in s. 215.425, the governing body of a municipality may provide for an extra compensation program, including a lump-sum bonus payment program, to reward outstanding employees whose performance exceeds standards, if the program provides that a bonus payment may not be included in an employee's regular base rate of pay and may not be carried forward in subsequent years. (8) Entities that are funded wholly or in part by the municipality, at the discretion of the municipality, may be required by the municipality to conduct a pertormance audit paid for by the municipality. An entity shall not be considered as funded by the municipality by virtue of the fact that such entity utilizes the municipality to collect taxes, assessments, fees, or other revenue. If an independent special district receives municipal funds pursuant to a contract or interlocal agreement for the purposes of funding, in whole or i� part, a discrete program of the district, only that program may be required by the municipality to undergo a performance audit. (9)(a) The Legislature finds and declares that this state faces increasing competition from other states and other countries for the location and retention of private enterprises within its borders. Furthermore, the Legislature finds that there is a need to enhance and expand economic activity in the municipalities of this state by attracting and retaining manufacturing development, business enterprise management, and other activities conducive to economic promotion, in order to provide a stronger, more balanced, and stable economy in the state, to enhance and preserve purchasing power and employment opportunities for the residents of this state, and to improve the welfare and competitive position of the state. The Legislature declares that it is necessary and in the public interest to facilitate the growth and creation of business enterprises in the municipalities of the state. (b) The governing body of a municipality may expend public funds to attract and retain business enterprises, and the use of public funds toward the achievement of such economic development goals constitutes a public purpose. The provisions of this chapter which confer powers and duties on the governing body of a municipality, including any powers not specifically prohibited by law which can be exercised by the governing body of a munitipality, shall be liberally construed in orde� to effectively carry out the purposes of this subsection. (c) For the purposes of this subsection, it constitutes a public purpose to expend public funds for economic development activities, including, but not limited to, developing or improving local infrastructure, issuing bonds to finance or reFnance the cost of capital projects for industrial or manufacturing plants, leasing or conveying real property, and making grants to private enterprises for the expansion of businesses existing in the community or the attraction of new businesses to the community. (d) Nothing contained in this subsection shall be construed as a limitation on the home rule powers granted by the 5tate Constitution for municipalities. History.--s. 1, ch. 73-129; s. 1, ch. 77-174; s. 2, ch. 90-332; s. 2, ch. 92-90; s. 2, ch. 93-207; s. 2, ch. 94-332; s. 1, ch. 95-178; s. 1, ch. 98-37. Welcome • sion • Committees • Legis ators • Information Center • Statutes and Constitution • 1 gbbyist Information Disclaimer: The information on this system is unverified. The joumals or printed bills of the respective chambers http:1/rvww.leg.sta.te.fl.us/statutes/index.cfm?App_mode=Display_StatuteBcSearch String... 11/19/2002 �t'�i�tt@ � � ������` View Statutes Select Year� 2002 ��;:::: Search Statutes Constitution Laws of Florida Order The 2002 Florida Statutes Title XII Chapter 166 View Entire Chapter MUNICIPAt.iTIES MUNICIPALITIES 166.031 Charter amendments.-- (1) The goveming body of a municipality may, by ordinance, or the electors of a municipality may, by petition signed by 10 percent of the registered electors as of the last preceding municipai general election, submit to the electors of said municipality a proposed amendment to its charter, which amendment may be to any part or to all of said charter except that part describing the boundaries of such municipality. The governing body of the municipality shall place the proposed amendment contained in the ordinance or petition to a vote of the electors at the next general election held within the municipality or at a special election called for such purpose. (2) Upon adoption of an amendment to the charter of a municipality by a majority of the electors voting in a referendum upon such amendment, the goveming body of said municipality shall have the amendment incorporated into the charter and shall file the revised charter with the Department of State. Ali such amendments are effective on the date specified therein or as otherwise provided in the charter. (3) A municipality may amend its charter pursuant to this section notwithstanding any charter provisions to the contrary. This section shatl be suppiemental to the provisions of all other iaws relating to the amendment of municipal charters and is not intended to diminish any substantive or pro�edural power vested in any municipality by present law. A municipality may, by ordinance and without referendum, redefine its boundaries to include only those lands previously annexed and shali file said redefinition with the Department of State pursuant to the provisions of subsection (2y. (4) There shall be no restrictions by the municipality on any employee's or employee group's political activity, while not working, in any referendum changing employee rights. (5) A municipality may, by unanimous vote of the governing body, abolish municipal departments provided for in the municipal charter and amend provisions or language out of the charter which has been judicially construed, either by judgment or by binding tegal precedent from a decision of a court of last resort, to be contrary to either the State Constitution or Federal Constitution. (6} Each municipality shall, by ordinance or charter provision, provide procedures for filling a vacancy in office caused by death, resignation, or removal from office. Such ordinance or charter provision shail also provide procedures for fllling a vacancy in candidacy caused by death, withdrawal, or removal from the ballot of a qualified candidate following the end of the qualifying period which leaves fewer than two candidates for an office. History.--s. 1, ch. 73-129; s. 1, ch. 86-95; s. 1, ch. 90-106; s. 43, ch. 90-315; s. 45, ch. 94-136. Welcome • Session • Committees •�.�islators • Information Center • Statutes and Constitution • Lobbyist Information Disclaimer: The information on this system is unverified. The joumals or printed bills of the respeCtive chambers should be consulted for official purposes. Copyright p2000-2002 Sbte of Florida. Contact us. http:/1www.leg.state.fl.us/statutes/index.cfm?App mode=Display_Statute&Search Stri�g=1 11/19/2002 _ . _ . _ -------------------- - . . . --- -- - - , . . -- ._ a.:.: 'f: :::w--ns�-:�2'0-... v. _.. . CITY OF PALM BEACH GARDENS, FLORIDA ORDINANCE 44, 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, SUBMITTING TO REFERENDUM AN AMENDMENT TO ARTICLE VI OF THE CITY CHARTER, "ADMINISTRATION AS COUNCIL-MANAGER FORM OF GOVERNMENT," BY AMENDING SECTION 6-2, "CITY ATTORNEY," TO ALLOW THE CITY MANAGER TO HIRE THE CITY ATTORNEY AND DETERMINE THE CITY ATTORNEY'S COMPENSATION AND BENEFITS AND TO CLARIFY THAT THE CITY COUNCIL OR THE CITY MANAGER MAY HIRE ADDITIONAL SPECIAL COUNSEL TO SERVE AS LEGAL ADVISORS; PROVIDING FOR THE TITLE OF THE REFERENDUM BALLOT AND EXPLANATORY STATEMENT; PROVIDING FOR ADVERTISING; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, through the adoption of Ordinance 26, 1975, the City Council submitted the entire City Charter, as initially enacted by the Florida Legislature (Chapter 67-1882, Laws of Florida), for referendum approval by the electorate; and WHEREAS, the electors of the City approved the adoption of the City Charter as set forth in Ordinance 26, 1975, and have thereafter approved subsequent referenda amending various City Charter provisions, as provided in Ordinance 18, 1984 and Ordinance 9, 1996; and WHEREAS, because the entire City Charter has been adopted by referendum vote, section 166.031, Florida Statutes, provides the exclusive method for amendment of the City Charter; and WHEREAS, section 166.031, Florida Statutes, provides that all changes be submitted to referendum vote with the exception of certain subjects identified therein relating to municipal boundaries, the abolishment of municipal departments and language that has been declared unconstitutional; and WHEREAS, based on input and recommendations from the Charter Review Committee and City Staff, the City Council has determined that it is in the best interests of the citizens and residents of the City of Palm Beach Gardens to submit amendments to Article VI of the City Charter to the electorate for referendum vote. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2: The City Council hereby amends Article VI, "Administration as Council- Manager Government," of the City Charter to read as follows: Sec. 6-2. City attorney. (a) The city eeaRe�+ manager, ' , shall appoint a city attorney. The compensation and benefits of the city attorney shall be as determined by the city eea�te� manager. The city manager may appoint a firm or an individual to serve as the city attorney. (b) The city attorney shall be the chief legal officer of the city responsible for all legal affairs of the city, and shall serve as chief legal advisor to the city council, the city manager, the city's departments and such boards or committees as are placed in the city attorney's charge by the city council or the city manager. The city attorney's powers and duties shall include: (1) Preparing or reviewing as to form and legal sufficiency all contracts, resolution, ordinances or other documents of the city. (2) Appointing such assistant city attorneys to perform the duties of his or her office as may be approved by the city manager. (3) Prosecuting and defending �I+ legal or administrative law actions where the city is a party. (4) Performing such other legal services as may be requested by the city council or the city manager. (5) Performing such other duties as may be required by state law, this charter or ordinance. (c) The city council or the city manager may also ap�pai�� hire one or more special counsel to serve as legal advisors to the city council, the city manager and city departments, officers and agencies with respect to specific legal proceedings or matters to conduct city affairs in an efficient manner in accordance with state law, this charter or ordinance of the city. -2- SECTION 3: The foregoing amendment to the City Charter shall not take effect unless and until the proposed amendment is submitted to the vote of the electors of the City of Palm Beach Gardens at a referendum election to be held on March 11, 2003. Upon approval by a majority of the electors voting in the referendum election, the amendment shall thereafter become and be made a part of the City Charter for the City of Palm Beach Gardens. SECTION 4: The title of the referendum ballot and explanatory statement setting forth the substance of the proposed amendment to the City Charter shall appear on the ballot and read as follows CITY OF PALM BEACH GARDENS CHARTER AMENDMENT QUESTION TWO SHALL SECTION 6-2 OF THE CITY CHARTER ("CITY ATTORNEY") BE AMENDED TO ALLOW THE CITY MANAGER TO HIRE THE CITY ATTORNEYAND DETERMINE THE CITYATTORNEY'S COMPENSATION AND BENEFITS AND TO CLARIFY THAT THE CITY COUNCIL OR THE CITY MANAGER MAY HIRE ADDITIONAL SPECIAL COUNSEL TO SERVE AS LEGAL ADVISORS? YES NO SECTION 5: The City Clerk is hereby authorized and directed to advertise referendum election contemplated herein in accordance with the City Charter and the State of Florida Election Code. SECTION 6: All ordinances and resolutions or parts of ordinances and resolutions of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance, are hereby repealed to the extent of such conflict. SECTION 7: If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. SECTION 8: This Ordinance shall become effective upon approval of the referendum question by a majority of electors voting in the March 11, 2003 referendum election and the subsequent certification of the results of said referendum election. -3- PASSED, FIRST READING this PASSED, SECOND READING this PASSED, ADOPTED AND APPROVED this SIGNED: MAYOR JABLIN VICE MAYOR SABATELLO ATTEST: PATRICIA SNIDER, CITY CLERK day of , 2002. day of , 200_ day of , 200_ COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO I HEREBY CERTIFY that I have approved this ORDINANCE as to form. LEONARD RUBIN CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO P:\CPWin\H I STORY\021121 A\43F.170(319.062)Igr-doc368 � CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: November 19, 2002 Meeting Date: December 19, 2002 Ordinance: 45, 2002 Subject/Agenda Item: Ordinance 45, 2002 — (Second Reading) Submitting to Referendum An Amendment to Article VII Of The City's Charter. [ X ) Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: $ Council Action: City Clerk (Total) City Attorney [ ] Approved $ [ ]Approved w/ Current FY conditions [ ] Denied Advertised: Funding Source: [] Continued to: Date: 12/OS/02 [ ] Operating Attachments: Paper: Palm Beach Post [] Other -Resolution 10, 2000 - Florida Statute 166.021 - Florida Statute 166.031 - Legal Advertisement Dep n' ector Affected parties Budget Acct.#: C ' atricia Snider, City Cler Approved by: Notified [ ] None City M ger [] Not required Date Prepared: November 19, 2002 Meeting Date: December 19, 2002 Ordinance: 45, 2002 BACKGROUND: • Resolution 10, 2000, adopted on April 6, 2000, established the Charter Review Committee consisting of (7) members for the purpose of reviewing the City's Charter. The Citizens' Committee identified 4 sections within the City Charter that require changes through referendum. • City staff reviewed the City Charter and City Code and presented their recommendations to the City Attorney for review. Furthermore, City staff reviewed the Citizens' Committee's recommendations and determined an additional section of the City Charter to be included in the required changes through referendum. • According to Section 166.021 of the Florida Statutes certain specific subjects could only be changed by referendum. Once a Charter amendment is adopted by referendum, any subsequent amendments must also be adopted by referendum. In 1996, the City Council submitted numerous changes to the electorate for ratification. The following proposed Citizens' Committee and Staff changes to the City Charter must be submitted to referendum: l. Amendment to Section 6-1 2. Amendment to Section 6-2 3. Amendment to Section 7-2 4. Deletion of Section 8-1 5. Amendment to Section 9-1 6. Amendment to Section 18-1, 18-2, 18-3, 18-4. Proposed changes were presented to and reviewed by City Council on November 7, 2002. City Council directed staff to bring back all recommended changes through Ordinances and Resolutions for further review and approval. • ATTACHMENTS: 1. Resolution 10, 2000 2. Florida Statute 166.021 3. Florida Statute 166.031 4. Legal Advertisement • STAFF RECOMMENDATION: Staff recommends City Council approve Ordinance 45, 2002. If approved on first reading, a public hearing will be held on December 19, 2002. It is anticipated the wording would be due to the Supervisor of Election on or before February 7, 2003. The City Clerk's office will conduct the referendum election. RESOLUTION 10, 2000 A RES�LUTION OF THE GTTY C4UNCII. OF TI� C�'I`Y OF PALM BEACH GARDENS, FLORIDA, APPOINTING MEMBERS TO THE CHARTER REVIEW COMMITTEE; AND, PR4VIDING FOR AN DATE. WHEREAS, Section 22-1 of the City of Pa�i Beach Gardens Code of Ordinances, entitled "Charter review" provides that the City Charter shall be nviewed; and WHEREAS, it is the desire of the City Council to appoint members to a Charter Review Committee for the purpose of reviewing the City's Charter. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the Ciry of Palm Beach Gardens, Florida, hereby creates a Charter Review Committee comprised of seven (7) members. SEC"TION 2. The direction of said Committee shail be to conduct a review of the existing Charter and provide recommendations to the City Council on specific charter changes, if any, for a more effective and efficient City government.. SECTION 3. The Committee shall meet within ten (10) days from the date of approval of this Resolution and elect a chair and vice chair, and conduct as many meetings as the Committee deems necessary. Said Committee shall receive information and testimony from all interested persons. Four {4) Committee members shall constitute a quorum. An interim report shall be furnished to the City Council within four (4) months of the date hereof and a final report shall be furnished within seven months from the approval date of tE►is Resolution. The Committee shall automadcally be dissolved thirry (34) days from the daxe of the final repoR unless the time period is extended by subsequent resolutions of the City Council. SEGTION 4. The following individuals are hereby appointcd to the Charter Review Committee: Jonathan Gerber Leonard Rubin Phil Lydon Gary Fields Steve Mathison �il�� Lavin Richard Gruenwald SFCTION 5. The City Manager shall provide space for committee meetings and shall provide infom�ation and doCUments upon request� SECTION 6. This Resolution shall be effective upon adoption. INTRODUCED, PASSED ANll ADOP'1'ED THIS 6 AITFST: � �� CAROL GO , CMC, CITY CLERK VOTB: MAYOR RUSSO VICE MAYOR JABLiN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELIA �i� R. RUSSO APPROVED AS TO LEGAL FORM AND SLIFr�ClENC7�. � CTTY ATTORNEY AYE NAY X X X X X ABSENT „....^,,'�.�r ` �E�IeEiE R '� � �������� _ View Statutes Search Statutes Constitution Laws of Florida Order Setect Year• 2002 ; �� �`�e - The 2002 Florida Sta.tutes TiNe XII Chapte� 166 View Entire Chapter MUNICIPALITIES MUNICIPALITIES 166.021 Powers.-- (1) As provided in s. 2(b), Art. VIII of the State Constitution, municipalities shail have the governmental, corporate, and proprietary powers to enabie them to conduct municipal government, perform municipai functions, and render municipal services, and may exercise any power for municipal purposes, except when expressly prohibited by law. (2) "Municipal purpose” means any activity or power which may be exercised by the state or its political subdivisions. (3) The Legislatu�e recognizes that pursuant to the grant of power set forth i� s. 2(b), Art. VIII of the State Constitution, the tegislative body of each municipality has the power to enact legisiation concerning any subject matter upon which the state Legislature may act, except: (a) The subjects of annexation, merger, and exercise of extraterritorial power, which require general or special law pursuant to s. 2(c), Art. VIII of the State Constitution; (bj Any subject expressly prohibited by the constitution; (c) Any subject eacpressly preempted to state or county govemment by the constitution or by general law; and (d) Any subject preempted to a county pursuant to a county charter adopted under the authority of ss. 1(g), 3, and 6(e), Art. VIII of the State Constitution. (4) The provisions of this section shall be so construed as to secure for municipatities the broad exercise of home rule powers granted by the constitutian. It is the further intent of the Legisiature to extend to municipalities the exercise of powers for municipal govemmental, corporate, or proprietary purposes not expressly prohibited by the constitution, general or special law, or county charter and to remove any limitations, judicially imposed or otherwise, on the exercise of home rule powers other than those so expressly prohibited. However, nothing in this ad shall be construed to permit any changes in a special (aw or municipal charter which affect the exercise of extratemtoriai powers or which affect an area which includes lands within and without a muniapality or any changes in a speciai law or municipat charter which affect the creation or existence of a municipality, the terms of elected officers and the manner of their election except for the selection of election dates and qualifyi�g periods for candidates and for changes in terms of office necessitated by such changes in election dates, the distribution of powers among elected officers, matters prescribed by the charter relating to appointive boards, any change in the form of gover�ment, or any rights of municipat employees, without approvat by referendum of the electors as provided in s. 166.031. Any other limitation of power upon any municipality contained in any municipal charter enaded or adopted pcio� to July 1, 1973, is hereby nullified and repealed. (5) All existing speciai acts pertaining exctusivety to the power or jurisdidion of a particular municipality except as otherwise p�ovided in subsection (4) shail become an ordinance of that municipality on the effective date of this act, subject to modification or repeat as other ordinances. http://www.leg.state.fl.us/statute�ndex.cfin?App_mode=Display Statute&Search Strin�t 11/19i2002 (6) The governing body of a municipality may require that any person within the mu�icipality demonstrate the existence of some arrangement or contract by which such person will dispose of solid waste in a manner consistent with the ordinances of the county or municipality o� state or federal law. For any person who wili produce special wast� or biomedicat waste, as the same may be defined by state or federal law o� county or city ordinance, the mu�icipality may require satisfactory proof of a contract or similar arrangement by which special or biomedical wastes wiU be collected by a qualified and duiy licensed collector and disposed of in accordance with the laws of Florida or the Federal Government. (7) Notwithstanding the prohibition against extra compensation set forth in s. 215•425, the gove�ning body of a muniapality may provide for an extra compensation program, including a lump-sum bonus payment program, to reward outstanding empfoyees whose performance exceeds standards, if the p�ogram provides that a bonus payment may not be inciuded in an employee's regular base rate of pay and may not be carried forvvard in subsequent years. (8) Entities that are funded wholly or in part by #he municipality, at the discretion of the municipality, may be required by the municipaflty to conduct a performance audit paid for by the municipality. An entity shall not be considered as funded by the municipality by virtue of the fact that such entity utilizes the municipality to collect taxes, assessments, fees, or other revenue. If an independent special district receives municipal funds pursuant to a contract or interlocal agreeme�t for the purposes of funding, in whole or in part, a discrete p�ogram of the district, only that program may be required by the municipality to undergo a performance audit. (9)(a) The Legislature finds and declares that this state faces increasing competition from other states and other countries for the location and retention of private enterprises within its borders. Furthermore, the Legislature finds that there is a �eed to enhance a�d expand economic activity in the municipalities of this state by att�acting and retaining manufacturing development, business enterprise management, and otfier activities conducive to economic promotion, in order to provide a stronger, more balanced, and stable economy i� the state, to enhance and preserve purchasing power and employment opportunities for the residents of this state, and to improve the welfare and competitive position of the state. The Legislature declares that it is necessary and in the public interest to facilitate the growth and creatio� of business enterprises in the municipalities of the state. (b) The governing body of a municipality may expend public funds to attract and retain business enterp�ises, and the use of public funds toward the achieveme�t of such economic development goals constitutes a public pu�pose. The provisions of this chapter which confer powers and duties on the goveming body of a municipality, including any powers not specifically prohibited by law which pn be exercised by the goverRi�g body of a municipality, shal! be liberally construed in order to effectively carry out the purposes of this subsection. (c) For the purposes of this subsection, it constitutes a public purpose to expend public funds for economic development activities, including, but not limited to, developing or improving local infrastructure, issuing bonds to finance or refinance the cost of capital projeds for industrial or ma�ufacturing ptants, leasing or conveying real property, and making grants to private enterprises for the expansion af businesses existing in the community or the attraction of new businesses to the rnmmunity. (d) Nothing contained in this subsection shall be construed as a limitation on the home rule powers granted by the State Constitution for municipatities. History.--s. 1, ch. 73-129; s. 1, ch. 77-174; s. 2, ch. 90-332; s. 2, ch. 92-90; s. 2, ch. 93-207; s. 2, ch. 94-332; s. 1, ch. 95-178; s. 1, ch. 98-37. Welcome • ion • Committees • Legislators • Information Center • Statutes and Constitution • Lobbyist Information Disclaimer: The i�fortnatio� on tfiis system is unverified. The joumals or p�inted bills of the respective chambers http://www.leg.state.fl.uslstatutes/'index.cfm?App mode=Display_Statute&Search String-... 11/19/2002 Qt��ttfe � �:�s ,p � �, ,a. � � ������ � �� - Vieav Statutes Search Statutes Select Year 2002 ;��; Constitution Laws of Florida Order The 2002 Florida Statutes Ti e XII Cha�ter 166 View Entire Chapter MUNICIPALITIES MUNICIPALITIES 166.031 Charter amendments.-- (1) The governing body of a municipality may, by ordinance, or the electors of a municipality may, by petition signed by 10 percent of the registered electors as of the last preceding municipal general election, submit to the electors of said municipality a proposed amendment to its cha�ter, which amendment may be to any part or to atl of said charter except that part describing the boundaries of su� municipality. The goveming body of the municipality shall place the proposed amendment contained in the ordinance or petition to a vote of the electors at the next general election held withfn the municipality or at a speciai election called for such purpose. (2) Upon adoption of an amendment to the charte� of a municipality by a majority af the electors voting in a referendum upan such ame�dment, the goveming body of said municipality shall have the amendment incorporated into the charter and shall file the revised charter with the Department of State. All such amendments are effective on the date specified therein or as otherwise provided in the charter. (3) A municipality may arnend its charter pursuant to this section notwithstanding any charter provisions to the contrary. This section shatt be suppiemental to the provisions of all other laws relating to the amendment of municipai charters and is not intended to diminish any substantive or procedu�al power vested in any municipality by present law. A municipality may, by ordinance and without referendum, redefine its boundaries to include only those lands previously a�nexed and shall file said redefinition with the Department of State pursuant to the provisions of subsection (2). (4) There shail be no restrictions by the municipality on any employee's or employee group's political activity, while not woricing, in any referendum changing employee rights. (5) A municipality may, by unanimous vote of the gove�ning body, alsolish municipal departments provided for in the municipal charter and amend provisions or language out of the charter which has been judicially construed, either by judgment or by binding tegal precedent from a decision of a court of last resort, to be contrary to either the State Canstitution or Federal Constitut�on. (6) Each municipality shall, by ordinance or charte� provision, provide procedures for filling a vacancy in office caused by death, resignation, or removal from office. Such ordinance or charter provision shail also provide procedures for filling a vacancy in candidacy eaused by death, withdrawal, or removal from the ballot of a qualified candidate following the.end of the qualifying period which leaves fewer than two candidates for an office. History.--s. 1, ch. 73-129; s. 1, ch- 86-95; s. 1, ch. 90-106; s. 43, ch. 90-315; s. 45, ch. 94-136. Welcome • ss' • Committees • Legislato�s • Info�rnation Center • Statutes and Constitution • Lobbyist Information Dlsdaimer. The infomiaUon on this system is unverified. The jaimals or p�inted bilis of tfie respective chambers shouid be consulted for offitial purposes. Copy�ight �2000-2002 State of Florida. Contad us. hrip://www.leg.state.fl.us/statutes/'mdex.cfm?App mode=Display_Statute&Search Strimg=l 11/19/2002 - � - - - -------- ----- --. � �. � - -------- - - .� :,�,.,.. . _ _ . — ---- . _,.�.:- ,:=.�-_.:-_..... CITY OF PALM BEACH GARDENS, FLORIDA ORDINANCE 45, 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, SUBMITTING TO REFERENDUM AN AMENDMENT TO ARTICLE VII OF THE CITY CHARTER, "MERIT SYSTEM," BY AMENDING SECTION 7-2, "PERSONNEL SYSTEM," TO ALLOW THE CITY MANAGER TO ADOPT, REGULATE AND MAINTAIN A PERSONNEL SYSTEM AND TO REMOVE THE REQUIREMENT THAT THE PERSONNEL SYSTEM BE ADOPTED BY ORDINANCE; PROVIDING FOR THE TITLE OF THE REFERENDUM BALLOT AND EXPLANATORY STATEMENT; PROVIDING FOR ADVERTISING; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, through the adoption of Ordinance 26, 1975, the City Council submitted the entire City Charter, as initially enacted by the �lorida Legislature (Chapter 67-1882, Laws of Florida), for referendum approval by the electorate; and WHEREAS, the electors of the City approved the adoption of the City Charter as set forth in Ordinance 26, 1975, and have thereafter approved subsequent referenda amending various City Charter provisions, as provided in Ordinance 18, 1984 and Ordinance 9, 1996; and WHEREAS, because the entire City Charter has been adopted by referendum vote, section 166.031, Florida Statutes, provides the exclusive method for amendment of the City Charter; and WHEREAS, section 166.031, Florida Statutes, provides that all changes be submitted to referendum vote with the exception of certain subjects identified therein relating to municipal boundaries, the abolishment of municipal departments and language that has been declared unconstitutional; and WHEREAS, based on input and recommendations from the Charter Review Committee and City Staff, the City Council has determined that it is in the best interests of the citizens and residents of the City of Palm Beach Gardens to submit amendments to Article VII of the City Charter to the electorate for referendum vote. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2: The City Council hereby amends Article VII, "Merit System," of the City Charter to read as follows: Sec. 7-2. Personnel system. Consistent with all applicant federal and state laws, the city eet�fle� manager shall provide e for the creation, regulation and maintenance of a personnel system with established procedures and policies including, but not limited to, appointments, classification and pay plans, promotions, force reduction, removals, working conditions, grievances, relationships with employee organizations and other policies and procedures necessary to the administration of the city personnel system. SECTION 3: The foregoing amendment to the City Charter shall not take effect unless and until the proposed amendment is submitted to the vote of the electors of the City of Palm Beach Gardens at a referendum election to be held on March 11, 2003. Upon approval by a majority of the electors voting in the referendum election, the amendment shall thereafter become and be made a part of the City Charter for the City of Palm Beach Gardens. SECTION 4: The title of the referendum ballot and explanatory statement setting forth the substance of the proposed amendment to the City Charter shall appear on the ballot and read as follows: CITY OF PALM BEACH GARDENS CHARTER AMENDMENT QUESTION THREE SHALL SECTION 7-2 OF THE CITY CHARTER ("PERSONNEL SYSTEM") BE AMENDED TO ALLOW THE CITY MANAGER TO ADOPT, REGULATE AND MAINTAIN A PERSONNEL SYSTEM AND TO REMOVE THE REQUIREMENT THAT THE PERSONNEL SYSTEM BE ADOPTED BYTHE CITY COUNCIL BY ORDINANCE? YES NO SECTION 5: The City Clerk is hereby authorized and directed to advertise referendum election contemplated herein in accordance with the City Charter and the State of Florida Election Code. SECTION 6: All ordinances and resolutions or parts of ordinances and resolutions of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance, are hereby repealed to the extent of such conflict. -2- SECTION 7: If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. SECTION 8: This Ordinance shall become effective upon approval of the referendum question by a majority of electors voting in the March 11, 2003 referendum election and the subsequent certification of the results of said referendum election. PASSED, FIRST READING PASSED, SECOND READING this day of this day of PASSED, ADOPTED AND APPROVED this SIGNED: MAYOR JABLIN VICE MAYOR SABATELLO ATTEST: day of 2002. , 200 . , 200_ COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO I HEREBY CERTIFY that I have approved this ORDINANCE as to form. PATRICIA SNIDER, CITY CLERK LEONARD RUBIN CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO P:\CPWin\H ISTORY\021101 A143F.16C(319.062)Igr-doc364 -3- CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: November 19, 2002 Meeting Date: December 19, 2002 Ordinance: 46, 2002 Subject/Agenda Item: Ordinance 46, 2002 — (Second Reading) Submitting to Referendum An Amendment to Article VIII of the City Charter. [ X ] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: $' Council Action: City Clerk (Total) City Attorney �� [ ] Approved $ [ ]Approved w/ Current FY conditions [ ] Denied Advertised: Funding Source: [] Continued to: Date: 12/OS/OZ L] �peraring Attachments: Paper: Palm Beach Post [] Other -Resolution 10, 2000 - Florida Statute 166.021 - Florida Statute 166.031 - Legal Advertisement Dep ' e tor Affected parties Budget Acct.#: P tiE� % ricia Snider, City Clerk Approved by: Notified [ ] None ,, ?.L.u. City Manager [ ] Not required -_ �: � wa _ Date Prepared: Novemb�X 19, 2��2� � Meeting Date: December 19; �QQ2 Ordinance: 46, 2"U0� BACKGROUND: �, _ • Resolution 10, 2000, adopted on A�i".i 6, 2000, established the Charter Review Committee consisting of (7) members for the purpose of reviewing the City's Charter. The Citizens' Committee identified 4 sections within the City Charter that require changes through referendum. City staff reviewed the City Charter and City Code and presented thear recommendations to the City Attorney for review. Furthermore, City staff reviewed the Citizens' Committee's recommendations and determined an additional section of the City Charter to be included in the required changes through referendum. According to Section 166.021 of the Florida Statutes certain specific subjects could only be changed by referendum. Once a Charter amendment is adopted by referendum, any subsequent amendments must also be adopted by referendum. In 1996, the City Council submitted numerous changes to the electorate for ratification. The following proposed Citizens' Committee and Staff changes to the City Charter must be submitted to referendum: 1. Amendment to Section 6-1 2. Amendment to Section 6-2 3. Amendment to Section 7-2 4. Deletion of Section 8-1 5. Amendment to Section 9-1 6. Amendment to Section 18-1, 18-2, 18-3, 18-4. Proposed changes were presented to and reviewed by City Council on November 7, 2002. City Council directed staff to bring back all recommended changes through Ordinances and Resolutions for further review and approval. • ATTACHMENTS: l. Resolution 10, 2000 2. Florida Statute 166.021 3. Florida Statute 166.031 4. Legal Advertisement • STAFF RECOMMENDATION: Staff recommends City Council approve Ordinance 46, 2002. If approved on first reading, a public hearing will be held on December 19, 2002. �It is anticipated the wording would be due to the Supervisor of Election on or before February 7, 2003. The City Clerk's office will conduct the referendum election. . _a . �..u�..�� .�a..��-�.�.. - RESOLUTION 10, 2000 A RESOLUTION OF THE C�TY COUNCII. OF THE CTTY OF PALM BEACH GARDEN�,;� FLORIDA, APPOINTING MEMBERS TO THE CHARTEIZ;REVIEW CO1��Il�!QITEE; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 22-1 of the City of Palm Beach Gardens Code of Ordinances, entetled "Charter review" pmvides that �e City Chatter shall be neviewed; and WI�REAS, it is the desire of the City Council to appoint members to a Charter Review Committee for the purpose of reviewing the City's Charter. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby creates a Charter Review Committee coraprised of seven {7) members. SEC"TION 2. The direcdon of said Committee shall l� to conduct a review of the existing Charter and provide recommendations to the City Council on specific charter changes, if any, for a more effective and efficient City government.. SECTION 3. The Committee shall meet within ten (10) days from the date of approval of this Resolution and elect a chair and vice chair, and conduct as many meetings as the Committee deems necessary. Said Committee shall receive information and testimony from all interested persons. Four (4) Committee members shall constitute a quorum. An interim report shall be fiunished to the City Council within four (4) months of the date hereof and a final report shall be furnished within seven months from the approval date of this Resolution. The Committcc shail automaticaliy be dissolved thirty (30} days from the date of the final report unless the dme period is extended by subsequent resolutions of the City Council. SECTION 4. The following individuals are hereby appointed to the Charter Review Conunittee: Jonathan Gerber I.eonard Rubin Phil Lydon Gary Fields Steve Mathison �ile� Lavin Richard Gruenwald SECTION 5. The City Manager shall provide space for committee meetings and shall provide information and documents upon reques� SECTTON 6. This Resolution shall be effective upon adoption. _ _ _ _ .� :�� � -."w � . �: ._. ., INTRODUCED, PASSED AND ADOPTID'THIS 6 AITEST: � �� CAROL GO , CMC, CITY CI�RK VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO AYE X X X X X 'l i� R. RUSSO APPROVED AS TO LEGAL FORM AND SUFFICIENCY. � C1TY ATTORNEY � NAY ABSENT �"° `� ����� � � �� � � +'� I i �������� � View Statutes Search Statutes Se[ect Year: 2002'� Constitution Laws of Florida � The 2002 Florida Sta.tutes Title XII Chapte� 166 �ew Entire Cha er MUNICIPALITIES MUNICIPALITIES 166.021 Powers.-- Order (1) As provided in s. 2(b), Art. VIII of the State Constitution, municipalities shall have the governmental, corporate, and proprietary powers to enable them to conduct muniapai govemment, perform municipai functions, and render municipal services, and may exercise any power for municipal purposes, except when expressly prohibited by law. (2) "Municipal purpose" means any activity or power which may be exercised by the state or its political subdivisions. (3) The Legislature rerngnizes that pursuant to the grant of power set fo�th in s. 2(b), Art. VIII of the State Constitution, the tegislative body of each municipality has the power to enact legislation concerning any subject matter upon which the state Legislature may act, except: (a) The subjects of annexation, merger, and exercise of extraterritorial power, which require general or special law pursuant to s. 2(c), Art. VIII of the State Constitution; (b) Any subject expressly prohibited by the constitution; (c) Any subject expressly preempted to state or county government by the constitution or by general law; and (d) Any subject preempted to a county pursuant to a county charter adopted under the authority of ss. 1(g), 3, and 6(e), Art. VIII of the State Constitution. (4) The provisions of this section shall be so consirued as to secure far municipalities the broad exercise of home nale powers granted by the constitution. It is the further intent of the Legislature to extend to municipalities the exercise of powers for municipal govemmental, oorporate, or proprietary purposes not expressly prohibited by the canstitution, general or special law, or county charter and to remove any limitations, judicially imposed o� otherwise, on the exercise of home rule powers other tha� those so expressly prohibited. However, nothing in this ad shall be construed to permit any changes in a special law or municipal charter which affect the exercise of extraterritorial powers or which affect an area which includes lands within and without a municipality or any changes in a speciai law or municipai charter which af%ct the creation or existence of a municipality, the terms of elected officers and the manner of theic election except for the selection of election dates and qualifying periods for candidates and for changes in terms of office necessitated by such changes in eledion dates, the distributian of powers among elected officers, matters prescribed by the charter relating to appointive boards, any change in the form of government, or any rights of municipal employees, without approval by referendum of the electors as provided in s. 166.031. Any other limitation of power upon any municipality contained in any municipal charter enaded or adopted p�ior to ]uly 1, 1973, is hereby nullifled and repealed. (5) Ali existing speciai acts pertaining exctusively to the power or jurisdidion of a particular municipality except as otherwise p�ovided in subsection (4) shall become an ordinance of that municipality on the effective date of this act, subject to modification or repeal as othe� ordinances. http:/Iwww.leg.state.fl.us/statutes/index.cfrn?App_mode=Display_Statute&Search Strin�t 1 i/19/2002 (6) The governing body of a municipality may require that any person within the munidpality demonstrate the existence of some arrangement or contract by which such person will dispose of solid waste in a manner consistent with the ordinances of the county or municipality or state or fede�al law. For any person who will produce special wastes or biomedical waste, as the same may be defined by state or federal law vr county or city ordi�ance, the municipality may require satisfactory proof of a contract or similar arrangement by which special or biomedical wastes wiH be wtlected by a qualified and duly licensed collector and disposed of in accordance with the laws of Florida or the Federai Govemment. (7) Notwithstanding the prohibition against extra compensation set forth in s. 215.425, the governing body of a municipality may provide for an extra compensation program, induding a lump-sum bonus payment program, to reward outstanding employees whose performance exceeds standards, if the program provides that a bonus payment may not be included in an employee's regular base �ate of pay and may not be carried forward in subsequent years. (8) Entities that are funded wholly or in part by the municipality, at the discretian of the municipality, may be required by the municipality to conduct a pertormance audit paid for by the municipality. An entity shail not be considered as funded by the municipality by virtue of the fact that such entity utilizes the mu�icipality to wllect taxes, assessments, fees, or other revenue. If an independent special district receives municipai funds pursuant to a contract or interlocal agreement for the purposes of funding, in whole or in part, a discrete program of the district, only that program may be required by the muniapality to undergo a performance audit. (9)(a) The Legislature finds and declares that this state faces increasing competition from other states and other countries for the location and �etention of private enterprises within its bo�ders. Furthermore, the Legislature finds that there is a need to enhance and expand economic activity in the municipalities of this state by attracting and retaining manufacturing development, business enterprise management, and other activities conducive to econornic promotion, in orcler to provide a stronger, more balanced, and stable economy in the state, to enhance and preserve purchasing power and employment opportunities for the residents of this state, a�d to improve the welfare and competitive position of the state. The Legislature declares that it is necessary and in the public interest to facilitate the growth and creation of business enterprises in the municipalities of the state. (b) The governing body of a municipality may expend public funds to attract and retain business enterp�ises, and the use of public funds toward the achievement of such economic development goals constitutes a public purpose. The provisions of this chapter which confer powers and duties on the governing body of a municipality, including any powers not specifically prohibited by law which pn be e�cercised by the gove�rting body of a municipality, shall be liberally construed in order to effectively carry out the purposes of this subsection. (c) For the purposes of this subsection, it constitutes a public purpose to expend public funds for economic development activities, including, but not limited to, developing or improving local infrastructure, issuing bonds to finance or refinance the cost of capital projects for industrial or manufacturing pla�ts, leasing or conveying real property, and making grants to private enterprises for the expansion of businesses existing in the community or the attraction of new businesses to the community. (d) Nothing contained in this subsection shall be construed as a limitation on the home rule powers grented by the State Constitution for municipalities. History.--s. 1, ch. 73-129; s. 1, ch. 77-174; s. 2, ch. 90-332; s. 2, ch. 92-90; s. 2, ch. 93-207; s. 2, ch. 94-332; s. 1, ch. 95-178; s. 1, ch. 98-37. Welcome • es ion • Committees • Legislators • Information Center •��tatutes n�f Constitution • Lobbyist Information Disdaimer. The information on this system is unverified. The joumals or printed bills of the respective chambe►s http:l/www.leg.state.fl.us/statutes/index.cfin?App_mode=Display_StatuteBcSearch String-... 11/19/2002 Q(�i��tt� • � ������ View Statutes Search Statutes Constitution laws of Florida Order Seled Year• �02 -:=: The 2002 Florida Statutes Title XII Chapter 166 View Entire Cha_pter MUNICIPALITIES MUNICIPALITIES 166.031 Charter amendments.-- (1) The goveming body of a municipality may, by ordinance, or the electors of a municipality may, by petitlon signed by 10 percent of the registered electors as of the last preceding municipal general election, submit to the electors of said municipality a proposed amendment to its cha�ter, which amendment may be to any part o� to all of said charter except that part describing the boundaries of such municipality. The governing body of the municipality shall place the proposed amendment contained in the ordinance or petition to a vote of the electors at the next general election held within the municipaUty or at a special election called for such purpose. (2) Upon adoption of an amendment to the charter of a municipality by a majority of the electors voting in a referendum upon such amendment, the goveming body of said municipality shall have the amendment incorporated into the charter and shall file the revised charter with the Department of State. All such amendments are effective on the date specifed therein or as otherwise provided in the charter. (3) A municipality may arnend its charter pursuant to this section notwithstanding a�y charter provisions to the contrery. This section shat{ be supptemental to the provisio�s of all other laws relating to the amendment of municipal charters and is not intended to diminish any substantive or procedural power vested in any mu�icipality by present law. A municipality may, by ordinance and without referendum, redefine its boundaries to include only those lands previously annexed and shall file said redefinition with the Department of State pursuant to the provisions of subsection (2). (4) There shall be no restrictians by the municipality on any employee's or employee group's political activity, while not working, in any referendum changing employee �ights. (5) A municipality may, by unanimous vote of the govemi�g body, abolish municipal departments provided for in the municipal charter and amend provisio�s or language out of the charter which has been judicially construed, either by judgment or by binding legal precedent from a decision of a court of last resort, to be contrary to either the State Constitution or Federal Constitution. (6) Each municipality shall, by ordinance or charter provision, provide procedures for filling a vacancy in office caused by death, resignation, or removal from office. Such ordlnance or charter provision shall also provide procedures for filling a vacancy in candidacy caused by death, withdrdwal, or removal from the ballot of a qualified candidate following the end of the qualifying period which leaves fewer than two candidates fo� an office. History.--s. l, ch. 73-129; s. 1, ch. 86-95; s. 1, ch. 90-106; s. 43, ch. 90-315; s. 45, ch. 94-136. Welcome • Session • Committees • L�gislators • Information Center • Statutes and Constitution • Lobbyist Information Disdaimer. The informafion on this system is unve�ified. The joumals or printed bills of tfie r+espec6ive chambers should be consulted for official purposes. Copyrlght �2000-2002 State of Florida. Contact us. http://www.leg.state.fl.uslstatuteslindex.cfin?App_mode=Display_Statute&Search String=t 11/19/2002 - - - - - ---------- ------- . � . - _ _. —..__ . _:��.:-x ;� . -�:��_:=-- .. .. CITY OF PALM BEACH GARDENS, FLORIDA ORDINANCE 46, 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, SUBMITTING TO REFERENDUM AN AMENDMENT TO ARTICLE VIII OF THE CITY CHARTER, "DEPARTMENT HEADS," BY DELETING SECTION 8-1, "SALARY, DUTIES, POWERS AND COMPLAINT," AS UNNECESSARY AND OBSOLETE; PROVIDING FOR THE TITLE OF THE REFERENDUM BALLOT AND EXPLANATORY STATEMENT; PROVIDING FOR ADVERTISING; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, through the adoption of Ordinance 26, 1975, the City Council submitted the entire City Charter, as initially enacted by the Florida Legislature (Chapter 67-1882, Laws of Florida), for referendum approval by the electorate; and WHEREAS, the electors of the City approved the adoption of the City Charter as set forth in Ordinance 26, 1975, and have thereafter approved subsequent referenda amending various City Charter provisions, as provided in Ordinance 18, 1984 and Ordinance 9, 1996; and WHEREAS, because the entire City Charter has been adopted by referendum vote, section 166.031, Florida Statutes, provides the exclusive method for amendment of the City Charter; and WHEREAS, section 166.031, Florida Statutes, provides that all changes be submitted to referendum vote with the exception of certain subjects identified therein relating to municipal boundaries, the abolishment of municipal departments and language that has been declared unconstitutional; and WHEREAS, based on input and recommendations from the Charter Review Committee and City Staff, the City Council has determined that it is in the best interests of the citizens and residents of the City of Palm Beach Gardens to submit amendments to Article VIII of the City Charter to the electorate for referendum vote. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2: The City Council hereby amends Article VII, "Merit System," of the City Charter to read as follows: Sec. 8-1. Salary, duties, powers and complaint. -- - ----:;- --- -- :; -- -.-- ;-;:----- - --: :::: - -.-- :-:.----- --:;- -- - - ------- ; -- -- - -- ----_:---- ; -- - -- --:: : ---- ;-:_----- - -- - ;;.- ----- --- -- - ::.- ----- - -.;- -;- ; -.-- ;-;:----- --; --- --- -- -- -.:: : -- - ;- -- - --; ---::.--- - ---- =-=----- -:--; - --; -- ; -- - : : ------ - - --; . -- - - -: ; -- ;;. - - --: :. -- : ----=-=------ � ----- - - - - -- --------- ---- ----- - -- -- - - - -- - . . . . .. .. . . . . :-;.----- ; -- ; - :- -- - : ---; ;.--- : -:--: - : -- ; -- -- - - ----- - - - - -- - --- -- - -- --- ----- - -- .. . . . . . . . . .. -;--; - --- --- --- ;- -- :. : -- ;-------- ---= - - -- -- - -- -;--; - - --, --- - - -;;- ; - - -- -, -:- --; --;------:: .-- ; -- - ----:;- - - ---- ;: - -- ---- ; - - -.-- ;-;- ;- :: ; --- -- -- - ----_:- --- ; -- : :::: -_.-- --;. - .�!�ww�dr�:� - . . ::, - - : :. -- ;- --- =-=------ - --- ;- --: -; ;. -- - ----_;- SECTION 3: The foregoing amendment to the City Charter shall not take effect unless and until the proposed amendment is submitted to the vote of the electors of the City of Palm Beach Gardens at a referendum election to be held on March 11, 2003. Upon approval by a majority of the electors voting in the referendum election, the amendment shall thereafter become and be made a part of the City Charter for the City of Palm Beach Gardens. SECTION 4: The title of the referendum ballot and explanatory statement setting forth the substance of the proposed amendment to the City Charter shall appear on the ballot and read as follows: -2- CITY OF PALM BEACH GARDENS CHARTER AMENDMENT QUESTION FOUR SHALL SECTION 8-1 OF THE CITY CHARTER ("SALARY, DUTIES, POWERS AND COMPLAINT") PROVIDING FOR THE ESTABLISHMENT AND APPOINTMENT OF DEPARTMENT HEADS AND FOR A PROCEDURE TO INVESTIGATE COMPLAINTS TO DEPARTMENT HEADS CONCERNING THE FAILURE OF THEIR DEPARTMENT TO ENFORCE ANY LAW, ORDINANCE OR RULE BE DELETED AS UNNECESSARY AND OBSOLETE? YES NO SECTION 5: The City Clerk is hereby authorized and directed to advertise referendum election contemplated herein in accordance with the City Charter and the State of Florida Election Code. SECTION 6: All ordinances and resolutions or parts of ordinances and resolutions of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance, are hereby repealed to the extent of such conflict. SECTION 7: If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. SECTION 8: This Ordinance shall become effective upon approval of the referendum question by a majority of electors voting in the March 11, 2003 referendum election and the subsequent certification of the results of said referendum election. PASSED, FIRST READING PASSED, SECOND READING this day of this day of PASSED, ADOPTED AND APPROVED this -3- 2002. 200 day of , 200_ SIGNED: MAYOR JABLIN VICE MAYOR SABATELLO ATTEST: COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO I HEREBY CERTIFY that I have approved this ORDINANCE as to form. PATRICIA SNIDER, CITY CLERK LEONARD RUBIN CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO P:\CPWin\HI STORY\021101 A\43F.16D(319.062)Igr-doc365 -4- CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: November 19, 2002 Meeting Date: December 19, 2002 Ordinance: 47, 2002 Subject/Agenda Item: Ordinance 47, 2002 — (Second Reading) Submitting to Referendum An Amendment to Article IX of the City's Charter. [ X ] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: $ Council Action: City Clerk (Total) City Attorney [ ] Approved $� [ ]Approved w/ Current FY conditions [ ] Denied Advertised: Funding Sowce: [] Continued to: Date: 12/OS/02 [ ] Operating Attachments: Paper: Palm Beach Post [] Other - Resolution 10, 2000 - Florida Statute 166.021 - Florida Statute 166.031 - Legal Advertisement Dep t D ctor Affected parties Budget Acct.#: Patricia Snider, City Clerk Approve by: . [ ] Notified [ ] None City Mana er j] Not required Date Prepared: November 19, 2002 Meeting Date: December 19, 2002 Ordinance: 47, 2002 BACKGROUND: • Resolution 10, 2000, adopted on April 6, 2000, established the Charter Review Committee consisting of (7) members for the purpose of reviewing the City's Charter. The Citizens' Committee identified 4 sections within the City Charter that require changes through referendum. • City staff reviewed the City Charter and City Code and presented their recommendations to the City Attorney for review. Furthermore, City staff reviewed the Citizens' Committee's recommendations and determined an additional section of the City Charter to be included in the required changes through referendum. • According to Section 166.021 of the Florida Statutes certain specific subjects could only be changed by referendum. Once a Charter amendment is adopted by referendum, any subsequent amendments must also be adopted by referendum. In 1996, the City Council submitted numerous changes to the electorate for ratification. The following proposed Citizens' Committee and Staff changes to the City Charter must be submitted to referendum: 1. Amendment to Section 6-1 2. Amendment to Section 6-2 3. Amendment to Section 7-2 4. Deletion of Section 8-1 5. Amendment to Section 9-1 6. Amendment to Section 18-1, 18-2, 18-3, 18-4. Proposed changes were presented to and reviewed by City Council on November 7, 2002. City Council directed staff to bring back all recommended changes through Ordinances and Resolutions for further review and approval. • ATTACHMENTS: 1. Resolution 10, 2000 2. Florida Statute 166.021 3. Florida Statute 166:031 4. Legal Advertisement • STAFF RECOMMENDATION: Staff recommends City Council approve Ordinance 47, 2002. If approved on first reading, a public hearing will be held on December 19, 2002. It is anticipated the wording would be due to the Supervisor of Election on or before February 7, 2003. The City Clerk's office will conduct the referendum election. RESOLUTION 10, 2000 A RESOLUTION OF TT� CTTY COUNCII. OF THE CTI'Y OF PALM BEACH GARDENS, FLORIDA, APPOINTING MEMBERS TO THE CHARTER REVIEW CONIlVIlTTF.E; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 22-1 of the City of Palm Beach Gardens Code of Ordinances, entitled "Charter review" provides that the City Charter shall be r�viewed; and WHEREAS, it is the desire of the City Council to appoint members to a Charter Review Committee for the purpose of reviewing the City's Charter. NOW, THEREFORE, BE IT RESOLVED BY 1'�IE GITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby creates a Charter Review Committee comprised of seven {7) members. SEC'TION 2. The direction of said Committee shall be to conduct a review of the enisting Charter and provide recommendations to the City Council on specific charter changes, if any, for a more effective and efficient City government.. SECTION 3. The Committee shall meet within ten (10) days from the date of approval of this Resolution and elect a chair and vice chair, and conduct as many meetings as the Committee deems necessary. Said Committee shall receive information and testimony from all interested persons. Four (4) Committee members shall constitute a quorum. An interim report shall be furnished to the City Council within four (4) months of the date hereof and a final report shall be furnished within seven months from the approval date of this Resolution. The Committee shall automatically be dissolve�i thirty {30) days fram the date of the final report unless the dme period is extended by subsequent resolutions of the City Council. SECTI�N 4. The following individaals are hereby appointed to the Charter Review Committee: Jonathan Gerber L.eonard Rubin Phil Lydon Gary Fields Steve Mathison �Ilen Lavin Richard Gnxenwald SECTION 5. The City Manager shall provide space far committee meerings and shall pmvide information and documents upon reques� SECTION 6. This Resolution shall be effective upon adoption. INTRODLTCED, PASSED AND ADOPTED THIS 6 ATTF.ST: � �� CAROL GO , CMC, CTTY Ci�RK VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCII.WOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO AYE X X X X X n �i� R. RUSSO APPROVF.D AS TO LEGAL FORM AND SIJFFICIENCY. C1TY ATTORNEY NAY ll�Sr.�1\ 1 `� Q�e�!`'��e� � � ��� , � View Statutes Search Statutes Constitutio� Laws of Florida Order Select Year• 2802 � �s-- The 2002 Florida Sta.tutes Title XII Chapte� 166 View Errtire Chapter MUNICIPALITIES MUNICIPALITIES 166.021 Powers.-- (i) As provided in s. 2(b), Art. VIII of the State Constitution, municipalities shall have the govemmental, corporate, and proprietary powers to enable them to conduct municipal government, perform municipai functions, and render municipal services, and may exercise any power for municipal purposes, except when expressly prohibited by law. (2) "Municipal purpose" means any acfivity or power which may be exercised by the state or its political subdivlsions. (3) The legislature recognizes that pursuant to the grant of power set forth in s. 2(b), Art. VIII of the State Constitution, the tegisla#ive body of each municipality has the power to enact legislation concerning any subject matter upon which the state legislature may act, except: (a) The subjects of annexation, merger, and exercise of extraterritorial power, which require general or speciai law pursuant to s_ 2(c), Art. VIII of the State Constitution; (b) My subject expressly prohibited by the constitution; (c) Any subject expressly preempted to state or county govemme�t by the constitution or by general law; and (d) Any subject preempted to a county pursuant to a county charter adopted under the authority of ss. i(g), 3, and 6(e), Art. VIII of the State Constitution. (4) The provisions of this section sha(( be so construed as to secure for municipalities the broad exerdse of home rule powers g�anted by the constitution. It is the further intent of the Legtslature to extend to municipalities the exercise of powers for municipal governmental, corporate, or proprietary purposes not expressly prohibited by the constitution, generat or special law, or county charter and to remove any limitations, judicially imposed or otherwise, on the exerase of home rule powers other than those so expressly prohibited. However, �othing in this act shall be constived to permit any changes in a special law or municipal charter which affect the exercise of extraterritorial powers or which afFect an area which includes iands within and without a municipality or any changes i� a special law o� municipal charter which af%ct the creation or existence of a municipality, the terms of elected officers and the manner of their election except for the selection of election dates and qualifying periods for candidates and for changes in terms of office necessitated by such changes in election dates, the distribution of powers among elected officers, matters prescribed by the charter relating to appointive boards, any change in the form of government, or any rights of municipat employees, without approvai by referendurn of the electors as provided in s. 16 . 1 Any other limitation of power upon any municipafity rnntained in any municipal charter enacted or adopted p�to� to July i, 1973, is hereby nullified and repealed. {5) Ali exisfing speciat acts pertaining exc(usivety to the power or jurisdiction of a particular municipality except as otherwise provided in subsection (4) sfiaii become an ordinance of that municipality on the effective date of this act, subject to modification or repeat as othe� ordinances. http://www.leg.state.fl.us/statute�ndex.cfm?App mode=Display_Statute&Search String=t 11/19/2002 (6) The governing body of a municipality may require that any person within the muniapality demonstrate the existence of some arrangement or contract by which such person wii! dispose of solid waste in a manner consistent with the ordinances of the county or municipality o� state or federal law. For any person who will produce special wastes or biomedical waste, as the same may be defined by state or federa! law or county or city ordinance, the municipality may require satisfadory proof of a contract or similar arrangement by which special or biomedical wastes will be collected by a qualified and duly licensed coliector and disposed of in accordance with the laws of Flo�da o� the Federal Govemment. (7) Notwithstanding the prohibition against extra compensation set forth in s. 21S•425' the goveming body of a municipatity may provide for an extra compensation prog�am, including a lump-sum bonus payment program, to reward outstanding empioyees whose performance exceeds standards, if the program provides that a bonus payrr�ent may not be iRCluded in an employee's regular base rete of pay and may not be carried forward in subsequent years. (8) Entities that are funded wholiy or in part by the mu�icipality, at the discretion of the municipality, may be required by the municipality to conduct a pertormance audit paid for by the municipality. An entity shall not be considered as funded by the municipality by virtue of the fact that such entity utilizes the municipality to collect taxes, assessments, fees, or other revenue. If an independent special district receives municipal funds pursuant to a contract or inte�local agreement for the purposes of funding, in whole or in part, a discrete program of the district, only that program may be required by the municipality to undergo a performance audit. (9)(a) The Legislature finds and declares that this state faces increasing competition from other states and other countries for the location and retention of private enterprises within its borders. Furthermore, the Legislature finds that there is a �eed to enhance a�d expand economic activity in the municipalities of this state by attrecting and retaining manufacturing development, business enterprise management, and other activities conducive to economic promotion, in orcler to provide a stronger, more balanced, and stable economy in the state, to enhance and preserve purchasing power and employment opportunities for the residents of this state, and to improve the welfare and competitive position of the state. The Legislature declares that it is necessary and in the pubiic interest to facilitate the growth and creation of business enterprises in the municipalities of the state. (b) The governing body of a municipality may expend public funds to attract and retain business enterprises, and the use of public funds toward the achievement of such economic development goals constitutes a public purpose. The provisions of this chapter which confer powers and duties on the goveming body of a municipality, including any powers not specificaily prohibited by law which can be exercised by the governing body of a municipality, shall be tiberally construed in order to effectively carry out the purposes of this subsection. (c) For the purposes of this subsection, it constitutes a public purpose to expend public funds for economic development activities, i�cluding, but not limited to, developing o� improving local infrastrudure, issuing bonds to fi�ance or refinance the cost of capital projects for industrial or manufacturing plants, leasing or conveying real property, and making grants to private enterprises for the expansion of businesses existing i� the community or the attraction of new businesses to the community. (d) Nothing contained in this subsection shall be construed as a limitation on the home rule powers granted by the State Constitution for municipalities. History.--s. 1, ch. 73-129; s. 1, ch. 77-174; s. 2, ch. 94-332; s. 2, ch. 92-90; s. 2, ch. 93-207; s. 2, ch. 94-332; s. 1, ch. 95-178; s. 1, ch. 98-37. Welcome • iort • Committees • Legislators • Information Cente� • Statutes and Constitution • �pbbyist Information Disdaimer: The information on ti�is system is unverified. The joumals or printed bilis of the respedive chambers http://www.leg.state.fl.us/statutes/index.cfin?App mode=Display_Statute&Search String-... 11/19I2002 � ����i�+� �... �.. ; Vieav Statutes Search Statutes Seled Year: �02 �:::�` Constitution Laws of Florida The 2002 Florida Statutes Title XII Cha�ter 166 View Enti�e Chapter MUNICIPALITIES MUNICIPALITIES 166.031 Charter amendments.-- Order (1) The goveming body of a municipality may, by ordinance, or the etectors of a municipality may, by petition signed by 10 percent of the registered electors as of the last preceding municipal general election, submit to the electors of said municipality a proposed amendment to its chaFter, which amendment may be to any part or to all of said charter except that part describing the boundaries of such municipality. The goveming body of the municipality shall ptace the proposed amendment contained in the ordinance or petition to a vote of the electors at the next general election held withfn the munfcipality or at a speciai election called for such purpose. (2) Upon adoption of an amendment to the charter of a municipatity by a majority of the electors voting in a referendum upon such amendment, the goveming body of said municipality shall have the amendme�tt incorporated into the charter and shall fle the revised charter with the Department of State. All such amendments are effective on the date specified therein or as otherwise provided in the charter. (3) A municipality may arnend its charte� pursuant to this section notwithstanding any charter provisions to the contrary. This section shali be supplemental to the provisions of afl other laws relating to the amendment of municipai charters and is not intended to diminish any substantive or procedural power vested in any mu�icipality by present law. A municipality may, by ordinance and without referendum, redefine its boundaries to indude only those lands previously annexed and shall file said redefinition with the Department of State pursuant to the provisions of subsection (2). (4) There shall be no restrictions by the municipality on any employee's or employee group's poiiticai activity, while not working, in any referendum changing empioyee rights. (5) A municipality may, by unanimous vote of the governing body, abolish municipal departments provided for in the municipal charter and amend provisions or language out of the charter which has been judicially construed, eithe� by judgment or by binding legal preceQent from a decision of a court of tast resort, to be contrary to either the State Constitution or Federal Constitution. (6) Each municipality shali, by ordinance or charter provision, provide procedures for fiiling a vacancy in office caused by death, resignation, or removal from office. Such oMinance or charter provision shail also provide procedures for fiiling a vacancy in candidacy caused by death, withdrawal, or removal from the bailot of a qualified candidate following the.end of the qualifying period which leaves fewer than two candidates for an offlce. History.--s. 1, ch. 73-129; s. 1, ch. 86-95; s. 1, ch. 90-106; s. 43, ch. 90-315; s. 45, ch. 94-136. Welcome • Session • Committees • Legislators • Information Center • Statutes and Constitution • Lobbyist Information Disdaimer: The inforn�ation on this system is unve�ified. The j�mais or printed bills of the respedive chambers should be consuited for official puryoses. Copyright �2000-2002 State of Florida. Contact us. http://www.leg.state.fl.us/statutes/'uidex.cfm?App mode=Display_Statute&Search Strimg=l 11119/2002 _ .. - - - ----------- ------- . : � - _ . . _.��.: -.� ::�.r.�. . , =t = �. CITY OF PALM BEACH GARDENS, FLORIDA ORDINANCE 47, 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, SUBMITTING TO REFERENDUM AN AMENDMENT TO ARTICLE IX OF THE CITY CHARTER, "APPOINTMENT, POWERS AND DUTIES OF CITY OFFICERS," BY AMENDING SECTION 9-1, "POWERS AND DUTIES OF THE MAYOR," TO DELETE ANY REFERENCE TO THE "CHIEF EXECUTIVE OFFICER" AND TO CLARIFY THE MAYOR'S DUTIES CONSISTENT WITH THE COUNCIL-MANAGER FORM OF GOVERNMENT; PROVIDING FOR THE TITLE OF THE REFERENDUM BALLOTAND EXPLANATORYSTATEMENT; PROVIDING FORADVERTISING; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, through the adoption of Ordinance 26, 1975, the City Council submitted the entire City Charter, as initially enacted by the Florida Legislature (Chapter 67-1882, Laws of Florida), for referendum approval by the electorate; and WHEREAS, the electors of the City approved the adoption of the City Charter as set forth in Ordinance 26, 1975, and have thereafter approved subsequent referenda amending various City Charter provisions, as provided in Ordinance 18,1984 and Ordinance 9, 1996; and WHEREAS, because the entire City Charter has been adopted by referendum vote, section 166.031, Florida Statutes, provides the exclusive method for amendment of the City Charter; and WHEREAS, section 166.031, Florida Statutes, provides that all changes be submitted to referendum vote with the exception of certain subjects identified therein relating to municipal boundaries, the abolishment of municipal departments and language that has been declared unconstitutional; and WHEREAS, based on input and recommendations from the Charter Review Committee and City Staff, the City Council has determined that it is in the best interests of the citizens and residents of the City of Palm Beach Gardens to submit amendments to Article IX of the City Charter to the electorate for referendum vote. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2: The City Council hereby amends Article VII, "Merit System," of the City Charter to read as follows: Sec. 9-1. Powers and duties of the mayor. The mayor shall preside as chairman at meetings of the city council, shall be recognized as head of city government for all ceremonial purposes, by the governor for purposes of military law, for service of process, execution of contracts, deeds and other documents, and as the city official designated to represent the city in all other governmental meetinas ', but shall have no administrative duties except as required to carry out the responsibilities herein. The mayor shall have a voice and vote in the proceedings of the city council. The vice-mayor shall assume the duties of the mayor during the absence or disability of the mayor. In the absence or disability of both the mayor and vice-mayor, the city council may appoint a chairman pro tem to fulfill the duties and functions of said office. SECTION 3: The foregoing amendment to the City Charter shall not take effect unless and until the proposed amendment is submitted to the vote of the electors of the City of Palm Beach Gardens at a referendum election to be held on March 11, 2003. Upon approval by a majority of the electors voting in the referendum election, the amendment shall thereafter become and be made a part of the City Charter for the City of Palm Beach Gardens. SECTION 4: The title of the referendum ballot and explanatory statement setting forth the substance of the proposed amendment to the City Charter shall appear on the ballot and read as follows: 6�� CITY OF PALM BEACH GARDENS CHARTER AMENDMENT QUESTION FIVE SHALL SECTION 9-1 OF THE CITY CHARTER ("POWERS AND DUTIES OF THE MAYOR") BE AMENDED TO DELETE ANY REFERENCE TO THE "CHIEF EXECUTIVE OFFICER"AND TO CLARIFYTHE MAYOR'S DUTIES CONSISTENT WITH THE COUNCIL-MANAGER FORM OF GOVERNMENT? YES � SECTION 5: The City Clerk is hereby authorized and directed to advertise referendum election contemplated herein in accordance with the City Charter and the State of Florida Election Code. SECTION 6: All ordinances and resolutions or parts of ordinances and resolutions of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance, are hereby repealed to the extent of such conflict. SECTION 7: If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. SECTION 8: This Ordinance shall become effective upon approval of the referendum question by a majority of electors voting in the March 11, 2003 referendum election and the subsequent certification of the results of said referendum election. PASSED, FIRST READING PASSED, SECOND READING this day of , 2002. this PASSED, ADOPTED AND APPROVED this -3- day of d ay of r�� r�� SIGNED: MAYOR JABLIN VICE MAYOR SABATELLO ATTEST: COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO I HEREBY CERTIFY that I have approved this ORDINANCE as to form. PATRICIA SNIDER, CITY CLERK LEONARD RUBIN CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO P:1CPW in\HISTORY�021101 A143F.16E(319.062)Igr-doc365 � CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: November 19, 2002 Meeting Date: December 19, 2002 Ordinance: 48, 2002 Subject/Agenda Item: Ordinance 48, 2002 — (Second Reading) Submitting to Referendum An Amendment to Article XVIII to the City's Charter . [ X ] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: $ Council Action: City Clerk (Total) City Atto ey [ ] Approved $ [ ]Approved w/ Cunent FY conditions [ ] Denied Advertised: Funding Sowce: [] Continued to: Date: 12/OS/02 [ ] Operating Attachments: Paper: Palm Beach Post ,[] Other - Resolution 10, 2000 - Florida Statute 166.021 - Florida Statute 166.031 - Legal Advertisement Dep ent ' ector Affected parties Budget Acct.#: Patricia Snider, City Clerk Appro d by: -[ ] Notified [] None City M ger [] Not required Date Prepared: November 19, 2002 Meeting Date: December 19, 2002 Ordinance: 48, 2002 BACKGROUND: Resolution 10, 2000, adopted on April 6, 2000, established the Charter Review Committee consisting of (7) members for the purpose of reviewing the City's Charter. The Citizens' Committee identified 4 sections within the City Charter that require changes through referendum. City staff reviewed the City Charter and City Code and presented their recommendations to the City Attorney for review. Furthermore, City staff reviewed the Citizens' Committee's recommendations and determined an additional section of the City Charter to be included in the required changes through referendum. According to Section 166.021 of the Florida Statutes certain specific subjects could only be changed by referendum. Once a Charter amendment is adopted by referendum, any subsequent amendments must also be adopted by referendum. In 1996, the City Council submitted numerous changes to the electorate for ratification. The following proposed Citizens' Committee and Staff changes to the City Charter must be submitted to referendum: 1. Amendment to Section 6-1 2. Amendment to Section 6-2 3. Amendment to Section 7-2 4. Deletion of Section 8-1 5. Amendment to Section 9-1 6. Amendment to Section 18-1, 18-2, 18-3, 18-4. Proposed changes were presented to and reviewed by City Council on November 7, 2002. City Council directed staff to bring back all recommended changes through Ordinances and Resolutions for further review and approval. • ATTACHMENTS: 1. Resolution 10, 2000 2. Florida Statute 166.021 3. Florida Statute 166.031 4. Legal Advertisement • STAFF RECOMMENDATION: Staff recommends City Council approve Ordinance 48, 2002. If approved on first reading, a public hearing will be held on December 19, 2002. It is anticipated the wording would be due to the Supervisor of Election on or before February 7, 2003. The City Clerk's of�ce will conduct the referendum election. x�soLV•riorr ia, Z000 A RESOLUTION OF THE CITY C4UNCII. OF TF� C1TY OF PALM BEACH GARDENS, FLORIDA, APPOINTING MEMBERS TO THE CHARTER REVIEW COMMITT�.E; AND, PROVIDING FOR AN EFPECTIVE DATE. WHEREAS, Section 22-1 of the City of Palm Beach Gardens Code of Ordinances, entitled "Charter review" provides that the City Charter shall be rcviewed; and WHEREAS, it is the desire of the City Council to appoint members to a Charter Review Committee for the purpose of reviewing the City's Charter. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TAE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, F7orida, hereby creates a Charter Review Committee comprised of seven {7) members. SEC'TION 2. The direction of said Committee shall be to conduct a review of the existing Charter and provide recommendations to the City Council on specific charter changes, if any, for a more effective and efficient City government.. SECTION 3. The Committee shall meet within ten (10) days from the date of approval of this Resolution and elect a chair and vice chair, and conduct as many meetings as the Committee deems necessary. Said Committee shall receive information and testimony from all interested persons. Four (4) Committee members shall constitute a quorum. An interim report shall be furnished to the City Council within four (4) months of the date hereof and a final report shall be furnished within seven months from the approval date of this Resolution. The Committee shall automatically be dissolved thirty (30) days from the date of the final report unless the time period is extended by subsequent resaludons of the City Council. SECTION 4. The folIowing individuals are hereby appoint�d to the Charter Review Committee: Jonathan Gerber Leonard Rubin Phil Lydon Gary Fields Steve Mathison �lle�► Lavin Richard Gruenwald SECTION S. The City Manager shall provide space for committee meetings and shall provide inforimation and documents upon reques� SECTION 6. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THLS 6 AITFST: � �� CAROL GO , CMC, CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCII.WOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELTA �� X X X X X 0 ��� R. RUSSO APPROVED AS TO LEGAL FORM AND SUFFIC7ENCY. � C1T'Y ATTORNEY NAY ABSENT �`""".,� � ���� � � � i � ;1 View Statutes Search Statutes Select Year: 2002'�� - Constitution Laws af Florida i"` The 2002 Florida Statutes TiHe XII Chapter 16¢ �ew Entire Chapter MUNICIPALITIES MUNICIPALITIES 166.021 Powers.-- Order (1) As provided in s. 2{b), Art. VIII of the State Constitution, municipalities shaii have the governmental, corporate, and proprietary powers to enable them to conduct municipal government, perform municipa) functions, and render municipal services, and may exercise any power for municipal purposes, except when expressly prohibited by law. (2) "Municipal purpose" means any activity or power which may be exercised by the state or its political subdivisions. (3) The Legislature recognizes that pursuant to the grant of power set forth in s. 2(b), Art. VIII of the State Co�stitution, the legislative body of each municipality has the power to enact legislatio� concerning any subject matter upon which the state Legislature may act, except: (a) The subjects of annexation, merger, and exercise of extraterritorial power, which require general or special law pursuant to s. 2(c), Art. VIII of the State Constitution; (b) Any subject exp�essly prohibited by the constitution; (c} Any subject expressly preempted to state or county government by the constitution or by general law; and (d) My subject preempted to a county pursuant to a county charter adopted under the authority of ss. 1(g), 3, and 6(e), Art. VIII of the State Constitution. (4) The provisions of this section sha(I be so construed as to secure for municipalities the broad exercise of home n�le powers granted by the constitution. It is the further intent of the Legislature to extend to municipalities the exerase of powers fo� municipal governmental, corporate, or proprietary purposes not expressly prohibited by the constitution, general or special law, or county charter and to remove any limitations, judicially imposed or otherwise, on the exercise of home rule powers other than those so expressly prohibited. However, nothing in this act shall be rnnstrved to permit any changes in a special law or municipai charter which affect the exercise of extraterritorial powers or whid� affect an area which includes lands within and without a municipality or any changes in a speciai law or municipal charte� which affect the creation or existence of a municipality, the terms of elected officers and the manner of their election except for the selection of election dates and qualifying periods for candidates and for changes in terms of office necessitated by such changes in election dates, the distribution of powers among elected offi�ers, matters prescribed by the charter relating to appointive boards, any change in the form of govemment, or any rights of municipal employees, without approvai by refe�endum of the electors as provided in s. 166.031s Any other limitatio� of power upon any municipality contained in any municipal charter enaded or adopted p�lor to July 1, 1973, is hereby nullified and repealed. (5) All existing speciai acts pertaining exclusivety to the power or jurisdiction of a particuiar municipality except as otherwise provided i� subsection (4) shall become an ord'+nance of that municipality on the effective date of this act, subject to modification or �epeat as othe� ordinances. http:/Jwww.leg.state.fl.us/statute�ndex.cfm?App mode=Display_Statute&Search Strin�t 11/19/2002 (6) The governing body of a municipality may require that any person within the muniapality demonstrate the existence of some arcangement or contract by which such pefson will dispose of solid waste ln a manner consistent with the ordinances of the county or municipality or state or federal law. Fo� any person who will produce special wastes or biomedical waste, as the same may be defined by state or federai law or county or city ordina�ce, the municipality may require satisfactory proof of a contrad or similar arrangement by which special or biomedical wastes will be wllected by a qualified and duly licensed collector and disposed of in accordance with the laws of Florida o� tfie Federal Govemment. (7) Notwithstanding the prohibition against extra compensation set forth in s. 215.425, the gove�ning body of a municipality may provide for an extra compensation program, including a lump-sum bonus payment program, to reward outstanding employees whose performance exceeds standards, if the program provides that a bonus payment may not be included in an employee's regular base rate of pay and may not be carried forward in subsequent years. (8) Entities that are funded wholly or in part by the municipality, at the discretion of the municipality, may be required by the municipality to conduct a pertormance audit paid for by the municipality. An entity shall not be considered as funded by the municipality by virtue of the fact that such entity utilizes the municipality to collect taxes, assessments, fees, or other revenue. If an independent special district receives municipai funds pursuant to a contract or interlocal agreement for the purposes of funding, in whole or in part, a discrete program of the district, only that prog�am may be �equired by the municipality to undergo a perfomnance audit. (9)(a) The Legislatu�e finds and declares that this state faces increasing competition from other states a�d other countries for the location and retention of private enterprises within its borders. Futthermore, the Legislature finds that there is a need to enhance and expand economic activity in the municipalities of this state by attracting and retaining manufacturing development, business enterprise management, and other activities conducive to economic promotion, in order to provide a stronger, more balanced, and stable economy in the state, to enhance and preserve purchasing power and employment oppoitunities for the residents of this state, and to improve the welfare and competitive position of the state. The Legislature declares that it is necessary and in the public interest to facilitate the growth and creation of business enterprises in the municipalities of the state. (b) The goveming body of a municipality may expend public funds to attract and retain business enterprises, and the use of public funds toward the achievement of such economic development goals constitutes a public purpose. The provisiorts of this chapter which confer powers and duties on the governing body of a municipality, including any powers not specifically prohibited by law which can be exercised by the governing body of a rnunicipality, shall be liberelly canstrued in order to effectively carry out the purposes of tnis subsection. {c) For the purposes of this subsection, it constitutes a public purpose to expend public funds for economic development activities, including, but not limited to, developing or improving local infrastructure, issuing bonds to finance or refinance the cost of capital projects for industrial or manufacturing plants, leasing or conveying real property, and making grants to private enterprises for the expansion af businesses existing in the community or the attraction of new businesses to the community. (d) Nothi�g contained in this subsection shall be constn�ed as a limitation on the home nile powers granted by the State Constitution for municipalities. History.--s. 1, ch. 73-129; s. 1, ch. 77-174; s. 2, ch. 90-332; s. 2, ch. 92-90; s. 2, ch. 93-207; s. 2, ch. 94-332; s. 1, ch. 95-178; s. 1, ch. 98-37. Wefcome • es +on • Committees • Legislators • Information Center • Statutes and Constitution • Lobbyist Information Disclaimer. The infortnation on tfi� system is unverified. The joumals or printed bills of the respedive chambers http:/Iwww.leg.state.fl.us/statutes/index.cfm?App mode=Display_Statute&Search String-... 11/19/2002 Qt'ti�lte • � ��lt���� _. View Statutes Search Statutes Constitution Laws of Florida Order Select Year• �02 ` The 2002 Florida Statutes Title XII Chapter 166 View Entire Chapter MUNICIPALITIES MUNICIPALITIES 166.031 Charter amendments.-- (1) The goveming body of a municipality may, by ordi�ance, or the etectors of a municipality may, by petition signed by 10 percent of the registered electors as of the last preceding municipal general election, submit to the electors of said municipality a proposed amendment to its cha�ter, which amendment may be to any part or to ail of said charter except that part describing the boundaries of such municipality. The goveming body of the municipality shalf place the proposed amendment contained in the ordinance or petition to a vote of the electors at the next general election heid within the municipality or at a special election called for such purpose. (2) Upon adoption of an amendment to the charter of a municipality by a majority of the electors voting in a referendum upon such amendment, the goveming body of said municipality shall have the amendme�t incorporated into the charter and shall file the revised charter with the Department of State. All such amendme�ts are effective on the date specified therein or as otherwise provided in the charter. (3) A municipality may amend its charter pursuant to this section notwithstanding any charter provisions to the contrary. This section shall be supplementat to the provisions of all other laws relating to the amendment of municipai charters and is not intended to diminish any substantive or procedu�ai power vested in any municipality by present law. A municipality may, by ordinance and without referendum, redefine its boundaries to include only those lands previously annexed and shall file said redefinition with the Departme�t of State pursuant to the provisions of subsection {2). (4) There shall be no restrictians by the municipality on any employee's or employee group's political activity, while not worlcing, in any referendum changing employee rights. (5) A municipality may, by unanimous vote of the governing body, abolish municipal departments provided for in the municipal charter and amend prav�sions or language out of the charte� which has been judicially construed, either by judgment or by binding legai precedent from a decision of a wurt of iast resort, to be contrary to either the State Constitution or Federal Constitution. (6) Each municipality shall, by ordinance or charter provision, provide procedures for filling a vacancy in office caused by death, resignation, or removai from office. Such ordinance or charter provision shail also provide procedures for filting a vacancy in candidacy caused by death, withdrawal, or removal f�am the ballot of a qualified candidate following the end of the qualifying period which leaves fewer than two candidates for an office. History.--s. 1, ch. 73-129; s. 1, ch. 86-95; s. 1, ch. 90-106; s. 43, ch. 90-315; s. 45, ch. 94-136. Welcome • Session • Committees • L�gislators • Information Center •�tatutes and Constitution • Lobbyist Information Qlsdaimer. The information on this system !s unverified. The joumals or pri�ted bills of the t+espective chambers should be consuRed for officiai purposes. Copyright 02000-2002 State of Florida. ConYact us. http://www.leg.state.fl.us/statutes/index.cfm?App mode=Display_StatuteBcSearch Strimg=l 11/19l2002 - - - - - - ----------- --------- . r � . . _. . . _ . _ .. __-_.... . ._.yc_: ��t :��ww2�. � - �ic� ` ....- . . .. CITY OF PALM BEACH GARDENS, FLORIDA ORDINANCE 48, 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, SUBMITTING TO REFERENDUM AN AMENDMENT TO ARTICLE XVIII OF THE CITY CHARTER, "ORDINANCES AND RESOLUTIONS," BY DELETING SECTION 18-1, "MEETING AND PROCEDURE OF CITY COUNCIL," AND SECTION 18-4, "POSTING OR PUBLICATION OF ORDINANCES," AS OBSOLETE AND INCONSISTENT WITH FLORIDA STATUTES AND RENUMBERING THE REMAINING PROVISIONS OF CHAPTER XVIII; PROVIDING FOR THE TITLE OF THE REFERENDUM BALLOTAND EXPLANATORYSTATEMENT; PROVIDING FORADVERTISING; PROVIDING FORCODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, through the adoption of Ordinance 26, 1975, the City Council submitted the entire City Charter, as initially enacted by the Florida Legislature (Chapter 67-1882, Laws of Florida), for referendum approval by the electorate; and WHEREAS, the electors of the City approved the adoption of the City Charter as set forth in Ordinance 26, 1975, and have thereafter approved subsequent referenda amending various City Charter provisions, as provided in Ordinance 18, 1984 and Ordinance 9, 1996; and WHEREAS, because the entire City Charter has been adopted by referendum vote, section 166.031, Florida Statutes, provides the exclusive method for amendment of the City Charter; and WHEREAS, section 166.031, Florida Statutes, provides that all changes be submitted to referendum vote with the exception of certain subjects identified therein relating to municipal boundaries, the abolishment of municipal departments and language that has been declared unconstitutional; and WHEREAS, based on input and recommendations from the Charter Review Committee and City Staff, the City Council has determined that it is in the best interests of the citizens and residents of the City of Palm Beach Gardens to submit amendments to Article XVIII of the City Charter to the electorate for referendum vote. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2: The City Council hereby amends Article XVI I I, "Ordinances and Resolutions," of the City Charter to read as follows: - : -- . . . =:. _ . .. -- - -:.-- --- ---- - -.-- --- --, ;--- -- --- ;- - --- --- - --- -- � ---- --- - -- - -- -- --- -- ---- - -- . . . .. . . . - . . .. . .. . - - - -- ---- -- - - --- - - - - ------ --- -- -- - -- --- - -- ... . .. . . . . . . .. . .. - -- -- - -- - -- -- ----- - ---- - -- --- -- - ---- - .. . . . �. . . .: . . . .. : :::: -::: ------ --; --:. :-- --- ;- -- ; :. - -- ---= - - - --- -- -- ; ;, -; .: ;- --; - -- --- -- - -- ; ;. -; ----- -:- .- --- -;- - ; -- ----- -: - ;-- -;---: - - - ----- ------ -- -- - - -- - - - -- -- - - _ . . . . . -- - - -- --- - -- -- -- - - -- - -- - - .., . .... . .. . . :--- - --; ;- ------ -- . - --; -- ; --.; - -- - ;-- - - ---- -- ------ -- - - --- -- - - -- - - -- --- . . . . . . . ... . ... • ----- - -- --- - - - ---- - - - -- -- - - --- -- - . . . _. . . . . - ----- -- --- -- - - - - - - -- - -- - ---- -- .. . . .. . . . .. . : - ::- -. - -- ; -- :;-- - - - - ;.- ---- ; -- :;.- - -;■:�. --- - - ----- - --- -- --- -- - -- --- - -- --- . . . . . . . ... . . . --- ---- --- - --- - - -- --- ----- - - --- ------ -- . .. . .. . . .. . . -- - - -- -., -- --- ;- - -- - - -; - -- - .; - - ----- --- -- - --- - -------- - - - ---- - - - .. . .. . ..• . -- -- ------ - - -- - ------ --- -- - - -- . _ . . . . .. . - -: ; ----;-: -- : --- ;- ; -.;--- :- : .. .: ::- ; - --- ;- ; -.:--- :- - - : :::--:: : ----- --- ;- -:: :. - : - . :- - --- � - ---- - - -- - --- --- - --- .. ._ ._ . :.---- - :: - : : : :::: .- ;- -; --; ;--- - - -- -::.- : :--- - - -. - ;- - -- --.- - :: -- -- -- - - ------ ---- ---- --- - - - -- -- - . . . ... . . _ --- --; ; --- ; -- ---- -; -- - ; -- ; : :::--:: : ------ --: --; ---: ; ---- - - -- -- - - -- -- - - -- - ------ - - ------ --- -- . .. . . ... . . . . ----- -- - -- - - - - - -- -- --- - -- -- -- . . .. ... . . . _.. -- - - -- -: :.- -- --- .::-- - -- ---- -: --: ;- --- ; - --;-- : -- ; ;::--: : : ----- -2- ; -- :;.- - -: :::. : - -.- - ;: --- ;. ,; - ;- - - ---- -- ---- ---- - - ----- -- ---- -- .. . . . .. . . . - -- -;. ----- - : :: :: ::- - ; - - -�;--- ;- - - : :::--; --:. :- -- ;- -.. :. - ;- --- :. -: -: :. - --- ; .: - ; -- - -;.-- - - - - ; ; -- -----;- - ; -- ;;.- - -: :::. --- ---- - - - - -- � - -- --- - - - - - --- - - - . . ... . - .. . • . :.: .-- ; ---- --- ;- ------- ; ---- -- ; ; ----- ; :::: -- --:. :- - --; -- ,; - ;- ; -- ----;- -- ; - -- --- - - -- -- - ---- -- ---- ---- - - ----- �- . ... . .. . . . . . � -- ;:--_;- -- .: - ; ---- -----;- ; -- ;;.- - -: :::. - -- --- -- -- - -- -- -- -- - - --- -- - -- ---- -- •. . . .. . .. . . � - - ------ - --- --- ------ - -- -- - - -- --- - . . . . . . .. . . � ... . ... � --- ------- ---- - -- • -- - --- ------- - -- . . . .. ._ _. . ; --- -- ; ;. :-; -- - - - � � � �i�_�•��•_e Sec. 9-8�3 18-1. City Council meetings. �*� ��_�.� �:,.� � �.r�, � � ►.... �.�. �., � ►.� .,....... �-... � �. � � �.R=t: �..., �...�.._�. ��..� . .. . -- - - - : --: - --: : : - : : ------ ---- -- - -- -- -- - - --- -- - -- - ---- � --- - -- .... . .• .. ... . . .. .. - ..• . : : ----- -- - :-- --- -: : :, -- - - .-;- -- --- ; -- - --- -- - -- --- ---- -- -- - - -- -- - - - - - - -- - --- -- - - ----- . . . . . .. . . . -- - -- - - ----- -- - ------ --- --- -- - - - ---- -- -- -- . . . .. .. . . .. . . ... . .. . - - --- -- -- - - -- - -- -- - --- - --- - - - . • . .. . .. . . . . . : : ------ ---- -; ;. -- -;--- --- ==- - - -----: : : ------ - -- - --- :. -: -- :- :: :- --- -- - --; ---;-: -:; -:- --; --- ; ;--.:: - -:. .-------- ;- - - ; ; ------ -- -- - ;--- ::---: --: ::- -- ----- - -- - -- - - ::: -: : -- :. ::-- Sec.48=518-2. Franchises. *** SECTION 3: The foregoing amendment to the City Charter shall not take effect unless and until the proposed amendment is submitted to the vote of the electors of the City of Palm -3- Beach Gardens at a referendum election to be held on March 11, 2003. Upon approval by a majority of the electors voting in the referendum election, the amendment shall thereafter become and be made a part of the City Charter for the City of Palm Beach Gardens. SECTION 4: The title of the referendum ballot and explanatory statement setting forth the substance of the proposed amendment to the City Charter shall appear on the ballot and read as follows: CITY OF PALM BEACH GARDENS CHARTER AMENDMENT QUESTION SIX SHALL SECTIONS 18-1 ("MEETING AND PROCEDURE OF CITY COUNCIL") AND 18-4 ("POSTING OR PUBLICATION OF ORDINANCES") OF THE CITY CHARTER BE DELETED AS OBSOLETE AND INCONSISTENT WITH REQUIREMENTS OF FLORIDA STATUTES RELATING TO THE ADOPTION AND PUBLICATION OF ORDINANCES AND RESOLUTIONS AND THE REMAINING PROVISIONS OF CHAPTER XVIII BE RENUMBERED? YES NO SECTION 5: The City Clerk is hereby authorized and directed to advertise referendum election contemplated herein in accordance with the City Charter and the State of Florida Election Code. SECTION 6: All ordinances and resolutions or parts of ordinances and resolutions of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance, are hereby repealed to the extent of such conflict. SECTION 7: If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. SECTION 8: This Ordinance shall become effective upon approval of the referendum question by a majority of electors voting in the March 11, 2003 referendum election and the subsequent certification of the results of said referendum election. PASSED, FIRST READING PASSED, SECOND READING this day of 2002. this day of , 200_ PASSED, ADOPTED AND APPROVED this day of -4- 200 SIGNED: MAYOR JABLIN VICE MAYOR SABATELLO ATTEST: COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO I HEREBY CERTIFY that I have approved this ORDINANCE as to form. PATRICIA SNIDER, CITY CLERK LEONARD RUBIN CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO P:\CPWin\H ISTORY�021101 A\43F.16F(319.062)Igr-doc367 -5- CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: December 6, 2002 Meeting Date: December 19, 2002 Ordinance 37, 2002 Subiect/Agenda Item: Ordinance 37, 2002: Oakbrook Square Shopping Center PUD Amendment Public Hearin� (Continuedl / Second Reading: Mr. Bruce A. Arthur, of William Hamilton Arthur Architects, Inc., agent for poron Valero and Equity One Realty & Management, Inc., is requesting an amendment to a Planned Unit Development (PUD) for renovation of the 20.8-acre Oakbrook Square Shopping Center site, including the addition of a new 6,000 square-foot retail building alongside U.S. Highway One. The site is located at the northeast corner of PGA Boulevard and U.S. Highway One. [ X] Recommendation to APPROVE with conditions [ ] Recommendation to DENY Reviewed by: Originating Dept.: FINANCE: NA Council Action: Growth Management: [ ] Approved Principal Planner Talal Benothman, AICP Costs: $ ___ - — Project Total [] App. w/ conditions � Manager City Attorney .% Leonard Rubin, Jackie Ho lo an $ [] Denied Development � Planner Cunent FY Compliance [ ] Continued to: Bahareh Wolfs, A Funding Source: Submitted by: Attachments: Growth Mana nt Advertised: [] Operating � Tables 1& 2 Administrato Date: October 24, 2002 [X] Other NA • Ordinance 37, 2002 Charles K. Wu, AICP Paper: Palm Beach Post • Administrative Approval Budget Acct.#: • Ordinance 47, 1999 NA • Applicant's Letter Approved • DRC Comments City Man ger Affected parties: • Traffic Statement • Location Map Ronald M. Fe is [ X] Notified • Excerpt U.S. One [ ] Not Required Corridor Overlay Study • Reduced Plans, Renderings Date Prepared: December 6, 2002 Meeting Date: December 19, 2002 Ordinance 37, 2002 BACKGROUND Oakbrook Square is an existing 20.8-acre shopping center that received site plan approval in 1973. The shopping center has been renovated several times including the addition of a second floor to Jacobson's department store in 1987 and a 10,987 square-foot expansion to the Publix grocery store in 1999. In recent years, several other changes have been made to the center that included renovating the interior courtyard, refurbishing the fa�ade, constructing a porte cochere, landscaping and parking lot improvements, and new corner signage. Outdoor seating was approved previously at Roly's restaurant through Resolution 66, 1999. The site includes a free- standing bank at the northwest corner along U.S. Highway One. On October 14, 2002, an administrative approval was granted to allow the demolition of an entry %ature and a 10,008 square-foot retail building on the southwest corner of the courtyard, and to allow the construction of a 35-car parking pocket with landscaping between Duffy's and the existing courtyard retail shops to the north. CONCURRENCY The PUD was approved in 1973 prior to the inception of the concurrency requirement. Because the total square footage of the shopping center has been reduced 4,008 square feet by the approved demolition, the proposed site will generate fewer trips than the existing site. Should the applicant desire to increase the square footage of the shopping center in the future, a new application for traffic concurrency would have to be submitted and approved. Accordingly, staff requests the City Council to direct staff to remove the trips resulting from this reduction off of all affected roadway segments. LAND USE & ZONING The project is located within the PGA Boulevard Corridor Overlay District and the Northern Palm Beach County U.S. One Corridor. In conjunction with the Publix expansion, the shopping plaza was rezoned from CG-1 - General Commercial to a Planned Unit Development (PUD) Overlay with an underlying zoning of CG-1 - General Commercial through the adoption of Ordinance 47, 1999, with conditions and waivers. The site has a future land-use designation of Commercial (C). Please see attached Table 1 for details of the surrounding properties. PROJECT DETAILS BuildinQ Site Following the previously approved demolition of the existing 10,008 square-foot retail building 2 Date Prepared: December 6, 2002 Meeting Date: December 19, 2002 Ordinance 37,2002 on the southwest side of the existing courtyard north of Duffy's, the courtyard will be opened to a new 35-car parking pocket. A three-foot wall will be added between the outdoor cafe area and the sidewalk. Access to the site will continue to be from the two existing entrances off of U.S. Highway One on the west and PGA Boulevard (State Road 703) on the south. The gross floor area of the project is as follows: Existing Retail 230,497.0 s.f. Existing Bank Outparcel 3,531.0 s.f. Proposed Outparcel Building 6,000.0 s.f. Less Approved Demolition -10,008.0 s.f. Total Proposed Gross Floor Area 230,020.0 s.f. New Retail Buildin� The applicant is proposing a new 6,000 square-foot outparcel retail building facing U.S. Highway One that will feature drive-through and by-pass lanes on the north side of the building. Immediately to the north of the new retail center, a new brick-paved pedestrian path will extend from U.S. Highway One east across the existing parking lot to the existing retail building. There will be one row of 90-degree parking on the west side of the new building. A loading zone will be provided at the rear of the building, along with an enclosed screened dumpster area. The City's Comprehensive Plan encourages development along U.S. Highway One that conforms with the Northern Palm Beach County "Seven Cities Plan," which advocates, in part, positioning buildings closer to the street with fa�ades, doors, and windows facing the street. The applicant believes the proposed plan conforms with the intent of the "Seven Cities Plan" for U.S. Highway One in Northern Palm Beach County (copy of excerpt attached). Although the new retail center is not positioned directly on the street as suggested by the "Seven Cities Plan," staff believes the proposed building and additional landscaping will provide an aesthetically pleasing buffer within the parking lot. Architecture New storefronts are proposed for the existing west elevation and will feature entry doors, windows, and burgundy awnings above each door and window opening. The existing south elevation of the main retail area facing Duffy's will be modified according to the overall courtyard west elevation and will feature a new tower element with barrel tile roof on the west side in front of an existing optical shop. Duffy's north elevation will remain the same, except for the removal of a large awning. The applicant is proposing the addition of windows for the first floor of the northwest corner of the former Jacobson's building. 3 Date Prepared: December 6, 2002 Meeting Date: December 19, 2002 Ordinance 37,2002 The proposed 100' x 60' retail building will feature decorative towers at the north and south ends and will have an authentic barrel mission tile roof. The north elevation will feature a drive- through window for a financial-type business. The south elevation will feature three windows with built-up stucco fmish bands above the windows. The west elevation facing U.S. Highway One will feature the main entries to the five tenant bays and will have pre-cast columns to match the existing columns surrounding the courtyard of the main retail area. The east elevation facing the existing shopping center will have a matching centered tower, entrances for employees, and decorative light fixtures beside each doorway. Exterior Building Colors The fa�ade color scheme will be earth tones with the main walls to be sand finish stucco painted Sherwin-Williams Nantucket Dune SW 2006. Highlights, banding, and cornices will be coarse- finish stucco, colored Sherwin Williams Mustard Field SW 2341. Plinths will be sand-finish stucco colored Sherwin Williams Maison Blanche SW 2067. Burgundy awnings will be used for selected doors and window openings in the existing and proposed elevations. As a condition of approval, the color scheme proposed for the new retail center will be extended throughout the existing retail area, including the major anchor tenant building (formerly Jacobson's) on the north end. Si�age The applicant is seeking approval for the location of wall signage for the west elevation of the new retail center facing U.S. Highway One, as well as the west elevation of the existing fa�ade, in backlit red channel letters, as allowed by Section 78-285 of the Land Development Regulations. One sign per tenant space or bay is permitted. The applicant has submitted a tenant master signage program for the proposed and existing buildings, which will be processed as a separate petition that will require approval by City Council. Landscapin�/Bu, f'ering In order to reduce the non-conformities of the existing landscaping, the applicant is proposing to install new code compliant landscape islands throughout the parking lots with the exception of the existing Publix parking area and the rear (east side) of the shopping center. The applicant is also increasing the width of the west buffer for a distance of 285 linear feet along U.S. Highway One from the previously approved five-foot width to a width that ranges from 12 feet to 30 feet. The courtyard will be maintained as it exists, but will receive additional landscape enhancements. The six landscape planters alongside Duffy's north wall will remain. n � Date Prepared: December 6, 2002 Meeting Date: December 19, 2002 Ordinance 37,2002 Median Landscaping Landscaping within U.S. Highway One already exists on the north median, which is maintained by the property owner. As a condition of approval, the City Forester is requesting that the same landscape theme, irrigation system, and maintenance be provided within the south median. Art in Public Places The applicant may provide additional art on site in lieu of paying the required Art in Public Places fee. The art, if any, shall be approved and installed prior to issuance of Certificate of Occupancy. Drainage A conceptual paving, drainage and grading plan has been submitted by the engineer of record that indicates the site will_ drain away from U.S. Highway One. All new impervious area will be contained and treated on-site prior to discharge to the existing storm water management system. As a condition of approval, the City Engineer is requiring the applicant provide to the Florida Deparhnent of Transportation (FDOT) a 20-foot wide drainage and maintenance easement from the right-of-way of U.S. Highway One to the right-of-way of the canal to the east side of this project for the purposes of draining the U.S. Highway One right-of-way. The applicant shall coordinate with the FDOT for the final location of the easement. Parkin� Based on the uses within the shopping center, 1,057 parking spaces are required; and the applicant is proposing a total of 1,080 parking spaces. Because this is an existing older shopping center, 189 of the existing parking spaces have a width less than the 10' x 18.5' required by today's LDRs. The applicant is requesting that those non-conforming spaces be allowed to remain and is requesting that a waiver be granted to allow 132 additional spaces at 9.5' x 18.5'. This would result in a total of 321 non-conforming spaces and 759 conforming spaces, for a total of 1,080 proposed spaces. Previously Approved Waivers Several waivers were granted previously through the adoption of Ordinance 47, 1999, to allow a building height of 39' 10" for the Publix fa�ade peak; to allow 30 existing bicycle parking spaces to remain instead of the required 59; to allow Publix to have a second 36" sign facing PGA Boulevard; to allow 34 parking spaces to be a distance more than 40 feet from a tree; to allow the existing non-native vegetation to remain; to allow the existing five-foot buffers on the north, Date Prepared: December 6, 2002 Meeting Date: December 19, 2002 Ordinance 37,2002 south, and west sides, and the 10-foot existing buffer on the east, to remain; and to allow the existing carrotwood trees on the east property line to remain. The applicant is requesting all existing waivers, which were granted by Ordinance 47, 1999, remain in effect except for an amendment to the existing waiver that allows a five-foot buffer instead of the required 15-foot buffer on the west side along U.S. Highway One. The applicant is proposing to decrease the non-conformity of this buffer, which will range from 12 to 30 feet wide for a clistance of 285 linear feet. Please see Table 2 attached for project consistency with the code standards. Waivers The applicant is requesting a waiver from Section 78-344(1)(l.)(a), which states a standard parking stall shall be a minimum of 10' x 18.5', to allow 321 of the 1,080 parking spaces to be 9.5' x 18.5'. The applicant is also requesting a waiver from Section 78-427(b)(1) which requires plat approval prior to issuance of building perrriit. Furthermore, the applicant is requesting to amend a previously-granted waiver from Section 78- 319(a)(1), Minimum Landscape Buffer, that will reduce the non-conformity of the west five-foot landscape buffer along U.S. Highway One as described above. A 15-foot buffer is required, and the previous waiver granted a five-foot wide buffer. This waiver is being amended to allow 237 linear feet at a 12-foot width and 1;214.5 feet to remain at a five-foot width along U.S. Highway One. Forty-eight feet of frontage will meet or exceed the 15-foot required buffer. Code Section Required Existing Proposed Waiver Recommendation Section 10' x 18.5' 189 spaces 321 additional Staff Supports (1) 78-344(1)(1)(a), vary from spaces at .5' to 1' Minimum Parking 9.0' x 18.5' 9.5' x 18.5' Stall Dimensions to 9.5' x 18.5' Section 78- West buffer: 5' depth 237' at 12' 3' to 10' Staff Supports (2) 319(a)(1), Buffer 15' width; and (waiver Minimum 1,214.5' at 5' amendment) Depth width Section 78- Prior to None Prior to To allow Staff Supports (3) 427(b)(1), Plat issuance of issuance of prior to Approval Required Building Certificate of issuance of Permit Occupancy C.O. (C.O. 0 Date Prepared: December 6, 2002 Meeting Date: December 19, 2002 Ordinance 37, 2002 (1) Staff supports the waiver request because the reduction is in compliance with Figure 16, Table 32, Minimum Parking Bay dimensions for Nonresidential Uses of the LDRs, and the required 25-foot drive-aisle width has been provided. This type of waiver has been granted by City Council in the past. (2) Staff supports amending this previously-approved waiver request because the non- conformity will be lessened. Increasing the width of the buffer beyond the proposed width for the entire length of the frontage would eliminate necessary parking. (3) Staff and the City Engineer support allowing the applicant this additional time in which to prepare and process a plat for this development, since this has been allowed in the past when extenuating circumstances delayed the process. OUTSTANDING ISSUES City Engineer Comments The attached letter dated October 10, 2002, from LBFH, Inc., noted several outstanding issues relative to parking space width, paving section detail, parking lot modifications, and the amount of exfiltration trench provided. The applicant responded in a letter dated October 11, 2002, that all these items have been addressed either by them or their engineer. Any remaining outstanding issues, if any, shall be resolved to the satisfaction of the City Engineer prior to issuance of the building permit. SUMMARY OF PLANNING AND ZONING COMMISSION COMMENTS At the public hearing held on August 27, 2002, the Planning and Zoning Commission voted 7-0 to recommend approval of Petition PUD-02-03 with one waiver and 16 conditions of approval. CITY COUNCIL ACTION October 3. 2002 At the City Council meeting of October 3, 2002, it was the consensus of the Council that the Growth Management Administrator may grant an administrative approval for the demolition of the 10,008 square foot building and construction of a 35-car parking pocket on the southwest corner of the courtyard, since this part of the project fell under the threshold of a major amendment. (The administrative approval with 14 conditions was granted on October 14, 2002.) 7 Date Prepared: December 6, 2002 Meeting Date: December 19, 2002 Ordinance 37,2002 It was the consensus of City Council to schedule this petition as an item of discussion for the October 17, 2002, meeting in order for the petitioner to update the Council on the changes being made to the elevations of the proposed outparcel building. Furthermore, the Council voted 3-1 to approve Ordinance 37, 2002, on first reading as presented by staff and to schedule the second reading and public hearing for November 7, 2002. October 17. 2002 At the meeting of October 17, 2002, the applicant presented Council with a rendering of proposed changes to the rear of the outparcel building. However, Council was still dissatisfied with the appearance of the building and suggested, among other things, a covered walkway surrounding the building and a canopy above the drive-through on the north side of the building. Additional landscape treatments were also suggested for the north side of the building. November 7. 2002 At the public hearing and second reading on November 7, 2002, with four council members present, Council voted to continue the public hearing until December 5, 2002. It was the consensus that the applicant needed to develop a better plan for renovations to the shopping center and relocate the proposed out building closer to the existing center. The applicant has made no changes to the site plan. DecembeY S. 2002 At the request of the applicant's attorney, Alfred J. Malefatto, the public hearing was continued to the City Council meeting of December 19, 2002. STAFF RECOMMENDATION Staff recommends approval of Ordinance 37, 2002, with two waivers, an amendment to a previously approved waiver, and with conditions of approval. Should the City Council approve this petition, staff will initiate the removal of the trips from all affected roadway segments resulting from the reduction in total square footage of the PUD. ,� Date Prepared: December 6, 2002 Meeting Date: December 19, 2002 Ordinance 37, 2002 TABL� 1 EXTSTIlYG ZONING ANI> LAND US� DESIGNATIUNS EXISTING USE ZONING LAND USE Subject Propertv Commercial (CG-1)/ Commercial (C) Shopping Center Planned Unit Development (PUD) Overlay North Office Complex Professional Office (PO)/ Professional (PO) Planned Unit Development (PUD) Overlay South PGA Boulevard Commercial Retail Commercial (CG-PBG) Commercial (C-PBG) Residential (12 Oaks Condos) Residential High (RH-PBC) Residential Hi h(RH-PBC) West U.S. Highway One Commercial Commercial (CG-PBC) Commercial (C-PBC) East Residential (Hidden Key Residential Single Family Residential Single Family (RS-PBC) (RS-PBC) Residential (Hidden Key Condos) Residential High (RH-PBG) Residential High (RH-PBG) Date Prepared: December 6, 2002 Meeting Date: December 19, 2002 Ordinance 37, 2002 , TABI:�� 2 CONSTSTENCY WITH THE CQDE Code Requirement Proposed Plan Compliance? General Commercial General Commercial CG-1/PUD Overlay CG-1/PUD Overlay Yes O en S ace - 15% minimum 16% Yes Minimum Building Site 20.8 acres 1 Acre Yes Maximum Building Lot Coverage — 35% 26% Yes Maximum Height Limit — 36 feet 30 feet Yes Setbacks: Front (PGA Blvd.) — 50 ft. Front (PGA Blvd.) — 190' 11" Side (Hidden Oak) — 15 ft. Side (Hidden Oak) — 55' Yes Side Facing St. (U.S. 1) — 40 ft. Side Facing St. (U.S. 1) — 55' Rear (Golden Bear) — 15 ft. Rear (Golden Bear) — 307' Parking: Number Required — 1,057 1,080 spaces Yes Bicycle Parking: 5% of required parking (1057) = 53 Existing spaces — 30 Waiver granted 12/99 to allow 30 spaces existing spaces to remain Ground Signs: Number Allowed — 3 3 existing — Oakbrook Yes (1 for 300' of ROW frontage, + 1 1 existing - Bank Granted Variances 11/5/92 & per additiona1700 feet ROW 1/11/84 frontage) Wall Signs: 1 per tenant space or bay. New Retail Center 1 per tenant Yes Must face ROW or primary entrance Existing Center — 1 per tenant Yes Publix — 2 existing Publix granted waiver 12/99 10 Date Prepared: December 6, 2002 Meeting Date: December 19, 2002 Ordinance 37, 2002 Code Requirement Proposed Plan Compliance? Landscaping: Eaisting Buffers: Waivers. granted for all existing Buffers: North = 5' buffers in 12/99 (Ord. 47, 1999) North (PO) = 8' South = 5' South (PGA Blvd.) = 15' East = 10' East (Residenrial) = 15' West U.S. 1= 15' West: Decreasing non-confornuty � � West Existing: 5' width West Proposed: 237' at 12' width; for 285' linear feet along 48.0' to exceed l5' width; U.S. Hwy. One 1,214.50' to remain at 5' width. Landscape Islands: Every 9 spaces Every 9 spaces except Publix Yes, except far Publix parking parking area area. Waiver granted in 12/99 allowed 34 existing parking spaces that were more than 40 feet from a tree to remain as they were. G/Jackie/PUD-02-03 stf.CC 12 19 02 contd ph.doc Attachments 11 Date Prepared: December 17, 2002 CITY OF PALM BEACH GARDENS, FLORIDA ORDINANCE 37, 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF AN AMENDMENT TO THE OAKBROOK SQUARE SHOPPING CENTER PLANNED UNIT DEVELOPMENT (PUD) BY ADDING A NEW 6,000 SQUARE- FOOT RETAIL BUILDING ALONGSIDE U.S. HIGHWAY ONE AND RENOVATING THE EXISTING BUILDINGS, LOCATED AT THE NORTHEAST CORNER OF PGA BOULEVARD AND HIGHWAY U.S. ONE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application (PUD-02-03) from Doron Valero and Equity One Realty & Management, Inc., for approval of an amendment to a previously- approved Planned Unit Development (PUD) (Ordinance 47, 1999), known as Oakbrook Square Shopping Center, to allow the renovation of the site and the addition of a new 6,000 square-foot retail building alongside U.S. Highway One, located at the northeast corner of PGA Boulevard and Highway U.S. One, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the Growth Management Department has reviewed said application and deternuned that it is sufficient; and WHEREAS, the Growth Management Deparhnent has reviewed said application and determined that it is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the Planned Unit Development (PUD) Overlay has an underlying zoning of CG-1- General Commercial and a land use designation of Commercial (C); and WHEREAS, on August 27, 2002, the City's Planning and Zoning Commission reviewed said application and recommended its approval, including requested waivers, subject to conditions of approval; and WHEREAS, the City Council has determined the adoption of this Ordinance to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. Date Prepared: December 17, 2002 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2: The City Council hereby approves the application of Doron Valero and Equity One Realty & Management, Inc., for an amendment to Oakbrook Square Shopping Center Planned Unit Development, located at the northeast corner of PGA Boulevard and Highway U.S. One. SECTION 3: Said amendment to the Planned Unit Development is approved subject to the following conditions, which shall be the responsibility of the applicant, its successors or assigns: 1. If the applicant proposes to provide art on site in lieu of paying the required fee, the art shall be approved and installed prior to issuance of Certificate of Occupancy. (Art Advisory Committee Liaison) 2. No drive-through facilities shall be allowed at the new out parcel building except as an accessory use to a bank or other iinancial establishment. (Development Compliance Officer) 3. Root barriers shall be installed where Oak trees are planted along the west property line at U.S. Highway One. (City Forester) 4. Within six months of demolition permit issuance, the south median in U.S. Highway One opposite the shopping center shall be landscaped, irrigated, and maintained by the property owner in a manner consistent with the median immediately to the north, to the satisfaction of the City Forester. (City Forester) 5. Prior to the issuance of the first Certificate of Occupancy, all existing buildings shall be painted to match the approved colors for the new retail building, and all awnings shall be solid burgundy color in accordance with the approved building color scheme. (Development Compliance) 6. Required digital files of approved plat and approved civil engineering and architectural drawings shall be submitted to the Planning and Zoning Division prior to issuance of the first Building Permit. (GIS Manager and Development Compliance) 7. Prior to issuance of the first Certificate of Occupancy, roof-top screening compatible with the existing and proposed architecture and color scheme shall be required on the new out parcel building and the remaining retail building on the west side of the courtyard. The screening shall be sized to the same height as the mechanical equipment on the roof. (Development Compliance) 2 Date Prepared: December 17, 2002 8. All new roof tiles, including the retail outparcel, shall either match or be compatible with that of the existing roof tile at Publix or Jacobson's, as determined by Growth Management staff. (Development Compliance) 9. Prior to issuance of the first Certificate of Occupancy, the brick-paver pedestrian path, located at the north of the new retail center, shall be continued from the U.S. Highway one sidewalk to the south end of the existing west retail building. (Development Compliance) 10. Prior to issuance of certificate of occupancy, the plat for the site shall be approved by City Council. (City Engineer) 11. Within 45 days of approval of this ordinance, the applicant shall provide to the Florida Department of Transportation (FDOT) a 20-foot wide drainage and maintenance easement from the right-of-way of U.S. Highway One to the right-of-way of the canal to the east side of this project for the purposes of draining the U.S. Highway One right-of-way. The applicant shall coordinate with the FDOT for the final location of the easement. (City Engineer) SECTION 4: The following waivers are hereby granted with this approval: A waiver from Section 78-344(1)(1.)(a), Parking Stall and Bay Dimensions of the Land Development Regulations, which requires parking stalls to be 10' x 18.5', to allow for 321 parking stalls to be 9.5' x 18.5'. 2. A waiver from Section 78-427(b)(1), which requires plat approval prior to issuance of Building Permit, to allow plat approval prior to issuance of Certificate of Occupancy. SECTION 5: The City Council hereby amends Ordinance 47, 1999, Section 3.F., to increase the width of the previously approved west buffer alongside U.S. Highway One from five feet to 12 feet wide for a distance of 237 linear feet, and to allow 1,214.50 feet to remain at a five-foot width, pursuant to Section 78-319(a)(1), Minimum Landscape Buffer, which requires a 15-foot buffer. All other provisions of Ordinance 47, 1999, shall remain in full force and effect to the extent not modified herein. SECTION 6: Renovation of the Oakbrook Square Shopping Center planned unit development shall be in compliance with the following plans on file with the City's Growth Management Department: 1. Cover Sheet CVS, Proposed Site Plan SP-1, Blown-Up Site Plan SP-2, Site Parking Details SP-3, Lighting Site Plan & Photometrics SP-E, Proposed Floor Plan A-1, Proposed Roof Plan A-2, Proposed Exterior Elevations A-3, Existing Retail Building West Elevation and Proposed West and South Elevations A-1, Existing Courtyard/Retail Building Elevations A-2 dated December 16, 2002, by William Hamilton Arthur Architect, Inc. Kj Date Prepared: December 17, 2002 2. Landscape Plans LA-land LA-2 dated December 16, 2002, by Dixie Landscape. 3. Overall Shopping Center Construction Plans and Specifications Sheets C1-C7 dated October 7, 2002, by Creech Engineers, Inc. 4. Land Title Survey for Equity One, Inc., Sheets 1 and 2, dated January 31, 2002, by Wallace Surveying Corporation. 5. Color and materials sample board dated September 19, 2002, by William Hamilton Arthur Architect, Inc. SECTION 7: If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. SECTION 8: This approval expressly incorporates and is contingent upon representations made by the applicant's agents at all workshops and public hearings pertaining to this project. SEGTION 9: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 10: This ordinance shall become effective upon the day of adoption. PASSED, FIRST READING PASSED, SECOND READING this 3rd day of this day of October , 2002. . 2002. PASSED, ADOPTED AND APPROVED this day of , 2002. 4 SIGNED: MAYOR JABLIN VICE MAYOR SABATELLO ATTEST: PATRICIA SNIDER, CITY CLERK VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO G/jholloman/oakbrook sq/PUD-02-03 Ord 37 2nd rdg.doc Date Prepazed: December 17, 2002 COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO I HEREBY CERTIFY that I have approved this ORDINANCE as to form. LEONARD RUBIN, CITY ATTORNEY AYE NAY ABSENT $ EXHIBIT "A" PROPERTY ADDRESS: 11566 and 11710 U.S. Hiqhway Ona North Polm Beach. FL 33408 LEGAL DESCRIPTION: PARCEL 1 Commencinq at the Southwest comer of the Northwest Quorter of Section 4, Township 42 South. Renge 4.:; East; thence bear North 89 deyrees.57 minutes, 20 seconds Eost. olong the South line of said Northwest Quarter of Section 4, a distance of 1.101.47 feet to the intersection thereof with the Faster right—of—woy fine of Stote Rood No. 5(U.S. Mghwoy No. 1� thence, No►th 12 deg�ees, 00 minutas. 47 seconds Eost, alon� scid Eosterly right—of—woy line of Stote Road 11�0. 5, o d�stance of 50.50 feet to the intersection thenof with the Northerty right—of—way line of Stvte Rood No. 703 ond the POIM' OF BEG/NN/NG; thence continue North 12 degrees, 00 minutes, 47 seconda East, olong soid Easterly right—of—woy of Sfote Roqd No. 5, o�stance of 736.56 feet; thence South 78 degr+ees, 00 minufes. 51 seconds East a distance of 590.67 feet to the intersection thereof with 0 line parvllel with ond 590.67 feet Easter(y from, os meosured at right ongies to, the said Eastery right—of—way of State Road No. 5; thence South 12 degrees, 00 minutes, 47 seconds West. olong svid porallel line, o distance of 6 f 3.19 feet to the . intersection thereof with soid Northe�fy right—of-way line of State Rood No. 703; thence North 89`!',degrees, 48 minutes. 38 seconds Wesf. afong said Northerly right—of—way line of State Road No. 703, o distance of 603.47' feet to the POINT OF BEGINNING. PARCEL 2 Commencing at the West Quorter corner of Section 4, Township 42 South, Ronqe 43 East. Polm Beach County. Florrda; run thence along the East ond West Qucrter Sectlon Line of said Section 4, IVorth 89 degreea 57 minutes. 20 seconds East 1.101.47 feet, more or less, to the Easterly line of a pubiic right—of—wvy, known as State Road No. 5 and/or U.S H;g hway No. 1; thence along said Easterly right—of—woy line North i2 degrees, 00 minutes. 47 seconds East 787.06 fee! to the POlM OF BEGINNING; continue thence North f 2 degrees, 00 rriinutes. 47 seconds Evst 762.94 feet; thence olong a rne poraNe! with the East and Wesi Quorter Seciion Line of soid Section 4 North 89 degrees, 57 minutes, 20 seconds Eost 603.99 feet to the Westerly boundary line of Hidden Key North; thence alony said boundvry line South 12 degrees. 00 minutes, 47 seconds West 888.83 feet; thence North 78 00' 51 ' West 590.67 feet to the POINT OF BEGINNING. Together with o non—exclusive easement for droinoqe purposes over. ocross and under the following desGribed porcels: December 1,1999 November 18,1999 ORDINANCE 47, 1999 AN ORDINANCE OF THE CITY COUNCII.OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF THE APPLICATION OF OAKBROOK SQUARE SHOPPING CENTER CORPORAT O'�( OF R�' REZO1vING OF A 20.35-ACRE SITE FROM CGl, GENERAL COMIVVI�RCIAL, TO PUD, PLANNED iJNIT DEVELOPMENT, AND APPROVAL OF THE RENOVATION AND 10,987 SQUARE- FOOT EXPANSION OF A PUBLIX GROCERY STORE AT THE OAKBROOK SQUARE SHOPPING CENTER; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from the Oakbrook Square Shopping Center Corporation for rezoning of 20.35 acres of land located at the northeast corner of PGA Boulevard and U.S. Highway One, as more particularly described in Exhibit "A" attached hereto, to PUD, Planned Unit Development; and WHEREAS, this project received orig-inal Site Plan approval on December 7, 1973, by the Site Plan Review Committee under existing CG-1 zoning; and WHEREAS, the 20.35 acres of land involved aze presently zoned as CG-1, General Commercial, with a land use designation of Commercial; and WHEREAS, the City's Growth Management Deparnnent has recommended approval of the renovation and 10,987 square-foot expansion of a Publix Grocery Store at the Oakbrook Square Shopping Center and rezoning of the entire site from CG-1 to PUD; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent wi.th the City's Comprehensive Plan and Land Development Regulations; and Wf-�REAS, the City's Planning and Zoning Commission has recommended approval of this petition subject to several conditions. NOW, THEREFORE, BE IT ORDAINBD, BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FL4RIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves the applicatiot� bf Oakbrook Square Shopping Center Cor,poration for rezoning of 20.35 Ordinance 47, 1999 Publix at Oakbrook Square acres located on the northeast corner of PGA Boulevard and Highway U.S. One, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference; from CG-1 General Commercial to Planned Uni.t Development, and for the approval of the renovation and 10,987-square foot expansion of a Publix grocery store at the Oakbrook Square shopping center. SECTION 2. Said Planned Unit Development is approved subject to the following conditions which shall be the responsibility of the applicant, its successors and/or assigns: All approved landscaping shall be installed prior to final building inspection approval. 2. The petitioner shall install additional landscaping in the U.S. 1 median, subject to the approval of the City Forester. 3. The applicant, or its successors and/or assigns shall maintain all landscape improvements located in the right-of-way adjacent to the property along PGA Boulevard and U.S. Highway One, per the approved landscape plans. 4. Americans With Disabilities Act (ADA) and Florida Accessibiliiy Code for Building Construction of 1997 access shall be provided along the PGA Boulevard entrance driveway as shown on the site plan, prior to final building inspection. SECTION 3. The following waivers are hereby granted with this approval: A. Waiver from LDR Section 118-206(� Building Height Limit. "No stcucture shall exceed 36 feet in height", to allow a building height of 39' 10" at Publix's peak. B. Waiver from LDR Section 118-539 Number of Bicycle Parking Spaces Required. "A shopping center shall provide bicycle parlcing spaces equal to 5% of its required vehicular parking", to allow the 30 existing spaces to remain instead of increasing the number of spaces to 59. C. Waiver &om Section 110-37(c) Flatfwall signs, which states, in patt, the letter height of a second sign on another elevation shall not exceed 24", to allow the letter height of the second sign (facing PGA Boulevazd) to be 36" in height instead of 24". D. Waiver from Section 98-68(a) Parking areas, of the Landscape and Vegetation Protection Code, which states that every parking space shall be within 40 feet of a tree, to allow the existing 34 spaces which are more than 40 feet from a tree to remain as they are and not be required to plant additional trees. � Ordinance 47,1999 Publix at Oakbrook Square E. Waiver &om Section 98-72(c) Planting, which states that 90 percent of the landscape materials in areas that are designated to be in the Coastal Zone will be native species, to allow the existing non-native vegetation to remain. F. Waiver from Section 98-72(a) Ptanting, which states a landscaped buffer shall be a minimum of eight feet in depth around the perimeter of a pazcel; provided, however, that a landscaped buffer of 15 feet in depth shall be required on lands located adjacent to public street right-of-way, to allow the existing 5' buffers on the north, south, and west sides, and the 10' existin�b�f.fer on the east to remain. G. Waiver &om Section 98-71(a) Prohibited plants; removal of invasive nonnative p[ants, which states, in part, that carrotwood (cupaniopsis anacazdioides) trees shall be removed &om all open space in their entirety from the entire site, to allow the existing carrotwood trees on the east property line to remain. SECTION 4. The renovation and expansion to the Publix grocery store within the Planned Unit Development shall be in compliance with the following plans on file with the City's Growth Management Department: ✓ 1. � 2. �3. ,/4. �5. ✓C • ./7. . �. ✓9 ✓ 10. November 23 , 1999 Oakbrook Square Site Plan, Urban Design Studio, 1 sheet. November 23, 1999 Publix Expansion Site Plan SP-1, 1 sheet. November 23, 1999 Existing and Proposed Landscaping Plan, Urban Design Studio, Sheet LS-1. August 31, 1999 Landscape Detail Sheet, Urban Design Studio, Sheet LS-2. February 15, 1999 U.S. Hwy #1 Enhy Demo/Preservation Plan, UDS Sheet E-2. October 21, 1999 U.S. Hwy #1 Entry Landscape/Lighting Plan, UD5 Sheet E-3. February 15, 1999 U.S. Hwy #1 Entry Plant Detail Sheet, UDS Sheet E-4. February 15, 1999 U.S. Hwy #1 Entry Grading and Elec. Box, UDS Sheet E-5. November 24, 1999 U.S. Hwy #1 Median Landscape Plan, UDS, 1 sheet. October 22, 1999 Roof Plan, CentreCorp, 1 sheet. K� Ordinance 47, 1999 Publix at Oakbrook Square ,�11. 12. 13. 14, October 22, 1999 Elevations Plan, S.Coler Lee & Associates, 1 sheet. October 25, 1999 Architectural Details, Urban Design Studio, Sheet A-l. October 03, 1999 Proposed Fa�ade Character, Urban Design Studio Sheet A-2. September 1, 1999 Architectural FloodLyte Vertical Flood Cut Sheet, WA3-VF, WB3-VF with shroud, 2 sheets. SECTION 4. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS 18th DAY OF NOVEMBER , 1999. PLACED ON SECOND READING THIS 16th DAY OF DECEMBER , 1999. PASSED AND ADOPTED THIS �� � DAY OF , 1999 VICE MAYOR LAUREN FURTADO ATTEST: LINDA V. SIER, CMC, CITY CLERK BY� /' 6����� COUNCILMAN DAVID CLARK APPROVED AS TO LEGAL FORM AND SLJFFICIENCY: CITY ATTORNEY 4 Ordinance 47, 1999 Pubtix at Oakbrook Square VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCII,MAN CLARK AYE NAY ABSENT !/, � � � �� b1 � September 19, 2002 To: Sean C. Donahue, P.E. wiliiam Cc: Jackie Holloman hamilton � rth u r File No. 02-4247 architect inc, �; Oakbrook Square-PUD Amendment We have reviewed the comments for Oakbrook Square and our response is as follows: 1-5. Previously satisfied. 6. We have requested a waiver in order to comply with these requirements. 7. Previously satisfied. 8. Previously satisfied. 9. Previously satisfied. 10. Previously satisfied. 1 l. Previously satisfied. 12. Previously satisfied. 13. Previously satisfied. 14. Previously satisfied. 15. Previously satisfied. 16. Previously satisfied. 17. See revision # 1 on sheet E-SP for revised photometrics. 18. Previously satisfied. 19. See revision #1 on sheet SP-2 for revised sidewalk and dimensions. 20. Previously satisfied. 800 douglas entrance 21. Previously satisfied. suite 303 coral gables florida 3313� 305 443-3100 fax 305 441-7960 22. Previously satisfied. 23. See revision #1 on sheet SP-3 for revised brick paver cross section. 24. 25. 26. All construction plans and nanative responses are being revised and will be delivered to you by CREECH Engineers. 27. See revision #1 on sheet SP-1, SP-2, LA-1 and LA-2. WC OONSULTING QVIL ENGINEERS, SURVEYORS &MAI'PERS QVIL AGRICULTUR AT . WATER RESOURCES WATER & WASTEWATER TRANSPORTATTON SURVEY & MAI'PING GIS "Partners For Resulu Value ByDesign" 3550 S.W. Corporate Pkwy. Palm C1ty, FL 34990 (561) 286-3883 F� (561) 286-3925 www.lbfh.com MEMORAND UM TO: Jackie Holloman FROM: Sean C. Donahue, P.E. DATE: September 12, 2002 FILE NO. 02-4247 SUBJECT: Oakbrook Square - PUD Amendment We have reviewed the following plans and information received on August 5, 2002: • Revised Site Plans and Details prepared by William Hamilton Arthur Architect, Inc. • Architectural Plans prepared by William Hamilton Arthur Architect, Inc. • Lighting Site Plan and Photometrics prepared by Octavio J. Oliu, P.E. • Landscape Plans prepared by Dixie Landscaping. • Overall Shopping Center Paving, Drainage and Grading and Demolition Plans prepared by Creech Engineers, Inc. Received August September 4, 2002: • Revised Site Plans and Details prepared by William Hamilton Arthur Architect, Inc. • Architectural Plans prepared by William Hamilton Arthur Architect, Inc. • Lighting Site Plan and Photometrics prepared by Octavio J. Oliu, P.E. • Landscape Plans prepared by Dixie Landscaping. We have the following comments: • Please note that the Florida Department of Transportation (FDOT) is currently investigating the drainage of the US 1 right-of-way adjacent to this project. Specifically, the FDOT is concerned that the projects adjacent to the right-of- way are adversely impacting the US 1 drainage system by not containing their runoff on their project. The applicant should be prepared to respond to the FDOT should this issue be formally raised regarding this project. • Comments #1 through #5 - Previously Satis�ed. 6. Not Satisfied. The applicant is proposing parking spaces that are 9.5 feet wide and 10 feet wide (a detail for the 9.5 feet wide spaces has also been provided). The applicant will need to request a waiver from LDR Section 78-344(1)(1)(a), which requires all parking spaces to be a minimum 10' x 18.5'. Please note that we will remain in support of the City's LDR requirements. 7. Previously Satisfied. ��� Oakbrook Square - PUD Amendment Page 2 of 3 LBFH File No. 02-4247 L �N�. 8. Satisfied. The applicant provided a loading zone and maneuvering area for the proposed 6,000 SF retail building. • Comments #9 through #16 - Previously Satis�ed. 17. Not Satisfied. The applicant submitted a signed and sealed Photometric Plan meeting the LDR Section 78-182 requirements. However, no photometric data is shown for the 90-degree parking lot to the north of the new out parcel building (the new lightpole is shown). 18. Satisfied. The Site Plan provides minimum 20-foot curb radii within the parking lot to accommodate Fire Department emergency vehicles. 19. Not Satistied. The sidewalk located at the southeast corner of the new out parcel needs to have a minimum 5-foot width, per LDR Section 78-SQ6. 20. Satisfied. The applicant provided wheelstops for all proposed parking spaces. 21. Satisfied. The stop sign/bar at the entrance to the drive-thru/by-pass have been removed. 22. Satisfied. The Type "D" Curb Detail specifies the FDOT approved 18-inch depth. 23. Not Satisfied. The applicant provided a typical cross-section of the paver brick areas specifying LDR Section 78-499. However, the cross-section shown does not meet the minimum structural number value of 1.5, as is required by the referenced section (6" base — SN = 1.08, 8" base — SN = 1.44, there is no credit towards the subgrade until a minimum FBV value of 50 psi is provided). • Please note that the Construction Plans have been reviewed on a preliminary basis only. A thorough review of these plans will be conducted during the Construction Plan review phase. Also, please remove the Construction Plans from the Development Order exhibit list of submittals. 24. The Paving Section shown on the Site Plans and the Asphalt Paving Detail shown on the Preliminary Construction Plan are not consistent with one another. 25. The modifications north and west of the "Anchor Tenant" building shown on the Site Plan are not shown on the Preliminary Construction Plans. In addition, the Demolition Plans are not consistent. 26. The applicant needs to provide a narrative response identifying if an existing control structure will be sufficient for the exfiltration trench design, or if modifications to the existing control structure or a new control structure is proposed. , .�� Oakbrook Square - PUD Amendment Page 3 of 3 LBFH File No. 02-4247 INC. I 27. The revised Site Plan received September 4, 2002 shows landscaping islands added to the north side of the new out-parcel building which alter overall parking stall length and width. The applicant needs to revise the spaces in accordance with LDR Section 78-344. Also, the applicant needs to specify the type of landscaping included in these islands. The applicant is requested to return a copy of our comments with the applicant's acknowledgement of each comment and the response. Compliance will expedite the subsequent review. SCD/ms cc: Talal Benothman P:�PB GM EMO\4247\4247f.doc Revised 08-13-02 7-23-02 william Jackie Holloman hamilton City of Palm Beach Gardens arthur 10500 N. Military Trail architect palm Beach Gardens, Florida 33410 ine. RE: Oakbrook Square Pud Amendment (revised) Dear Jackie: We sent you a letter dated 7-02-02 in response to the Planning and Zoning Commissioners comments from the May 28, 2002 meeting. As you are aware, things have changed since then and we are resubmitting our application as follows: 8QQ douglas entrance suite 303 coral gables florida 3313 � 305Q43-3100 fax 305 4�1-7�60 • We are proposing to maintain the existing 17,394.00 s.f. courtyard edge retail building (to the south of the anchor tenant) vs. demolishing it. We are adding some new storefront to the west elevation and will be modifying the south elevation accordingly. In addition, we are proposing (16) new head-in spaces along the west elevation. � The 10,009.00 s.f. courtyard edge retail building will be demolished as per our original submittal and a new (35) car parking pocket will be crea.ted. • The courtyard will be maintained as it exists today with the exception of some additional landscape enhancements. • The Duffy's north elevation will remain with the exception of the removal of the large awning. It will not be necessary to add any foundation landscaping; there are six nicely landscaped planters up against the building. We are adding a 3.00' wall continuous with the outdoor cafe area. • The Anchor tenant building will remain unchanged as a part of this application. • The proposed streets edge "Out Parcel" building has been reduced from 12,000.00 s.f to 6000.00 s.f. This is an "architectural" building that will include (1) drive thru lane with the required by-pass lane, tenants has not been determined. • Site Plan: as per the plans, we have indicated new code compliant landscape islands for every nine cars with the exception of the Publix parking field and shopping center rear. Publix has language in their lease that would prevent us from modifying this area. The rear of the center is out of the publics view and the additional landscape would nat have a sufficient impact on the over project other than its budget. All parking spaces with the exceptio �� handfut at the eacisting First Union building are code compliant r tab1��2 of the LDR. A �.7� �, � � � AUG 14 2002 �! � NINpI�� 8: ^ �i;F�lt�*;;� Despite all the changes, we feel this revised application is a substantial improvement over our previous submittal. Reduced overall square footage increased landscaping, elimination of visual barriers and a refreshing of the existing Anchor building is a major improvement over what exists their today. Lf you have any comments or need any additional information, please let me know as soon as possible, as you are aware, this project is in a state of progress. ��'�`�"r- �_ Jul �8 02 D4:48p Bru R. Arthur I william hamilton arthur architect inc. 3054 '960 L : �-oz-o2 Jackie Holloman City of Palm Beach Gardens 1Q500 N. Military Trail Palm Beach Gardens, Florida 33410 RE: Oakbrook Square Pud Amendment Dear Jackie: Please let this letter serve as our wr�'tten response to the PCanning and Zoning Commissioners comments at the May 28, 2002 meeting. We hereby submit the following: • More landscaping is needed along U.S. #1 and the foundations of buildings: As indicated on the revrsed L,andscape Plan, we added additional landscapang along US # 1 and at the foundation of the building. Parking between new retail building and US # 1 was questioned. This allows for adequate mc�vement artd circu/ation in front of the main entry to the new retail shops. Not :Ihe ideal parla�ng scenario, however, wrth che one way tra�c and bric'k puved su�face, it has an aesthetic quality and is architecturally compatible �vith a Main Street format. In our new presentation, we have pictures of a similar application as designed by the same town planners that pr�pared the Seven CiNes: Northern Palm Beach Couniy US 1 Corridor Study. With the Building closer to the Streets edge, it allows for a larger parking field and visual separation between the new and existing buildings. • Additional signage hanging in front of each bay is not allowed. 77re new submittal indreates the removal of Ihe under canopy sigrrs. • Peaks / Gables over some t�nant bays in the proposed retail center needed to be bulked up/reinforced. See revisecC elevations. • Courtyard is a very pleasin� space as it now exists. Yes rt is, we are maintainit�'g all ihe landscaping, cmd there are not scheduled changes in this area. • Proposed retail building should be moved to the east closer to the main center and north in order to center it in front of the main shopping center. 800 douglas entrance suite 303 coral gabies florida 33134 305 443-3100 fax 305 �1�41-7960 p.2 � � T t3 �� Jul 08 02 04:48p Br� R. Rrthur 3054 7960 P,3 Oakbrook Continued ... ... ... ... ... ... 2 We recognize while on plan, the new retai/ building centered on �he rear briildings should be symmelrical, but in reality when looking a� ihe buildings as you move in your vehicle,: the visua! concepi of the butldrngs would mvve too and the symmetries would become academic. The prrmary parking area for !he Anchor tenanl would be reduced compromrsing parking access �o their faciliry. And by moving the building to the east lhi.c will eliminate the circulation and parking in front of the buildirrg and compromise rts success.. • Proposed Retail Building cauld have token entrances in the rear, but have parking in front. There is no change in our design to eliminnte the rear access to each space or to eliminate the frvnt parkirrg. The best exposure for the building is to place il as close to the streeis edge while rnaintaining maitt access af !he froni. • Driveway in front of pcoposed retail building should be two way. This would reduce parking ,spaces, reduce the '?I�lain Stree� " feel, and create a greater visual obstruction. to 1he existing retail building. • A parapet wall or screening. should be constructed on top of the proposed retail building to ensure screening of the rooftop equipment. Roof top z�ni[s are adequately screened; ihere is a min. of a 4'-6 " change of elevation between the roof a�eck and lop of parapets and or pitched roofs. • Architecture of the proposed retail building could be improved by featuring four sided architecture with perhaps a 30-degree pitched roof and a mix of asymmetrical massing with. vertical variation. See revised design. � The south tower of the proposed retai! center should be balanced with the north end of the building. See revised design. • The proposed retail center should be a"jewel" in front of the center. Absolutely! • Colors and architecture should be matched to the existing center, with the Roly's being the preferred :architecture. Colors have been selected �o match the exisling ceieter; the proposed rerai! buildi»g has been redesrgried to promote relatio�ship to all the existing buildirtgs. Jul 08 02 0g:48p Bru R. Rrthur 3054 '960 p.4 Oakbrvok Continued ... ... ... ... ... ....3 • Peaks on the proposed retail center appear isolated ("lonely"). See revised design. Consideration should be given as to how the parking area relates to the courtyard area. Our design ca!!s for a contir�uaus pedestrian passage from the public sidewalk, lhrough the parkirig nrea lo the exrsling courtyard. This con�tection provides safe mobility and ada accessibility. Its desigrr has shade trees, beautiful paving, pedestrian!scaled lighting, benches, and flowering grotmd cover to articulate lhe existing courtyard. • The large "signature" archway at the main entry should be preserved, if possible, since it was probahly very expensive to construct. The large archway is a very. expensive morrument to a previous properry ownet'. Its bulk, massing, propartions cmd visua! dimensions are nu[ scale and character with the exi.�ting �•etail shops. I! is nut compatible with the existing Architecture; it does not enhance or pronrote our concept of the City Beau�iful design. It has no historical significance artd is not by any architec�ura! meas�ire a landnrurk. "It is a white Elephant ", it.s identity does nolhing to help merchandize lhe shopping center at all. It shrruld be removed in an effort to emphasize and encourage an open-air Mediterranean shopprng crnd dining experience wi�h sidewalk cafes and garden courts. By remaining, it wauld block visual nccess and reduce parking. There should be some transition and connectivity between the two separate centers to open up the market and encourage pedestrian movemcnt between both areas. We agree, that 's exactly what we have i�zdicated with the continuaus pedestrian passage. It is strategrcally located wrthin the center of the site running from US # 1 to the existing courtyard. It� materials rnrd Icmdscape are in keeping with the exrsting courryard design. I1s wide palh i.c rdeal for lhe occasranal arls and crafts .show. Its design and location promotes relationship of building to site. • The south end of the propased retail center, which is intended for a bank, could become a freestandiug out parcel. The bank is not a scheduleri tenant. Splrlting the buildings and creati�ig separafe structures would require moving one of structures into the Anchor tenant parkingfield. Jul 08 02 04:48p Brur R. Rrthur 3054� 7960 p.5 Onkbrook Contrnued ... ... ... ... .....4 Poor exposure, competition in developing areas and changes in the indushy has made il almost impossible for Oakbrook's local tenants to survive. Our visron is to work tn consolidate and strengthen the local retail environment. The only real cure is lo remove vrsual obstructions and built upon market strengrhs, larget specific niches and cm optim�rm mix of shops. We all wrn�t the best possible solutrpn for Onkbrook and its tenants, and we can all agree the shopping center does not ;do well as it is designed today. We need to make changes and we n�ed to act now. This is not a start from scratch pro�iect, we have existing tena�its, budge[s, leasing criteria, and lime schedules that ar� the driving design force.c. We can all solution sell our design ideals hut, we need to be practical and capable of being able to put to use a plan that works within the ow�Ters program. As you are aware, the minr-mall concept does not work unless lhere are anchor and nationa! tenants that justify the reduclion of visuul access to the locals. By removing the courtyard edge retail buildings, we've eliminated the Mrmi Mall concep[ and have provided the rear loca! tenants with visibility. If you have any additional commerits, please forward accordingly and we' il address them as soon as possible. Thank you for all your help and support, and we look forward to meeting with the commission again on July 23, 200;?. �:_i: :���� �` ::..i � ��,.�._.._.TI�, r i ` �� I \�' ���. • T ;. � . � ( � ' , a� L r°y'�i� �; � :::I�il,� CITY OF PALM BEACH GARDENS MEMORENDUM TO: Jackie Holioman, Planner DATE: September 4, 2002 APPROVED BY: Mark Hendrickson, City Forester�l�6�d� FROM: Bonnie Peacock, Forestry Technician I�,P SUBJECT: PUD-02-03, Oakbrook Square PUD Amendment — Revised Plans I have reviewed the above petition and have no additional comments at this time. 1� EXECUTIVE OFFICE: July 29, 2002 S�Q�OQJ� V�III Authori MailingAddiess: � � P.O. Box 1096Q2 Palm Beach Gardens, Florida 33410-9602 Ms. Jackie Holloman Planning & Zoning Division City of Palm Beach Gardens 10500 North Military Traii Palm Beach Gardens, FL 33410 RE: Oakbrook Square PUD Amendment Dear Ms. Holloman: _�— /� : �r c� � �`��-u�� 7- � /-� �-� _7- ff . VIA FAX 799-4281 We offer the following comments on your transmittal dated July 24, 2002 concerning the referenced project.. 1. The applicant needs to depict the existing 10" water main along the west property line on the landscape plans and provide appropriate setback language on the plans 2. The appiicant needs to upgrade the backflow prevention devices on the anchor tenant store's fireline and potable water service line. Please call if you require additional information. Sincerely, S AST UTILITY AUTH TY �- � Bruce regg Director of Operations ad cc; R. Bishop S. Donahue J. Lance S. Serra ,..__. _........ ' ,`,, �.; ;�\: ' , ; �.� ��:. , �. � �.:,,���i ,I��� �� �;, :;, r,�; - 4200 Hood Road, Palm Beach Gardens, Florida 33410-2198 "���- Phone: Customer Service (561) 627-2920 / Executive Office (561) 627-2900 / Fax (561) 624-2839 � �Kimley-Ho►n and Associales, Inc. Ma�h 28, 2002 ReviFed May 1, 2002 Revised July 22, 2002 Revised August 1, 2W2 Revised August 13, 2002 Mr. Ht�nk Schnitzer Equity One Reulty Bi Managemcnt, Inc. 11G82-A U.S. EIighway 1 Palm Beach Gardcns, Florida 33�408 Re: Oakbrook Sliopping Center PGA Lioulevarcl nc tf.S. 1 Palm Beach Gflnlens, Florida 040y710W Dear M�. Schnitzer: As requesced we have 4n�epai•ed t6is letter to actdress any trlffic changes associated with pmp�sed modi�cation» of' Uuildings on the site referenced abovc. As you have outlined, the existing site has 234,028 square feet of building area and 1,126 parking spaces. After the reconfiguration of the site is compleste, there will be 230,020 square feec of building uea and 1,080 parking spaces. Thus the propcned site plan will contain less buildin� square Foatagc than thc present site plan. The traffic generation of a sho�ping eente�• is a funcdon of building square foc�tage. Since the building squnre footage wi11 be recluced, the trip generation potential of the site will be reduced. Thci�cfoie, the existing site will genei�ate more trips thnn the proposed site and there are no traffic ecmcurrency issues triggered by the rnodi fication. If there are any yuestions, plcase do not hesitate to call. Very truly yours, KIMI.E'Y-HO SSOC1 , INC. 7o B. Poilock, Jr., P.13. � Principal 7PB/lem Cc: Doran Valero � 1'EI. 561 045 066� FAX 561 D63 bt75 wcv�.wvcH.iwaar�cn�rm�ouw��iamnaumm eo� a 443I Embarcadero Drive Wesl Pelm Deach, Florkfa �9Qp7 _ � _ J � ---- h � -- � I� �� �� ��� '� � ; � �i � ' ` �: f� j,' � J � � � � ' I - ? �t � � _- �ll��. �i ;°_ �i : i ,-��; , J L� �-----� ��� � �_ � �V � � f£ � � � , Is � � � C� � .; � i I ? 1�L: � � �. �iL � Z I i 3 i � � __ _ ���, � ' - < < ��.:.: i � � � =-�--f' - �-,T f� � ' -- - w N � -i -�-r I �i.;� —, � —. � �I ! �;! � �.—.._.. � i `..—___._-. � li ; �i � ; ` . a ' � 3 i! � � .. � I I � i � ;� i r,� �� �� l��,l I i I! �. 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'�/I/ %/�i� /' %- �i� � /�/; /,i i'i; ; ,. i �; i !i ;%/�; ,�`j; . %; . �.� r-�—�-----� � �� ;� �� �� � � �� _ � . i i I 1 i� i�l ��J i f � �, � ,I � :� `� _='' �— _�� � � , , I ,�, ��; ; t t , )�I i�,�;.,�f �_ �_ � 1'.. i '�' ' ' . . ��; ,�t�-' ��, , ,��:. , � Seven Cities: Northern Palm Beach County US 1 Corridor Study Jupiter Juno Beach North Palm Beach Riviera Beach Lake Park Palm Beach Gardens Tequesta DOVER, KOHL & PARTNERS TREASURE COAST REGIONAi. PLANNING COUNCIL Given its geographic position and history, the US Highway One corridor through the seven cities of northem Palm Beach County should be one of the most interesting places in Florida. The experience of living and working and shopping along the comdor— or just passing through— should be one of the delights of our region. Around it, a diverse, sustainable economy and an enchanting community life should be blooming and regenerating, year after year. But where the best should be, the US 1 corridor is now the kind of road that most investors and residents prefer to avoid. A unique location on the continent is being treated as if it were Anywhere, USA— a place where real estate values and commerce have been traded down for rush hour traffic capaciry. Five decades of single-minded road widening and bland development have taken their toll. In response, much of what is being built today turns its back on Highway One, as if the communiries have just given up on it. What will be done to make this corridor work for people, instead of just for cars? Because of the exposure and access US 1 offers businesses, the properties that front this comdor should be some of the most valuable real estate in the region. Yet many of the developments are aging and are approaching obsolescence. What will replace them? Who Cares About US 1? The road remains inconvenient because of the lack of connections with surrounding communities. It is jammed at some times and empty at others as a result of zoning practices that have separated land uses into auto- dependent pods. Worse still, its design makes Highway One the kind of road that scares away pedestrians, cyclists, and transit users atike. Choose Your Future During the process of creating this report, many local participants expressed the need for immediate action. They want to raise their communities' ambition for US 1 to a higher level. This Master Plan is the tool for an historic turnaround, if the Seven Cities work together as a united group. Great visions of what could be done have been drawn up. Coherent ideas for replacing the current chaos have emerged from seven communities working together on this project. These are attainable visions, not just pretty pictures. The physical place that could grow during the next generation would be a national model of inspiration, practicality, and wondec Leave A Worthy Legacy This is an interesting time in the history of this region, perhaps even comparable in some ways to the 1920s when Florida was being rapidly settled. To lure people to the unsettled territory, developers went out of their way to create beauty and a sense of history. In the process, talented designers left marvelous gifrs to future generations in Addison Mizner's Boca Raton, George Memck's Coral Gables, John Nolen's new towns, and the work of Olmsted's firtn in Lake Park. Now, at the tum of the millennium, Florida communities are resuming work on this legacy. It is time for US 1 to mature past the "anything goes" mentality, which has evidently gripped the corridor for so long. Imagine what your grandchildren might see in this place. Revitalizing US 1 is central to the future of the regional economy and to the quality of life in all seven of these cities. You're all in this together. And despite the web of inertia and past error, there is still hope. Using the images and designs in this booklet, seize the vision for making the Seven Cities Corridor one of the most memorable places in America. Join forces to transform the corridor's physical image and performance by doing something each year. Start small if you must, but start now. Who should care about US 1? Everyone shou[d! tievcn Citici: �lurchcrn P.dm B�•.��h Cuunc� U51 Cun�����r Stu.l� I.�' �! � � � � Commer�ts from the Charrette Workgroups Regarding the street 8ury me u6lity lines. Ir�crease landscaping in the US t's median. Regarding the fror�ting buildmgs: At PGA Bouievard and US 1, create a sense of artival tn a new Main Street area. As buldings are redeveloped or newly constructed, position the new buildings at the streeYs edge. Regarding adafning properties: Oakbrook Mali and the other adjoining properfies can redevelop over time inin a rtrixed-use dowMawn with shops, oficas and apertrnerds. Create more public squares and green areas as part of the new downtoum. Seven Cides: Northem Paim Beach Counry US 1 Conidor Scudy Palm Beach Gardens The Intersection of "Main & Main" Ofthe seven cities, PaIm Beach Gardens has the teast amount of reai estate fronting liS l. Nonetheless it is an area that has tremendous potential given its geographic position and given the importance of PGA Boulevard to the larger tra�c pichu-e. The key to unlocking this potential will be creating a lasting identiry. This can be accomplished by focusing strategic redevelopment at the intersection of PGA Boulevard and US 1, fomung a brief "node" of urbane form and of architectural distinction. Today, as one travels from North Palm Beach on the way to Juno Beach, for example, you might not lmow that you've even passed through Palm Beach Gardens. This is hard to overcome with mere signs, but can be easily rectified by transfornung the image and feel of the corridor itsel£ Wholesale redevelopment is one way to carry this out. Another is to convert existing strip centers into a Main Street format via a more incremental approach, by filling in the area closer to the road with buildings and rearranging the parking scheme in phases. For example, Oak Brook Mall on the northeast comer of PGA Boulevard & US 1 could be reshaped, with much of the azea currently used by pazldng lots replaced by buildings, geens and paseos. (This obviously suggests a move to struct�ued parking, which may or may not currently be justifiable under current property values and market condirions, but will aimost certainly be justifiable eventvally.) We understand that Palm Beach Gardens has under�aken a targeted citywide effort to create patkways along major comdors like PGA Boulevazd, employing wide setbacks; at its best ttus could help create a lattdscaped scene reminiscent of the City Beautiful movement. That general approach is cortect and should be applauded. However, note that this "main / main" intersection at PGA and US 1 is the appropriate sort of place to vary from that parkway standard, in order to bring buildings, patking and sidewalks into the right urban design grammaz. This is the very kind of place to which geat parkways aze meant to lead, following the City Beautiful tradition; this can be an exception that makes the rule meaningful. This crossroad can be the jewel of Palm Beach Gardens, and may even show a good way to fi� up parts of the lazger city out west. The intersection of Main & Main will showcase how humanizing commercial environments can be good for business. 9.02 � MimerPark in Boca Raton, Florida is a success stury_ Wh�1 a� Was a dead stnp man nas oeen hansfortned inUO a vital mixed use rebil street• PaAting is solved by Providng orrstreet parking for retail as well as parki�g sWdures behind the buiiding. Palm Brad� G,�r�eni Close Up Plan of PGA Boulevard � US 1 Wide medians provide refuge Parking behind buildings prevents for pedescrians crossing US 1 the loss of the screets spadal definition I� ; U _..-- -- � � I � � � ;:i �j �—�i '� ."�.. ! i � � �- - L ��=�`- � � � � `�� _ - �.t• � �'�-- _ _ � , L .i i��;��-`- '' � ���'��.- �`; �1I I� � � �.�' -� � =�� - � ��:.�,��r �� - �� 1 . � - ., ��:' �``" - , W y� - ,,��. �. �' � - � � - �i � �� � � �- ���� :�`���_ � �_ � �p c � �� M � � Civic plazas in front of mall � NORTH p 300' 600' 1200' Buildings should be broughc to the property line to creace spatial definidon netron� ez�,w.� mall and parking loc inco a shopping dis[rict E�risting Photos of the intersection of US 1& PGA Boulevard inccrxcuvu w �v w�u< <. «,a��� ,� difficu(t for pedestrians co cross Palm Bcath Gar�l�ns Building sec back from �he comer -._ �-- .... r , �: •°i� r�,."T��� - �c,.� . =i-xa �,a.,p}- � _ � .. ,. - . . — . ' . -.., _�"� Narrow median does not protect pe� ans caught becween lighu �.: r�: ��-. _� -� �i �t `;•� :�:.,. _ �„ �. � �, - �� . �r�-. .�z�� �- ��� �^ . , �,- �� :.� .= �.'� Future View of US 1 Looking North Architeccure should fol(ow Mixed-use buildings provide "eyes traditionaf examples on che s�reei' at all times ------- ._. . ...... __.. --- --.. -- -. .__.. _ _— , . :"';t-_'�-�" . - / � ,. . � _ -'� �_` � � � '� �� , On street parking provides a barrier between moving cars & pedescrians as wetl as "teaser" parking �n�rn Citic;: �rrthcrn P:i6u Gcach C��unt� L51 C��rri�h,r �nnk �<<nu� �«�� ««���a�� u,�.�,� �� slow down 6t help fornt �he space Awnin,os provide shade 6t protection for pedestrians ��.� � ! � � � � � � � Engineering Considerations for Palm Beach Gardens Existing Condltions: Typicai Urban Area TheEx�n9,TyplcelUS1 Sectioncunaisisofeane-hundrediwentyfoot(120'•0') wma r�nt-0t-way w�a� rNO �z� e�a� root (� �'-0� wide soulhbound and two (2) eleven foot (11'-0� wide noMbound asphalt pavement travel lenes, a fourteen foot (14'-0� wide g�ass medien wHh eghteen inch (1'-8� wide curb and gutteron either side, and eighteen Inch (1'� wide curE and gutter et the edges of Ne outske bavel lanes. In add'�tlon, giaen strips (21' wide) and aldewalks (5 to 6' wkle)are p�esentadJecenttotheeestemandwestem rigM-0f-wayiimib. Proposed Cross Section: Typical Main Street Area (Curb and gutter at oumide lenes) The r�gqs�QUSlSectlonconsi.stsofretsiningtheexistlngonehventyhundred foot (120'-0� wide dghFof-way end h�corporating the followirrc� modiAcetlons: Remov'mp ihe existing sidewalks (widlh varfes) and consdvctlng new nineteen foM (19'-0� wide aidewalks wHh seven foot (T-0'� wide tree plenters fi eech hetf ofthe rightof-xay. Introducing eigM and orre�helf toot (8'-6') wide parallei parking spaces adjacent to ihe new sidewa0�s, induding eigMsen inch (1'�6'� wide curb and gutter In both Ne South and Norih diracdons Inaeesing the foudeen toot (14'-0� wide grass median to eighteen feet (18'-0")Inwidth. The Sg,g to consWd Ne Proposed Section, induding pavement resur(acing, drainaga improvements and related construetlon is apptarimately 3330 per Meal foot, subject fi Me following Notes and Aesumptio�. Seven Cicies; Northem Palm Bcach County i1S1 CoRidorStudy Notee and Aeeumptions The preceding eeUmete doea not InGude costs related to right-0i way acquis�lan, mitlgatlon, rra�+� ai9r,e�+�aon or s�r,e0e, udtity relocallon, or lendeceping otl�erthen eadding. The Ilnear foot estimates for roadwey consfructlon assume that the existlng pavement can be mllled and resurfeced to achieve Ne deeired aoas aeclbn. If theexieUng dra(nape ayatem, wherepreaenl, Is adequate and can beutlllzed in the propoaed mnstructlon, the Iinear foot wst eetlmete mey decreaee by as much as $10011inearfoot. If exisUng Wiity polea are to be removed and repleced with an underground eledric tranemiselon/distribuqon system, ihe Ilneer foot cost estlmate mey Inaeaseforeachside ofthe rlght-0f•waywhere polesare present The Ilnearfooi cast eetlmatea conteined hereln are'order of magnitude" flgures and appropdate mnfiagency percenfagea should be applled when preparinp preliminary cost estlmates. 9.08 C, J YI, � �' ��'� �C����� � �■ �t � � �i,�i����l�' i ��� �.. C��6roo.� PUD AMENDMENT SUBMITTAL 11561 U.S. HIGHWAY 1 PALM BEACH GARDENS, FL, ,- Proposed Outparcel Building/FroM Elevatian SHEETINDEX GENFAAL INFORMATION OUTPARCEL BUILDING Sl'fE PIANS <- �a� c_EC � u.i.P E�vP���s s—. _.,rr[ a� N, . ,.�-'�o �_ir . r,. E7QSTING RETAIL LANDSfAPE PLAIVS LOCATION SKETCH N,T.S. AERIAL PHOTOGRAPH N.T,S, � \ � O �,��iir��r ���n�i�or� ��tnu� ar�ni+e�+ Inc. � _ � > O � � � � � � _ _ a �'-6= �Q.�s�o�, �rEa� G• C --- C US , ,r,a • \ OFFICE AVAILABLE � 20,000 S.F. � � _ _� � � � \� � � RETAIL AVAILABLE ,� 25,000 S.F. � � � � �� Second Ftoor \� ��<<�ti�ttti�iiii�t�:t�t�t f \ � �� � ! �/�1 i rr��%���l�l� �-�- i /I%t il l� {�,;�� ` , � � i ��, � � � , . � � � . .l. � .. . / r. � ` fl ', � � r. Y � � t , , � \ , ���'` � � /�r� ( ii r(lt� 1 \. ' t , � -- l � DOSi. FIRSi . � UNION BIWK � � i;j� i �'� — � _ . __a►� __ . _ __i'_ �' � --- _...__ ... ---._. __.__ _._ , __ _ = U.S. HWY#1 STATE ROAD No. �� STTE PLAN _ �� ., b �� G A ! � y ' �. � � � � � � � � ` � , '� �. ' -�,_ '-.. � � i • SITE KEY LEGEN� SfTE DATA „�„m�,;;'�a„�,°=�p �� ;„�"a';, PARKING DATA , °� ERCk P<.'[kt� 4r_E593LE -PrH .-iuc- w/ps'aHp�i �-,iv[. pREA OF SIiC 906,299.69 S.F. (2G.B1 AcresJ TOTnL PARRI�G REOUIRE� 105].00 SPAGES �'� .P-.. . �NX ..I.GI` Sr-J. G�4055 FLOOR AREA m 3is565PACES e.sesa2as _. iiH t. .. M,^.'.EU�i[R1, A'fi01d l.5 �. . .. . s<a.wnrie.aa mmo.m...i.m. su 2u.ao svac¢ �. et no� aE EF ��u ., �. i_ .,..,. .. u=E�I.EFLI.E �F o�a aA[ . . . �.o�i saacEt mm.ma.mrnu�.o.��s...ix�rza...d�s� .m = ivf+_ 1F.=RAI�FLA�IIC Si,.,I�AR� �! .�IJF � �V BAFi - - mnr- .00. iin a-ao saacES e,mmxFim+.o.ao � 1<.00 SPnC'S -. iYP. i..0.i. �iOP �..I.. _ " . .__ ' I.25 sPAC6 j --�. ttp. �... i.si�p 5^N W/ u0 aGU' n,ni� Sr,��. �a� caoss,zoow naEn ,.00 s.�_ zi�e z u•W %•. m, "• zn,�s svncc-s ppRKII:G PROVI�E� 1080.00 S? ACES -�� na_ o.�.i. Sr�P �;,ri rvil�, �o .oi iui H siCN eri o,.�n>�oG x,�omwEOP�arxemee�s ume�r.a LOT COVERAGF. � ohlvE iliRJ ONLti." au,irico s� - av�iD�n wcnnws ro x mnnm er naittr wax[m y. 4 SiFIP����G. .uwas+c�aaE o u,�.aonwru�cvorza �. - N�E GONT�.�I!��5 F�U`1pe�CIJ LaliD5C.1FINC. *°"^ n�eimv. a., ,�m a z�' rourv�n. uo��i �,•a.�� ��n.cw�. ��N DOE9 NOT NECE86ARILY REPRE9ENT THE E%ACT LOCATION OF EACH 7ENANT, ALL U4ER3 INDICATED MAY VARY WffH LANDI.ORD'S LFASE E%HBfB. � F . e.. �,o ,. �E aa� . a rv. �r oc' w� Ee�a vorti. �e ��HO� �.nre — _ . _ — — - _ — — — — — — — . . .o , �;... , /;. �- o�ri c� c � o r rer v 1 � � � / �u� � �.- .:.. . . . i T ... M. � AD GO �.rPp '�E�I1�^ I—.Ff:R L-----� /// /// 1 1 III I—�—i ---i—_ .III �I --�I---i _--� II i��n� � �\ ` //; � ��. II�II � _� I � II �� ` III I �II�IIIIIII �.l�l � I I u �1 `,., — — -- ---"= �-L =__ � ___�`�_- __-'_ �-�_-_ �- __-�-_-- � =�---1`� =J=--= --- -------------- =---- -- ---- � ,�, ,,1 ', � 11 '� � �' ,�� I' I I TTTT�� � I I I I TT�T�IT� ! I I I f��l l l l l 11 � , � �'Lrl;�!' �M1r %ll%il %;„,�'J � ���� ��1V ��� \(�� � ,1 �m' � . � , , ` `.'. � p`✓ �_ � � �� � � � �I _ , ,, , , -�: �� , � � " ���,�'• � ` ''� C1 � �-�a ,� �, T` �T�" � 11��� fl /��~� V ��� ,�� �CA�,� ..�� �, ,,.� \ ,� A\�.,�,A` .W. v �, � � � �I �'�� � � F�6TFRST � 1 � UNION BANIL � �\ �� -T �� �� ,��—=111LI�1�-1_I�I _,_t,j ���51TE PLAN Smle: 1" = 60'-0" ANCHORTENANT 1LLLLLLiJ o --T —� ? � � i � ' �,e � � � � � ,, a„d,o, � ' � a T �� o o"c�� o ° � � Q �� 6 0 r�-fl� 0 "��LC ' L__- . — �Omi @ o.. �y e Jr.PnrAOrTen��% I � (I�I� � I O I I Il�i , � � � �.; o � , � �a �—L1 lll . �` � / �� .?� � _ �� ��t �-���-�,�. C' p.� _ I � P -� � / - � � I I I � , — � � � :� � � � '�J; �,-� �, ��. L6f � �1ll �3��� � I I_I_I I II � I I_I �I___ . 40 �� — _ _ � — ----- __ — -----_ ---- ---- ;��.: �¢ . � — — — — — �----�-- � PUBLIX D Hye rkmG'e _—_" - � � —O - � �_��� � ,- � , I �_r�/' � �� 1 ; � ^ \I�\ � , l\ � � I �8�'���'�\� ii i ��� , '�i m�,-� �' ', � i� ��➢ � \I �C � �O 1� �� 11, ,I �� � �� � � ��� ✓� � � � ��� � � ' �� � _ ��� � _, , _ r � � � - � r m� e � � en ur�T�� � � � �� I � � .b�� � � � � � ' ; � � � „ \'I ` , , , _ �� ._ � � _ � �i I �� � �-r � 4� �', ,,.a� �., � � ��� c , `� � _ �'' i m. "i � L . . : �_ - ,.:� ,� 1 c� � � � i _ '�_ ' I Ill_1L_L_1 L�fl_I_I_L_fJJ�I-I_I_I_I I�l� � Mou���. g��.�E _.�s, �o��MEV. ���a� ,. � ��, . _ -'. � �' �N � _ . = ��� wil �am '. f10'Y��II�OII JY;FUI ' architec{ irc. ewii I� a 2 � � 0 w � O d 0 �� = a d � �O �J _ � I � _I � Sc�J. J nf --J • II 1 __ ExISPNG CO�HL•nao � _ _ ��_ � a�EP11.WO m RF]ANN/ I �,o � � �e �� � � � , ��os�AP��� ��oAno� —�' o �� � �,,� , ',', o � � � �° �� � , ` c — � —�— `�� ��_� �a «<M,�� � , _ _s. �� Ra,.�A.�, , l - AE..�� a�,�o� ' �, ^� ° . �s, o� ,. . �5 ,a _a� s �, <. ,a . _ — ql — � 1 � ..�._ /�� 0 —�— � II ,�_ �xc ._ Q `�, o b � �_ u '_ /` ; . � -- ��� --i- (� � _ m�— —im ,�—�o t—�— iv t 0 , - - � \ �, �µ � I �s� � s m A_s� E. -�-«, Ea oA�F� �s, �a�� o s-� EA � �, �„�,.,�,,.,,� "�'���`"5" — - � - � � � — o �, _ —o-.� o � _ � �s � s� � � � , ;a s� �. � a�= w� i � � . _ _ i' i i o � i. o a i�� o; �,� �� Q� � p ��� �- � m — - - �-,,a ,eE =c. u i �,� o� �oa o e_ i �;y - ; II � A w�, ,z . 35 E��A��°Pwo� a= aEOO a � a 3ez � ,a �e<, a� � _ � ,yle °�� _�� _ _ _ p � I � �� � s" o� � a� �� �" � - , � - � ���,� � _.� ��ti a� _ - �� � `�, � �,sPA�E os a � � � � C �� � -� r��'�/_ �� � ry � _ ��� � iiz/i� �� , �' � �/'... _ � � � � �:�ii� �ii ^° � -��-� � � � �� I P N ��' oj o� � + - �� � , � 0 a N-�.� - , �l �� 0 i ppp ,I „ a - ���E. s�� ��� � � - ,� y ��o � �'� � - � � � �� � , Z o ) - � e e ��� " �—� -=' 2T � , �� �,u � �� � � m � � � � I — ble i� � �� ' , i �� — � o � r �w �� . .. � __ d e— � d �E � �i i � l� � � -. . _ � c e — _ _ _ �m _ � — � �'— � ; —�— Ia �, � �� �, � � � � ,_ � o _ , � ,a—.,<. � .//� ��.oro�x � ' � I s, cP.�' —a ,._ � ' I „ �oR. g 65P��2ro� --- iu, v�.H p) sanccs o e�-e• ea n -a,p) sP.ces o e�-c� ee. - - - - - � � ��� _ _ '� � ' . �exisr. aueuc sioew � � �_�� � � � � � _ `� _� "� p � h� _ � � � .� �I _----_— � � �. � -- --_---.— �— j ; i,i�B�OWN—UP S!TE P�AN Scale: 1" = 2C'-0" "`"f.'•-�'�" .+.,illiorn unovemsr.e+ow harn�dlon �..a -.. ��,.�. � �srcnonronxeurowa crCnur � ��.., � ; �s.o,�a7,a��,un ,�. s,��o�o . aw �w.E,amncwui r architect `ovec wmr� 000u nnosmacw i .,. , "5 � � n. � �rc. � ., __ _ . , � � — • " •- "— � . � eoo �a � ��„o,� �.. ��uecnr� . .,. ., �aaarco€.��a � /� �\ — _ _ — �o ° eAWV ' . `P a � b , t ii 3• e.�� �, o. s, �\ ��'� ��� � ��� ,� � i I \ ���_ � � �1 � j �� ��� �` /� � ��� i� � � � �. � , ` � � m , _, , , — V � �� i � � , � '� , u �� > ,, -�� \i� � ` ' ' �� �� '� I _�� ���� !i � _ - ��, � i � \�,� existing retail-we5t elevation ��M.nxaw���nµ� "` �.. � �;� .� ..�. q� ��ar��� , �l � ,. r �P , I � , � / ��mm�� � �°� � �.na� �� �, i� 3 — .. � V ;` � � "��p�. ��µx� �� t ' � % ��o��xoYa�„w�� ��' + � �4�� 3 0 �. �� o•, wn.urgnuuresueMm.� � sw oanumwixar.vown. �. i� , '. „ � w r= % � __ _ � z c!) j � i i � i i I _ — O u i ' ________. _"' __'__ --__ _______ ____." ___--- ____'_- _ _. � - -- -. - �... --_. _ �" � a � � �,� _ � C3c�t�aioll�rr G3c�¢�o0c��r . .... �v"ua�o�Qi� ... Wc�4�'OC��v . . _ I �\ � m � _ • �— _ . . ._ .. � - — - .° ., � . � _._. ___- .._ . -- { ' � — a¢o �i v � � I � _. _ _ � 0 - r - , i , -. - . �� �� � � I �,� � / a �n�� �� � � z o ,, �� I�I ,� a � . �r M � , J �' � I __ . � , � � �oz � �I I �� , fl�� ��'� ��� � � � � ��� �� �_ ! � i �� z�� � �-��».�o��ro \ M��,� �o�.o�w�w,. � W � � proposed retail-westelevation "B1P1°""'""`�°�'�'�a ���'� mnra mAtnwG STU10.wo ; y X J W _.. nEwNroRK. aamw[m ��W W � � �'_•i+� ^Y +��.. � � ��� �: . .. � h �- }.",�, SIGNAGE DEPILTFD ON ELEVAllONS DOB NOT REPRFSENT � THE IXACTTENPNT USE 1NTENDED W R EAGH SPACE. kgB 0 - �� @��`6� � P ; ` � 7M1�.�_� PROF'�LE F /�u[�+,aaur__. / � �i � � .. . 8&� e°ftar (e roHO) �-.�. � I l 7 a, . �,y� ��B � �a�x..�e.a�xroF su�,�..0 �� ����gpn' ": F9�',{e;, I , � �'�' R �' .o M�. � "°°""` �'4�G b � .:� i C� � ou�rrs " iJ�' T ' �' � U .�y � ,fl e . . °� q s� 9 '�a � 9ew.cemeewaxmmuuo�srnuu.EV.n.ce� �'� '� ;� k3� � �uxovewwn�sr�8 '- �' �, .. ooxorouluRemsnr�omwm.e+ � O , I � am % � //� vx-n U@J'37C�ai� � ���/ � O � _ — — / �� .�o���s,oaA�,owr�.. ¢��� �� �� i��oou�� ���t��u�ds� . � � � "/ -� --- � - -- - - i �ow�r�cro'sE'u°nN ' � �x�snN� �o� � � T �- a � i _ / I �i F�� �: � � . � �, � �� � � � � � - ` � � I �� I� II � � � � _ �FE.�� F _ , � � �xEw,o�,o����,o� ` ` �. ' \� " � _ - n — - '-- � - -- m����.o..xF.�.�..�LL;�o�o„w�+ .._. _. Fo,,.��� �,.E:_. a�A -_��-�, IXISI7NG AND PROPOSED RETAIL BUIL_DING ELEVATIONS S�CALE : 118" = 1'-0^ '. lL of '3 . T'1=i.P.�aIL � overall courtyard west elevation facing US highway # 1 SCALE : 1(16" = 1'-0" I I _(is-inis �ncoBS,N s PR_F I � .n,_D A —� � � � �� � �� ��������6 ���u � � � � � � west elevation section 1 west elevation section 2 EXISTING COURTYARD/REfAIL BUILDING ELEVATIONS SCAIE : 1(e" = 1'-0" �ua4 ���,,��� F `. � - ._- .. .-_ _ .___.._ P� ;- � 9.� ��II�� �� ^�� � „i u��' � % �} � �' I ' � �����._,,6 .�o�� `".mne� ,4'�µ� k � � ,. „ � v,���. - ,E, �, �- — F_ � :PF.� � PARAPET/SCREEN DETAIL m I $IGNAGE DEP[RED ON EIEVATI0N5 DOES NOT REFl�LSEm I THE GCAGTTENANT USE IMENDFD FOR FACH SVRfE, I I - �� � /� � Roly's s.`°��s s ° � ��� `no�Eo �a a,cox�. ,� FoR Fl��s �NF. � ��� DUFFY'S OUTDOOR SEAT[NG ARFA B�OWN�U�P PLAN I s,���a�. �$# �'��f�^pe � . �-- sucro w+o wi ..— ..._ -... ��, . nn-,. _ o , -- � —o Pa.n � � south elevation •����� �: �.. ,,a. �: �,r' r , � = :,. :� .�R r � ", ' , -:�- �> . � . � � �� �i. ., * .., .� � : � : , �ka�,m�c��ai - , _ .. . � .. ` —co�.. �s i.asca racc.sr � �,� >> ..._ . . . _ � `'tiyi �'3. �� ���J — - O --� `1�° I � . A}y ;3' ��ac� � �cc��ti � — t� �ru iuurr. �� � ���a � :� ��"' � - --- - _�--� - - �� i;.� �y':' �— i -: 'I : �iGV��LS�Gl C3C�5f��L�GG3 G3Cun���� v, sp o I� f. _ � _ — — % �__�— �\ _/ 8 ` '„ . . i � C� ` � � � � i �� . . -, � � ��—.—R --� �'°�—��--j,:ti--I �I' .�_�. � -��. _ � �� I, � � � �� — TO� vxEG5TC0.unnrOMaTCM - t/a'lEMG.¢EWG4�N � Buno�nGS�awnw 6URGUxOVSqRi W��nInGSfPN�MO �IX.LL11��� � west elevation �:,�=,�� r��^��"y�y <�a�M��� ' ;� 4 �Po�'o �'dlal n� - �7 .�\�. T i^v ib p $ r� i, � �' � _ � '_„»�.'_ �.....��.... _: M \ � } ��r� ,rv�� �� �'�a! _ �6f 1� } '1 ,.i�,,� ''� ` ;'s.« '"��-" ! _� .... - _.—.__ � � �- �"`s � �. Nr�rscaowr�iFnso. � uaw � � _ � _ ..._ � —... _ I -- , � .. i � - _ � ��0 0 7 -�_O I ouMGSTEU : ' �, — .__ — — i —O �acdMeam— — _inaUwixcaw � CUaFR[OwALt.WAY north elevation °"""' "�JR�� ��� -.-0 SIGNAGE OEVIRFD ON HEVATIONS OOES NOT REGRESEM THE E%ACT TENMI� USE INTENDEO FOR E4CH SPA�. 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I i a'n _____. i, hamilton �'�. ur.-hur �, architect i'lc. a d c O O 0 S O 1 O -� 1 � ��' a_ ', �, = _ � �=a'z I'I O 2�= � Aa rz`1Ea CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: December 9, 2002 Meeting Date: December 19, 2002 Ordinance: Ordinance 42, 2002 Subiect/Aqenda Item Ordianance 42, 2002: Old Palm Community Development District Second Reading/Public Hearing: A request by Stephen Sanford and Michael Sabatello of Greenberg Traurig, P.A., on behalf of Communities Finance Company, LLC, a Delaware limited liability company (the "Petitioner"), for approval of the establishment of the Old Palm Community Development District for the Old Palm Planned Community District (PCD), located between Central Boulevard and Florida's Turnpike and north of PGA Boulevard. The request is filed pursuant to Section 190.005(2) of the Uniform Community Development District Act of 1980. [ X ] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: FINANCE: NA P8Z Commission Action: Principal Planner:� � Growth Management Costs: $ NA Talal Benothman, A Total Project Ma ager: [ ] Approved City Attorney: $ [] App. w/ conditions Leonard Rubin, sq. Current FY [] Denied [ ] Rec. approval Development Compliance: Allan Owens: Funding Source: [] Rec. app, w/ conds. N/A ' [ ] Rec. Denial Finance Administrator [] Operating [] Continued to: Bahareh Keshavarz-Wolfs, �[X] Other NA AICP �� Budget Acct.#: NA Submitted b Advertised: Attachments: Growth Ma a /'� Date: Nov. 6, 2002 Administra r: (��� • Reduced Plans Charles K. , AICP Paper: Palm Beach • General Information st on CDD Approved b : City Manag r: �n. [] Not Required Ronald M. Ferr' Affected parties: [X] Notified [ ] Not Required Date Prepared: December 9, 2002 Meeting Date: December 19, 2002 Ordinaace 42, 2002 BACKGROUND The 651 acre Old Palm PCD was approved on September 18, 2002 pursuant to Ordinance 32, 2002 (the "Development Order"). The Old Palm PCD is approved for 333 single-family residential units along with a private 19-hole golf course and eleven lakes on site. In addition, the Old Palm PCD will include a clubhouse, sales center, maintenance facilities, golf service area, and three practice holes. THE OLD PALM COMMUNITY DEVELOPMENT DISTRICT Communities Finance Company, LLC, a Delaware limited liability company, as petitioner, sole landowner and developer, proposes to establish the "Old Palm Community Development District" (the "District") within the Old Palm PCD pursuant to the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes (the "Act"). A Community Development District is a local unit of special purpose government authorized by the Uniform Community Development District Act, Chapter 190, Florida Statutes ("AcY') and organized to plan, finance, construct, operate, and maintain community-wide infrastructure in planned community developments. The Ordinance to establish the District does not affect the PCD approvals. For the City Council's information, the Old Palm CDD will be the first CDD established in the City of Palm Beach Gardens. Purpose of the District The District will finance the construction or acquisition of the following improvements benefiting the Old Palm PCD: • The surface water management and control systems; • Offsite roadway improvements required by the Development Order, including turn lanes, signalization, streetscape and irrigation; • The water distribution and wastewater collection and transmission facilities; • Wetland mitigation; • The perimeter landscaping, lighting and entry features; and • Related incidental costs (collectively, the "Public Infrastructure"). To raise the capital necessary to complete the Public Infrastructure, the District will issue special assessment bonds. The proceeds of the special assessment bonds will be held in trust by the District's trustee, Wachovia Bank, National Association, an independent financial institution, and disbursed only for appropriate authorized District expenditures. The District can either construct the Public Infrastructure, or acquire it from the Petitioner after completion. In the latter circumstance, the reasonable cost of the construction of the improvements (which cost must be approved by the District's engineer and can not be greater than the fair market value of the completed infrastructure) will be released to the 2 Petitioner from the bond proceeds only after the work ha and accepted by the District. This ensures that the Infrastructure improvements are available to the Distric proceedings resulting from financial difficulties that may b as developer. Date Prepared: December 9, 2002 Meeting Date: December 19, 2002 Ordinance 42, 2002 s been independently inspected funds to complete the Public t and are protected from any e experienced by the Petitioner, The District will own and operate all of the Public Infrastructure improvements, except for the water distribution and wastewater collection and transmission facilities, which will be built according to the Seacoast Util�ty Authority's (the "Authority") specifications and conveyed to the Authority once complete, pursuant to the Authority's requirements. The authorizing Ordinance and Florida law strictly limit the powers of the District. It is important to note the following: • The District will not have the power to exercise any zoning or permitting powers; • The City will not be liable for any bond obligations of the District, nor for Sunshine Law Compiiance by its Board of Supervisors; • No taxpayer residing outside of the District can or will be taxed by the District; and • The District will not affect the City's bonding capacity and millage rate. Financinq The District will finance the construction or acquisition of the initial Public Infrastructure improvements by issuing unrated special assessment bonds, which will be sold to qualified institutional investors. The bonds will have two portions — an "A" portion and a"B" portion. Most of the overall debt will be represented by the "B" portion and will be amortized over a period of no more than 10 years. The "B" portion will be paid by the Petitioner, as developer, from its own funds, on or before the closing of the conveyance of each lot to the initial retail purchaser. The "A" portion will be amortized over no more than 30 years and the principal and interest payable will be paid by the District from the proceeds of non-ad valorem special assessments levied by the District on the benefited land within the Old Palm PCD. The non-ad valorem assessments will be collected annually by the Palm Beach County Tax Collector or the District. The anticipated principal amount of the special assessment bonds to be issued by the District will not exceed $65 million. However, because the "B" portion will be satisfied by the Petitioner from its owns funds, the assessments that the individual retail homeowners will have to pay are estimated to be as follows: 3 Type of Home Acre Lot Grand Estates Floyd Estate Golf Villa Date Prepared: December 9, 2002 Meeting Date: December 19, 2002 Ordinance 42, 2002 Good Faith Estimate of Assessment Levels "A" Portion per Unit $4,255 annually $3,830 annually $2,128 annually $1,915 annually "B" Portion Paid by developer at time of closing with retail purchaser Same as above Same as above Same as above The District will pay for the operation and maintenance of certain elements of the infrastructure by levying annual maintenance assessments on land within the Old Palm PCD. Currently, it is estimated that this annual maintenance assessment will be $320 per residential lot, and per unit for the studio type dwellings. The District, with the approval of its Board of Supervisors, also has the power to levy special assessments for the replacement of the Public Infrastructure, as necessary. Operation of the District Pursuant to the Act, the District will be governed by a five-member board of supervisors. For the first six years, the members of the Board are elected by the landowners (principally the Petitioner). Beginning in the 7th year, each board position that comes up for re-election must be filled by a qualified elector residing within the District in a general election wherein all qualified electors within the District are entitled to vote. By the end of the 8th year, qualified electors who reside within the District are entitled to elect all of the Board members pursuant to the Act. The District is required to submit its annual budget, financial report, audit and public financing disclosures to the City for informational purposes. The City, however, is not obligated to review or approve them or take any action or incur any costs with respect thereto. Benefits to the Citv The District benefits the City in several ways: 1. The District is an integral part of facilitating a community of the highest quality along the PGA corridor; 2. With the District in place, the Petitioner can complete the Public Infrastructure and road improvements more quickly, reducing the time for road construction and the resulting inconvenience; 4 Date Prepared: December 9, 2002 Meeting Date: December 19, 2002 Ordinance 42, 2002 3. The bond proceeds are held by the trustee and protected until the Public Infrastructure is complete, guaranteeing the timely and proper completion of the improvements; 4. The cost of constructing, maintaining and replacing the Public Infrastructure will be borne onlv bv the residents of Old Palm PCD who will be responsible for the cost of constructing the infrastructure and the perpetual cost of maintaining and replacing the improvements; and 5. The District homeowners wiN control their own destiny within eight years by directly electing the Board of Supervisors. Requirements under the Act for Establishinq the District The District satisfies the requirements of the Act because it complies with the following: 1. The District services will be consistent with the PCD, which is being developed as one community; 2. The District infrastructure and services will be compatible with the existing local and regional services and facilities; and 3. The District is the optimum choice for delivering community development services to the Old Palm PCD. The District will not assess persons outside of the District, the establishment of the District and the issuance of the special assessment bonds will be completed in time to permit the timely construction and acquisition of certain elements of the Public lnfrastructure, and the District will serve as the entity responsible for the operation and maintenance of the Public Infrastructure without contribution from the Citv or residents outside of the District. Disclosure To ensure that all prospective land owners within the Old Palm PCD are well advised of the existence, function and powers of the District, the Petitioner agrees to undertake the following disclosures which extend beyond the requirements of Sections 190.009 and 190.048, Florida Statutes: 1. A Notice of Establishment will be recorded in the public land records against all property within the Old Palm PCD, pursuant to section 190.0485, Florida Statutes. The Notice of Establishment shall appear in the title chain for all lots within Old Palm and will disclose the establishment and existence of the District; 2. A Notice of Assessments will also be recorded in the public land records against all property within Old Palm once the assessments have been set by the Board of Supervisors. The Notice of Assessment shall disclose the amount of the annual assessments applicable to the lots within Old Palm, and shall provide the name, address and telephone number of the District Manager; 5 Date Prepared: December 9, 2002 Meeting Date: December 19, 2002 Ordinance 42, 2002 3. Each prospective initial retail purchaser will be provided with a brochure along with the Old Palm sales materials disclosing the establishment of the District and the anticipated level of assessments applicable to homes within Old Palm; 4. Each purchase and sale agreement with initial retail purchasers will include a specific disclosure addendum outlining in detail the existence and function of the District and the estimated assessment amounts applicable to lots within Old Palm; 5. Each deed of conveyance delivered to the initial retail purchaser within Old Palm will specifically reference the Notice of Establishment recorded in the Land Records of Palm Beach County, Florida; and 6. Pursuant to section 190.048, Florida Statues, each purchase and sale agreement with an initial retail purchaser of a home within Old Palm will include the following conspicuous disclosure above the space provided for the purchaser's signature in large boldfaced type: "THE OLD PALM COMMUNITY DEVELOPMENT DISTRICT MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS, OR BOTH TAXES AND ASSESSMENTS, ON THIS PROPERTY. THESE TAXES AND ASSESSMENTS PAY FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE COSTS OF CERTAIN PUBLIC FACILITIES AND SERVICES OF THE DISTRICT AND ARE SET ANNUALLY BY THE GOVERNING BOARD OF THE DISTRICT. THESE TAXES AND ASSESSMENTS ARE IN ADDITION TO COUNTY AND OTHER LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY LAW." 7. The Declaration of Restrictions for Old Palm will include a disclosure of the existence and function of the District, and will require all owners of homes within Old Palm to disclose the existence and function of the District to subsequent purchasers. STAFF RECOMMENDATION Staff recommends approval of Ordinance 42, 2002. C Prepared ay: Greenberg Traurig, P.A. Michael Sabatello, Esq. Stephen D. Sanford, Esq. OLD PALM COMMUNITY DEVELOPMENT DISTRICT QUESTIONS AND ANSWERS 1. Q: What is a Community Development District? A: A Community Development District ("CDD") is a local unit of special purpose government authorized by the Uniform Community Development District Act, Chapter 190, Florida Statutes, as amended and supplemented (the "AcY'), to plan, finance, construct, operate, and maintain community-wide infrastructure in planned community developments. The Act provides the exclusive procedures for the establishment of a CDD. 2. Q: Why create a CDD? A: CDD'S provide a method of planning, managing and financing capital infrastructure within the area of the CDD without overburdening local governments and their taxpayers. 3. Q: How do CDD's compare to local governmental units? A: A CDD is not a substitute for the city or county in which the CDD lies. A CDD has no zoning or permitting powers governing development. A CDD's powers are generally limited to planning, financing, constructing, operating and maintaining community infrastructure. Condemnation by the CDD for the uses and purposes of the CDD relating to water, sewer, roads and water management may be authorized by resolution of the City on a case-by-case basis. CDD's must also provide disclosure of public financing, submit their budget for annual public hearing and comply with both the Sunshine and Public Records laws. CDD's must comply with the applicable comprehensive plans, ordinances, or regulations of the City. 4. Q: What do CDD's fund? A: Among other infrastructure and facilities permitted under the Act, CDD's can finance, construct, maintain and operate the following community infrastructure: Surface water management systems for land within the CDD; 2. Potable water, sewer and wastewater management facilities; 3. Roads and street lights; 4. Parks and landscaping; 5. Fire prevention and control, including fire stations and fire hydrants; 6. School buildings and related structures; \\wpb-srv01 \SANFORDSU743?7v05\5/8/02\54175.010100 7. Mosquito control; 8. Solid waste collection and disposal; and 9. Security inciuding, but not iimited to, guardhouses, fences and gates. 5. Q: What infrastructure does the Old Palm CDD propose to undertake? A: The Old Palm CDD proposes to construct the following improvements: Surface water management and control system; 2. Offsite roadway improvements; 3. Potable water, wastewater facilities and fire hydrants; 4. Wetland mitigation; and 5. Landscaping. 6. Q: Who will own, operate and maintain the infrastructure constructed by the CDD? A: The water and sewer components will be dedicated to the Seacoast Utility Authority. The remaining infrastructure will be operated and maintained by the Old Palm CDD or in certain cases the Old Palm CDD will contract with the property owner's association to provide such services but the infrastructure will continually be owned and under the control and supervision of the Old Palm CDD. 7. Q: How are CDD's of the size of the Old Palm CDD created? A: CDD's of less than 1,000 acres in size are created pursuant to a public hearing and an ordinance adopted by the City Council granting a petition for the establishment of the CDD. The proposed Old Palm CDD is approximately 651+/- acres. 8. Q: What does a CDD cost the City's taxpayers? A: The costs to the City associated with the CDD are strictly administrative. First, the City must review and act upon a petition to form the CDD. The petitioner pays a$15,000 filing fee to the City which should defray the costs associated with reviewing the petition. The petition requires City Council approval. The proposed District will submit, for informational purposes, its annual budget, financial report, audit and public financing disclosures to the City. Since there are not legislative requirements for review or action; the City will not incur any costs. 9. Q: How is a CDD governed? A: A CDD is governed by a five member board of supervisors (the "Board"). For the first six (6) years, the control of the Board is maintained by the landowners within the CDD. After six years, qualified electors (taking into account a phasing in after the 6th year) wiihin the CDD elect Board members. \\wplYSrv01 \SANFORDSU743?7v05\5/8/02\54175.010100 10. Q: How does a CDD secure the funds to construct, maintain and operate the public infrastructure and facilities? A: A CDD has the authority to secure funds by several methods, including the following: a} Issuance of bonds. b) Issuance of bond anticipation notes. c) Ad valorem taxes. d) Special assessments. e) Charges of rates, fees and rentals. 11. Q: How does the Old Palm CDD propose to raise money for its infrastructure? A: The Old Palm CDD will raise money for its infrastructure through several of the methods authorized by Florida Statutes. The financing will be structured as follows: a} Speciai Assessment Bonds wiil be used to provide the initiai capital to build or acquire the CDD's infrastructure. b) Special Assessments on property within the CDD will repay the bonds. c) Any operation and maintenance of CDD infrastructure will be funded by maintenance assessments. , The Old Palm CDD has no plans to use general obligation debt (debt which pledges the full faith and credit of the CDD). 12. Q: ff the CDD defaults on repayment of the bonds, what protection and recourse is available to the bondholders? A: The land within the CDD is the security for repayment of the bonds. The bonds are to be repaid by special assessments which are obligations of the landowners. Thus, if unpaid, these debts become a lien on the CDD property on equal status with unpaid ad valorem taxes. Because the debt is a government obligation, these liens will take a priority position relative to other debt which may encumber the CDD property. 13. Q: Can the City of Palm Beach Gardens be liable for obligations of the CDD? A: No. The Florida Legislature has specifically stated that "no debt or obligation of a (CDD) shall constitute a burden on any local general purpose government without its consent." 14. Q: Will the taxpayers residing outside of the boundaries of the CDD be taxed for the costs of infrastructure provided by the CDD? A: No. A special assessment is levied only on the property within the CDD. The Old Palm CDD includes only the property within the geographical boundaries within the CDD project. 15. Q: Will the City's bonding capacity be affected by bonds issued by the CDD? A: No. \\wp65rv01 \SANFORDS�374327v05\5/8/02\54175.010100 16. Q: Will the City's millage rate or cap be affected by taxes or assessments levied by the CDD? A: No. 17. Q: What are the benefits of the Old Palm CDD to the City and its citizens? A: First, well-planned and well-financed communities provide attractive locations for new residents and new or expanding businesses, thereby enhancing the quality of life and the economic development of the entire area. Second, a CDD is the best way to assure that residents within the CDD receive the infrastructure or services they need (often quicker than if these improvements would be installed under conventional financing terms), while restricting the cost directly to those who receive the benefit of the infrastructure or services. The issuance of special assessment revenue bonds payable solely from special assessments levied on the benefited land will assure that the necessary funds are available to finance the required infrastructure. Also, long term maintenance of these improvements is assured due to the ability of the CDD to assess and collect for such maintenance costs directly on the tax roll which is a superior means of collection than assessments being collected by an HOA. Thirdly, the establishment of a CDD to finance the necessary infrastructure will accelerate the development of the planned moderately priced housing. 18. Q. Will potential future homeowners be made aware of the special assessments that they will be required to pay? A. The Act provides that each contract of sale contain the following disclosure immediately above the signature line. "THE...(Name of District)... COMMUNITY DEVELOPMENT DISTRICT MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS, OR BOTH TAXES AND ASSESSMENTS, ON THIS PROPERTY. THESE TAXES AND ASSESSMENTS PAY THE CONSTRUCTION, OPERATION, AND MAINTENANCE COSTS OF CERTAIN PUBLIC FACILITIES AND SERVICES OF THE DISTRICT AND ARE SET ANNUALLY BY THE GOVERNING BOARD OF THE DISTRICT. THESE TAXES AND ASSESSMENTS ARE IN ADDITION TO COUNTY AND OTHER LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY LAW." Such disclosure must be boldfaced and conspicuous type which is larger than the type in the remaining text of the contract. In addition, a notice of lien will be recorded on all the lands to assure that any title search would pick up the special assessments imposed by the Old Palm CDD. 19. Q. When the Old Palm CDD purchases infrastructure from the developer, what assurance is there that the Old Palm CDD will pay no more than fair value? A. The Old Palm CDD will retain the services of an independent engineer who will be required to certify, prior to any disbursements of bond proceeds, that the work has been completed in accordance with state and local requirements and that the cost will be not greater than the fair market value of such infrastructure. \\wpbsrv0l \SANFORDS�374327v05\5/8/02\54175.010100 20. Q. What other factors are relevant from the standpoint of creating a CDD? A. A CDD is a viable and responsible entity, subject to applicable law, for the provision of certain public infrastructure which the City in the case of the Old Palm CDD does not need to operate or maintain; while adding millions of dollars of property value to local property tax rolls. Such an arrangement allows the City to focus its limited resources on other areas of concern in the City. In addition, residential CDD's, such as the Old Palm CDD, are advantageous to the end-user (homeowner) because the required infrastructure is acquired or constructed by the CDD with money borrowed at a tax exempt rate and, as a result, there is an incentive for a developer to make his product as competitive as possible, thereby increasing sales. The buyer benefits and the developer benefits. , _ \\wpb-srv01 \S ANFORDSU 74327 v05\5/8%02\54175.010100 .ic �as nce i as ight ,�o� � �, �ced ;i�e �nd ald �ral apel � 12 a alm �ce JS- Neli �ved ire; <arl on �ie ;an n's L. m- in ay 10 .� � NO. 499211 NOTICE OF PUBIIC HEARING CONCERNING THE ESTABLISHMENT OF THE OLD PALM COMMUNITY DEVELOPMENT DISTRICT IN PALM BEACH GARDENS, FLORIDA, BY THE CITY COUNCIL Of THE CITY OF_PALM BEACH GARDENS. Notice is hereby given fhat on December 5, 2002, af 7:00 P.M., or soon thereaker, the City Council of the City of Palm Beach Gardens (the "Coun- cil"), will'consider an ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OP PALM BEACH GARDENS ESTABLISHINQ A COMMUNITY DEVELOPMENT DISTRICT OVER THE REAL PROPERTY LEGALLY DESCRIBED ON EXHIBIT "A" TO THIS ORDINANCE COMPRIS- ING APPROXIMATELY . 651 ACRES: NAMING THE INITIAL MEMBERS OF THE BOARD OF SUPERVISORS OF THE DIS- TRICT; ESTABLISHING THE NAME,OF-TME DISTRICT AS OLD PALM COMMUNITY DEVELOPMENT DISTRICT; DE516NATING THE PURPOSE OF THE DISTRICT; DESIGNATING THE POWERS OF THE DISTRICT; PROVIDIN�3 FOR SEVERABILITY; PROVID- ING FOR CONFLICTS; PROVIDING FOR AN EFPECTIVE DATE. at a public hearing to be held at: Ciry Hall 10500 North Military Trail Palm Beach Gardens, Florida 33410 ' to inform the public about the elements of the petition to form a communiy development cJistrict in Palm Beach Gardens, Florida. The information pre- sented at this hearing will be used by the Council in grantin or denying the petition ps set forth in Section 190.005�2), Florida Statutes �F.S."1) and also to affor� the petifioner, affected units of local government, and the general public a foir and adequate opportunity to appear at the hearing a�d present oral and wriHen comments (submitted to the Council at or before the public hearing) relevant to the creation of the Old Palm Community Development District fthe "CDD"�. The proposed CDD is located on approximately 651 acres oF land located directly East of the Florida Turnpike, directly North of PGA Boulevard and due South of Hood Road. Approximately 70.52 acres lies East of Central Boulevard and the balance of the total acreage lies West of Central Boulevard, which total area is shown on the map below. Sectton 35, TownsTup 41 9ourh If adopted, the ordinance would create a communify development district and designate the land.area served. The creation of such a district pursuant to Chapter 190, F.S., is not a land development authorization or aPproval. All planning, Permitting and other regulatory requirements pertainmg to development within the land area shall be adhered to pursuant to general or special law or applicable local ordinance. ,The CDD is designed to serve the needs of its property owners by financing constructing, operating and maintaining a portion of the infrastructure anc� community tacilities needed by district property owners, including the surface water management and control system, water distribution system and wast� water collection and transmission facilities, offsite roadway imProvements, offsite landscaping, lighting and entry features, and wetlands mitigation. The CDD will make use of nonad valorem assessments levied on all properfy owners in the district. The specific legal authority for this action is Sections 190.004 and 190.005, F.S. For further information contact Mr. Charles Wu Director of Growth Man- agemen), 10500 Nort�i Military Trail, Palm Beac� Gardens, Florida 33410 at �561 � 799-4243. Affec}ed units of general-purpose local government and the general public shall be given an opportunity to appear at the hearin9 and present oral or wriHen comments on the petition. Should any person decide to appeal any decision made 6y the Council, he or she will need a record of the proceedings and may need to ensure that a verbatim record of the proceedings is made, which record must include testimony and evidence upon which the appeals may be based. In accordance with the Americans with Disabilities Act, persons with disabili- ties needing special assistance accommodations to participate in this pro- ceeding should contact Ms. Patricia Snider, City Clerk, no later than five (5) days prior to the hearing at telephone number �561 � 799-4120 for assis- tance; if hearing impaired, telephone the Florida Relay Service Numbers at (800) 955-8771 RDD) or (800) 955-8700 (VOICE) for assistance: This Notice is published pursuanh to the requirements of Chapter 190.005�1��d�, Florida Statutes. By: Communities Finance Company , PUBLISH: Palm Beach Post November 6, 13, 20, 27, 2002 Date Prepared: December 9, 2002 CITY OF PALM BEACH GARDENS, FLORIDA ORDINANCE 42, 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, ESTABLISHING A COMMUNITY DEVELOPMENT DISTRICT OVER THE REAL PROPERTY DESCRIBED IN EXHIBIT "A" TO THIS ORDINANCE COMPRISING APPROXIMATELY 651 ACRES; NAMING THE INITIAL MEMBERS OF THE BOARD OF SUPERVISORS OF THE DISTRICT; ESTABLISHING THE NAME OF THE DISTRICT AS THE "OLD PALM COMMUNITY DEVELOPMENT DISTRICT"; DESIGNATING THE POWERS OF THE DISTRICT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 190, Florida Statutes, provides an alternative method to finance and manage basic services for community development; and WHEREAS, in accordance with Chapter 190, Florida Statutes, Communities Finance Company, LLC, a Delaware limited liability company ("Petitioner") petitioned the City for the establishment of the Old Palm Community Development District ("District"); and WHEREAS, after proper public notice, the City Council conducted a public hearing pursuant to Section 190.005(1)(d), Florida Statutes, and in accordance therewith makes the following findings of fact: The petition is complete in that it meets the requirements of Section 190.005(1)(a), Florida Statutes, and all statements contained within the Petition are true and correct; and 2. The establishment of the District is not inconsistent with any applicable element or portion of the City's Comprehensive Plan; and 3. The area of land and is sufficiently community; and within the District is of sufficient size, is sufficiently compact, contiguous to be developable as one functional interrelated 4. The establishment of the District is the best alternative available for delivering the community development services and facilities to the area that will be served by the District; and 5. The proposed services and facilities to be provided by the District will be compatible with the capacity and uses of existing local and regional community development services and facilities; and � Date Prepared: December 9, 2002 Ordinance 42,2002 The area that will be served by the District is amenable to separate special- district government. WHEREAS, the City Council determines that the adoption of this Ordinance is in the best interests of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2: The Petition to establish the Old Palm Community Development District over the real property described in Exhibit "A" attached hereto, which was filed by Communities Finance Company, LLC, and which Petition is on file at the Office of the City Manager, is hereby granted. The name of the District shall be the "Old Palm Community Development District." SECTION 3: The external boundaries of the District shall be as depicted on the location map attached hereto and incorporated herein as Exhibit "B." The City agrees that the District may undertake projects outside District boundaries that are required by development approvals and permits applicable to land within the District boundaries. In furtherance thereof, the developer of the land within the District may assign its obligations under such development approvals and permits to the District, subject to consent requirements by the agency issuing the said development approvals and permits. SECTION 4: The initial members of the Board of Supervisors shall be as follows: Mike Millard Roger Dyess Candace Jorritsma John Gora John Ferry 11631 Kew Gardens Avenue, Suite 201 Palm Beach Gardens, FL 33410 11631 Kew Gardens Avenue, Suite 201 Palm Beach Gardens, FL 33410 11631 Kew Gardens Avenue, Suite 201 Palm Beach Gardens, FL 33410 11631 Kew Gardens Avenue, Suite 201 Palm Beach Gardens, FL 33410 24301 Walden Center Drive Bonita Springs, FL 34134 2 Date Prepared: December 9, 2002 Ordinance 42,2002 SECTION 5: The District is created for the purposes set forth in Chapter 190, Florida Statutes. SECTION 6: The Council hereby grants to the Old Palm Community Development District all general powers authorized pursuant to Section 190.011, Florida Statutes and the special powers described in Section 190.012(1), and hereby finds that it is in the public interest of all citizens of the City to grant such general and special powers. Notwithstanding the foregoing, the granting of special powers in Section 190.012(1) is subject to the regulatory jurisdiction and permitting authority of all applicable governmental bodies, agencies and special districts having authority with respect to such powers. SECTION 7: Pursuant to Section 190.005 (2) (d), Florida S#atutes, the charter for the Old Palm Community Development District shall be Sections 190.006 through 190.041, Florida Statutes. SECTION 8: This ordinance is made subject to strict compliance by the Old Palm Community Development District with the disclosure requirements of Sections 190.048 and 190.0485, Florida Statutes. In addition to the statutory requirements, the petitioner shall: Record a Notice of Assessments in the public records against all property within the District once the assessments have been set by the Board of Supervisors. The Notice of Disclosures shall disclose the amount of the annual assessments applicable to the lots within the district and shall provide the name, address and telephone number of the District Manager; 2. Provide each prospective initial retail purchaser with a brochure along with sales materials disclosing the establishment of the District and the anticipated level of assessments applicable to homes within the District; 3. Include in each purchase and sale Agreement with initial retail purchasers a specific disclosure addendum out-lining in detail the existence and function of the District and the estimated assessment amounts applicable to lots within the District; 4. Include in each deed of conveyance delivered to the initial retail purchasers a specific reference to the Notice of Establishment recorded in the public records; and 5. Include within the Declaration o f Restrictions for Old Palm a disclosure of the existence and function of the District and require all owners of homes within the District to disclose its existence and function to subsequent purchasers. Date Prepared: December 9, 2002 Ordinance 42, 2002 SECTION 9: All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance are hereby repealed to the extent of such conflict. SECTION 10: If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. SECTION 11: This Ordinance shall become effective upon adoption. PASSED, FIRST READING PASSED, SECOND READING this day of this day of PASSED, ADOPTED AND APPROVED this SIGNED: MAYOR JABLIN VICE MAYOR SABATELLO ATTEST: PATRICIA SNIDER, CITY CLERK 4 2002. 2002. day of , 2002. COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO I HEREBY CERTIFY that I have approved this ORDINANCE as to form. LEONARD RUBIN CITY ATTORNEY VOTE: ►�_ •: _: VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO AYE NAY ABSENT Date Prepared: December 9, 2002 Ordinance 42, 2002 LI D B E R G L A N D EXHIBIT "A�� SURVEYING, INC. � 675 West Indiantown Road, Suite 200, Jupiter, Fiorida 33458 VOICE 561-746-8454 FAX 561-575-3735 LEGAL DESCRIPTION: PARCEL 31.01 A PARCEL OF LAND SITUATE IN SECTION 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST AND SECTION 2, TOWNSHIP 42 SOUTN, RANGE 42 EAST, WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, A�1D BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35, THENCE NORTH 00°57'25" EAST, ALONG THE WEST LINE 7HEREOF, A DISTANCE OF 2,297.06 FEET; 7HENCE SOUTH 87°56'11" EAST, A DISTANCE OF 301.06 FEET; THENCE NORTH 00°57'25' EAST, A DISTANCE OF 329.96 FEET; THENCE SOUTH 87°56'04" EAST, A DISTANCE OF 2,393.15 FEET TO A CURVE HAVING A RADIAL BEARING OF SOUTH 59°35'10" EAST, A RADIUS OF 2.�7].00 FEET, AND A CENTRAL ANGLE OF 75°39'04"; THENCE PROCEED SOUTNERLY AND EASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 3.399.93 FEET TO THE WEST RIGHT-OF-WAY LINE OF CENTRAL BOULEVARD AS SHOVVN ON RO�D PLAT BOOK 6, PAGE 88 AND AS DESCRIBED IN OFFICIAL RECORD BGuK :>>04, PAGE 945 OF THE SAID PUBUC RECORDS AND A POINT ON A CURVE HA��'lfvG A R�DIAL BEARING OF SOUTH 54'26'54" EAS7, A RADIUS OF 3,879.72 FEET, Ai�lC� A CEy fRAL ANGLE OF 33'23'07"; THENCE PROCEED SOUTHERLY ALONG THE ARC O� SAlD CURVE AND SAID RIGHT-OF-WAY LINE, A DISTANCE OF 2,260.64 FEET TO THE ENG CF SAiD CURVE: THENCE SOUTH 02'09'S9" WEST, CONTINUING ALONG SAID RIGHT-OF-VVAY LINE, A DISTANCE OF 2,868.10 FEET TO THE NORTH RIGHT-OF-WAY LINE OF P.0 A. BOULEVARD AS DESCRIBED IN OFFICIAL RECORD BOOK 7819, PAGE 1428 �OF THE SAID PUBLIC RECORDS; THENCE NORTH 88°22'39" WEST, ALONG SAID NORTH F3±GHT-OF-���IA1�' LINE, A DISTANCE OF 1,011.70 FEET TO THE POINT OF CURVATURE OF GL'Fi`JE i�ONCAVE TO THE NORTH, HAVING A RADIUS OF 11,359.16 FEET; THENCE r��:��, rh'�'1 ��TrRLY ALONG THE ARC OF SAiD CURVE THROUGH A CENTRAL ANGLE OF �% 3"��n :�i�! �'-,RC DISTANCE OF 520.97 FEET TO THE POINT OF REVERSE CURVATURE �;r .-� ::'JR'�J` CONCAVE TO THE SOUTH, HAVING A RADIUS OF 11,559.16 FEET; i H� ��:^� �� �l,'1"H'�:VESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL Atid;'�!_E :'�_ '',`? �t`19" AN ARC DISTANCE OF 576.03 �EET TO A POINT ON THE NORTH ;;I;,HT-��=-'r'iA'� LINE OF P.G.A. BOULEI/ARD AS DESCRIBED IN OFFICIAL RECORD BOC)K '=V t; °aGE 516; THENCE NORTH 80'S8'48" WEST, ALONG SAID NORTH RIGHT- Or !�'.',�.Y i iN� A DISTANCE OF 124.22 FEET; THENCE NORTH 84°28'OS" WEST, �;O�d? INUING HLONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 293.34 FEET TO A PC?If�T �)[�l THE WEST UNF OF THE SOUTHWEST CIUARTER OF SAID SECTlON 2; THErJCE NORTH 02� 1o�3a�� EAST, A DISTANC� OF 119.2a FEET; THENCE NORTH 0� '=�'�3° EaST. ALONG THE EAST RIGHT-OF-WAY LINE OF THE RONALD REAGAN TURr1PIKE (FOR��IERLY THE SUNSHINE STATE PARKWAY). AS SHOWN ON FLORIDA DEPART��1ENT OF TRANSPORTATION RIGHT-OF-WAY MAP STATION 3334+58.46 TO STATION 3:3a3�22.17, SHEET 8 OF 12, DATED JULY 27, 1955, A DISTANCE OF 471.83 FEET; THENCE NORTH 35'24'S3" EAST, A DISTANCE OF 325.37 FEET; THENCE NORTH 46 `3532" EAST. A DISTANCE OF 458.00 FEET; THENCE NORTH 01 °35'32" EAST, A DiSTANCE OF 307.00 FEET; THENCE NORTH 42°49'26" WEST, A DISTANCE OF 521.54 FEET; THGNCE �!ORTH 27'49'26" WEST, A DISTANCE OF 307.24 FEET TO THE WEST LINE OF S.aiD SECTION 2; THENCE NORTH 02°10'34" EAST, AI.ONG SAID WEST LINE, AND ALO��G THE EAST RIGHT-OF-WAY LINE OF SAID RONALD REAGAN TURNPIKE, A DISTANC� OF 371.65 FEET; THENCE NORTH 02'10'08" EAST, CONTINUfNG ALONG SAID WEST LINE. AND SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 2,946.92 FEET • TO TNE F:�INT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. EXHIBIT "A" PARCEL 31.10 � A PARCEL OF LAND SITUATE IN SECTION 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST AND SECTION 2, TOWNSHIP 42 SOUTH, RANGE 42 EAST; WITHIN THE MUNICIPAL L{MITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTtCULARLY DESCRIBED AS FOL�OW S: COMMENCING AT THE QUARTER SECTION CORNER LOCATED IN THE WEST LINE OF SAID SECTION 35; THENCE SOUTH 87°56'04" EAST, ALONG THE EAST-WEST QUARTER SECTION LINE, A DISTANCE OF 2,694.21 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; SAID POINT OF BEGINNING BEING ON A CURVE HAVING A RADIAL BEARING OF SOUTH 59°35'10" EAST, A RADIUS OF 2575.00 FEET, AND A CENTRAI ANGLE OF 75°39'04". THENCE PROCEED SOUTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 3,399.93 FEET TO THE WEST RIGHT-OF-WAY LINE OF CENTRAL BOUIEVARD AS DESCRIBED IN OFFICIAL RECORO BOOK 5104, PAGE 945 AND AS SHOWN ON ROAD PLAT BOOK 6, PAGE 88, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND A POINT ON A CURVE HAVING A RADIAL BEARING OF SOUTH 54°26'S4" EAST, A RADIUS OF 3,879.72 FEET, AND A CENTRAL ANGLE OF 8'04'22". THENCE PROCEED NORTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE AND WEST RIGHT-OF-WAY LINE, A DISTANCE OF 546.64 FEET TO THE END OF SAID CURVE; THENCE NORTH 43°37'28" EAST, A DISTANCE OF 373.82 FEET TO A Ci1R'VE HAVfNG A RADIAL BEARING OF NOR7H 46°35'56" EAST, A RADIUS OF 1,669.35 FEE7, AND A CENTRAL ANGLE OF 92°02'08". THENCE PROCEED NORTHERLY ALONG THE ARC OF SAID CURVE OEPARTING FROM SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 2,681.51 FEET TO THE END OF SAID CURVE TO THE EAST-WEST QUARTER SECTION LINE; THENCE NORTH 87°56'04" WEST, ALONG SAID EAST-WEST QUARTER SECTION LINE, A DISTANCE OF 1,123.80 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. � PARCEL 31.11 A PARCEL OF LAND SITUATE IN SECTION 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST; WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECYION OF THE WEST RIGHT-OF-WAY LINE OF INTERSTATE ?-95 AND THE EAST WEST QUARTER SECTION LINE IN SAID SECTION 35;THENCE SOU7H 28' 00'21" EAST, ALONG THE WEST R1GHT-OF-WAY LINE, A DISTANCE OF 411.88 FEET TO A POINT ON A CURVE HAVING A RADIUS OF 24,688.05 FEET, AND A CENTRAL ANGLE OF 2-22'34". THENCE PROCEED SOUTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE AND WEST RIGHT-OF-WAY LINE. A DISTANCE OF 1,U23.84 FEET TO THE END OF SAID CURVE AND THE NORTHWEST RIGHT-OF-WAY LINE OF CENTRAL BOULEVARD; THENCE SOUTH 43-37'19" WEST, ALONG SAID CENTRAL BOULEVARD R�GHT- OF-WAY LINE, A DISTANCE OF 362.91 FEET; THENCE SOUTH 40-34'08" WEST, ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 751.07 FEET; THENCE SOUTH 46-22'41" EAST, ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 10.00 FEET; THENCE SOUTH 43-37'28" WEST, ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 407.16 FEET TO A CURVE HAVING A RADIAL BEARING OF NORTH 46-35'S6" EAST, A RADIUS OF 1669.35 FEET, AND A CENTRAL ANGtE OF 92-02'OS". THENCE, DEPARTING SAID RIGHT-OF-WAY LINE, PROCEED NORTHERLY AND WESTERLY, ALONG THE ARC OF SAID CURVE. A DISTANGE OF 2,681.51 FEET TO THE EAST-WEST QUARTER SECTION UNE; THENCE SOUTH 87' S6' 03 EAST, ALONG SAID QUARTER SECTION LINE, A DISTANCE OF 210.30 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. � EXHIBIT "A" LESS AND EXCEPT THE ADDITIONAL RIGHT-OF-WAY FOR INTERSTATE 95 CONVEYED TO THE STATE OF FLORIDA, FOR THE USE AND BENEFIT OF THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, BY THE DEED RECORDED IN OFFICIAL RECORDS � BOOK 7481, PAG E 238. CONTAINING 25,290,789 SQUARE FEET OR 580.60 ACRES, MORE OR LESS. � � LI D B E R G L A N D EXHIBIT «A» SURVEYING, INC. . � 675 West fndiantown Road, Suite 200, Jupiter, Florida 33458 VOICE 561-746-8454 FAX 561-575-3735 LEGAL DESCRIPTION: PARCEL 31.08 AND A PORTION OF PARCEL 31.12 A PARCEL OF LAND SITUATE IN SECTIONS 35 AND 36, 70WNSHIP 41 SOUTH, RANGE 42 EAST, AND SECTIONS 1 AND 2, TOWNSHIP 42 SOUTH, RANGE 42 EAST; WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF INTERSTATE 95 AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP SECTIOiV NO. 93220-2474 AND THE EAST R1GHT-OF-WAY LINE OF CENTRAL BOULEVARD AS DESCRIBED IN OFFICIAL RECORD BOOK 5805, PAGE 181, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE ALONG SAID WEST RiGHT-OF-WAY LINE OF 1NTERSTATE 95. SOUTH 30'31'49" EAST, A DISTANCE OF 2307.46 FEET; THENCE DEPARTlNG FROM SAID RIGHT-OF-WAY UNE, NORTH 88°21'18" WEST, A DISTANCE OF 2993.88 FEET TO THE EAST RIGHT-OF-WAY LINE OF CENTRAL BOULEVARD AS DESCRIBED I�1 OFFICIAL RECORD BOOK 5104, PAGE 945, PUBLIC RECORDS OF PALM BEACH COUNTY, �LORIDA AND AS SHOWN ON ROAD PLAT BOOK 6, PAGE 88, PUBLIC RECORDS �F PALM BEACH COUNTY, FLORIDA AND A POINT ON A CURVE CONCAVE TO THE SOUTHGAST, HAVING A RADIUS OF 3759.72 FEET AND FROM WHICH A RADIAL LINE BEARS SOUTH 58�52'43° EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID RIGHT-OF-WAY, THROUGH A CENTRAL ANGLE OF 12°30'11 ", A DISTANC� C�� �?20.4� FEET; THENCE CONTINUE ALONG SAID RIGHT-OF-WAY LINE NORTH 43"'3 � 23" EAST, A DiSTANCE OF 780.99 FEET; THENCE CONTiNUE ALONG SA1D �R1GHT-OF-VV.A`r LINE SOUTH 46°22'41" EAST, A DISTANCE OF 35.03 FEET; THENCE COr�Tir!!JE A! 0�;�� SAiD RIGHT-OF-WAY LINE NORTH 46°10'00" EAS7, A DISTANCE OF a�;o.a� rEET. TNFNCE CONTINUE ALONG SAID RIGHT-OF-WAY LiNE NORTH 51°13'00" EaS;. r; Dis?�^10E 3o2_6s FEET; THENCE CONTINUE ALONG SAID RIGHT-OF-WAY LINE �iGRTH =�:� 3�" 1? EAST. A DISTANCE OF 287.60 FEET TO THE POINT OF BEGINNING OF i Ht. HC=R: It`� !' =S"n^IBED PARCEL. �:;�: f�iT�.i;_; °; _: �'�,)3 SQUARE FEET OR 70.52 ACRES. MORE OR LES5. . i � O �� `- ` ' , ��` - - � y `li �k ; , i' - � � ,1 �� �- � 'P,� 7. ft � e � - . • `���, • � - � � � C \`.2. . \, S� �� y ��} �.�v�,���, `r �;'' � (� � , '�.�`�tuC.`3.f ��:�. � ::t,'+ .., �` 't? .. __ _.,'- ',� � � .'\ . — _ -, _—_ . �a, — � .. - . ; _.__. , . -:�- s"'i"r'�:. � , � .—� . ;; �+ . ��. ~. �; '�.t,. +'^-t,a �, t — � i , r �� " . - � J"�` ' = � � ' 'J �y; . . ��-~ � '� _ _ . , .��r ^' j '� ' , �4� � "'�';� �i�'f�`� : :. . %!�� '<����� ° _ _ _ � z ;�� �_ _ °'``� `�n�::�.; �;=�, : ' o r_ .:�Nj:��� � _ ��: � _z, , p. ._ t� e�� ., , . . Z..- �,: Y �� � � �� � , '' �� . - \\ . � i: � =.4 �p , . �Yv._ .c- - '' , : �l . - . "_,,•''� �.e+�a:s..:�a:'a�.�� '"'.8�� . a��u'n -- -�_ _ . .. � .�.�� '_" —"�_`--�.� � CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: November 25, 2002 Meeting Date: December 19, 2002 Ordinance: 50, 2002 SubjecdAgenda Item: Consideration of Ordinance 50, 2002, extending the expiration dates for approved development orders for Planned Unit Developments, Parcels within Planned Community Districts and site plans expiring prior to January 1, 2003 to December 31, 2003. [X ] Recorr�mendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept: Costs: n/a Council Action: City Attorney City Engineer Current FY [] Approved Funding Source: [ ] Approved with conditions [ J Operating [ ] Denied [ ] Other [ ] Continued to: Submitted by: Advertised: Date: 12/5ro2 City Engineer Attachments: aper: pa�geachPosc gudgetAcct. # [" Not Required Ordinance 50, 2002 Approved by: �� Affected parties: City Mana er [ ] Notified [ Xj Not Required Date Prepared: November 25, 2002 Meeting Date: December 19, 2002 Ordinance: 50, 2002 BACKGROUND: The City Code of Ordinances ailows for a project to anticipate and dictate a date for completion. These dates are included in the traffic analysis for each parcel and become codified in each development order as a"Build-Out" date. The projects development order expires on the build-out date. Code requires a parcel which will not be completed by the Build-Out date to update its traffic impact analysis and request a time extension from the City Council. The time extension modifies the original development o�der build-ou# date to a new date as requested provided there is still traffic capacity on the effected coadways. Currently the City is re-analyzing the 2000 PGA corridor study and updating it to reflect reductions in traffic anticipated from voluntary density reductions and modified site planning (soon to be known as the 2002 PGA CRALLS Restudy). It is difficult for staff to effectively eva{uate new or updated tra�c impact analysis until such time as all the CRALLS re-analysis is completed and some of the anticipated issues resolved. This ordinance allows us the ability to complete the CRALLS re-analysis and then evaluate updated project traffic impact analysis against the new corridor traffic numbers. STAFF RECOMMENDATION: Approval of Ordinance 50, 2002 CITY OF PALM BEACH GARDENS, FLORIDA ORDINANCE 50, 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, EXTENDING THE EXPIRATION DATES FOR APPROVED DEVELOPMENT ORDERS FOR PLANNED UNIT DEVELOPMENTS, PARCELS WITHIN PLANNED COMMUNITY DISTRICTS AND SITE PLANS EXPIRING PRIOR TO JANUARY 1, 2003 TO DECEMBER 31, 2003; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in accordance with section 78-61(c) of the City Code of Ordinances, the expiration dates for development approvals for planned unit developments, parcels within planned community districts, and site plans are governed by the build out period of the development as referenced in the required traffic impact analysis; and WHEREAS, section 78-61(fl of the City Code of Ordinances provides a procedure by which the City Council may extend the time limit for a development order beyond the build out date provided that the developer applies for such time extension and submits an application which includes, among other things, an updated traffic impact analysis and a narrative addressing the "good faith" efforts and progress of the developer; and WHEREAS, PGA Boulevard is subject to a CRALLS (Constrained Roadway at Lower Level of Service) designation; and WHEREAS, the City and the development community have been engaged in a cooperate effort to reduce the amount of trips generated by new development, to eliminate "ghost trips," and to create a comprehensive solution to traffic congestion within the City, particularly along PGA Boulevard; and WHEREAS, the amount of trips allocated to PGA Boulevard is being examined to determine whether additional capacity exists under the existing CRALLS and whether the existing CRALLS designation should be amended to increase the capacity of PGA Boulevard; and WHEREAS, notwithstanding unresolved issues regarding capacity along PGA Boulevard, developers who have been issued development orders which expire on December 31, 2002 will be required to submit updated traffic impact analyses as part of a time extension request; and WHEREAS, based on the updated traffic impact analyses, developers of approved projects may not be able to proceed with development of the their parcels under the trip generations as they exist today; and WHEREAS, based upon the uncertainty regarding traffic capacity on PGA Boulevard, the City Council determines it to be in the best interests of the residents and citizens of the City of Palm Beach Gardens to extend the building out dates for approved, yet incomplete, planned unit developments, parcels within planned community developments, and site plans to December 31, 2003. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2: The City Council hereby extends the expiration date for all approved planned unit developments, parcels within planned community districts, and site plans expiring prior to January 1, 2003 to December 31, 2003. All such development orders shall be automatically extended, thereby eliminating the need for the developer to apply for a time extension in accordance with section 78-61(fl of the City Code of Ordinances. SECTION 3: The City Council hereby directs City staff to initiate a modification to the City's Land Development Regulations to more clearly define the "build out date" for approved development orders. Such modification shall be presented to the City Council for first reading in February 2003 and shall, to the extent feasible, include provisions for the modification of project build out dates prior to the formal adoption of a development order. SECTION 4: All ordinances and resolutions or parts of ordinances and resolutions of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance, are hereby repealed to the extent of such conflict. SECTION 5: If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. SECTION 6: This Ordinance shall become effective upon adoption. PASSED, FIRST READING PASSED, SECOND READING this day of this day of PASSED, ADOPTED AND APPROVED this -2- 2002. 2002. day of , 2002. SIGNED: MAYOR JABLIN VICE MAYOR SABATELLO ATTEST: PATRICIA SNIDER, CITY CLERK VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO P:\CP Win\HISTO RY�021121 Ak13F.174(319.062)Igr-doc337 COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO I HEREBY CERTIFY that I have approved this ORDINANCE as to form. LEONARD RUBIN GTY ATTORNEY AYE NAY ABSENT -3- CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: December 6, 2002 Meeting Date: December 19, 2002 Resolution: 222, 2002 Subject/Agenda Item: Resolution 222, 2002 — Consider approval of the Final Price Quote and Construction Documents for the installation of an outdoor sculpture designed by Costas Varotsos to be housed on City Hall grounds. [ X ] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: $ 225.000.00 Council Action: Angela Wong, Projects (Total) Manager City Attorne Community Services (] Approved $ 0.00 [ ]Approved w/ Current FY conditions Rec ation Division Di�o'''l�.,, O. �„r [ } Denied �IVUIYa.� 1V C��s��� Advertised: N/A Funding Source: [] Continued to: Finance Director Date: [ X] Operating Attachments: Paper: [] Other • Resolution 222, 2002 • Exhibit A: Agreement with Costas Varotsos • Exhibit B: Final Price Quote • Exhibit B: Construction Documents Sub .'tted b : [ X ] Not Required Jac Community S ice Administrator Department Director Affected parties Budget Acct.#: [] None Approved by: [ X] Notified 017-1400-515.6300 Art Impact Capital Improvements City Manager [ ] Not required Date Prepared: December 6, 2002 Meeting Date: December 19, 2002 Resolution: 222, 2002 BACKGROUND: On April 21, 2002, the City Council approved the execution of an agreement with Costas Varotsos for the design, fabrication and installation of an art sculpture to be located on City Hall grounds for the negotiated amount of $165,500, which included a $75,000 artist fee and $90,500 for estimated xeimbursable expenses. As per the agreement, the Artist is required to submit a Final Price Quote and Construction Documents to the City for approval. If the Final Price Quote exceeds the maximum amount of reimbursable expenses, the City may, in its desecration: a) negotiate a new maximum amount of reimbursable costs with the Artist in accordance with the Final Price Quote; b) require the Artist to redesign the project to reduce the Final Price Quote to the established maximum amount of reimbursable costs; or c) abandon the project. The Artist submitted a Final Price Quote in the amount of $225,000 to the City on December 2, 2002. Some of the factors for the increase include demolition of the existing concrete half-circle and replacing it with a cement sidewalk, amendments to the construction specifications, and an increase for architectural/engineering fees. In addition, costs for installing a lighting system was not included in the original quote, which is estimated at an amount not to exceed $14,776. On December 5�`, the Art Task Force reviewed and approved for recommendation to the City Council the Construction Documents and Final Price Quote, which represents a 27% project Price increase from the original estimate. Funding in the amount of $300,000 was originally budgeted in fiscal year 2001/2002 to allow for contingency because this art project was the first of this magnitude. Therefore, monies are available in the Art Impact fund to include the project increase. The project remains approximately $65,000 under budget. STAFF RECOMMENDATION: Approve Resolution 222, 2002 approving the Final Price Quote of $225, 000 and Construction Documents for an outdoor sculpture designed by Costas Varotsos. CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 222, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVfNG THE FfNAL PRiCE QUOTE AND CONSTRUCTION DOCUMENTS FOR THE FABRICATION AND INSTALLATION OF AN OUTDOOR SCULPTURE DESIGNED BY COSTAS VAROTSOS; PROVIDING FOR C4NFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, through the enactment of Resolution 20, 2002, the City Council approved an Agreement between the City and Costas Varotsos ("Artist") for the design, fabrication, and installation of an outdoor sculpture to be housed on City Hall grounds, which is attached hereto and incorporated herein as Exhibit "A"; and WHEREAS, as required by the Agreement, the City is required to approve a Final Price Quote along with Construction Documents submitted by the Artist; and WHEREAS, the City is in receipt of a Final Price Quote for $225,00 and the Construction Documents from the Artist and desires to approve these items as received; and W HEREAS, the City Council finds the adoption of this Resolution to be in the best interests of the residents and citizens of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNGIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council of the City of Palm Beach Gardens hereby approves the Final Price Quote in the amount of $225,000, a scheduled of which is attached here as Exhibit "B", and the Construction Documents, a copy of which is attached hereto as Exhibit "C", both of which are incorporated herein by reference. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shail not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon adoption. RESOLVED, ADOPTED AND APPROVED THIS DAY OF , 2002. ATTEST: PATRICIA SNIDER, CITY CLERK I HEREBY CERTfFY that I have approved this RESOLUTION as to form. LEONARD G. RUBIN CITY ATTORNEY VOTE: MAYOR JABLIN VIGE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO MAYOR JABLIN AYE NAY ABSENT -2- Date Prepared: December 6, 2002 Meeting Date: December 19, 2002 Reso{ution: 222, 2002 EXHIBIT A AGREEMENT WITH COSTAS VAROTSOS AGREEMENT THIS AGREEMENT is made and entered by and between the City of Palm Beach Gardens, 10500 North Military Trail, Palm Beach Gardens, FL 33410 ("City") and Costas Varotsos, c/o C. Grimaldis Ga11ery, 523 North Charles Street, Baltimore, MD 21201 ("Artist") for the design, fabrication, and installation of outdoor Sculptural Elements ("Sculpture") to be housed on City Hall grounds, Iocated at 10500 North Military Trail within the City ("Site"). WITNESSETH: WHEREAS, Artist completed the Schematic Proposal pursuant to the Agreement for Schematic Proposal effective September 13, 2001, a copy of which is attached hereto as Exhibit "A;" and WHEREAS, on December 17, 2001, the City's Municipal Complex Art Task Force accepted the Schematic Proposal of the Artist on behalf of the City; and WHEREAS, the parties wish to enter into this Agreement for the Phase 2: Design ` Development Fabrication, and Phase 3: Shipping and Installation of the Sculpture. NOW, THEREFORE, in consideration of the mutual representations and obligations herein contained the parties agree as follows: Article 1. SCOPE OF PROJECT 1.1 Phase 2: Design Deve/opment. The Artist shall perForm all services and furnish all supplies, material and equipment as necessary for the design, execution, fabrication, transportation and installation of the Sculpture at the Site. 1.1.1 Structural and Design Review. On or before sixty (60) days after the execution of the Agreement, the Artist shaU prepare and submit to the City for review Construction Documents ("CD"), which shall include a site plan that complies with all required setbacks and other City code requirements in addition to detailed specifications and drawings of the Sculpture, including the foundation, by a structural engineer licensed in the State of Florida. The detailed working plans, specifications, and drawings shall include a demolition plan detailing any changes to the c�rrent landscape plan. Artist shall include in the design any lighting plans or specifications (e.g., fiber optics), including a cost estimate for the lighting construction work. Instructions for the appropriate maintenance and preservation of Sculpture shal! be submitted with the Construction Documents. On or before fourteen (14) days after receipt of the CD, the City shall review the working plans, specifications, and drawings of the Sculpture and advise the Artist in writing de whether said plans, specifications, and drawings, including the lighting plans and the cost thereof, are acceptable to the City as submitted. The Artist shall submit a Final Cost Quote for the proposal set forth in the CD concurrently with the CD package. If the Final Cost Quote exceeds the maximum amount of reimbursable costs set forth in section 2.2, the City may, in its discretion: (a) negotiate a new maximum amount of reimbursable costs with the Artist in accordance with the Final Cost Quote; (b) require the Artist to redesign the project to reduce Final Cost Quote to the established maximum amount of reimbursable costs set forth in section 2.2; or (c) abandon the project. If the Construction Documents, specifications, and drawings, or any part thereof are not acceptable to the City, the City shall so advise the Artist in writing. Thereafter, at not cost to the City, the Artist shall revise the detailed working plans, specifications, and drawings so as to meet the criteria of the City, who, acting in good faith, shall promptly review the revised detailed documents. Artist shall also produce and submit to the City such additional relevant information, graphic, non-graphic, and/or descriptive of the Sculpture and/or the Site as is reasonably requested by the City. 1.1.2 Execution of the Sculpture. After the City accepts and approves the detailed Construction Documents, specifications, and drawings of the Sculpture and Site, Artist shall furnish to the City in writing a proposed schedule for fabricating, transporting, and installing the Sculpture. The City shall advise Artist in writing if said proposed schedule is acceptable within seven (7� days after receiving the proposed schedule. If the proposed schedule is not acceptable to the City, Artist and the City shall discuss the City's objection(s) to the proposed scMedule, and the proposed schedule shall be revised so that it is acceptable to the City. The City's acceptance of the proposed schedule sha!! be in writing and shall be made in good faith. After written acceptance of the schedule by the City, the schedule may only be amended by written agreement befinreen Artist and the City. Upon receipt of the City's written acceptance of the schedule for fabricating the Sculpture, Artist shaff fabricate the Sculpture pursuant to the agreed upon schedule and in conformitywith the plans, specifications, and drawings that were accepted and approved by the City. Artist shall not materially deviate from the p{ans, specifications, and drawings that were accepted and approved by the City without the prior written authorization from the City. During the fabrication of the Sculpture, the City and any representatives thereof shall have the right to inspect the Sculpture at reasonable times. -2- ) 1.2 Phase 3: Delivery and Installation. The Artist shall notify the City in writing forty-five (45) days prior to the time the Sculpture is completed and is ready for delivery and installation at the Site. The City or one of its representatives, at the City's discretion, shall upon reasonable notice to the Artist inspect the Sculpture before delivery to the Site. Upon written acceptance by the City, the Artist shall coordinate, deliver and install the Sculpture on site, including the construction of the foundation for the Sculpture. 1.3 Post-Installation. The Artist shall be available to attend any inauguration or presentation ceremonies relating to the Sculpture at the Site, provided such ceremony occurs no later than one (1) day after installation is complete. 1.4 Final Acceptance. Within seven (7) days after the Sculpture is installed at the Site, the City shall advise Artist in writing whether the Sculpture as installed is acceptable. "Final Acceptance" of the Sculpture by the City shall occur when the City advises Artist in writing that the Sculpture is acceptable. Title to the Sculpture shall pass from Artist to the City, subject to the provisions of Articles 6 and 7 herein, when the City notifies Artist that the Sculpture is acceptable. Final acceptance shall not be withheld if the sculpture conforms to the plans and specifications in the Construction Documents. 1.5 The Ownership ofDocuments, Models. Upon Final Acceptance of the Sculpture by the City, the Artist shall grant to the City title to the Schematic Proposal, models, drawings, digital images, and video. Article 2. COMPENSATION AND PAYMENT SCHEDULE. 2.1 The City shall pay to Artist a fee in the amount of $75,000, inclusive of any gallery commission. This Artist fee shall be payable as follows: 2.1.1 Preliminary Design Proposal. The City has paid the Artist an initial fee of $3,000 for Phase 1: Schematic Proposal. This initial fee may be retained by the Artist and no part of it shall be refunded. 2.1.2 Phase 2: Design Development. Upon execution of this Agreement, the City shall pay the Artist the sum of $8,500, less the $3,000 previously paid, for a total of $5,500. All payments are to be made within thirty (30) days from receipt of invoice. 2.1.3 Consfrucfion Documents and Cost Quotes Approval. Upon City's approval of the Construction Documents and Final Price Quote, the City shall pay the Artist the sum of $16,500. All payments are to be made within thirty (30) days from receipt of invoice. -3- � V 2.1.4 Fabrication. The City shall pay the Artist the sum of $10,000 at such point in the fabrication of the component materials of the Sculpture whereby such components can be inspected by the City for their conformity to the specifications as set forth in the Construction Documents. 2.1.5 Phase 3: Shipment and Execution of the Sculpture and Installation. The City shall pay Artist a final payment of $40,000 after final fabrication and installation of the Sculpture on the Site when it notifies the Artist that the Sculpture is in conformity with the CD plans, specifications and drawings previously approved by the City. 2.2 The City shall reimburse Artist for all costs incurred in Design Development, Execution, and Delivery and Installation in a total amount not to exceed $90,500, or such other amount negotiated and approved by the City after submission of the CD and Final Cost Quote. The Artist's original cost estimate is attached hereto as Exhibit "B" and incorporated herein by reference. 2.2.1 Reimbursable costs shall include the cost of materials (glass, steel and paint), in addition to engineering fees, the cost of constructing the foundation, and the cost of installation. 2.2.2 Artist shall obtain at least two documented bids for all reimbursable costs. The City may waive this requirement if Artist can demonstrate that the necessary materials or services are only available from a sole source. 2.2.3 The City shall reimburse Artist for the costs outlined in this section upon submission of detailed invoices substantiating such costs, along with written documentation that Artist received more than one bid, unless such requirement has been waived by the City. Such requests for reimbursement shall be submitted with invoices for payment of the Artists fee as detailed in section 2.1 above. 2.2.4 The cost of lighting construction for the Sculpture shall be considered a reimbursable cost. All lighting costs shall be reviewed and accepted by the City as provided in section 1.1.1. Once agreed upon by the City and the Artist, lighting costs shall be treated in the same manner as all other reimbursable costs. 2.3 Reimbursable Payment Schedule. Reimbursable costs shall be paid in accordance with the amount established in section 2.2. 2.3.1 Upon Approval by the City of the CD and Final Cost Quote, the City shall advance the Artist one-third (1/3) of the total amount of reimbursable costs approved by the City ("Advance Payment"). Receipts for the Advance Payment shall be submitted to the City on a monthly basis. -4- 1 2.3.2 After the receipts have satisfied the Advance Payment, the Artist shall submif receipts and invoices to the City for such costs not to exceed the total amount of reimbursable costs. The City shall pay all invoices within thirty (30) days of receipt. 2.4 Taxes. Any and all taxes, including but not limited to, sales, use, or excise taxes, and any and all similar charges relating to the Sculpture and any services and materials provided by Artist shall be paid by the Artist. The City, being a tax-exempt entity, shall not pay any sales tax incurred by the Artist. 2.5 Artist's Expenses. The Artist shall be solely responsible for the payment of expenses incurred in making submissions to the City and all travel expenses incurred by the Artist and the Artist's agents and employees in performing the services required under this Agreement. 2.6 Artist's Agent. C. Grimaldis Galtery shall act as Agent for the Artist with respect to all payments made by the City. Payment to the Artist's agent shall be considered payment to the Artist pursuant to the terms of this Agreement. Article 3. TIME OF PERFORMANCE. 3.1 Early Completion ofArtist Services. The Artist shall be solely responsible for any and all transportation and storage costs resulting from the completion of his services hereunder prior to the time agreed upon for installation of the Sculpture. Article 4. WARRANTIES. 4.1 Warranties of Title. The Artist represents and warrants that: (a) the Sculpture is solely the result of the artistic effort of the Artist; (b) the Sculpture is unique and original and does not infringe upon any patents or copyrights; (c) that the Sculpture, or a duplicate thereof, has not been accepted for sale elsewhere; and (d) the Sculpture is free and clear of any liens from any source whatever. 4.2 Warranties of Quality and Condition. The Artist represents and warrants that: (a) the execution and fabrication of the Sculpture will be performed in a professional manner; (b) the Sculpture, as fabricated and installed will be free of defects in material and workmanship, including any defects consisting of "inherent vice", qualities which cause or accelerate deterioration of the Sculpture, or gross negligence in the material structure or installation methods of the Sculpture; and (c) maintenance of the Sculpture will not require procedures otherthan those described in the detailed plans, specifications, and drawings thatwere accepted and approved by the City. -5- , t Article 5. RISK OF LOSS, INSURANCE AND INDEMNITY. i 5.1 Risk of loss. The Risk of Loss or damage by any cause or any reason to the Sculpture shall be borne by the Artist until Final Acceptance and the Artist shall take steps such as is necessary to protect the Sculpture from loss or damage until Final Acceptance. 5.2 Artist's Life Insurance and Disability. From the date of this Agreement until final installation, the Artist shall at his expense carry life and disability insurance in favor of the City (and deliver evidence of such coverage to the City) in such an amount as shall be sufficient to reimburse the City for the actual amounts paid to the Artist from time to time prior to his death or disability. 5.3 The City's Responsibility. The City's acceptance of responsibility for the Sculpture shall occur concurrently with the City's Final Acceptance of the Sculpture pursuant to Paragraph 1.4. Notwithstanding the foregoing, the City's responsibility shall not include that which is warranted by the Artist in Paragraph 4.2 and shall not be deemed to be a waiver of the warranties provided therein. 5.4 Artist Indemnity. The Artist shall indemnify, protect, and save harmless the City, and all of its respective members, agents, officials, and employees from and against all injuries, deaths, loss, damages, claims, patents claims, suits, judgments, costs and expenses, including attorney's fees, which may in any way accrue against said entity or individuals, including any damage to property or buildings, relating to the work to be performed, or being performed, pursuant to this Agreement. Article 6. REPRODUCTION RIGHTS. 6.1 General. The Artist retains all rights under the U.S. Copyright Act, 17 U.S.C. 101 et seq., as amended, and all other rights in and to the Sculpture except ownership and possession and except as such rights are limited by this Section 6.1. In view of the intention that the Sculpture in its final dimension shall be unique, the Artist shall not make any additional exact duplicate, [three]- dimensional reproductions of the final Sculpture, nor shall the Artist grant permission to others to do so except with the written permission of the City. The Artist grants to the City and its assigns an irrevocable and royalty free license to make two-dimensional reproductions of the Sculpture for non-commercial purposes, including but not limited to reproductions used in advertising, brochures, media publicity, and catalogues or other similar publications. 6.2 Notice. All reproductions of the Sculpture by the City shall contain a credit to the Artist and a copyright notice substantially in the following form: O ARTIST NAME, date of publication. � � � 6.3 Credit to City. The Artist shail use his best efforts to give a credit reading substantially, "work owned and commissioned by the City of Palm Beach Gardens," in ar►y public showing under the Artist's control of reproductions of the Sculpture. Article 7. ARTIST'S RIGHTS. 7.1 Idenfi�cation. The Artist shall design, prepare, and install at the Site, pursuant to the written instructions and prior written approval of the City, a plaque identifying the Artist, the title of the Sculpture and the year of completion. The cost of fabrication and installation shall be treated as a Reimbursable Cost as defined in section 2.2. 7.2 Maintenance. The City recognizes that maintenance of the Sculpture on a regular basis is essential to the integrity of the Sculpture. The City shall reasonably assure that the Sculpture is properly maintained and protected as specified in the detailed working plans, specifications, and drawings accepted and approved by the City. The Artist represents that the Sculpture has been designed, fabricated, and installed to accommodate the routine annual cost of the Maintenance as set forth in the detailed working plans, specifications and drawings. 7.3 Repairs and Restoration. 7.3.1 The City shall have the right to determine, after consultation with a professional conservator, when and if repairs and restorations to the Sculpture will be made. During the Artist's lifetime and competency, the Artist shall have the right to approve all repairs and restorations, provided, however, that the Artist shall not unreasonably withhold approval for any repair or restoration of the Sculpture. If the Artist unreasonably fails to approve any repair or restoration of the Sculpture, the City shall have the right to make such repair or restoration. At the City's discretion and to the extent practical, the Artist, during the Artist's lifetime and competence, shall be given the opportunity to make or personally supervise significant repairs and restorations and shall be paid a reasonable fee for any such services, provided that the City and the Artist shall agree in writing, prior to the commencement of any significant repairs or restorations, upon the Artist's fee for such services. 7.3.2 All repairs and restorations shall be made in accordance with recognized principles of conservation. 7.3.3 If work is required due to breach of warranties by the Artist within finro (2) years after Final Acceptance, the Artist shall correct same, at his expense. 7:4 Permanent Record. The City shall maintain on permanent file a record of this Agreement and of the location and disposition of the Sculpture. -7- j ) 7.5 Artist's Address. The Artist shall notify the City of changes in his address. The failure to do so, if such failure prevents the City from locating the Artist, shall be deemed to be a waiver by the Artist of the right subsequently to enforce those provisions in this Agreement that require the express approval of the Artist. Nofinrithstanding this provision, the City shall make every reasonable effort to locate the Artist when matters arise relating to the Artist's rights, including notifying the Artist's agent. 7.6 Surviving Covenants. The covenants and obligations set forth in this Article 7 shall be binding upon and inure to the benefit of the parties, their heirs, legatees, executors, administrators, assigns, transferees and all their successors in interest, and the City's obligations attach and run with the Sculpture and shall be binding to and until ten (10) years after the death of the Artist. However, the obligations imposed upon the City by Section 7.3.1 shall terminate on the death or incompetence of the Artist. The City shall give any subsequent owner of the Sculpture notice in writing of the covenants herein, and shall cause each such owner to be bound thereby. Article 8. ARTIST AS INDEPENDENT CONTRACTOR. 8.1 The Artist shall perform all work under this Agreement as an independent contractor and not as an agent or an employee of the City and shall indemnify and hold the City, and all of its respective members, agents, officers, and employees harmless from any loss, damage, and expenses, including reasonable attorney's fees, arising from any claim by any person or entity that the Artist did not act as an Independent Contractor. Article 9. ASSIGNMENT, TRANSFER, SUBCONTRACTING. 9.1 Assignment or Transfer of Interest. Neither the City nor the Artist shall assign or transfer an interest in this Agreement without the prior written consent of the other. Article 10. TERMINATION. 10.1 If either party to this Ag�eement shall fail to fulfill in a timely and proper manner, or otherwise violate, any of the covenants, agreements or stipulations of this Agreement, the other party shall thereupon have the right to terminate this Agreement by giving written notice to the defaulting party of its intent to terminate, specifying the grounds for termination. The defaulting party shall have thirty (30) days after receipt of the notice to cure the default. If it is not cured, then this Agreement shall terminate. 10.2 In the event of default by the City, the City shall promptly compensate the Artist for services perFormed by the Artist prior to termination. In the event the City questions the reasonableness of the cost of services performed, Mr. Joe{ Straus (J.S. � �. � ; � Consulting, 1404 West Thorndale, Chicago, IL 60660) will determine "reasonable costs" which shall be paid. 10,3 In the event of default by the Artist, all finished and unfinished drawings, sketches, photographs, and other work products prepared and submitted or prepared for submission by the Artist under this Agreement shall at the City's option become its property provided that no right to fabricate or execute the Sculpture shall pass to the City. The Artist shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Agreement.by the Artist, and the City may reasonably withhold payments to the Artist until such time the exact amount of such damages due the City from the Artist is determined. Article 11. CONTRACT ADMINISTRATOR. 11.1 The ContractAdministratorforthis Agreement shall be the City Manager. Wherever this Agreement requires any notice to be given to or by the City, or any determination or action to be made by the City, the City Manager shall represent and act for the City. Article 12. COMPLIANCE. 12.1 The Artist shall be required to comply with Federal, State and City law, statutes, ordinances and regutations applicabfe to the performance of the Artist's obligation under this Agreement. Article 13. ENTIRE AGREEMENT - AGREEMENT WITH THE CITY. 13.1 This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Article 14. MODIFICATION. 14.1 No alteration, change or modification of the terms of this Agreement shall be valid unless made in writing and signed by all parties hereto and approved by appropriate action of the City. Article 15. WAIVER. 15.1 No waiver of perFormance by either party shall be construed as or operate as a waiver of any subsequent default of any terms, covenants or conditions of this Agreement. The payment or acceptance of fees for any period after a default shall not be deemed a waiver of any right or acceptance of defective performance. � { I Article 16. GOVERNING LAW. 16.1 This Agreement, regardless of where executed or performed, shall be governed by and construed in accordance with the substantive laws of the State of Florida. Article 17. HEIRS AND ASSIGNS. 17.1 This Agreement shall be binding upon and shall inure to the benefit of the City and the Artist and their respective heirs, personal representatives, successors and permitted assigns. Article 18. ARBITRATION. 18.1 All disputes or controversies that may arise between the parties with respect to the performance, obligations or rights of the parties under this Agreement shall be settled by binding arbitration to be held in Palm Beach County, Florida, in accordance with the then current Rules of Commercial Arbitration of the American Arbitration Association. 18.2 The_dispute shall be referred to a panel of three arbitrators, one to be selected by the Artist, one to be selected by the City and the third to be selected by the first two. If an agreement on the third arbitrator cannot be reached within thirty (30) days after the appointment of the second arbitrator, such arbitrator shall be appointed by Joel Straus. 18.3 The decision and award of the arbitrators, or that of any two of them, shall be final and binding on the parties, and judgment may be entered upon it in any court having jurisdiction thereof. Article 19. NOTICES. 19.1 All notices, requests, demands and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery, if delivered personally, or if sent US Postal Service by placing into a US Postal Service Depository and sent by registered or certified mail, return receipt requested, postage prepaid as follows: If to the City: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: Ronald Ferris, City Manager -10- , } COpy t0: Leonard G. Rubin, City Attorney Watterson, Hyland & Klett, P.A. 4100 RCA Boulevard, Suite 100 Palm Beach Gardens, Florida 33410 If to the Artist: Costas Varotsos Koritsas 42 Athens 17455 GREECE Copy to: Artist's Agent C. Grimaldis Gallery 523 N. Charles Street Baltimore, Maryland 21201 ; } IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. (Remainder of page intentionally left blank — signatures on next page] -11- , I Attest: , City Clerk R�kn4� �,.�d�. Approved as to Form: Leonard G. Rubin, City Attorney Wit se by: CITY OF Flor' a mun By: i � BEACH GARDENS, a �r�oration Date: o�- �Y -�- ARTIST: �i� Costas Varotsos Date: � -�/ - 2-� Z P:\CPWin\HIS RY�020115A�43F.DC(319.062)Igr-doc192 -12- �� �...,... .� EXHIBIT A , j , ) '�` AGREEMENT FOR CREATION OF SCHEMATIC PROPOSAL THIS AGREEMENT is made and entered by and between the City of Palm Beach Gardens, 10500 North Military Trail, Palm Beach Gardens, FL 33410 ("Citj�') and Costas Varotsos, Koritsas 42, Athens 17455 GREECE ("Artist"). WlTNESSETH: WHEREAS, working in conjunction with Joel Straus Consulting, the City's Art Consultant, the Municipal Complex Art Task Force has recommended retaining Artist to prepare a design for artwork to be located on the City Hal� grounds, located at 10500 North Military Trail within the City ("Site"). NOW, THEREFORE, in consideration ofi the mutual representations and obligations herein contained the parties agree as follows: Proiect Descripfion A. The Projeet shall consist of three phases: Phase 1: Schematic Proposal; Phase 2: Design Implementation; and Phase 3: Shipping and Installation of the Sculpture. B. The Artist shall design a Schematic Proposal for approval by the City. C. Artist shali design, fiabricate, ship, and instail a site-specific, outdoor sculpture or series of sculptura{ elements ("Sculpturen} to be installed on the Site as designated on Appendix 1. The Sculpture shall be designed specifically for, and integrated into, the existing Site and shall comply with all wind, storm and other city, county and state specifications pe�taining to outdoor construction. D. _ The ful! scale Sculpture realized from the design concept of the Schematic Proposal shall have a total budget not to exceed $100,000, ("Project Budget"). The Project Budget is inclusive of all artwork design fees, fabrication of the Sculptural Elements, insurance requirements, all travel costs, shipping, crating, and installation and all other costs associated with the implementation of the Schematic Proposal, unless otherwise specifically excluded in writing. The Project Budget is al{ocated accordingly: Phase 1: 2 payments, Phase 2: two payments less $3,000 for Phase 1, and Phase 3: one payment after installation and acceptance by the City. E. The Artist shall be responsible for hiring and paying for a stru�tural eng+neer, licensed in Florida, to design the connections and permanent foundation systems for support of the Sculpture. The installation and costs of all connections systems to the foundation for the Sculpture shall be the Artist's responsibility. -1- f f / 1 `' F. The Cify shail grant a$5,000 aliowance for the cost of the construction of the foundations for the Sculpture. The Artist shall be the sole responsible party for the complete design and instaHation of the Scufpture, and its foundations. 2. Schematic Proposal The Artist shaf{ create a Schematic Proposa! for the Site in a mutually agreed upon format (model, drawing, video, etc.) which sha{I consist of: (1) the design intent, the approximate proportions and size of the Sculpture, and the materiafs used; (2) a projected budget of itemized costs including fabrication, installation, fees, travel expenses, insurance and any delivery charges to the Site (°Proposal Fee"); and (3) the length of time to complete the Project. The Artist shall provide a detailed and explicit description of any specia! equipmeni, methods, and changes to the Site that will be necessary for the impfementation of the Project. All visits to the Site deemed necessary by the Artist shaH be included in the Proposal Fee. The date fior completion, preseniation and delivery ofi the Schematic Proposal is to be mutually agreed upon by the parties, but no later than November 15, 2001. 3. Pavment For Phase 1: Schematic Proposal, the City shall pay the Artist an initial sum of tw�o thousand dollars ($2,000} upon execution of this Agreement by both parties. The City shall pay the Artist an additional one thousand dollars ($1,000) upon delivery and presentation of the Schematic Proposal to the City by the agreed date of completion. 4. Authorizaiion There is no agreement, either express or implied, that the City shall issue to the Artist a Notice to Proceed to Phase 2: Design Implementatian of the Project or for any other phase. If the City accepts the Schematic Proposal, the City shall enter into a Contract with the Artist to continue to the next phase of the Project. Completion of the Project shall be on a mutually agreed upon schedule and shall stipulate the approved funds for each particular phase. 5. Intellectua! Prot�ertv Riqhts 1f the City accepts the Schematic Proposal, the Artist shall grant to the City title to the Schematic Proposal, models, drawings, digital images, and video, in addition to a non- exclusive royalty-free license to reproduce analogue and digital images of the Schematic Proposal for advertising and publicity purposes vnly. -2- � . _.. � � ` ' 6. Miscellaneous Provisions , .� i � A. This Agreement constitutes the entire understanding and agreement between the parties with respect to the subject matter hereof. B. All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors, and permitted assigns. C. 1f any part of this Agreement is contrary to, prohibited by or deemed inva{id under applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited or invafid, but the remainder hereof sha{I not be invalidated thereby and shall be given full force and effect so far as possible. D. This Agreement and all transactions contemplated by this Agreement shall be govemed by, and construed and enforced in accordance with, the iaws of tt�e State of Florida without regard to any contrary conflicts of law principle. Venue of all proceedings in connection herewith shait iie exclusively in Palm Beach County, Fforida, and each party hereby waives whatever its respective rights may have been in the selection of venue. E. This Agreement may not be modified unless such modification is set forth in wrifing and signed by both parties. F. This Agreement may not be assigned without the prior written consent of all parties to this Agreement. G. It is hereby understood and agreed that in the event any lawsuit in the judicial system, federai or state, is brought to enforce compliance with this Agreement or interpret same, or if any administra#ive proceeding is brought for the same purpases, the non- prevailing party shall pay to the prevailing party reasonable attomey's fees and costs, including appellate fees and costs. H. The effective date of this Agreement shall be as of the date it has been executed by ali the parties hereto. (The r�mainder of this page inien�onal/y left blankJ -3- , ' • ' _� � 1 � �• • '' IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. ,. •'� � •• ,., ; � j �: . ._ l� .•.. � . � � . /� � .%� A . .+ - %••-• • • � _ :! � � Attest: Carol Goid, ty Cierk Approved as to Form: Leonard G. Rubin, City Attorney Witnessed by: ARTIST: r � Costas Varotsos Date: 9'./,7��.,� P:\CPWin\HI STORY1010821A143F.83(319.062)I gr-doc152 � Varotsos Project Estimate ,�... , ,-..j �, ���,�� ;� '� � , r� � x H Gd H H bd 0 Date Prepared: December 6, 2002 Meeting Date: December 19, 2002 Resolution: 222, 2002 EXHIBIT B FINAL PRICE QUOTE - COSTAS VAROTSOS �j�$�� Varotsos Sculpture Budget 12/9/2002 Item Original WD Variance % Variance Notes Glass $16,900.00 $29,322.00 $12,422.00 42% Original glass estimate calculation based on a thinner glass Acceptable variance- structural design changes increase to 1/4 gage of one Steel Fabrication $26,000.00 $29,000.00 $3,000.00 10% elemenf Paint $6,000.00 $8,500.00 $2,500,00 29% City request for 3rd paint coating Architect drawings 2,753.87/ engineering $6,797.20 Variance significantly Architectural/ Engineering $2,500.00 $9,551.07 $7,051.07 74% higher caused by major structural design changes City had given a$5,000 allowance in addition to $10,000 originally budgeted. Foundation $10,000.00 $21,500.00 $11,500.00 53% Increase due to sidewalk changes 10123IO2 est.- $21,500. $5,000 increase or 19% due to paint contractor Installation $19,000.00 $26,500.00 $7,500.00 28% performing installation. Contingency $4,000.00 $4,000.00 $0.00 0% Subtotal $84,400.00 $128,373.07 $43,973.07 34% Allotted in Contracf $90,000.00 $128,373.07 $38,373.07 30% Lighting System $0.00 $14,776.93 $14,776.93 100% Plan still underway Demolition $0.00 $0.00 $0.00 City will let out contract. Landscaping (City) $0.00 $6,850.00 $6,850.00 100% no original estimate Artist Fees $75,000.00 $75,000.00 $0.00 0% Total $165,000.00 $225,000.00 $60,000.00 27% �_-- .-- ; C.Gf�IM/�LDIS G/�LLERY Varotsos Sculpture Project Revised Estimate 12-02-02 Steel Fabrication: Steel element "A" 3/8" gauge Steel element "B" 1 /4" gauge Structural studies required the extra strength where the glass level reaches the higher level of 2.8 meters (Steel element A) Gtass• 2,700 pieces of 84" x 8" x 1/4". With seemed edges. Installation• Price to include crane and rigging equipment, field welding and grinding, and all necessary full penetratian welds. It includes 4 workers for two weeks for glass installation, as well as silicone for the glass installation. Paint• Blast and paint 3 coats dark gray (artist's specification) with matte, urethane epoxy. Includes on site painting of welds and general touch up. This price includes freight from fabricator to job site. Engineerin� Fees: We have already paid to Nalywajko and Associates $5,742.50 for the following invoices: 523 N. CHARLES STREET BALTIMORE, MARYLAND 21201 410-539-1080,1092 FAX 410-539-2229 Revised Estimate $ 29,000.00 50% deposit required with order for fabrication $ 29,322.00 50% deposit required upon ordering $ 26,500.00 50% deposit required $ 8,500.00 50% deposit required $ 6,797.20 � . .. a $875.00 on 12-31-01, $2,312.50 on 9-30-02 $2,555.00 on 10-31-02. Open invoice 11-30-02 for $1,054.70 Site Plan Architectural Fees: Already invoiced_ Foundation• Includes sculpture footings and new sidewalk. Price does not provide for demolition of existing structures. Subtotal Costs• Artist's Fee: Total for Project: Additional Costs: (Not pertaining to the scul,pture directly� Landscaping costs (provided by the Parks Dept. City of Palm Beach Gardens) $ 2,753.87 $ 21,500.00 $124,373.07 $ 75,000.00 $199,373.07 $ 6,850.00 Date Prepared: December 6, 2002 Meeting Date: December 19, 2002 Resolution: 222, 2002 EXHIBIT C CONSTRUCTION DOCUMENTS � %s`I�t�'� sy % �E`i`r .+Po4GFd . � D �r- IM��11�1� ��3 DuPo�t i-%�gh PerFonrnance Gaatings T� o-package alphatic pdyurethar�e ORSO�iptlon: FlytRpM 333 P4ly�rethane iA e hi so1Ms, iwu• paqka�. VOC Cantofm+t�ptoduc�COnslstir� a1 e pigmente6 enamsl (c0aed 333co�or) whlch �s �yeseU on patenteC puPont reain tec:h�alo�y 8nd an isocyanete activetor (VQ�6005j. tt is an extremsly durable finish havin outstuft�ing gloss And ca�cu retentioR. IMFiON'�3� hes excellerrt initi&t�tass as w�lt as outatendin0 abrABlon M8latanCe andflt►xlb�►ity. It� chemica! re�ietands Is autstanding, 4DP Is the cuscam color varsio� o� iMF:ON� 333. 8uggsstsd Us��: • harah chemicel � B�dges environrnenls � Offshore struCtur��s • HAre� marine � Rowe� piants environrnenta • diroct to eged • Chemlr�l pla�t8 �aivars�zecf or irsltted + Oii r�Hneries afum�nurn • Paper mills Not R�corntrwnd�d �M: �mmsrs�on servics Compstibllky Wilh Othsr COlitkt _—___., Can be �ppfie0 �ireCtiy �over �RLAR" 823 rs� 825 9@f(e8 apoxl@s,1MRON� pritt�ib!, DuPOflt 2�fr, QuPont 681 Fp Arimer or puPoM industridl acrytic emu�sion, For sa�e of topeoaUn�j, a 51mil�tr, out �eot �dernfcst, caloted p�im�sr �s supq�ted• Csn t�0 appiiecS over OANIC�N' inorqanic zinc if e t�► c�oa1 is uaed. Othvr �uPcr�t e�+�yd tinighes eCfq prMsrs �nust � Cuted b�fote topootitit�. MAy be itseA o�'or r�l8rly 04� Nnishes efter b8ling for tlfhtn� of aid fin�sh. May be a�ppli�d v+�w itzsN with� add;nuna; surf�aca P►aD�rsUon, Dry Fltn► Charae3��l�tics: � � Acios-Excellent' Solvent9-Very poc•ci Alkeltes•-Exeelisnt Cotor & {iioss Humidity�-Excetlen� Rsterttior�-ExoeiVent Salts-Exr�!Isnt J1b+e�slnn 6 Mechar►ical Weather-Excellent Rbuae-Excellent ` 9e� nCdrtwrlel CofnmerUS �t3. � Mazlmurn 5rnricv T�mpiMStun: 2p0°F 93°C) i� Conhnuaua Senr�ce 300°F �148°C} in inte�rnitt�rn hewt ; Son�a yelbMring ot �iph! colprs may accur a1 i eleveteq temPe+aturea. high solida polyuretha�s enamels Volum� Solids (1�llx�clj: 83°�a wt�4e end light tint9 rww4t�i saias ��x�a): ._ _....__ 7a°io White as►d li�ht Nnts we1�h: P« cia��wt (1N�xea>: - ...� _ 10,4 tb. wFwta �nd t'y�ht tints 4.7 Kg. white arid liph! tints YWatlFe Oryanic �om�1Ou�d (YOC) T'haoretical: .-� kess thpn 2.81bs./gai avg. ►ess ihan 328 9rema/liter avg. Sup� stW F1►m ThicK�ess: 2=9 mils (54-T5 µm) wet 1.5-2 rnifa (37-50 µm1 dry Cowrps P�r Gallon:* -.-_.._._._..._..__.�.� 'Ci0 tf' (2a.7 m'ILf � t mil 6731t? (t8.$ rtt2/tj � 3 &f suggested dry fum tfi+ckness of ?.5 mils 'Me�vri�t btc�i Ourinp mfx(np eni appliC�Gon will •rsry pnd mus: pp tWcpn in!o Co�+3lderetlol� whon e5:imbtinq )Gb n4uh+rt±M�e• O toss; >90 � 60' Colors: '�` _r......._----------�— Availsble in moat �nvironr.+er�tel cobrs and cuctom coiors fvom ihe HPC Cofvr Seloctor, �lash Point {tp qossd Cup): $efw�n 70'-73°� (-6° to 23'CJ Bh«ff Lit�: 12 mon!!ss rninirnum Ap�sttaotion Thino�s�s: Spray. 7�8805-Belaw 60°F, Y•32401-Abov9 8�°F BtUBh. Roil: Y•32401 potling Aclditive: R7002P � Ciaan-Iip Thipn�r�: T•88o� Of a��iC PacWtgln� _ � _._._.._.._..---_..._. _�..._--__..__..----_. Enamr:� t'e (75°� fuA): 8'8 (cantu�nine 3 gall�ns) A�tivator: Quarts and gallona ShippinQ Wst�ht (Lbs): _.....-�_._____.--°.,".__.._....,, —_ Ensfruf Acdvaror t gauon conta+ners-8 � quart..orn�:ner•-3 5 qallon canteiners-•32 � gelloi, con�alnFr-9 ��: i���n„rN astNCe rccommw�O�UOn� mo M�v,oM v� �����o oy mr �wn� vet�� 7ha e.e 6rua �r acMKa� aa�e w�xrt qw 8eqa t+�+� w W��uobw. �oo e�•• omnaoo ia �w w p��e��+ rw�.,�p e.x� a�,a �,ru.no» �t �nou awn auirxian aro ;ia� 7iNr �w.mr{ no nepe^pGIM �a r.auw otrerM o• A�re�es �mN�wa.r�van ys. oY P�p.� n.�a.a •, Gx Guan :.aarn��,e,oi�.>„� �a.•�•.rn� e,l+�•;� pr ��nKes irY Roi le M IWn es t wa�tx b apM�t1 u+tFx Of ,m�nwe w a:aCeai v�n��pe+ns�i� v aryy e�,Ninp Wbn; �. a: .. . � ., AQPLICAYION INS�'RUCTIONS Surf�c� Prep�vstlon: Plewiy pr+rned surie�ces shc�uld be claan a,nd dry. If r.ontaminated, dstergBnUwater wash, tnen b+vw Ory. Prev�ously painted surfaces should hev$ a!I loose pairtt re+noved anQ tha edaes feathered. Prime bere spots with appropriate primer, AOtIVOqOn: 7horougAly mix 3 psRa of ename�, then ddd 1 part of VG�6�05 activator whi�e stirnng. No inauct�on perii�tl IS necesBBry. Pvt Lifa: 3-5 hours � 7J'°F 8� 509'o R.h1. (without cetetysiy Reductbn: Normafiy, !•�% recuolwn is atlequate tor spray. None �s req�irea (or 4rush a ro11 applicatian. T�is produM is des�gned 10 compiy +asth maximum VQC of 2,d L.�:s.j ga�. (34p gll) end t!�s addhion ot 1895 (o� 389S} <<nd thin�er shou�d not e�ceed spadfic Ilmlts an eacn color. If bubb�es develop du►ing rO:�er qppiication, add 1 oz. FIi002P per acliv8ted �aflOn, Aftsr B�ition. aitow 5 minute9 �nduction befOre appilcation. Stora�s Condltlont: Store in a dry, w6t� vAtltllated are+3. �.,�o°F c-�a°C) and i20°F {46°cl AddFtiOnei Con+nwnta: 1. Dry times can be improved approxlmatety 50% by adtfing t 89S stxelerator et the rate ot 7 oz./aetivatod yeilon or by sdding 389S at 2 o=./activated sa�lon. 2. Mpy be rwcoated by spray when leck-frge. 3. Not r�cammended fpr to�centrated eti0s sucr es sultur►c, hydrochlariC ar acetic, 4. A�d 1 oz./gltllon of �ItE�02P to 6liminat6 bubbl�35 that 1�rrn d�ring roHing. RT002P is not recommendod �or sp►ay appl�Cetlion. pd not exr.aed 2 ot.lgalton RT002P �s crate►s may develop. �MRON� 333 high solid� polyurethans sneim�ls AppIi�atM� Cot�tio�o: Do not apply tT me app��catbn sur��e tsmpereture is 48{uw 45°F {7°C) or pbove 100°F (43°C), o+ if the atmospheri� temperariJre ir, within 5°F ot the tlew point. Relative humidiry shoula be below 90°.�6. For applicafion at temperatures beriveen 35°F and A5'F, th� use oi t B9S (vr 389S} acceterator is recommer�de6.' ' See AdditionW Comrnrnte rt . CifM TIR1li (HOUr6 � 77°F (25°�), 50% R.N.) wlthout with accelerator acceleretor M Dry to Tou�h 4� 2-4 Qry to i-9andle 38•48 18-36 Dty to Recoat'" 8-t2 a•6 Full Cure 1U days 7 days ' See Additior�8� Corttn+ents �7. r` S�6 Addttwnai COrtlfr�Entb N4, AppllCatbn �qufpmanl: • A�ply by apr8y, brush or roll. • Manufacturers U�Wd bebw are a gu�de, Others may be used. Chsn�es in pressurs and tip size may be r�quireC tv sch�ova proper app�ication RaU: ';4`�Vz` lembe wooi or syntt�etic rc�ll Cover such as OneCoate�°. Keep roil wet, Rall in ane directian, rewet, thso Cross roif, If bubbies dgveiop, adG iiT002P. See AtftllbtNt81 C�m�mi #4. �� ��� SprBy (3un: Fluid Nozz►e: Alc Cap: 13fnks M 1 B ot 82 66 or 67 66 or 83P� D�Vllbla� JC3A5�2 or M8C514 Eorb 7p4. 768 or 78 AIr4�u 8pray: pump: capab���ty to produce approxlmately 3000 �si (�.g. Greco Bulldog, EM3fl0 or GM 35d0) High Pressure Fitter; 6q Mesh Ftuid Hose: '/e" x 160' max. Airless Gun: C3raco 208683, 220-955 Ti�+s: .O 1 � "•.015` Mlnimum p►essure to avpid fingering; 3000 psi Alr Assiateci Afrl�as: i'ump: 12:1 $enator (GrsCO) Gun: 717292 T�pS' .023'-.029" Atr 11GM'k� aCVK�.� .�IioMT�{bM fM OYM1IGV �r� �t���M� Gy YN.SM�' Br011. T/'!/ 11�9 n10�4 at lolfN�[�1 pl101MqU �0 501Nf bOJ01Cb �0 00 lNi�AO. Ar.J tlrp a�ldiY�!1 fOt uSC by (NMVMS M1'�:'O rC�r OM �TW�ow !1!hM� Wr� Oslf11�1!�ntl �41t 9M�1 WJ�V� �Q tHpi�t�tt�y lor :YWlli 014Wn�p p OPn.ryM �nGUliOChOT t!1Nr u0f OY OVY�' �r� wHDN .Y '..T ptl� awn ...�m�n��wa+h„f Nennr.a� s�wa`t w wrv�Ca. �rs ,at in Da ri� b a�wk�f� tu apirM vr� or n�aW�O tY Wpp�st �rn��rnaro a s':v stN!r,p pp��ri ii C-�enera I Notes ,� � , , � � "� 3� 9 � p�� �� ard oc avirctes ev g,' ac�rn.aaper�ment m�r a�,p cabi ena 9ia�a c9 � a. wd�ances ena regu e�.�cre. ea b tw zf e . tl me o ena iM'8 vw emmnae�iMt ., o u�%n be e P m 9�en�9ym F iFc .� � m „,o � p e., .�. �a ,a w�.�.. 9 s�a�a...a, a��>a 9 G ����o �, y y „�, � �g. . �9 MF , , 9 .roo r � p p �9 F 9 ofa rn._ f d! appro p ioraknen e netaeton 5�br.iin e a y po de�tcn ������ p - �cutleeul?cvt. o e�onror 5 q . J e�e �o ue y . p� �o iFe p pz no Pp e b� for inz y nrc�me' on comecned o a a enen PP�ub c su, or tn �cp ei on on gu �bae a d rg, mnee r y up p on, c aw yaae �, u ia cen e n r� e e n �m e a o yn�-a`tWO a e e��+arienerequfoc�luee,�eacEnygf,e rrmngfod�g xivae.aaci.c n�e.4.y4c.equianmi d � � gF� � _ � a�e�� � � e,��w�. g „ ,��e � � y �y ��� a �� o pp p g P 9 �� 5 9 : do � nna P pFcg k a ecM du e vw ep d eubm..�red a. q y9 ���a�3�c eeg ��e�eMwM1e s rdtobenrot��ea�b�.��e�ccrnraew.c �d � q p g . , e . �gaepe�went.or o.k eo am w in3 . ceb e eode.. � CB °e� g p ta e.e g 9 ^3 g o. meged,eapesea �ojdemo�i� w�a w . oceeia. � bJx c.Jerecweicm9.ucnazoe.cd � m �a kz e gp��idoo.e. �. na p i�at v 5 r g e p eei e ver. � � 9 a wo,,. ------ -------------�— — --------- ----�-- I , � ��.r � � ��\, � i i -� �. _ . . . . .. . . . POLIGE5iA7�ON — . . . . . .. . — . 2-SiORY BLDCs. . . . . . � '.. �: . . . {, � � , � �� . . . . ... . . y��.. / � \ �. � >� / ;� � � / \ /\ , �' "���' � / ti / k \ � \ , � � �. / � r� ��,�; ��� � �� �. � \. � �. � l �' ��,�\�/�`.i y. � � � � �� ` � / X �i �� �� � — —� %'�� %) I �... ���� ..� \/\ ����./ � � I � � / � /� �� ..I � �� � � ; � ,, x , ,, y � �i� i � /, %�. ' �-� � �� � � ' I � i � I '/� v� .� � �i ;' � � 1 l� �� `�fx� - %.� `� . I � I { / I � I ' T H ���. 2-6tORT BLDC i \ � an�nFN,—� . .. , �y � I � �j i � I � � � � �� � �,/ : � � � - � -- ' '. � / "r� � . . � ��� � � . � , .-aer� a <�n � �X � r .. � . � { .E ��� .,�o�d��w�W� �y. �-I "`.P�n �f � � E. � /�. � � —I � — -- -- � � � � — —,� �` � � �� I �PIN Ex5 u� I � R J. ' .l V ./ Q � � .. . . I � ( . � g� I � 1 'Q� . . . . _ w � I . �� � f � � r.� __ N vE I . � �� Cr, � -,` 1 � (-�--+�� \� I N .. aN�6GOPrtG—,\ . . . � I -�E��_ �,� � ,�-� I�° � l � � � I � � �y , �x�Fn� �., � � � � � � 1 . I � Y i rrt"f . � � � � , �N w . . � � . .. .. .. . � I E �z_� � ' � I ��� ,, .I�S . . _. � � ..' �� � .� � � .� . . � � re . � E��o� ��,r� �: . .. .. . ... ; _ r� �' �i.. --.. _ .I . _-�x . a . . . _ .. � Ex mG DELaLK PNC � � i �#—� I _�--� � � I I - �- � I i --� T i � � � � -T r — - : _ ---- --- - -- I �� ----� -� ---- -�-- - ,�NOR?H MILI7ARY iRAIL I A-7 � — — — — — — — — — — — — — — — — _ SItE PL,4N `� SGALE�. � i.lb - I-e � I �, 5 � —� � � � � z w A a ° � � w� � � � � 6 s � a F � U � �; � c°_a � c3 � '_ � � _� I �� NORTI� MI�It,4RY iRAIL �LOOR PLAN �' -- -- --- _ _ SrLLE: _ .— _. —__ lia = i -e � � _.: 't _--- � z I � � � � � � � � � z w a x � - �x� �ws � � ¢ ° -a w - o � I V � � o� � a3 � �N � _� � �c� 6G1LP111l8 LLELD JOMiB i0 BE HLLED PND Gli�ldD BYIWTH.BNOP PPo1ffR &ldLL 2E APPLIED CFER LLELDMG-FMPL PPINiBYYCOLqi t0 C£ DETERiMED �Y TIE Cltt OF P<lM OEAGM �d(ARg di� BGILPTq¢ ELEVATION „„E, V4°�I'•0• CitGOE E4�vAnGry Lf 0'-0' 10 To BE ESiPBL18HEp 6Y TIE LIiT OF PALt1 BEAGH GAfpET18. REV190N5 BY U vi r'Z'i W W in .z. EW � `] o� �0 i �� �� 5 � `�F��� � � z °a °' �� �� oa He, z � z� �� � O W C� �' � _ �C �a> J00 a � V�� � LL � � W V � � �jo� D.vfi M.Iri OGfOBER N, ]091 A9 NOTED S-1 STRUCTURAL NOTES WNCRER NOiES i. c�o.�..m �omvir.�u as wi.N miu�a or ua raiwmy ,to�do.d� Ap 318 'BUAding cade ReQUtremenle tor reMfaeed Con�rete° Aq 301 'Specif lime fw Strudurel CmcMe CR5'Mmual of SlwEard Proctice' AS1M C84, ACI 341, Aq J04. anE ACI 305 2. Cantracta wll artmge fm samDlMg anE IeNing Eurhg con<rete qttemenl as lollowx Smnplin4 ASiN C1)1 SIUmD� AS1M C143 One (1J tes� per load A'v Conlml: ASill C31 One (1) µr M epeNmen Compevlva 54mgiM1: ASiM C3H Qx (I) eet D� `�1 Cu. pa w fractbn Nereof. fwr (Oj cyl�Mxa pw »l. 3. %ovide iro (2) co onubclurNe eD+nfcotbna for D�Y���Y malwiala, induGmg rtin�orcwnmt. firming acuaaories, adnirWrea fa�t mhlurn, M1aEenca, curing mafxid; antl ae reQUnletl by iha A�cMlec�/En9lneer. <. Proride conaete miR tlnign dola for oppad plbr to etaA o( �oh. Cenaete Wopm�min9 �AI camplY wltM1 Ap Zit onE ACI JOi.. 5. Canwete mWmiala sM1all mmply nHh /he Mlowinq almdvdx awua�a c�.�t: nsne nm Aq9regahs A51M C33 wn>: ci.� a�a aotmie Alr—rnfroFing oEmixlure: RSl1A C260. YR b 4R Wols—retlucng atlmiKture: AS1M C494 s. o��yn �, wccan. macn a�a mm�mn r�wru, to Wccan .nni�m a�e mt«a ioam mo� migM1t be applietl untA acM1 loatla can be mpporletl by Ne atrucWre. Da not «mow wppwle ��m concrtte Fae reocned ixe tleaiqn minMUm campreetlro ehenqt� IndiwteE. ). Place cmcrete In a cmtlnuwa aperatim MtM1in qanned phta ar aeclbna. Oo not begln olacemmt �nUi wM ol otM1r 4oEn alhNYp conw m b como�e�ed Canad�tlote placvtl conaete uzlWg meManlcol HMat�n9 eq�ipmmt �XX M1anL rotlEMg anE lampin�g. w Mat cmttAe �e Worked ar ntl rcinfmammt md otF�er embetldetl itema anE Nto dl porl f lormu ProkM wncrMe hom pAyaiwl Eama9e antl retlua0 e✓enqN E�e lo weather axiremea EuM9 mixng, pmc�e�t �a o,��e. d Bqin Initim w�ing aa eoon az htt Wotr �ae disoppeoraE ham e�weE wrkroe. KeeD continuou9y mo�st fe� no� lee Nan )2 M1eure Nre fmmeE eurbcea Ey mdet w�ing unt9 (o ma are �.mo.aa. a.owee n�o���b�: as ao�rm to m�.�t aemwe m�ma�a �ane .�nares. .a 9. Concrete fump zhoii Oe ar fdlan: 9ump In indes MhMUm Madmum Fwndation; pim J 5 w. co�u�< <ow� .nao eo o: �am..: Farmetl Concreta belox groie 1� u�rmmee emc.Me eaov vm. Y 11. Placng dnvinBe antl ba liata Mdl cmfam le A.GI.'e'Manual ei StanEmE Roetlee Iw DetaAing RNnfaceJ Cancreta Slruclurea.' (AC.I. ]15) iz. o�mn: o� �o��rok rei�m�«��� am n«�o�a�a Mu'm. ua��oi or sm�mro a,a,tma ra Relnlweetl Concrete CwNrucibn' ae oueuN aetam m conente minro�ceme�i �nieae ou.�we� mai�i.e. a�wwe �nw e�a.NSa ra .ea� wb. m ro�,w���m. 13. Reinfacemml ehdl Ee mreNlly placW. rlAldy auppaleA. anE wdl lieE wlih bar �ppats and epacen. 14 AEepuate rcr�IM antl hwlzanlN e�aFg eM1011 pe Drovitletl to wfMy auppM all canafructlon IaaEa 15. Centx dl loMinge on pier above. unlme o1�eMrv InTCOIed 16. Pelnforciny steN In looling or D� ro0� �tll be osaembletl a mde vith bon puoily epond end w'rtl togatnvr at aorn mtozccim eafare ca�re�e's p�acM. SIRUCNFAL S1EEL NOlES 1. Sbuct�rol atea' cmelivcl'an SM1all wnipm to �M1e 'NSC Speciikollon M Ne �tlgn, Foblcolbn, onE GecNm ef Slrvclurvl Sfeel M BuNEinge: z. o�aury .aamv �.a=....a a�a .xmne wama�a m aawao�ce am nws 'sm�aom a,mmron� Procedure'. a. s,em�� ma��m�m.«:.ce�in�aia� a�a m.canou� �,ri,�a��, m� �n� rdmw��s n�oa��., �,cmamq mni �..�s ma ou.� wrtm.m aom: stNOwra .thi adta so-�n�rm .t�ai wim.r nomt a. v.omes .nae e�ewmss �a �.w.., `a�ene aman. ma wnewi�, ro, menronm me w.�eq or +n�ow�a x.r memoe�x arowae �noq mari�qa temoia�o. a�a ert�ei� ra ti.�aiaao� or w,d,a oais ona otner emeeaam nema <o ee m�onea ey omen. 5. RaHEa immparary aM1aring ontl Er¢Ing membxa Mll� cannecllona M s,fflcknl HrngtM1 to bear MpreeA IoaEa untA final connactione anE lull memdy o� "ottocMtl atructuree' h wmqelM e. Oo not use qoe—culHng brc�e� Y� IIeIE fa corr<cling loErkation erron In atructural Irominq. z loucn uo oaint wm oe appnea to amnea. exooxa areos immeemtwy anx e.eciw� or rtN�m.m eteei. MISCELLANEOUS � 1. Cm4actn 9wll wify ql G mskne wll� IM1e mCiitec[urd tlraNnga prbr to consi'uclim md tobrlcotlon. UkcreD��lee anall Ge brauqhl lo Na oltmlim o( �he arcMtact anE enqlnaer ENOre fobicotm antl cmaVUClfon begMe. 1. AIl wwk aM1all be Eane In acmEOnw r�N all periMenl bml, s�We, antl federcl buAEing regulotlona. 1 ProNaiona ol IM1e NA Ceneral CandtMa af iM Cm4act fp Cmahuction ahall opp1Y unlns oMeniea inEkota! in Mv cmelrvctian Gowmanla �ESIGN OAiA I. Normal weigM cmcMe (145 PCF) 1B—COY �Vramive atrm9N: dOW P9. 2. Siruc�ural ateel: A% unlm ot�xMx InEleMed 3. Ancha Bdta N18 5. Stl. a o:mq� uK �aa:: WhJ: 1!0 mp�. ASCE—1 5. SoA DearFg Preewrr. P,500 PSF Mhimum. � SECTION S] 3/4'.I•-0,� TYP. ,,.e. x 3'-10° 9° 4CdR �IKGRGE IIV.];�I w.��s.a�, sere 9 TIEe. 4° OL. d8 ���r � tx�fv � 3/{" CFWMlR � ALL Lt)2E� - iTP. � TYPIGAL PILA9TEi2 DETAIL sz �4��,�,_m. i �� IK" ; Fl �� 4J + sro e �i � TTPIGAL SEGTION � TNRU SCULPTURES � �-�•.�,_0. Soll beMiq pr»wr< ol ],500 PSF M1w pem oamvneE In �M1e En�qn of Me fountlaliana. Tha Ceneral Con4actw riall engoge o regblxe0 foif mglner to cm�ify tM1Ot Ne octuol mM �earing e e¢ts a eFCeeCe MI� minimum. If soll Imprppnen� 19 rryulred, t�e whe engineer e�all hefrvcl tlie ama oa lo mema anE mNM1Otle repulretl to brMg iM eoA LearNg up to 2,500 PSf. SHO? IXtAMNGS me FnSm.erb .M.w 4 oniy ror conrwmu,a. min ue x.im roncrot ot me v.oN« ma comw�ona. .iu u� mro�ma�m� erom �na ��.��� aa�m���,. m. �em.ona i, ..ro��ae ro. eim.�do�. m n. cmx�ae e�d �o.�.mc.e o� tne �te; ror nro,maro� thN perbhe eolely lo tM1e fobricotion. wo�.on, a m Ua meo�., m.uma �xnniy�,e, ,�encea, a�a p���a��e: o� rnnm��a�; ane ro. oorAlnotion of IM1V work ol oll lrado. Tha En9lneera approW of a apeciiic item eholl not IncluEe app�awl W an aaxmbly of xT�M Ne item le o cpnpment. PDO I/4" TNICK 61OE B TO ea�AUr+E "e°rsutriva 'A" MIEftOECTbN — �iee Mp wE �a FIELD PD.XNtl�pli G IQ' x 9-✓l M-I/• FI-5A6Y 110.E M 6- ELD YELD TO LWY. RFiER eEaiwwwrt.anwr. - vIDE IA'V uEEP N�LE � GOIBLR N1ER8ECIIpl66CULPNRE FABRIG4TE9WLFlIlI�'A°t0 CEN1EfdREB GE CONiIN10110- 601LPNIff'9" t00E'dppED' �/4' BIDE R1-Wt TO FlT SNRIIRE "0' FR'JFILE � PLAN � SCULi'TURE INTERSECTION ss �a�,,,._m. V4' BIDE R I/8" BdGI�ER R BECiION � 6 9PLICE W 81DE R'b t0 � BE LCC62D pE b1EEL PBRILATOR 3Ai° BTRENERB l-V4"Kl-V!'BIICP IIELDED 49'! FIELD BPLICED u45iILL PEN uEL�s4PoNo 81�1001H b�OP BE1D RL TO MAiLH IECJIIffD PPLFILE LONGITUDINAL SEGTION ad THRU FIELD SPLICE ss v4�.r-o^ TYPICAL SEGTION � THRU PILASTER ss i.y.,i..o. BWE �� = aNDTCP@�i6 -1 �LPNi£ LW PoM 'nbkl' NGWI�! PAD qW !0 � -- z.�w � •,ea�ca�c. Pwea*ers-e� ce*aw roa r+�ua. � ,��� V1' R asYR' uYD4. Wf1FU io A^ICllql GRri fxl) (1biE: �!I'RECCED M GCNG W 'Em T0 GE k BIEEU REVISIONS BY � U vi ?' �.zi W z �� o Fz a W v O� �c dU �s �7 � 6' �y �� ti z �� 6� � � a z °' zi U ° F � Z W � LL � O S � i— a > W J m Q � Ur^�� v, � � � � U � U (n o cn D.VG M.IN IX:TOBER W,1091 /+9 NOiED S-2 8WLTUF� 'A' RtiVISIONS ITY Um �w w W� o z w .a o� �d � �� �� �� �� � y� z � °�' � y �Z °a' �z =� z8 N� � � z � � W c� � ��� �— m � ��� U� � U O °C W � � H � � (n O f� D.Vfz M.IN OGTOBER 14.1001 44 NOiED S-3 SWL"R#iE 'B' REVISIONS BY U rn zW ..� �' � s Wz w �� �d �� d� s � �� �E' �U N 6 .��, � a � �a � p za "�' �' ° o' z� �� � z w � O W c� � � U � �a > � 0° a U a o � o- U O � W U � � _ � o � D.vG MdN OLtOBER 14,1001 AB NOTcD S-4 ELEVATIOW �: 4{'.I'-0" �DE ELEVAtION W p'-p" 18 TO ae mrna��o er t� nn cf PALM BEKH GAIAB�B. REVISIONS 6Y Uym a W pi �� o F z' � W � U "� a O i mF �� d� �� �F �U � 6 �� �� F � D d °' �z;s� z� �� c� W� c� � �a � �m � a (=j a o � � U LL � � � � � � � � D.VG. nix acraeeR u,smmi A9 NOTED S-1 STRUCTURAL NOTES CONCREIE NOIES 1. Canaete �ill cwnpry witF� t�e tolea! edtime M Me 1dlwFg kantlorEc na aie'e�oemq cex xw�..m.�te ror rc�nromea c�R�: na am 'soair �tons ra srruch.a cmaeld CR5 'Manual of SlanEa�E Pracllce AS1M C9<. ACI 30). Ap ]04. antl RCI 305 2. Contracta wll mmange fm samdMg anE tuling Eur�ng conr,r<�e placmnenl oa �dlaxx Sonpllnq. AS1M C1>2 ����D� ASiM C1s3 Ona (1) tmt px loatl Air ConlmL AS1M C31 One (1) per ea! epeNmen Comprenlro Slrengh: ASiM C39 One (1) sel per 50 W. yde. a fractbn lAereof. ro�� (4) ry��e ro�. 3. Provitle Iwo (2) wpka oi manubc�ureia apttilicatime fw proprkty malerkl; �nd�dng rtin(wcwnml. aming «ceaoriw, atrni.Wree, joM mi�turn, nntlenm, cuAng moteriqs, and as repueelW by lhe Arch�lec�/En9lnex. 4. FoNEe conaete mia design Cala !w aDG�awl D«a !o ftoA of xwk. Concrete prapatmning xAl ��dr .��n na zn o„a na wi.. 5. Concreta matxiole i�all wm01y WM Ma followinq stmlords P«uo�a c�eoi: ns�u mso A9gregates: A511,1 CJ3 Wata: Clem mtl PotaCle Ak-mhoMNg atlmixtun: ASIM C280. 1S to IF Watv-rtducn9 atlmiKturc: ASIM G94 fi, Des�gn, xect, euppo��. Ence, aM malnloln fwmvak, to auDp� �ICOI anE la�e�al loads Mat m�ght Le applied wlll aucM1 IoaM cm be eupparted by Me nWClun. Do n�l �emow auppwla untA cancrete M1aa reocM1etl lhe tld9n m�nYnum ewnDrceaiue alrtn9iM1 Intlica[N. ]. Placa conmle In a cantinuoue aperoHOn w11Ain planneE piMS or aecHOne. Do nol begin pl cemenl un�A M ai oUx hotln oibclNg cmcrale ia cwnpleted. ConatllEOte ploceC can te using mecM1anical wbralinq qupmenl 'tM1 M1antl rotltling mtl tompFq, m iM1at conaete b worNeE ao E �enlorttmm� ontl otM1a emEMOeE Hemf anE �nto oll part ai �ama. ProteM cmuek frwn pM1yalcal Jomage antl redlceE atrengM Eue �a wea�M1w ertremae 0ur�nq mi�ing. qaamm�. a�e curMg. B. Begh Fltiol curing m sow ae hee xotw hm EleoppeorM Rom expoxtl aurfatts. Keep contiwauiy malat ta nM leaa ihan J2 M1eun. Curc MmeE Wacea by mobt NrMg wt0 (orma are remoKd. a.owae oroteMi�a os mm..a io n��< aeman= <o e�wo.ea ���. w�raoe> 9. Cmcrete alump Noll be ae fallon 9ump N InMes YhMUm Madmum FanEOt�on; D�m J 5 io. co�c�.�. ��.� .nai ee a. rdi�: Famed Conmte belor gmEe Y Un/armcd conttetv bdov graEe 3' 11. PlaclnA drawinqe anA Car Ilats eM1tll mnfwm to ACI.'a 'Monuol o/ Slmdad Praclke fw �eloNing Pelnforcetl Concrete ShucNrn.' (A.CI. 315) 12 OelaAS of cancrele rcin/ncmmt Mall F accorEance MN'ilia Manual ol Sbndaitl Practice M� RelnlqceE Canerele CmfVUMbn oa W�IYA EMaOS M unmete rclnlacemenl unle� oNerwlee i�amm.a. Prw.itle sM1Op Jrawin% far reHew prW lo coneWCtion. 13. Relnfarcement ntll be wre(uily qaaE. riqlEly auPo��d. o�d wtll l�eE wnn ear m,�a�. a�a epacen 14 Mequote vartkul anE �rcizonlal s�ming ehdl be proNdeE to wtdy suppwl dl cmaMudim IaoEa. 15. Center dl laotinga on pld above, unlw M�errA�e Indicoted. i6. Reinbrcing Meel In fooling a pWe cape aM1all be aaembleE as mats �i�M1 Oan eyudly spaW mE �'vM tagetlrer al mc� a��xaeMbn before connete b placeE. STVUCTIRAL S1EEL NOIE$ 1. Sirvctural steN cmeWCibn zM1011 con�cem to iM'NSC SD«�lcolbn (w ihe Dwiqn, FoGiwibn. onE ErecHm ol Slructurol Steel tor BuWinge'. E. Oudily Weldin9 poceaee oM �ebinB W«d�an �n ottwtlonw Wit� AMS'StaMarE Walificvllm Pracetlure'. J. Subnit manubc�ura'a yeciilcatim mM »atWatbn inat�vqlms for tM1e fdlowMq protlucta, incluEing moi to�, a�e oue. pmtmud dma: =,N«�.a� „� eais so-�ow�m rtaN w�m., �mt +. r.oHa� �an a.awmes +« «a:., eowm,c e�aos a�a �m.m�i.� m, rmarorn� ,�a a:�oiy m rtrucWrd abel memberx ProNEe netting Emringa, template0. anU Circcl�on ta Inalallat"wn M me�n Edis onC WM1r .mneedea itema �o ee inemiea oy aM.• 5, ProvWe 4mparory Maring mtl bacing memben w�tM1 connectime of aufiklent etrenqM fo �ew knpaetl laotla unlll Rnd emneclbna ontl NII aexmbly ol'ottx�eE 5buclurei b eomplNetl. 8. Do nat use gas-�vttYrg torcM1ea in ikld fm comecling fobrketion erron In atrucWrd hanMg. ). TacM1 up Da�t MII be apPlbE to deaMtl. expoxE aeoe ImmeE�a�Ny ollx erec�bn o� slrvcNrol alael. MISCELLPNEOUS 1. Can4acta d�oll nrily ull EMmebne MU Ihe mcMtecluM travingf 0��a to cmatruetbn anL fmrlcoUm, Dberepanciea ndl be ErwgFA to iFe attmCwn M Me arcM1�tect anE enqlnew ONOre tan,mai� �a a�.tr�niw� eeym.. s. nu wan �nan ee a�. m e«o�am�..nn ai o�i�n� ixoL mma e�e �eeera euudne nvmmim:. 3. ProNebnz M tM1e AIA Cen«al Cmtlllbna M iXe Cminct for Cmatrvcibn eM1all apply unlen o1Mnr'iu ndkateE in tM1a conatruclbn Emumeita. �ESICN OAiA 1. Normd vaigM1� mncrete (145 PCf) 39-doy wmpreetive shengN: WOD P9. 2. SWCNraI sleN: A]6 unlen otM1enlae IntlirniM J. Mc�or Bdte A318 S Sll. 4. �ee�gn LWe LoaEe: vn�a: uo mvn. nscca 5. SoY Eearing Pref�re: 2,500 PSF NNlmun. �L SGG7�� 52 v4•.I'-m' ii P. ]• 10• x Y-10" 3' 0.E4R �IIF01¢GE LLV.1-�I DcuELB r d� 3 8ET5 e nes • a^ oc. ae ��k�'�r � ]w'� s 3�6' cuaFfER � PLL C� . 11P. � TYPICAL PILASTER DETAIL � 3/4'.1'.0" � 1�„ g�• W'G • n+ mrrt �e ; � TYPICAL BECTION Q TNFdJ 3CULPTURES 5] I-V1°.p.p� Soll beoring prefsure ol P,SW PSF M1ae been aewmetl n ihe dadqn of Me �oundoHana The Ceneml Coniracta sFioll engope o rcgiaterctl wWa englneer to eMiry t�at t�e ocluol eoll heoring lue mwte w e:tcmEf IM1p mNimum. I( eoll Imp�ownmt la requlreE, t�a mils enqineer aM1all Frtruct Ihe armer os lo mema anJ mNl�oE� nqutretl to brinq Me aaP Emrinq up lo f,500 Pff. SHW IXtAMNC$ ilia Enqinnr'a reNew b anty br canformanw wl�h t�< dngn � cw� a� me o�ok�� a�a ��qm�ro wIU Na Inimmotlon gFren M tM1e contrvct tlocumentx The contracfar is rnpanzide for C4nmaiona ta be cnntrmed mtl camNa�ad at the ailn' far inlorcnafiw Mut perlans adely ta t�e fobrkalim. proceaso, a to ��e meona, methotlr, GMnlyuef. aaq�mcM anE poceEu�n o! cons4uctlon; mE �or �oorei�ano� or tn� .w or ai vam. me uym..r. ww� ot e.ve=�n� a.m .nan not maux avwawi or m amemery or Mam m: x.m ia a mRa�.�� ADD I/0" TNICK 61pE 6 TO sa�rn.� •e��acxrna� "A° M1EpGECiIQI — GVIDE IA"0 LLEEP NOLE 6�GORFR � VbLl9 M p 1�Y ( ffLD ID.YMIIEM e ae�s w� o-im �.E �,- FIELp tlEID TO LMB KIER BEORW' YLB.BLLNII. — iw�r+n�criow w ecu.rnrc� vn�cnre eaamu�s �a• ro CENIERREB � COMINKUB- BCIILPIIIIff'L" TO 0E'ADDED' Vt" 91DE R'e-OJT t0 FIT BLIPLi11fE "B• pa'Q�E � PLAN � SCULPTURE INTERSEGTION S1 y���,��.m. I/<" SIDE R �� Il0"OACKER6 .d secrioN a 8F'LICE cR 91DE e°. To � BE LOGAiED GE B1EEL ���r� V9" BACKCR RL GY — 91EEL FO$ 6HOP iJELp O Q1E SIDE 9/m"R FIELD IIELD t0 —BIDE EL _ 3ro'k c��e sxiceo VNULL PEN LLELDB-ORMD & IroTH �BOi u+w= e�+o R•. ro HATGI �aJIFEp I=I¢'hILE LONCzITUDINAL SECTION � TNRU FIELD SPUCE 5T 3/4 .I�-tl" rrPica� �ctiav � THRU PILAS7ER 52 I-Vi .I �6 — w�.�e�.s• �aprExe r,w wnn em — ]!'bmY10' iqLL CONC. RWIER�GlC CETCLL FlA¢ EM. 1(P OF iT6 w• e.ewr�� uu�. wnm ro aHa+on eo�ro ns� �ooeo w ca�c o0 NOf NEm TO BE 6 BIEd) REVI3IONS BY a �I w W � ' n F W o �a � IA `�� �s �H AU h �� �� F � �7 �a �N N z;g z� N� � Z w � (^ � � r Z � r Q � J0° a U�o � U O � W � � �r^ _ vi O � O.Vfi Mlri CCTOBER N, 709I A8 NOTEO S-2 CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: December 19, 2002 Date Prepared: December 2, 2002 Subject/Agenda Item: Petition MISC-02-32: Northlake Commons Modifications to Resolution 101, 2002 Resolution 227, 2002: A request by Woolbright Development, Inc., to allow for a modification to the specified build-out date, an amendment to the phasing of the off-site landscaping, and revised landscaping within the northwestern portion of Northlake Commons. The 21.02-acre site is located at the southeast corner of Interstate 95 and Northlake Boulevard. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: FINANCE: NA LDRC Commission Growth Management: Action: PrincipalPlanner A roved Costs: $ � � pp Talal Benothman, A P A w/ condirions Project � � � Total � � pp• City Attorney Manager_�'� [ ] Denied Len Rubin Kara Irwin $ [] Rec. approval Senior Planner Current FY [] Rec. app. w/ conds. Develo ent ��pliance [ ] Rec. Denial Bahareh �. Wolfs, AICP Funding Source: [] Continued to: Submitte by: Attachments: Advertised: [ ] Operating Growt a ge nt Date: [] Other • Resolution 227, 2002 Direct • Resolution 101, 2002 Charles . Wu, AICP Paper: • Justificarion • City's Traffic Approved by: [X] Not Required Budget Acct.#: Consultant Letter City Mana er �"� Affected arties: • Site Plan P • Landscape Plan Ron Ferris [ ] Norified [X] Not Required [ ] None City Council Meeting Date: December 19, 2002 Date Prepared: December 2, 2002 Resolution 227, 2002 Petition: MISC-02-32 Page 2 of 4 BACKGROUND The "Crossroads at Northlake" site plan was originally approved by the City's Site Plan and Appearance Review Committee on April 1, 1986. The approved site plan included the following: • 80,640 square feet of Home Improvement • 11,182 square feet of Home Improvement Garden Center � 63,349 square feet of Supermarket • 100,100 square feet of Local Retail • Two 1.1-acre outparcel sites (square footage not indicated) The total acreage of the approved site is 31.88 acres. Both outparcels received approvals from the City in 1987 to construct fast food restaurants, Arby's and Taco Bell. At the time of approval and construction, each outparcel was subdivided and sold to a separate property owner as a separate parcel. In 1993, the Home Depot received City approval for a 16,336 square-foot expansion. At the time of approval, the Home Depot Corporation subdivided its portion of the site plan (the building and a portion of the surrounding parking area and wet retention pond) and created a separate parcel. As a result, the site consists of four parcels/lots including the 21.02-acre portion now owned by Woolbright Development, which is the applicant for this amendment. Since the four adjoining parcels were approved as one site plan, staff shall ensure that the proposed amendments to the 21.02- acre portion are consistent and compatible with the other parcels contained on site. This development was amended by Resolution 104, 2001, which was passed on July 5, 2001. This amendment provided for fa�ade renovations and an additiona129,208 square-foot expansion to the eastern building to provide for an additional "anchor" tenant space. The amendment also provided for the addition of a 5,000 square-foot out-parcel and a new entrance off of Northlake Boulevard. This development was most recently amended by Resolution 101, 2002, which was approved on July 18, 2002. The amendment eliminated a 36,500 square-foot expansion of the eastern tenant building, added 8,000 square-feet to the existing anchor store (closed Albertson's) and added 600 square feet to the 5,000 square-foot out-parcel building. The total net reduction in square footage, as approved, was 15,761 square feet. Currently, the applicant is proposing to modify condition # 3 of Resolution 101, 2002. The approved condition requires that all landscaping within the Interstate 95 and Northlake Boulevard rights-of- way be installed prior to the issuance of the first Certificate of Occupancy or Certificate of Completion. The applicant is also requesting to correct the build-out date of the project, changing the specified date from December 31, 2002 to December 31, 2006. Lastly, the applicant is requesting an amendment to the approved landscape plan to adjust landscaping on the northwestern side of the project due to required modifications in the retention areas (pond and dry swale areas). City Council Meeting Date: December 19, 2002 Date Prepared: December 2, 2002 Resolution 227, 2002 Petition: MISC-02-32 Page 3 of 4 STAFF ANALYSIS Build-out Date The applicant is requesting that the specified build-out date contained within Condition #2 of Resolution 101, 2002 be modified. This is being treated more as an adjustment to the previously specified date than a time extension. Vested trips associated with the former gas station are retained for five years following demolition of the use pursuant to Countywide Traffic Performance Standards, Article XV of the Palm Beach County Land Development Code. The date contained in Condition #2, December 31, 2002, does not recognize this vesting. The applicant has requested that the specified build-out be modified to December 31, 2006, in acknowledgement of the vested trips. The applicant has provided documentation and traffic analyses to support their new build-out date. The applicant submitted an analysis that compared the trip generation potential of existing versus proposed development. During a previous approval in 2001, a gas station outparcel was modified to retail use. The traffic generated by the former gas station had been used in the traffic study to offset the trip generation potential of the proposed development. The renovated shopping center generates less traffic than the existing (vested) development. The traffic generated by the gas station was used in the trip generation equivalency and the demolished gas station is considered an "existing use" for five years. Therefore, the build-out date should coincide with the 5-year vesting of the former gas station outparcel. The City's Traffic Consultant has recommended approval of the build out date modification to December 31, 2006, since the gas station was demolished in 2001. Interstate 95 and Northlake Boulevard Right-of-Wav Landscapin� The applicant is also requesting an amendment to Condition #3 of Resolution 101, 2002, which requires the installation of all landscaping within the Interstate 95 and Northlake Boulevard rights- of-way prior to the issuance of the first Certificate of Occupancy or Certificate of Completion. Currently, the Florida Department of Transportation (FDOT) is in the process of widening Interstate 95 from Blue Heron Boulevard to PGA Boulevard, which will include modifications to the off-ramp and roadway drainage adjacent to the Northlake Commons development. The modifications to the Interstate affect the existing and proposed landscaping within the rights-of-way adj acent to Northlake Commons. (The existing landscaping along the off-ramp is currently being relocated.) Condition #3 requires landscaping to be installed within this same area, within the limits of the FDOT Interstate project. However, installing landscape materials in compliance with Condition #3 is beyond the control of the applicant. Therefore, the petitioner is now proposing a modified landscape plan based on the ultimate configuration of Interstate 95. Staff and the applicant have agreed on modified conditions of approval pertaining to the timing of the installation and maintenance of the landscaping within the Interstate 95 right-of-way to coincide with the completion of the Interstate 95 improvements. City Council Meeting Date: December 19, 2002 Date Prepared: December 2, 2002 Resolution 227, 2002 Petition: MISC-02-32 Page 4 of 4 Western Perimeter Landscape Modification Lastly, the applicant is required to modify the western retention areas (pond and dry swale area) to accommodate more storage, as a requirement of South Florida Water Management District permitting, which necessitates grading changes. These retention improvements will require existing landscaping and vegetative material along the western perimeter to be removed. The applicant has submitted a revised landscaping plan that accommodates the required drainage improvements on site. The proposed plan increases the size (height) of species previously proposed along the western perimeter and pond planting areas. The proposed plan also increases the amount of oak trees that were originally proposed (decreasing spacing between trees to 15' on center), as mitigation for the removal of the existing eucalyptus trees. The result is an overall increase in landscape points for the project from 34,248 to 34,723. STAFF RECOMMENDATION Staff recommends approval of Resolution 227, 2002. Date Prepared: December 2, 2002 Page 1 CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 227, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AMENDMENTS TO CONDITIONS 2 AND 3 CONTAINED WITHIN RESOLUTION 101, 2002, RELATING TO THE BUILD-OUT DATE AND THE TIMING OF INSTALLATION OF RIGHT-OF-WAY LANDSCAPING, AND MODIFYING THE APPROVED LANDSCAPE PLAN FOR THE "NORTHLAKE COMMONS" (F/K/A "CROSSROADS AT NORTHLAKE") SHOPPING CENTER, LOCATED AT THE SOUTHEAST CORNER OF INTERSTATE 95 AND NORTHLAKE BOULEVARD; PROVIDING FOR REVISED CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application (SP-02-32) from Woolbright Development, Inc., requesting amendments to the previously approved Resolution 101, 2002, to 1) modify the specified build-out date for the project, 2) modify the timing of installation for required landscaping within the Interstate 95 off-ramp and Northlake Boulevard rights-of-way, and 3) modify the approved landscape plan due to retention area modifications, for the "Northlake Commons" (f/k/a "Crossroads at Northlake" Shopping Center), located at the southeast corner of Interstate 95 and Northlake Boulevard, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, on July 18, 2002, the City Council approved Resolution 101, 2002, to allow for the elimination of 36,500 square feet of previously approved, unbuilt square footage, the addition of 600 square-feet to a previously approved 5,000 square-foot out-parcel, the addition of 8,000 square feet to the major anchor tenant area, to allow for modifications to the parking lot, to allow for an additional entrance from Northlake Boulevard, and to allow for fa�ade renovations; and WHEREAS, the Growth Management Deparhnent has reviewed said application and determined that it is sufficient and consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true Date Prepared: December 2, 2002 Page 2 and correct and are hereby made a specific part of this Resolution. SECTION 2: Said site plan approval shall comply with the following condition, which shall be binding upon the applicant, its successors, assigns and/or grantees: (1) Prior to the build-out date of December 31, 2006, the applicant, successors or assigns shall, in conjunction with and subject to the approval ofthe Florida Department ofTransportation and Palm Beach County, install and maintain landscaping along the eastern road shoulder of the Interstate 95 off-ramp onto eastbound Northlake Boulevard, and median of Northlake Boulevard between Roan Lane and Sandtree Drive, and that area of the southern road shoulder of Northlake Boulevard not previously landscaped due to its location within the limits of the I-95 improvement project. (Planning and Zoning) SECTION 3: Conditions 2 and 3 of Resolution 101, 2002 shall be amended to read as follows: (2) The build-out date specified for this project is December 31, 2006 ae�e�e�1�,28(�. For the purposes of this condition, the project shall be considered built-out when all infrastructure is in place, certified by the engineer-of-record and accepted bv the CitX Engineer, and all common landscapin�, with required irrigation is installed, certified by the landscape architect-of-record and accepted bv the Citv Forester. .;+�,,,,,� ., oa �:.,.,o o.,�o��;,,r (3) Prior to the issuance of the first Certificate of Occupancy or Certificate of Completion, the applicant, successors or assigns shall, in conjunction with the County_�-�a +'�° c+�+°��, install and maintain landscaping ' : along the southern road shoulder of Northlake Boulevard between Interstate 95 and Sandtree Drive1 outside of the I-95 expansion project limits; � r.,,,o ,,,,a r,,,,a+,.00 r,ri.,o � the event that the City ofPalm Beach Gardens, or another entity, forms a special district pertaining to the landscape and maintenance of Northlake Boulevard, then the applicant, successor or assigns shall automatically become a member of such special district. This condition may be amended at any time by a separate agreement between the applicant and the City of Palm Beach Gardens. SECTION 4: Said approval shall be consistent with all presentations made by the applicant or applicant's agents at any workshop or public hearing. SECTION 5: Said approval and construction shall be consistent with plans filed with the City's Growth Management Department as follows: 1. November 18, 2002 Paving, Grading and Drainage, Kimley-Horn, Sheet C5. 2. November 27, 2002 Northlake Commons Landscape Plan, UDS, Sheets 1 through 5. Date Prepared: December 2, 2002 Page 3 November 27, 2002 Northlake Commons Site Plan, UDS, Sheets SP1 through SP4. SECTION 6: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. All provisions of Resolution 101, 2002 not expressly modified herein shall remain in full force and effect. SECTION 7: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 8: This Resolution shall become effective immediately upon adoption. [This space intentionally left blank.] Date Prepared: December 2, 2002 Page 4 PASSED, ADOPTED AND APPROVED this day of , 2002. ATTEST: PATRICIA SNIDER, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUBIN CTTY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO MAYOR JABLIN AYE NAY ABSENT Date Prepared: December 2, 2002 Page 5 EXHIBIT A (ATTACHED) IECAL DESCRIPTION: PARCEL �A' A parcd of land In the Northwe�t quarter of Sectlon 19, TowneAlp 42 South, Ranqe 43 Eaat, Pa4m Beacfi County, Flaida, balnq more particularly deecribed aa idlow� Commencinq at the No�reat comer of �ald Sectlm 19; thence South 88' Ot' 16' Eaet, alonq the North Iln• o( aald Sectlon 19, (the North Iine of SecUon 19 le aaaumed to bear South 88' 01' 16' Eaet and all othx bearinye are relati�,e thero{o) a dletance of 408.24 fe�t !o a pdnk th�nc� South 01' S8' 44' Weat a dletanc� ot 100.00 feat to th• SouNrly RfQht-of-Way Iin• of Northlake Boulawrd anG the POINT OF BEqNNING of the herelnafter deacribed parcel; thence South 88' Ot' 18' East, danq sa(d Southerly Riqht-of-Way IIn4 a dbtance of �.i0.00 feat to a polnt; thence South 02' 04' 12' Weat, dapartinq (rum sald Rlqht-of-Way Ilna, a dlstanc� of 278.82 feet to a polnk thenc• South 8T 53� 48' Eaat a di�tance of 421.11 feet to a pdnt on a Ilne paralld with and 80.00 feat West ot the Eoat Ilne of the Weat hdf of nald Northwaet quarter of Sectlon 19; th�nc� South 02' 04' 12' Wat along wid parolld Iln• a dletanc� o( 55.51 fHt to a pdnt; th�na South 88' Ot' 18' Ea�t a dlatance of 10.00 feet to a poht; thenu South 02' 04� 12' Weet a distanc� of 513.00 feet to a poln� thanca North 8T 55' 48" West a dlatonce of 458.00 faet to a poin� thence South 02' 04� 12' N'eat a dletance of 408.33 feat to a pofnt; thmce South BT 55' 48' Eaet a dl�tmu of 38.00 fe�t to a poln� thenc� South 02' 04� 12' Waat a distanc� of 385.00 fMt to a pdnt; thence South 87' 29' 22' Eant a dlntanca o( 430.00 feet to a point o� tha Weat Rlght-o(-Way Ilne o( Sandtree Dr1ve (as now lald out and In use); thenca South 02' 04' 12' Weat alonq aald Riqht-of-Woy Ilne, a dletonce of 74.18 feat to a point; thencs Nath 8T 29' 22" West a dhtancs of 100,00 feet to a pdnt; thence South 02' 04' 1Y Weat a dlatanca o( 20.00 feet ta a polnk thMU Norlh BT 29' 22' W��t a df�tanc• ot 408.05 fwt to a polnt; thanc� Nartli 33' 18' 24' Wa�t a dlatanc• of 577.79 faet to a point; thence North 02' 04' 12' Eoat a dletance o( 324.A3 feet to a polnl; thence North 8T 29' 22� Weat a dl�tance of 230.00 teat to a pdnt on the Eaeterir Rlqht-of-way Ilne of Intaatate 95; thmca North 15' 00 20' Ea�t, along wIE EoaFaiy Rlght-ot-Way Iln�, a dl�fance of 898.82 (eat to a polnt on said Southerly Rlpht-of-Way Ilne of Norfhlaka Baulevord and tha POINT OF BECINNINC. LESS AND DCCEPT th• fdlorinq dascrib�d parcal: PARCEI 1 A paresl of land In th� Narthweat Quarter of Sectlon 1D, Townahlp 42 South, Ranqe �3 Eaat, Palm Beach County, Florida. Balnq more particularly dexrlbed as fdloWe: Canmenclny at the Northwest Comx of eald SecUon 19; thence South 88' O7' 18� Ea�t, alo�g th• North Iln• of aald S�ctlo� 19, (th• North Iln� of S�ctlon 1fl I� asaumad to bwr South 88' Oi' 18' Eaat and all othar bearinqe are relatfva thueto) a dlatance of 40&24 feet to a polnt; thenc� South 01' S8' 44' Waat a dislance of 100.0 }eet to the Southerly Riqht-of-Way Iine of Northlake Boulewrd; thenca South 88' O7' 18' Eaat alo�p ■ald Southxly Right-of-Way Iin� a dhtanc� of 200.00 fxt to a pdnt; thenc� South 01' S8' 44' W��t, Cepartlnq from aald Riqht-of-way Iina, a dlstance of 200.00 feat to a polnk thance South 88' 01' 18' Eaat a dlatance of 200.00 feet to a pdnk thenc• North 01' S8' 4�' Eaat a dlatance of 200.00 feet to a pdnt m sald SoutheAy Rlght-a(-Wa7 Ilne ot Nathlake Boulewrd; thence South 88' Ot' 18 Eaet, alo�g eald Rlqht-of-Way Ilne, a dletance of 4�1.11 feet to a pofnt on a Iln• 80.00 faat W�st��ly o( and paralld wlth th� Ea�t Iln� of th� Wat on�-hdf of sald Northwat Ouart�r of S�ctlm 19; Nence South 02' 04' 12' Weat a dlatanca ot 9J5.00 (eet to a pdnt; thence South 88' Ol' 1B' Eaet a dletance of 10.00 feat to a poln4 lhe�ca South 02' 04' 12' Weet a dlatance of 374.65 feet to a paln� thsnu North 8T 29� 22' West a dintanca of 430.00 fe�! to a polnt; th�nc� North 02' 04' 12' Ecrt a dlatona af 11280 feat to th• POINT OF BEqNNING; th�nc� conNnu• North 02' 04' 12� Eaat a diatance of SS.00 feet to a polnt; thencs North 8T 55' 48' Weat a dletance of 1B.00 feet to o polnt; thence South 02' 04' 12' We�t a dlatance of 55.00 feet to a pdn� thence South BT 55' 48' East a dletanu of 18.00 feet to the POINT OF BEqNNINC. ALSO LESS AND D(CFP7 the fdloWlnq dexrlbed parcel: �� PARCEL 2 A parcel of land In Na Nathweat Quartx of Sectlo� 19, Townahlp �2 South, Rang� 43 Eoat, Palm- Baach County, Florida. Belnq mon particularty dascribad a� (ollowc Commencinq at the Naihweat Corner o( sald Sectlon 19; thence South 88' 01' 18" Eaat, almg th• North Iin• ot �aid Sactlon 19, (th� North Iins of Sectlon 19 la aseumed to bear South 88' 01' 18' Eaot and all other bearinq� are relative thereto) a dlatance of 408.24 (eet to a point; thenca South 01' S8' 44' Weat a dbtance of 100.0 feet to the Southerly Rlqhi-of-Way Ilne of Northlake Boule�vd; thence South 88' O1� 18' Ea�� alanQ sald Southerly Rlqht-ot-Way Ilne a dlatonce of 200.00 feet to a polnt; thencs South Ot' 38� 44� Weat, deportlnq hom eald Right-of-way Iin�, a dlstanw of 200.00 fNt to a poi�t; thanco South 88' Ot' 18' Eo�t a dl�tanc� of 200.00 f�at to a poln� thence North 01' S8' 44' Eaat a dlatance ot 200.00 feet to a polnt on wld Southxiy Rlqht-of-WaY Iine of Northlake Boulawrd; thence South 88' Ot� 18 Eaet, alonq eald Rlqht-of-Way Iin0. a dlatance of 451.11 feet to a polnt on a tIn• 80.00 feet We�trty of ond parallsl wNh tli� Emi Iln• of th• Weat onr-half of eald Norlhreat puartr of S�ctlon 19; thenu South 02' 04' 12' Wwt a dbtanca of 275.00 feet to a polnt; thence South B8' 01� 18� Eaet a dlstanca of 10.00 feet to a poht; thenu South 02' 04� 12' Weat a dlstance o( 513.00 feet to a�poln4 W��e contlnue South 02' 04� 1Y West a dlslance of 420.00 feet to a polnf; thence South 88' O1' 18" Eaet a dletancs of 10.00 feet to a polnC thence South 02' 04� 12� West a dlatance of 374.85 feet to a polnt; thence North 8T 29' 22' Went a dletance of 430.00 faet to tha POINT OF BEqNNING of tha harelnofter de�atbed parcd; thence Nath 65' 46' 34' YVest a dletance of 219.19 feet to a polnt; thence North 33' 18� 24� Weat a distance of 18.15 feet to a polnt; thence Nath 02' 04� 12� East a dletance o( 287.53 faet; thence South ET 55� 48" Ea�t o dlatanc� of 21J.50 (aet ta a polnt; lhenc• South 02' 04' 12" Weat o dialanc� of 217.20 feet to a polnt; thenu North BT 55' 48" Weet a dintance o( 18.00 feet to a poln4 thenca South 02' 04' 12' We�t a dletonce of 53.00 (aet lo a potnl; thenu South 8T SS' 48' Eaet a dbtance of 16.00 teet to 0 polnt; thence South 02' 04' 12' Nbst a dbtanca of 11280 feet to the POINT OF BEGINNINC. July 8, 2002 RESOLUTION 101, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN APPLICATION FROM WOOLBRIGHT DEVELOPMENT, INC., FOR AN AMENDMENT TO THE "CROSSROADS AT NORTHLAKE" SHOPPING CENTER, LOCATED AT THE SOUTHEAST CORNER OF INTERSTATE 95 AND NORTHLAKE BOULEVARD, TO ALLOW FOR THE ELIMINATION OF 36,500 SQUARE FEET OF PREVIOUSLY APPROVED, UNBUILT ANCHOR TENANT SPACE, THE ADDITION OF 600 SQUARE FEET TO A 5,000 SQUARE-FOOT PREVIOUSLY APPROVED, UNBUILT OUT-PARCEL, AN ADD{TIONAI 8,000 SQUARE FEET OF ANCHOR TENANT SPACE, MODIF'ICATIONS TO THE PARKING LOT, AND FAC�ADE RENOVATIONS ON AN APPROXIMATELY 21.02-ACRE PORTION OF THE "CROSSROADS AT NORTHLAKE" SHOPPING CENTER AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR CONDITIONS OF APPROVAL; PR4VIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTiVE DATE. WHEREAS, the City of Palm Beach Gardens received an application (SP-02-05) from Woolbright Development, Inc., requesting a Site Plan Amendment to the "Crossroads at Northlake" Shopping Center, located at the southeast corner of Interstate 95 and Northlake Boulevard, to allow for the elimination of 36,500 square feet of previously approved, unbuilt anchor tenant space, the addition of 600 square feet to a previously approved 5,000 square-foot out-parcel, an additional 8,000 square feet of anchor tenant space, modifications to the parking lot, and fa�ade renovations on a 21.02- acre portion of the "Crossroads at Northlake" Shopping Center, as more particularly descr.ibed in Exhibit "A" attached hereto; and WHEREAS, the 21.02-acre portion of the "Crossroads at Northlake" site is currently zoned General Commercial (CG-1), and a future land-use designation of Commercial (C); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient, that it is consistent with the City's Comprehensive Plan and Land Development Regulations, and has recommended approval of the amendment to the site plan known as "Crossroads at Northlake"; and WHEREAS, on May 14, 2002, the City's Planning and Zoning Commission has reviewed said application and recommended approval subject to certain conditions stated herein. Resoluticn 101, 2Q�2 Date Prepared: July 2, 2002 Petltion SP-02-05 NOW, THEREFORE, BE �T RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Paim Beach Gardens, Florida hereby approves a Site Plan Amendment to the "Crossroads at Northlake" Shopping Center, located at the southeast corner of Interstate 95 and Northlake Boulevard, to allow for the elimination of 36,500 square feet of previously approved, unbuilt anchor tenant space, the addition of 600 square feet to a previously approved 5,000 square-foot out-parcel, an additional 8,000 square feet of anchortenant space, modifications to the parking lot, and farade renovations on a 21.02-acre portion of the "Crossroads at Northlake" Shopping Center, as more particularly described in Exhibit "A" attached hereto. SECTION 2. Said Site Plan Amendment is approved subject to the following conditions, which shall be the responsibility of the applicant, its successors or assigns: (1) Prior to the issuance of the first building permit, the applicant shall submit for review and approval by the City Attorney and record a Unity of Control document to ensure that the out-parcel property shaA be subject to conditions of approval for the "Crossroads at Northlake" development, including the "mainline center", Home Depot, Taco Bell and Arbys. Such conditions that may be shared among the multiple owners of the site plan include but are not limited to architecture, parking, landscaping, lighting, circulation, access and lighting. (Planning and Zoning) (2) The build-out date specified for this project is December 31, 2002. No building permits associated with this development order for new construction shall be issued after that date without an approved time extension. {Planning and Zoning, Building} (3) Prior to the issuance of the first Certificate of Occupancy or Ce�tificate of Completion, the applicant, successors o� assigns shall, in conjunction with the County and the State DOT, install and maintain landscaping in the following rights-of-way (off-site) locations: southern road shoulder of Northlake Boulevard between Interstate 95 and Sandtree Drive; eastern road shoulder of Interstate 95 off-ramp onto eastbound Northlake Boulevard; and median of Northlake Boulevard between Roan Lane and Sandtree Drive. In the event that the City of Palm Beach Gardens, or another entity, forms a special district pertaining to the landscape and maintenance of Northlake Boulevard, then the applicant, successor � Resofution 101, 2002 Date Prepared: July 2, 2002 Petition SP-02-05 or assigns shall automatically become a member of such special district. This condition may be amended at any time by a separate agreement befinreen the applicant and the City of Palm Beach Gardens. (Planning and Zoning) (4) The applicant shall coordinate with the Police Department through the construction plan approval process to ensure that Crime Prevention through Environmental Design Principals are implemented. (Planning and Zoning, Police Department) (5) In the event the existing live oak adjacent to the proposed trash compactor does not survive construction related to the renovations, then the applicant shall be required to replace the tree with one of comparable size and spread, prior to the issuance of the first Certificate of Occupancy. (City Forester) (6) Prior to issuance of the first building permit, the applicant shall adequately demonstrate on construction plans that parking lot lighting is consistent in height and style with those existing within the Home Depot portion of the parking lot. (City Engineer, Building) (7) Prior to the issuance of each building permit for interior renovations for buildings A, B, C, and D, the applicant or its agent shall submit a breakdown by use of the gross square footage for lease of approved uses for review and approval by the Planning & Zoning Division. The applicant or its agent is limited to converting up to only 37,664 square feet for restaurant use, provided all applicable land development regulations, such as parking requirements, pertaining to said conversion are met (Planning & Zoning). (8) Within finrenty-one days of the effective date of this development order, the applicant shall submit to the City's Growth Management Department a 3.5" disk or other City approved electronic media containing digital files of approved amendments to Crossroads at Northlake (Planning and Zoning). SECTION 3. Construction of the site shall be in compliance with the following plans on file with the City's Growth Management Department: 1. June 28, 2002, Site Plan, Urban Design Studio, 4 Sheets. 2. May 17, 2002, Landscape Plan, Urban Design Studio, 5 Sheets. 3. May 17, 2002, Floor Plans and Building Elevations, Oliver, Glidden and Partners, 3 G Resolution 101, 2002 Date P�epared: July 2, 2002 Petition SP-02-05 Sheets A-1 through A-7. 4. February 28, 2002, Conceptual Drainage Plan, Kimley-Horn Associates, Sheet CDP. 5. March 8, 2002 Baundary Survey, Wallace Surveying Company, 1 Sheet. SECTION 4. If any clause, section, other part or application of this Resolution is held by a court of competent jurisdiction to be invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5. All Resolutions, or parts of Resolutions, in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS � DAY OF 7�� 2002. ATTEST BY: :_;�. =. ,, .. - -- , � -�� ; , _ ; � A � - > PATRICIA ShIID.ER, C1TY;� LERK '�`"- �- . = __=::�:- . VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: LEN RUBIN, CITY ATTORNEY AYE NAY � ✓ ✓ ✓ \\FILE_SRV�COMPROG\Short Range\sp0026res.doc 4 ABSENT � Resolution 101, 2002 Date Prepared: July 2, 2002 Petition SP-02-05 EXHIBIT "A" 5 ----,�_.,.�---------------�.__.r(�� -�.! ��-i-�_�.�. Z� _L IEGAI DESCi1PTI0H: PARC4 'A' A por��l ot Iand b th� Norlhr�st quart�r of 5�ctbn 19. TamiA4 42 South, Ranq� �3 Eo�C Pdm 8wdi Countx, Flaida, i�k�g moh parllc+Ialy Ar�esbsd m fdfo�rK Commr+dnq ot eh� NortAwwt o«+Nr ol sotd S�ctbn iP, thw�a SouM 40' 61' 16' Eatt, donq th� Nar1h Ifn� W�otd Saetlon 19. (d+� NxtA IMN of S�ctbn 19 M a�wam�d W bwr Seufh B8' Ot' la Eo�t md �il oth�r b�q� an nlolM tMnto) a Qlatan�+ of 108.21 twt to o poN� tlnno� South 01' S9' i�t Mhtt o 9�taw� of 100.00 fwl to th� Soulh�vlr Rlqhtrot-Way tln� of !Jarlh�ak� Boulward and !M POqlT OF BEdNNINC oi tM �unhoRr daor�d porc�k th�nu SouN 0� Oi' 10' Eo�t. r« °� °v h"t �ob: swm o� a� iz� w�..i. aw�v�irom aatd Rtyht-�ol-wor Ib�. o dhtmio� ot 21a82 fMt W o OeY�� 1h�na South RT 5S' 10' Eo�t a dbtmw of 421.1/ 1wt to 0 Ooht on o Iln� pardl« �rMA and s0.00 fMt Ntat ot IM Ewt :hw ot N. wat Aalr or rold Nathr�t quartr of S�cUan ta thane� Soutt� 02' 04 ti NNst alo�ny sold pQd�i IOn� Y �ataw� ot 63.bt fNt !o a poin� tl��na Sauth 08' OY te' :att a d�tanq o1 10.00 iNt to a poY�t; tA«+e� Soutl� 02' 04' 12' MMt a dbtanc� of 513.00 fNt to a poM� n,w�w Noru� er S5 �' wat o dfMm�w ot �50.00 t� to o poY�t; tl+w�a Soulh 02' 04 tY wrt o dhtana ol �00.33 Iwt to a poY+k Uune� Soufh 07' S3' 1a' Ewt e dbtanc� ef 38.00 iwt to o poh� th«,e� South 02' a' 12' ws�t o dbtano� of ]BS.00 f«: to 0 ooNb fh�w Sauth aT 29' 2Z' Eod a dbtanw d 1a0.00 iNt !o o polnt on tl» Wwt R(yht-of-Nby IY» of SandtrM OrM (w �w. aa wt aoa a, w.} a«K. soum oz a' �Y Ma.� mo�y .aa wcnt-or-war ir►., o a.cmc. or »,�e r«c to a�t M�ne� Nartl� a'7' 2Y' 42' W�st o d4tana of 100,00 fMt to a oa�t n,.�o. sa,a or a• �r w..� o a.to�,o. o� so.00 r..c «t �t thw�w North 8T 29r 22' Maat o dhtaw oi 100.03 sn.7p t..e°�'co�e6po�C � p�Nw�t�h 2a�r w i2' �t«,w o� dl�tanw ot 321. fMt W a pein� flw+a NoeH 8T 29' 22' M��t o d4tanc� of Z1Q.00 }�! to o pdnt on 1M Ewtwlr Rlpht-ot-�roy Ib� of Int�ntat� Y3; �h� North 1S' 00' ZO' Ea�t. alonq sotd EQatrly R1¢►t-of-Woy IM� a dittane� of 898.e4 iwt to o polnt m�old SouU+�rly Ripht-of-Woy dn� of Natldak� Boulward and tM POINT OF BEGINNING �1111i�a.W�� .c1.o . � LFSS AND E7fCEAT tM fdlorin9 dwwib�d oawl: A pmal of land h fM Nathwtt Ouartr ot S�etlon 19. TowrnF�� F� South, Ro�y� 13 Ewy Patrn B�ooh Countr Flalda. eatrw mor. portta,lo+y daa�.a a. toao.�e Canm«+dnq ot tM Hathw..t Comw of wW S�ettan 1Y: N�na South 88' 01' 18' Ea�t. donp tM Nalh IM oi wld S�ctlan 1p, ��y,N �rth Itn� of S�elton 19 4 wwun�d to Mv Sauth � Ot' ,fA''Ewt a�d dl oFh�r b�orhy� an rdoli� lhwto) a dbtanp of 400.24 fwt to o poln� thMta 3oul1► Ot' S8' 44' W�st a dlstanw of 100.0 /Nt to th� Southrfy Rl�t-o�1May Ib� ot Nortl�lda 9oulwor� fh� Soufh 8a' 01' f0 EwR aiono .oa so�,n�.ny rny�c-ar-wey ir� o e�.ca+a. or zaaoo r..t ea o &ont m«+�. swm m• se� 4+ w..t, aevo�trq kor,► .oa t¢�t-ol-.aZ Un�, e a�tato. of 200.0o h.c to o pak�� a«►o. South 8d' Ot 14' EoN o dlstana of 200.00 fwt to o V�+k fhrnw North 01' S� 44' Ea�t o dlstonw of T00.00 1»t !o 0 t an �ald SouMalr Rt�ht-ol-Mla�r IM of Naihlda �rar� tAw�a South be' 01' ib Eo�t. danq aold Rlpht-ol-lNay I4� a dbtanc� of 461.11 fNt to a poht an o qn� 8Q00 Mt 1Mwtufr of aid par+aqM dtA tA� East lln� of tA• hb�t onrhdf ot soa Northrrert Quartw or S�cUon 19; th�na South 02•.M' 12' Mlrt o dblarw� of 275.00 iM! to a no�,fi tn«,o. swm es� a' te sost a m.co►c. ot tiaoa +..t to o yo1nN, tA�no� SoutA or 04 ir w�st o dhtona or stS.oO fNt tM fo�o�rM� 4 oounM ony y souu «�y bouneajr or Paa� 's�'I ordwW �iU=eu�YCk en«a+oi eontr�w South oz� a' 1Y ww! o dl�tmiw d 420.00 IMt to a poMk tli�na Sa+lh 8B' Of' 16' Eot! a dl�lana� of 10.00 h�! to a PoNt; th�na South 02' 04' 12' WMt e dhtanp of 374.0.5 �.� to o Por�� u,«►o. riora er ss' as" w.K e aa�. or ♦30.00 fNt to tM POINT pF BEqNNp1G of N� ArNnoRr �lCf� pOfCK UIUIC� NOf�:1 ��.�� i��tt O�f�Of1q Of 219.1a fMt to a poht Y� tl� 9aufhwe�twy On� of wW Paral A'. wk IM bwlnq Nartl� 33' 16' 2�' YIMt fh�p d irg kvn w!d IY» Nath 02' 04' 1Y EoN o dlstme� W 302. ,i�fN$ th�na SauN 8T SS' 1a" Eat o dhtana e1 fo7.00 is�t to a poinl of InbrNetlan Mtl� M� NWt tY» of �atd Parql 'B'; m.�w emww. sw,a ar s3• sa� Eo.e (fn. z oours�. p�inq daq !h� 1MMtwly paundvy of �oW ParoM� a��tana of 7E.pp h� Nw�p South 02` O�' lY Wiwt a aatonw o1 385.00 N�! to tl+� PdNT GF BEpNNIf1G. .:� a.: f \'- � � .`,� r caaticicnn 1 MERFBY / t�ehnloal � oOODIb � .e.�eti. s�. DATE� aoq L vi� P►ohWono Florldo C� DEC-09-2002 15�43 LBFH PALM CITY FL —.. � 561 286 3925 P.03iO3 ' � � . . � • MTP Group, lnc. , 72798 forest Hill BOU/ovard, BuIN 303, Wi�t Op/in BBech� FL 33414 . Phone: I5611 795-0678 TB/ef�x: /661I 798-0230 � n��n�o�aNaun� � ro: From: Date: Sean C. Donahue, �P.E. LBFH, � Inc. Marla M. Tejera, P.E. �� December 3, .2002 • Subjoct: Crossroads at Northlake A Per your rec�uest, we have reviewed a letter prepared by Kamaey-Horn and Associates, Inc. dated July 25, 2002 and a supplemental letter dated October 30, 2002 in reference to the above subject property. The letter contains an analysis whicb compares the trip generation potential of exieting versus proposed development. The project is requestino a buildout extension as well as a retiucbion of the proposed retail development, Prescntly the C�nter contains �4l ,271 squaXe feet in ratail buildings which include a Home Depot. The proposed develapment includes 156,100 square feet of additional retail for a tatal of 286,177 square feet of retail. A service station in the pmperty was demalished in 2Q01 and will not be � replaced. ' Traffic gonerat�d by the gas starion was used in the .traffic study to off-set the trip generation potential of the proposed development. Based on the trip.generation equivalency, the proposed development generdtes �less traffic than the existing (vested) developme�lt. ' 5ince traffic generated by tbe gas station was used in the trip genendon equivalency and the gas station is considered an "existing use" for five years, a buildout date of 2006 should be included as condition of developm�nt. Should you need additiona] informadon, do not hesitate to contact me at (561) 795-0678. C:1tn1pW BG\C r�roads�lJoM�lalr�.TimoExlsns6on App�.Mpd �rnrni o ra� RUDEN MCCLOSKY S M ITH SCHUSTER & RusSELL, P.A. November 27, 2002 Kara Irwin City Planner City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 RE: Misc. Petition for Northlake Commons Dear Kara: 222 LAKEVIEW AVENUE SUITE 800 WEST PALM BEACH, FLORIDA 33401-6112 (567) 838-4542 FAX: (561) 5143442 KIM.GLASCASTRO�RU DE N.COM Based on our meeting discussions of Monday, November 25`h, enclosed you will find revised plans to replace those submitted last Friday with the Administrative Amendment petition. The enclosed petitions materials include: 1) a narrative that outlines the Misc. Petition matters to be discussed at the December 19�' City Council meeting; 2) wording previously emailed to you for modifications Condition #3 pertaining to right-of-way landscaping; and 3) a revised paving, grading and drainage plan that depicts outfall into the retention pond, revised landscape plan and cross-sections pertaining to the retention pond plantings and western perimeter landscape buffer. We look forward to discussing these matters with the City Council. If you have any questions as you compile the staff report and resolution, please call. Sincerely, RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. Kim Glas-Castro, AICP _� WP6:151256:1 CARACAS ■ FT. LAUDERDALE ■ MIAMI ■ NAPLES ■ PORT ST. LUCIE ■ SARASOTA � ST. PETERSBURG ■ TALLAHASSEE ., r...-.� �;" �;`:,;.1;. ,s;,. T F:�> '�v 2 ����E, •f' };:� r�`i�::+��:. e:'.9'S ;:'. � J 4„�', d < RUDEN MCCLOSKY S M ITH SCHUSTER & RUSSELL, P.A. November 26, 2002 Northlake Commons 222 LAKEVIEW AVENUE SUITE 800 WEST PALM BEACH, FLORIDA 33407-67 1 2 (561) 838-4542 FAX: (561) 5143442 KIM. G LASCAST RO� RU D E N. COM This submittal serves as a supplement to the Misc. Petition filed 11/18 by Shawn Nieman and the Administrative Amendment Petition filed 11/22 by Kim Glas-Castro. The Misc. Petition is modified to include 1) extension of the build-out date of the Project until December, 2006; 2) modification of the right-of-way landscaping condition; and 3) revision to the approved landscape plan due to permit requirements. Buildout Date See correspondence from Urban Design Studio, supported by documentation from Kimley-Horn, transmitted with previous submittal. The proposed modification, which is a corrective action, to Condition # 2 of Resolution 101, 2002 reads: (2) The build-out date specified for this project is December 19, 2006 �ese�°��'r-�8(�z. For the purposes of this condition, the project shall be considered built-out when all infrastructure is in place, certified by the engineer-of-record and accepted b�the Citv En ineer, and all common landscapin�, with required irri�ation is installed, certified bv the landscape architect-of-record and acce�ted by the City Forester. �.o �� Right-of-way Landscaping Condition #3 of Resolution 101, 2002 requires that landscaping within the I-95 and • lake Boulevard rights-of-way be installed prior to Certiiicate of Occupancy or .,, ,�. Completion. �,- � E: �� �:. a� ; . , .:, 1,- The I-95 expansion proj ect prevents this condition from being fulfilled in i ntir���i � j�i�ting ;, landscaping within the I-95 right-of-way is being removed in preparation the i`o:ac��roj,ect. - . ,;, �F , WP8:151236:1 ` � CARACAS ■ F7. LAUDERDALE ■ MIAMI ■ NAPLES ■ PORT ST. LUCIE ■ SARASOTA ■ ST. PETERSBURG ■ TALLAHASSEE ■ T EST PALM BE Page 2 Northlake Commons was required to supplement existing landscaping. Due to the I-95 project, which includes a portion of Northlake Boulevard frontage, a modification to Condition #3 is requested. Landscaping within the Northlake Boulevard right-of-way, which lies outside the limits of the I-95 project, can be installed as originally intended — prior to C.O./C.C. At this time, the completion of the I-95 project should coincide with the buildout date (2006) with the Project. Completion of the I-95 project will trigger installation of right-of-way landscaping, as approved by FDOT, which should occur no later than the established buildout date of the Project. The proposed condition modification reads: (3) Prior to the issuance of the first Certificate of Occupancy or Certificate of Completion, the applicant, successors or assigns shall, in conjunction with the County a�e-�a�e �9�, install and maintain landscaping ' . alon� the southern road shoulder of Northlake Boulevard between Interstate 95 and Sandtree Drive, outside of the I-95 expansion project limits; °��*°� r��a �'��„'a°� �� � '�^,.'°-,�ra'�°*�„°°� ���� i-��° ��a ���a*r°° T'r;•.° prior to the buildout date (December 31, 2006 the applicant, successors or assi�ns shall, in conjunction with and subict to the approval of the State DOT and Countv, install and maintain landscapin� alon� the eastern road shoulder of the Interstate 95 off-ramp onto eastbound Northlake Boulevard, and median of Northlake Boulevard between Roan Lane and Sandtree Drive and that area of the southern road shoulder of Northlake Boulevard not previousl,y landscaped due to its location within the limits of the I-95 improvement project. In the event that the City of Palm Beach Gardens, or another entity, forms a' special district pertaining to the landscape and maintenance of Northlake Boulevard, then the applicant, successor or assigns shall automatically become a member of such special district. This condition may be amended at any time by a separate agreement between the applicant and the City of Palm Beach Gardens. Western Perimeter Landscapin� Modification Adjustments to the western retention areas (pond and dry swale areas) to accommodate more storage, necessitate grading changes. The retention improvements will require existing landscaping and vegetative material along the western perimeter to be removed. Some species, such as cabbage palms, can be replaced after construction activities. Urban Design Studio has prepared a landscape plan for the replacement of the western perimeter landscaping. The proposed plan increases the size (height) of species previously proposed along the western perimeter and pond planting areas. The proposed plan also increases the amo �i O�.kLt � at were originally required (decreasing spacing between trees to 15' on cent `r''s mitigatio the eucalyptus trees that will be replaced. „�� � WP6:151236:1 CARACAS ■ FT. LAUDERDALE ■ MIAMI ■ NAPLES ■ PORT ST. LUCIE ■ SARASOTA ■ ST. PETERSBURG � T, 0� _ �� ,I . k; . _ ' '� � � :.. 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[ X ] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: $ Council Action: City Clerk (Total) City Attorne �/� [ ] Approved $ [ ]Approved w/ Current FY conditions [ ] Denied Advertised: Funding Source: [] Continued to: Date: [ ] Operating Attachments: Paper: [ ] Other Submitted by: [ X ] Not Required Patricia Snider Department Director Affected parties Budgei Acct.#: Approved by: [ ] Notified [ ) None �� City anag r [] Not required CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 228, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, CALLING A REFERENDUM ELECTION ON MARCH 11, 2003 FOR APPROVAL OF PROPOSED AMENDMENTS TO THE CITY CHARTER BY THE ELECTORATE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to section 166.031, Florida Statutes, the City Council of the City of Palm Beach Gardens will be submitting proposed amendments to the City Charter to the electorate for referendum vote; and WHEREAS, the proposed amendments to the City Charter are fully set forth in Ordinances 43, 2002; 44, 2002; 45, 2002; 46, 2002; 47, 2002 and 48, 2002 ("Charter Amendment Ordinances"); and WHEREAS, in accordance with the applicable provisions of the Florida Election Code and the Code of Ordinances for the City of Palm Beach Gardens, the City Council wishes to formally call for a referend'um election on March 11, 2003; and WHEREAS, the City Council determines that the adoption of this Resolution is in the best interests of the residents and citizens of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council hereby calls for a referendum election to be conducted on March 11, 2003, to determine whether a majority of the electors voting in said referendum support any of the proposed amendments to the City Charter. SECTION 3: The ballot titles and summaries of the proposed Charter Amendments, as fully set forth in the Charter Amendment Ordinances, shall be as follows: -1- CITY OF PALM BEACH GARDENS CHARTER AMENDMENT QUESTION ONE SHALL SECTION 6-1 OF THE CITY CHARTER ("CITY MANAGER") BE AMENDED TO REMOVE UNNECESSARY LANGUAGE REGARDING THE APPOINTMENT OF PERSONS TO ACT ON THE CITY MANAGER'S BEHALF IN THE EVENT OF ABSENCE OR DISABILITY, TO DELETE THE RESIDENCY REQUIREMENT AND PROCEDURES FOR REMOVAL OR SUSPENSION AND TO ALLOW THE CITY MANAGER TO APPOINT AND REMOVE ALL DEPARTMENT HEADS, EXECUTE CONTRACTS AS PRESCRIBED BY THE COUNCIL AND EXERCISE POWERS CONSISTENT WITH THE COUNCIL-MANAGER FORM OF GOVERNMENT? YES NO CITY OF PALM BEACH GARDENS CHARTER AMENDMENT QUESTION TWO SHALL SECTION 6-2 OF THE CITY CHARTER ("CITY ATTORNEY") BE AMENDED TO ALLOW THE CITY MANAGER TO HIRE THE CITY ATTORNEYAND DETERMINE THE CITYATTORNEY'S COMPENSATION AND BENEFITS AND TO CLARIFY THAT THE CITY COUNCIL OR THE CITY MANAGER MAY HIRE ADDITIONAL SPECIAL COUNSEL TO SERVE AS LEGAL ADVISORS? YES NO CITY OF PALM BEACH GARDENS CHARTER AMENDMENT QUESTION THREE SHALL SECTION 7-2 OF THE CITY CHARTER ("PERSONNEL SYSTEM") BE AMENDED TO ALLOW THE CITY MANAGER TO ADOPT, REGULATE AND MAINTAIN A PERSONNEL SYSTEM AND TO REMOVE THE REQUIREMENTTHATTHE PERSONNELSYSTEM BEADOPTED BYTHE CITY COUNCIL BY ORDINANCE? YES NO y� CITY OF PALM BEACH GARDENS CHARTER AMENDMENT QUESTION FOUR SHALL SECTION 8-1 OF THE CITY CHARTER ("SALARY, DUTIES, POWERS AND COMPLAINT") PROVIDING FOR THE ESTABLISHMENT AND APPOINTMENT OF DEPARTMENT HEADS AND FOR A PROCEDURE TO INVESTIGATE COMPLAINTS TO DEPARTMENT HEADS CONCERNING THE FAILURE OF THEIR DEPARTMENT TO ENFORCE ANY LAW, ORDINANCE OR RULE BE DELETED AS UNNECESSARY AND OBSOLETE? YES NO CITY OF PALM BEACH GARDENS CHARTER AMENDMENT QUESTION FIVE SHALL SECTION 9-1 OF THE CITY CHARTER ("POWERS AND DUTIES OF THE MAYOR") BE AMENDED TO DELETE ANY REFERENCE TO THE "CHIEF EXECUTIVE OFFICER"AND TO CLARIFYTHE MAYOR'S DUTIES CONSISTENT WITH THE COUNCIL-MANAGER FORM OF GOVERNMENT? YES NO CITY OF PALM BEACH GARDENS CHARTER AMENDMENT QUESTION SIX SHALL SECTIONS 18-1 ("MEETING AND PROCEDURE OF CITY COUNCIL") AND 18-4 ("POSTING OR PUBLICATION OF ORDINANCES") OF THE CITY CHARTER BE DELETED AS OBSOLETE AND INCONSISTENT WITH REQUIREMENTS OF FLORIDA STATUTES RELATING TO THE ADOPTION AND PUBLICATION OF ORDINANCES AND RESOLUTIONS AND THE REMAINING PROVISIONS OF CHAPTER XVIII BE RENUMBERED? YES NO -3- SECTION 4: The City shall utilize polling locations or places established by the Supervisor of Elections of Palm Beach County and all qualified electors shall vote at designated polling locations. The polling locations shall be open from 7:00 a.m. to 7:00 p.m. Only duly qualified electors of the City shall be permitted to vote in the referendum election. SECTION 5: The City Clerk shall prepare and give notice of the referendum election by causing the appropriate notice to be published in accordance with section 100.342, Florida Statutes. SECTION 6: The returns of the referendum election shall be canvassed in accordance with the applicable provisions of the Florida Election Code and the City Code of Ordinances. SECTION 7: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 8: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 9: This Resolution shall become effective immediately upon adoption. [Remainder of this page intentionally /eft blank] -4- RESOLVED, ADOPTED AND APPROVED THIS DAY OF , 2002. ATTEST: PATRICIA SNIDER, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD G. RUBIN CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO MAYOR JABLIN AYE NAY ABSENT -5- CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: December 9, 2002 Meeting Date: December 19, 2002 Resolution 231, 2002 Subject / Agenda Item: Resolution 231, 2002: Appointment to the Art Advisory Committee Consideration of Approval: a City-initiated request to appoint one (1) alternate member to the Art Advisory Committee. (X ] Recommendation to APPRO�iTE [ ] Recommendation to DENY Reviewed by: Originating Dept.: FINANCE: NA Art Advisory Growth Management: Committee Principal Planner� Costs• $ Recommendation: Talal Benothman, � [ ] Approved Project _����� h „� - Total City Attorney Manager �! VW�l" [] App. w/ conditions Leonard G. R bin Kara Irwin $ [ J Denied Senior Planner Current FY � X] Rec. approval Develo nt Complia�\nce [] Rec. app. w/ conds. Bahareh K shavarz, AICP Funding Source: �] Rec. Denial [ ] Continued to: Submitted y: Advertised• [] Operating Attachments: Growth M na e t • X Other NA D'uecto � Date: � � • Resolution 231, 2002 Charles K. Wu, AICP Paper: • Guy Norman's Resume (applicant) Approved by,• [X] Not Required Budget Acct.#: • Diane Cappella's City Mana er - Affected parties: NA Resume (applicant) Ronald M. Fer is [] Notified [X] Not Required City Council Meeting Date: December 19, 2002 Date Prepared: December 9, 2002 Resolution 231, 2002 Page 2 of 2 REQUEST Pursuant to Division 5, "Public Places", Section 78-261, Art Advisory Committee, there are five regular members and two alternate members on the committee, who shall serve for three-year terms at a time. On December 5, 2002, the Art Advisory Committee recommended the appointment of Diane Cappella as an alternate member to the Art Advisory Committee. An alternate member of the Committee, David Miller, was no longer eligible to serve, so the Committee recommended a replacement with a candidate who is an experienced photographer. The Committee felt that her experience with art would better serve the goals of the Art in Public Places Program. RECOMMENDATION Staff recommends approval of Resolution 231, 2002, which approves the appointment of one (1) alternate member to the Art Advisory Committee. CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 231, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPOINTMENT OF ONE (1) ALTERNATE MEMBER TO THE ART ADVISORY COMMITTEE OF THE CITY OF PALM BEACH GARDENS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FORAN EFFECTIVE DATE. WHEREAS, Section 78-261 of the City of Palm Beach Gardens Code of Ordinances provides for the appointment of regular and alternate members to the Art Advisory Committee ("Committee"); and WHEREAS, one of the afternate members of the Committee resigned because he was no longer eligible to serve, thereby creating a vacancy; and WHEREAS, on December 5, 2002, the Committee reviewed the applications for appointment to the Committee as an alternate member and recommended the appointment of Diane Cappella; and WHEREAS, the City Council determines that the appointment of a new alternate Committee member is in the best interests of the residents and citizens of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council hereby appoints Diane Cappella as an alternate member of the City's Art Advisory Committee for a three year term, expiring on December 19, 2005. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon adoption. -1- RESOLVED, ADOPTED AND APPROVED THIS DAY OF , 2002. ATTEST: PATRICIA SNIDER, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD G. RUBIN CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO MAYOR JABLIN AYE NAY ABSENT 6�� � 0 10-21-02 A09:03 OUT City of Palm Beach Gardens APPLICATION FOR POSITIONS ON ADVISORY BOARD (S) Please print in Black Ink Board(s) Applied for: A 4%� Name: (Prinq � �C, � � • �- Telephone: Da ��/ 3 a 9' D�i 9 � Evenin� �e.. %� �o o? o� `" 3 3 � 8 Home Address: �'S � I � 1 l'� Lt/O 0� �5�; �N7 .5��'1 �2.1"�.,G`IS' How long have you been a resident of Palm Beach Gardens? .��/'S..Palm Beach County? 02- r.� , Current Employer�G UO� � P. �• Position: Please attach a resume to your application or use space below to summarize qualiiications and experience acquired that would be helpful to the Board(s) for which you are applying. Special Qualifications for specific board(s) (include past board experience) � .���Q.���'�I-C��'—�Ga.� .�r2.�' `..f� �a ara� � Y ..� . .-,�_ A �� .��-- i_._. �.�� LI�� !',�e%, -, _ > . . i�n-� e �ha; -�a� �� / c. �a r� �s•,� .L.%%� ducational Backgro�un��''^�`�`"��° `�'I � ' � ' � ' ���'/6iI i I�CY1'/ /�'I. S•�� L� cc� u�s� � Glhi`v�- �'du.co�--�-�iov� C �r-�i t��� Community Activities (Include offices held and �u , sc � ' 11�50 ����E �:�� � t�r .r�ic� ,�,� Lv X . 1.tJr`lc� !i` 1/ y-f' b �-�-- �/ biyll�9 %�� f/ 'o r� ; �/ �a.r-7�4J C6 unittee servicel �� �bYY►rr1/T7C �e. ^ �, �G J L 7"29 �'t�7`�►. � ��a,�� i(-�-C.G, i/ Signa e Date %d � 4 oZ-� Applications are valid for two (2) years from the date they are signed. Return to City Clerk's Of�ce,10500 N. Military Trail, Palm Beach Gardens, Florida 33410. e��-- Diane D. Cappe[!a 9509 Birdwood Street Pa[m Beaclz Gardens, F� 33410 PROFESSIONAL EXPERIENCE Palm Beach County Scltool Board August 1984—Present Art Teacher y� Jupiter Midd[e Schoo[ AuPUSt 1997-Present Received National Board Certifccation. Department Chairperson. Responsible for school-wide participation in the creation of S"Patriotic" mura[s for permanent display in the hallways. Painted and designed the JMSgym floor mura� Completed the Mariner layout work for the "Wall of Fame. " Responsible for student ezhibits at the Jupiter Town Hall and the Jupiter Lighthouse Gallery. Implemented the Annual Art Show (approximately 1,000 pieces exhibited) Presided on the School Advisory Counci� Okeeheelee Middle School Julv 1997 Organized and coordinated the materials and supplies for the new art departmen� Christa McAuliffe Middle School March 1987-June I997 Departmen� Chairperson Designed and painted the Challenger Mural for the McAuliffe gymnasium's jumpba[1 circle (16 feet in diameter). Organized and coordinated the malerials, supplies, and furniture for the new art departmen� Received recognition from President Reagan regarding the gym.floor mura� Organized and estab[ished guide[�nes and objectives for the Art departmen� Nominee for the prestigious E'conomic Council "Dwyer Awards"for excellence in education. Promoted student exhibitions: Boynton G.A.L.A. Youth Exhibit South Florida Youth Exhibit Acadentic All American Recognition Programs An�:ual Mu[ti-Media Exhibits Initiated IS' Annual Comnlunity Relations Art Exhibil with Flag[er Federal Savings and Loan and entered a partnerslzip with Community developers. Presided on the Christa McAuliffe Dedication Committee. Completed layout work for the Christa McAutiffe school flag. Con�ress Community Middle School Au�ust 1984-March 1986 Department Chairperson OrganiZed and coordinated tlie curricu[u�ri, nlaterials, and supplies. Received television news coverage for ►vindow exhibits. FLORIDA DEPARTMENT OF CORRECTIONS MAY 1982-AUGUST 1984 PROBATION OFfICEtt 1225 Omar Road, West Palm Beac6, FL 33405 sapecvised felony offenders, ldentifled aad determfned applicable structured treatment programs aad optioas. Estabtfshed controls aad objectives. Reviewed progress and compiiance to inttiate probat�on re-fastatement, revocation or eatty tern�tnation. � [oordfnated snpervision e�forts with police departmeats throughoat the State and the State Attorney's Office, thereby developing a knowledge of victim dg6ts, offender ffghts and applicable conct proceediags and testimony. Oft'iciated dartng emerqency commitmeats and jaft bookings. Researc6ed social, educatfonal backqtoands and arrest racords for anaytsis in Fr¢- :entence aad Post-senteace iavest[gatfons. LASERCOLOR LABORATOKIES NOV. 1981-MAY1982 Fafrfield Drfve� West Palm Beach, Fl. 33407 Custumer Servfce Exposed to aIt facets of I.aseKolor technology and photo lab prodnction. Coordivated cnstomer retations and sates promotions. Partic[pated ia taserColor Laboratory Sonth Florfda Fair demonstrations and �motlons. hIORTH ALLEGHENIf SCNOOL DISTRiCi AUG. 1973 - JUNE1981 200 Hi[ivue Lane, PfitsburuL, Pa. Art Teacher , • Originated elementary and mfddle schoal art canricalum. CompQed aa ind¢pth stndy of film animation to develop and share wfth the National Assocfation of Mfddle schQOis. Presfded on the Prfac�pal-Teacher Advisory Conactl. Compfled statistfcs pertafnfng to "sex fairness" In the schaot cnrrical�m and inftiated a district-wfde awareness proqram whfch tn�ludec! �nmerou�s .presentations. Amptifi¢d 8`� grade jewetry stndies and soldering processes. Promoted an "Animal Friends" organizat�on fot the stadents. ]OSEPH HORNE COMPANY 196i-1972 McKniqht Road, Pfttsbnrqh, Pa. Retafi Sates Exposed to all facets of Deparhneat Store procedares while worldng my way thmugh schoot. UN[ON NATIONAt BANK OF PiTTSBURGH ]ULY 196$-DEC. 1968 4 and Wood, Pittsbarqh, Pa. Trust Department Ut[tV,.ed oifice and clertcal sldlts w6ile transferrtng from Masidngam College to Penn state univers[ty. EuvcanoN: "�RLAW COLLEGE .th Avenue, Pittsburgh, Pa. Received Art Educatioa certiHcaHon (K-12) indfvidua[ art "showfaq", Aprtl 1974 OUQUFSNE UNLVERSiTY Sth Avenne, Pittsbnrgh, Pa. Masters of Scienc¢ Degree fn Edocatioa Attatned a 4.0 qrade pofnt average Elementary Edacat[on CertiHcat¢ PENNSYLdANtA STATE UNIVERSI3Y SEPT.1973-]UNE 1974 Ma/or; Art Edncatfon SEPT. 1972-]UNE 1973 Graduate school Major: Elemeatary Edacadfon Degree: M.S.E. JAl�i.1969-OEG1971 �: Bachelor of Fin¢ Arts Deqree Major: Fiae Arts Paintiag Dean's tist Miaor; ScntpturelPhotography Degr¢e: B,F.A. Achieved recoqnitfon in varfons painttng, scnlptare, and phatoqraphy exhfbfts, Cottegiate sports: Golf, Bowiinq MUSKII�iGUlK COU.EGE New Concord, Ohio SEPT. 1967-MAY 1968 Major: Liberal Arts Co[tegiate spocts: Fietd hocDcey, Basketizall, Bowtiag Fxhibited in the : Three Rfvers Art Festival Exhibited ia the : Zanesvitle Art Fair HAMPTON ELEMEI�ITARY AND HIGH SCH001 Allfson Park, Pa. 1955-1967 Awards: National Honor Society, National Medalfst Art Award, Scholastic Art Awards, Natfonal Honorabl¢ M¢ntfon Art Award, Regional Biolaqy Award, ist Place Chemistry Award, Corved Bar tsconting). Activfties: Band, Chorus, Ufegaard, Cheerleadinq, all Intramnral Sports, Secretary of Student Councfl, Vice-President of Class, Student Unfted Nations, TrE-Hi Y� Art Clnb, Basketball, Soccer and Softball teams, F.T.A. �'� --� f — � � City of Palm Beach Gardens APPLICATION FOR POSITIONS ON ADVISORY BOARD (S) Ylease print in Board(s) App Name: (prinr� Telephone: I Home Addre: C'mMr� , How long have you been a resident of Palm Beach Gardens? I1' VRS Palrn Beach County? % V� � �1 ' Current Employer: ,.�,��(.F, Yosition: _���%� / Please attach a resume to your application or use space below to surrunarize qualifications and experience acquired that would be helpful to the Board(s) for which you aze applying. Special Qualifications for specific board(s) (include past board experience) Educational Background Community Activities (Include offices held and committee service) Signature v --- Date Z'��o • D l Applications are valid r two (2) years from the date they are signed. Return to City Clerk's Office, 10500 N. Military Trail, Palm Beach Gardens, Florida 33410. � � c���°�ey ��p� '��.. ,U �LP ytNG • 1 �&\NG ' ,�` M � -� ,•� � 0 . �, � �i .� c1 0 � � -Q � o� ..�, v o� 4� �' � .� � � r-., � 0 .� � � o� �' � r-. � �, � � 0 U � 0 � � v � � w � o� . ,�, Q � 0 .� � r-. � PRCiF�ESSOR GUY NORI�AN / veeign Coneua.can.� B I O G R A P H Y Guy Norman gradu<ted from : The University of Pennsylvania Nharton School of Business and Pratt Institute School of Interior Des.ign, �.rith Honors_ Guy NoLman estaY�tished the firm of GUY NORMAN LTD., INC., aFter many years in execut.ive capacities with major design firms in both Nev 'ia��k Cit} and Los Angeles, eventually moving thE• firm to Fort Lauderdale, Flo�^ida_ The firm executed National and Inter-Na�ional Design/Planning projects promotiag space utilization and the tor.al interior environment for �11 business, institutional, and public building facilities, high-end reaidenti and reiated design services_ He has been on retainer to raany najor busines: and corporate gr�.>ups, and has served as Continuing Design Consultanc to thi American Management Associations, Inc.._ creating all of their instal.lation: warld-s�ide. Mr. Norman both Wrote, an�.t chaired the A.M.A. seminar entitlec "Office Space Planning, Layout � Design", premoted throughout this country and abroad, and attended by Facilities Managers of most major corporat'ions In 1488 Guy Norman made �'co�itment to the higher educational college co�unity by accepting a positi.on as Professor of Art � Director/Interior Design Program at the College of New J��rsey, at the same time settin,� up a consultant practice to be of service to past clie.nts on a conti�i!.:�.ug bas fle also spent a short period teaching .it the Bauder College, former�iy in Fort Lauderdale�.. In 1997 Profe.ssc��- Norman left his tenured position, and taught for <. time at the Palm Beach Community College. He plans to devote time to hi< own consultant pracC:.ce, as well as align (�.imself with other aspects of the design profession that are challenging, �rhere his expertise in desi�:�� aad facilities planning adrlinisCration may be utilized. Professor Norman is the recipie.nt of many national and regional de:-?_en awa and is listed in both the National an�i Inte.r-National publications t�i� Baro Who's FTho in In�erior Design. Throught.the years his work has appelred in ma.ny trade publ:ications and articles. He may be reached as follows: 8403 EAST GARDEN OAKS CIRCLE, PALM BEACN GARDENS, FLORI.DA �34fU TEL./FAX 561.775.0999 LIC.d399.`� CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: November 27, 2002 Meeting Date: December 19, 2002 Ordinance 49, 2002 Subject/Agenda Item: Ordinance 49, 2002: Special Events Amendment First Reading: A City-initiated request to amend the Palm Beach Gardens Code of Ordinances, Chapter 78 "Land DevelopmenY', Section 187, "Special Events." The objective of the amendment is to update and provide guidance on permit review procedures, application requirements, and general standards for special events that occur within the City of Palm Beach Gardens. [X] Recommendation of APPROVAL Recommendation to DENY Reviewed by: Originating Dept.: Costs: $ City Council Action: (Total) Growth Management: Principal Planner� [ ] Approved Talal Benoth , P Project Manager_�� /�' $ []Approved wl City Attorn Natalie Wong, Current FY conditions Leonard Rub'n, esq. Planner Development . � {� [ ] Denied Compliance_ 1 ��� ! Bahareh Kesha olfs, Advertised: Funding Source: [] Continued to: AICP Date: [ ] Operating Attachments: Paper: [X] Other: N/A • Copy of current section 78-187 • Ordinance 49, 2002 • Distribution list for comment Submitted by: [X] Not Required Growth Ma a Administrat r Charles K. Wu, AICP Affected parties Budget Acct.#: Approved by: [ o�if ed [] None City Manage X] Not required Ronald M. Ferris Date Prepared: November 27, 2002 Meeting Date: December 19, 2002 Ordinance 49,2002 BACKGROUND The proposed amendments to the Land Development Regulations will revise the existing special events code to improve permit review procedures, application requirements, and general standards for special events that occur within the City of Palm Beach Gardens. DISCUSSION The current special events code lacks a specific definition, does not address off-site signage, imposes strict limits on the number of events per one site, and does not include a fee schedule. The proposed changes will address these issues and will include additional details to codify a comprehensive framework based on models from other cities, as well as the City's own experience with past special events. In the review of special events ordinances from several municipalities, staff has selected portions of the West Palm Beach and Boynton Beach regulations as a guide in crafting the special events code for the City of Palm Beach Gardens. In addition, staff received input from the City's Special Events Coardinator, the Code Enforcement Supervisor, the City Attorney, the Community Service Administrator, and the Assistant to the City Manager. MAJOR CHANGES Ordinance 49, 2002, proposes to repeal the existing special events ordinance, and adopt a new special events ordinance that includes the following changes: 1. A new specific definition has been added. 2. The minimum advance time has been changed to allow more time for city staff to adequately review each special event permit. 3. A specific section addressing off-premise signs has been added. 4. An indemnification section has been added. 5. Special events will now be permitted in CN zones. 6. The number of special events per year has increased from three per 12-month period to five per calendar year. 7. Tenants, excluding sub-tenants, have been listed as a specific group that is allowed five special event permits per calendar year. 8. Seasonal sales have been added as a specific type of special event. The length of a seasonal sale shall not exceed 30 days, with a five-day time extension by the growth management director. 9. The Development Review Committee (DRC) may review each special event permit at the discretion of the special events planner. Previously, the DRC was not part of the review system. 2 Date Prepared: November 27, 2002 Meeting Date: December 19, 2002 Ordinance 49, 2002 10. A revocation clause has been added if violations arise between the time of the approval and first date of commencement of the event. 11. The City may deny the special permit application if conditions and requirements are not met. 12. Each special event must be cleaned up within two calendar days. 13. A section has been added to allow special events to occur on rights-of-way without City Council's approval. All special events occurring on rights-of-ways will be subject to DRC review, Section 78-187 (d). 14. A special event contract may be required. 15. A fee of $50.00 is proposed for each special event. Non-profits and religious institutions may be exempt. Currently, no fees are being charged. (The fee schedule will be presented to the City Council at the adoption hearing of the subject text changes through a separate Resolution.) 16. Risk management will now be a part of the distribution list. 17. An appeal clause has been added. 18. An enforcement clause has been added. SUMMARY OF COMMENTS FROM THE LAND DEVELOPMENT REGULATIONS COMMISSION: The Planning and Zoning Commission, sitting as the Land Development Regulations Commission, discussed the proposed code at a workshop on October 22, 2002, and approved the petition at a public hearing on November 26, 2002, by a vote of 6-0. COMMENTS FROM CIVIC GROUPS A draft code was mailed to thirty-four (34) community groups, local businesses, churches, governmental organizations, and all applicants who received a special event permit from the City in the calendar year 2002. The groups varied from the Northern Palm Beach Chamber of Commerce and the Honda Classic, to Nutrition Smart and the Palm Beach Gardens Community Church. Staff received minimal feedback on the draft code. Two (2) groups, however, contacted the City to request clarification on the draft code. The first group, Nutrition Smart, a local retails grocery located on the north side of Northlake Boulevard just west of Interstate 95, expressed its appreciation of the new code revisions and asked for clarification on minor items within the proposed draft. The second group, the Palm Beach County Film and Television Commission, located in West Palm Beach, called to see whether the proposed changes would affect a previously adopted Resolution passed to allow them a"one-stop permit" program for motion picture and television production in the City of Palm Beach Gardens (Resolution 27,1990). City staff informed the President of the Commission that the proposed change would not interfere or conflict with the existing agreement between the City and the Film and Television Commission. 3 Date Prepared: November 27, 2002 Meeting Date: December 19, 2002 Ordinance 49, 2002 CONSISTENCY WITH THE LAND DEVELOPMENT REGULATIONS The proposed amendments are consistent with the Land Development Regulations. The proposed language strengthens and clarifies the existing policies. STAFF RECOMMENDATION Staff recommends approval of Ordinance 49, 2002. Date Prepared: November 27, 2002 Meeting Date: December 19, 2002 Ordinance 49, 2002 CITY OF PALM BEACH GARDENS, FLORIDA ORDINANCE 49, 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN AMENDMENT TO THE CITY CODE OF ORDINANCES BY REPEALING SECTION 78-187, "SPECIAL EVENTS," OF CHAPTER 78, "LAND DEVELOPMENT," AND ADOPTING A NEW SECTION 78-187; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City staff has initiated an amendment (Petition LDR-02-07) to the City's Land Development Regulations amending Chapter 78, "Land Development," Section 78-187, "Special Events"; and WHEREAS, on November 26, 2002, the Planning and Zoning Commission, the duly constituted Land Development Regulations Commission for the City, conducted a public hearing and recommended approval and adoption of the subject amendments to the City's Land Development Regulations; and WHEREAS, the City Council has determined the adoption of this Ordinance to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2. The City Council hereby repeals Section 78-187, "Special Events" of Chapter 78, "Land Development of City Code of Ordinances," and adopts a new section 78-187 to read as follows: Sec. 78-187. Special events (a�Definition. A"special event" is herebv defined as an ��temporarymeetin�, activitv, atherin� or roup of persons, animals, or vehicles, or a combination thereof, having a common purpose, desi n or oal upon anv public or private facilitv, street, sidewalk, allev, park, public or private area Date Prepared: November 27, 2002 Meeting Date: December 19, 2002 Ordinance 49, 2002 or building where the special event substantially inhibits the usual flow of pedestrian or vehicular traffic, and is not the type apnroved for, or customarily associated with the site upon which the event is located. A special event shall include but not be limited to citv sponsored and co-sponsored events festivals carnivals seasonal sales concerts parades walks races banner and sign exhibits related to a special event, fund raisin� sales and similar atg herings block parties grand openin� promotions. As used herein a"block partv" is herebv defined as anv temporar� atg herin� of one (1) street block other than arterial or collector streets in a residential zoning district that is closed to throu�h traffic. A maj oritv of residents must consent to closure The event must be sponsored solely by such residents and not be for any commercial or for-profit p�pr ose (b) Permit required or special event. No person firm group corporation or institution shall ap rticipate in advertise for or in anv waYpromote organize control manage solicit or induce participation in a special event unless a special event permit has first been obtained from the city as provided herein. No person, firm group or corporation shall violate anv terms of a special event permit issued under this article nor in any manner interfere with the proQress or orderly conduct of a special event. Anv person, firm, r�oup corporation or institution seeking to conduct a special event in the city shall file a complete application for a special event permit with the special events planner as desi a�n ted by the Qrowth mana�ement director on forms provided bv the city. Unless waived bv the r� mana�ement director for �ood cause and for the public interest of the ci a complete application for a special event permit shall be filed on or before the followin� deadlines nrior to the event to allow sufficient time for the review rocess: Expected attendance: Minimum advance time required to file: Less than, or ec�ual to, 1,000 persons one month 1,001 to 5,000 persons two months 5,001 to 50,000 persons four months More than 50,000 persons six months The applicant shall provide all information solicited on the special event permit application form unless waived by the special events planner unon finding that such information is not necessarv• �c) Permit Requirements �1) Authority. Notarized evidence the propertv owner/managin�agent authorizes the use of the site for the special event reflected on the snecial event permit application (21 Site plan. A detailed site nlan for the event including but not limited to properiv boundaries• road access: location of trash receptacles, sanitary facilities tents or other structures• location of rides if anplicable; location of parking• location of temporarv dwellin�s offices and Date Prepared: November 27, 2002 Meeting Date: December 19, 2002 Ordinance 49, 2002 equipment; and proposed setbacks of activities fences tents booths etc from adjacent properties. (3) Statement of use. A detailed statement of use includin� but not limited to sponsorL) vendors(s) band(s� and/ar other musical operations planned activities duration of event hours of operation anticipated attendance temporar�li ting to be provided on-site security, utilities, and use of generators. �4) On-site siens. A detailed on-site si�n`plan includingproposed location number size type copv area, �raphics, and color, including the dates of installation and removal of all si ns associated with the event in accordance with section 78-290• Temporar�gns Banner si ns and fla�s proposed within the si ria�eplan may be a� rp oved per the discretion of the special events planner. No siQns shall be permitted in the safe site visibilit�triangles as described in section 78-315 (j): Visibilit.� les. �) Off-site signs• Any off-site si�ns including street banners pole banners flags directional siQns related to a special event shall be illustrated in a detailed off-site sign plan that shall indicate on a site plan the location cop�ea �raphics number size t�e and colors of all si�ns associated with the event. Such plan shall be submitted with the snecial event permit and approved b��the growth management director. Off-site signs shall not be vermitted on private propertv. Off-site signs located on up blic property or ri�ht-of-way other than cit,y propertv shall be submitted with the authorization of the an�licable agenc� Off-site si�ns may be displaved no more than fourteen (14) calendar davs before the scheduled event and must be removed within two (2) calendar days after the conclusion of the event. The Qrowth management director may waive such time limitation to allow the applicant to erect off-site signs prior to fourteen (14) calendar days to the scheduled event for �ood cause and the public interest of the citv. No off-site signs shall be permitted in the safe site visibilitv trian�les as described in section 78-315 (j)• Visibilit�� (6) Food service. If food service will be available at the event the applicant shall provide a complete list of food service vendors their respective Palm Beach Countv mobile occunational license permit if applicable Florida State health certificates and a list of the type of food service pro op sed• (7) Alcohol. Applicants mav provide alcoholic bevera�es in accordance with chapter 6 of the city code: Alcoholic bevera�es provided that a copy of the permit issued from the Florida Department of Bevera�es and Tobacco is attached to the snecial event ep rmit a�plication (8) Insurance. The onerator of an event shall provide evidence of insurance acceptable to the city in an amount of at least $1 000 000 00 and shall provide the citv with a certificate of insurance showin� the citv as additional insured Events with an expected attendance over Date Prepared: November 27, 2002 Meeting Date: December 19, 2002 Ordinance 49, 2002 10,000 peonle shall submit a certificate of insurance evidencing covera�e of at least �2,000,000.00, with the city named as an additional insured. Proof of additional insurance mav be reauired bv the citv. Insurance shall not be cancelled or re-issued without a 30-day written notice to the citv. �9) Bond. A refundable security bond or similar financial pled e acceptable to the citv will be required at the discretion of the special events planner to ensure that an� e�is re ap ired and the premises returned to its previous condition prior to the event includin� the removal of anv si�ns or banners within two (2� calendar days of the event (10) Indemnification. The anplicant shall submit an indemnification a�reement as approved by the risk mana�er and the ci attornev includin�any and all such claims suits actions dama�es, or causes of action arising as a result of the special event or of the condition of the premises on which the special event is held including any personal injurv or loss of life or dama�e to or loss of property and from and a ainst an o�r jud�ments or decrees which mav be entered, and from and against any costs attornevs' fees expenses and liabilities incurred in and about the defense or settlement of anv claims and the investigation thereof (11) Other materials. Other materials and documentation as ma b�re�uired bv the owth mana�ement director. (d Review: �) At the discretion of the snecial events planner snecial events permits may be reviewed by the Develobment Review Committee (DRC) in accordance with section 78-46 (dl�A�plication. procedures. (2) All citv-sponsored events shall be reviewed by the community services administrator exce�t for those events that are two (2) consecutive days in length and/or have an expected attendance of 500 people or more in which case shall be subject to a special event permit review. (e) General Standards: (1) Location. Snecial events mav occur onlv on properties possessing the followin non- residential zoning district designations: CN CG-1 CG-2 CR P/I M-1 M-lA M-2 PCD PDA, PO, and MXD. In residential zoning districts or residential vortions of PUDs PCDs or MXDs, special events may occur on public or private schools churches and houses of worship public parks and public or rivate p�ert� (2) Duration. A snecial event shall not exceed seven (7� consecutive days The growth mana�ement director mav authorize one (11 administrative time extension of up to three (3) 4 Date Prepared: November 27, 2002 Meeting Date: December 19, 2002 Ordinance 49, 2002 days for �ood cause and for the public interest of the cit�y event more than ten ( l OLys in length must be submitted to the city council for approval. Seasonal sales, includin� pumpkin sales and Christmas tree sales, shall not exceed thirty (30) days. The �rowth mana�ement director may authorize one (11 administrative extension for up to five (5) calendar davs based on a justification statement submitted b t�pplicant that illustrates the extension is for good cause and for the public interest of the city. Firework sales shall not be considered a type of seasonal sale, and are subject to duration limitations of a regular special event listed above. �3) Number per vear. Not more than five (5) temporarv events every calendar vear shall be held b��a�plicant at one location, unless otherwise approved bv the city council following a recommendation bv the growth management director. Events with 5,000 people or more shall be limited to three (3) events per site per calendar year. No events shall occur consecutivelv, except for those with city council approval, and if approved shall re uire a separate permit and fee for each event. Tenants located in commercial plazas, excludin� sub-tenants, are permitted five (5 events per tenant each calendar year; however, this number of permitted special events shall exclusivelv applv to each tenant, and cannot be transferred to another tenant or partv. Citv^s�onsored and citv co-sponsored events are hereb, e�pt from the limitation on the number of events per .�� (4) Access. With the exception of block parties, all efforts shall be made to provide vehicular access from a collector or arterial roadwav. (5) Tra�c control. Use of citYpolice or acceptable alternative to direct and control traffic may be required. (6) Sanitation. Plans for sanitation including temporary bathroom facilities, inspection of food facilities, drainage, garbag��e and litter control, and rec ��� shall be approved b��growth mana�ement director. (7��liance. If a violation occurs at an event permitted bv the city, the r� mana�ement director ma ���permits to the operator for future tempararv events for a period of no more than ei teen (18) months. (fl Denial of special event permit. A special event permit shall be denied under the following conditions: (1) The application is not complete in all material respects accurate within the knowled eg of the Date Prepared: November 27, 2002 Meeting Date: December 19, 2002 Ordinance 49, 2002 special events planner. The special events planner mav allow for anv additional materials to be submitted within seven (7Lavs of notification bv the special events planner. (2) All of the conditions set forth in section 78-187 and all contractual requirements imposed by the ci ,t� if any, have not been met. (3) The special event will interfere with or unduly burden municipal services including but not limited to police, fire, and emergency medical protection, water and sanitar�sewer service and solid waste removal. (4) The public benefit has not been demonstrated. (5) The permit fee has not been paid. (g) Conditions or rg antin�a _special event permit. All special event permit applications ap rp oved pursuant to this article shall be subiect to the following conditions: (1) The public areas utilized shall be cleaned within two (2) calendar da�p followin�ny special event, and in all respects restored to its former condition. (2) All city ordinances, rules or regulations applicable to the special event shall be observed unless indicated in such section or waived bYthe growth management director for good cause and the public interest of the cit� (3) The special event permit mav be revoked bv the cit i�f an_v conditions listed in (fl arise anytime after the issuance of the permit and prior to or durin tg he s�ecial event. (h) Exemption of public right_of-way closures. Any special event or block party that is temporarilv blockin� off, fencin� or in an�y, ap�ro�,riating an�publicly dedicated street, sidewalk, or alley within the city for a special event or block party is hereb. e� empt from section 62- 2 of the city code of ordinances; however, such permit application shall be subject to review in accordance with section 78-187 (d). Closure of an�public ri�ht-of-wav not within the Cit ��'s jurisdiction shall re uq ire apnroval from the appropriate authorit� �iLSpecial event contract and citv service fees. The cit�ma ��recLuire, as a condition of a special event permit, that the applicant enter into a contract with the city relative to the duties and responsibilities of the nermit holder as a condition of the special event. By such contract, the citv shall require that the applicant pav to the city the municipal costs in providin� services in support of the special event. The city may require that the applicant pay to the citv a user fee for the use of public property_ �j) Police services. The police department shall review the permit application and assess the Date Prepared: November 27, 2002 Meeting Date: December 19, 2002 Ordinance 49, 2002 need for police services. If police services are required the applicant will be informed of such and will take the responsibilitv for contacting the police departrnent directiv The applicant is responsible for the cost of these services. The police chief or his/her designee is the final authority on the need for nolice service, includin� the number of officers required and the hours assigned (k) Fire rescue services/emer�cy medical services The fire rescue department shall review the permit anplication and assess the need for iire rescue services andlor emergency medical services If such services are required the applicant will be informed of such and will take responsibility for contacting the fire rescue department directiv The applicant is responsible for the cost of such services. The fire chief or his/her desi�nee is the final authoritv on the need for fire rescue and/or emergency medical services. (1) Community services. The communitv services department shall review the permit and assess the need for community services If services of the department are required the applicant will be informed of such, and will take the responsibilitv for contactin� the communitv services department directiv. The apulicant is responsible for the cost of such services. The public works mana eg r or his/her designee is the final authority on the need for public works services. �) Appeal of permit application. T'he applicant ma�ppeal, bv written request the denial of a special event permit to the citv mana�er's office or designee within ten (l0�vs of the growth mana�ement director's decision. The written request shall specificallv state what portion of the denial is bein�appealed. The cit�manager's office shall have thirtv (301 days to make a decision and to notifv the applicant. The city shall reserve the right to char�e a non-refundable filing fee to offset all, or a portion of, the costs involved in handlin t�appeal. �n) Enforcement. Any violations of an�provision of this article shall be enforced by the code enforcement snecial master consistent with section 78-741(b) of the municipal code. SECTION 3. It is the intention of the City Council and it is hereby ordained that the provisions of this Ordinance shall be made a part of the Code of Ordinances of the City of Palm Beach Gardens, Florida, and that Sections of this Ordinance may be renumbered or relettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. SECTION 4. All Ordinances, or parts of Ordinances in conflict herewith, are hereby repealed to the extent of such conflict. SECTION 5. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance than can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. 7 Date Prepared: November 27, 2002 Meeting Date: December 19, 2002 Ordinance 49,2002 SECTION 6. This Ordinance shall become effective on the day of adoption. PASSED, FIRST READING this day of , 2002. PASSED, SECOND READING this day of , 2003. PASSED, ADOPTED AND APPROVED this day of , 2003. SIGNED: MAYOR JABLIN VICE MAYOR SABATELLO ATTEST: PATRICIA SNIDER, CITY CLERK VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO I HEREBY CERTIFY that I have approved this ORDINANCE as to form. LEONARD RUBIN CITY ATTORNEY AYE NAY ABSENT E: Sec. 78-187. Special events. (a) Special euents. The growth management director may approve a special event adver- tised to both residents and nonresidents. Such events may occur for one or more days, and include but are not limited to outdoor festivals, craft shows, carnivals and eimilar outdoor amusements, plant sales, paradea on public rights-of-way, seasonal sales af inerchandise including fireworks and Christmas trees, concerts, and any other event opened to and expected to attract both residents and nonresident. (b) Location. Special events may occur only on properties poasesaing the fallowing nonres- idential zoning district deaignatione: CG-1,.CG-2, CR, P/I, M-1, M-lA, M-2, PCD, PDA, PO, and MXD, In residential zoning dietricts, or residential portions of PUDs, PCDs, or MXDs, gpecial events raay occur on public-serving properties which are the sites of public or private schools, churches and houses of worship, or public parka or public�property. Supp. No. 10 CD78:179 � 78-167 PALM BEACH CiARD�N� OOIIB (c) Dwcratinn. A special event ahall not esaeed eeven aon�eautivs daya. The growth management director may authorize one administrative tinse extenaion of up to three days. Any eve�t more than ten daye in length ehall be �ppro�ed by the eity council. (d) Number per year. Not more than three temporary events in any 12-month period ahalj be held on the same lacation, unlese otherwiee appraved by the city council foAowing a recommendation by the growth management direetor. (e) Compliance. If a violation occurs at an e�ent permitted by the city, the growth management director may deny permita to the operator for similar temporary events for a period of not mare than 18 montha. (� Review. Tkie growth management director may require review of a temporary event peranit by the development review committee or other memb�re of city ataff. (g) General standards. Temporary special events shall comply with the standards listed below. (1) Access. Vehicular access &om a collector or arterial roadway shall be provided. Access from a local street is protubited. (2) Setbacks. `I`he ininimum setbacks indicated in Table 22 shall apply to all parking areas, mobile homes or similar temporary dwellings or offices, tents, mechanical devices, carnival rides, and animals associated with such activities: Table 22: Minimum Setbacks for Special Events Note: '��et,baeks to be measured frorn aativit� or �otau�tiea to �.e�rest t�+e�ida�tia� property line if event is located with�n a rsride�tiai �P�,�g d;strict. (3) Traffic control. Use of city police or acceptable alternative to direct and cantrol traffic may be required. (4) Sanitation. Plans for sanitation inclt�di�g t�n�vr�.y �ab%i�r-no� #'aa!aiiities, �:p.ec�iou of €�ad faci�iiies, drainage, and garbage �a�d �it�ier ��r;�?�, s�a� i�.� �rawv,ad by �e grow�h ma�l.agement director. Sugp. iato. �9 C�'�$:�,�Q m LAND DEVELOPMENT § �g-lgg (h) Application requirements. The information Listed below may be required by the growth management director as part of a requeat for approval of a temporary event. (1) Authority. Evidence the property owner authorizes the use of the site for a special event. (2) Site plan. A general site plan for the event, including property boundariea, road acceae, location of tente or other etructurea, location of tides, location of parking, location of temporary dwellings or ofi'ices, and propoaed setbacks of activities, tenta, booths, etc., from adjacent properties. (3) Statement of use. A general statement of use, including but not limited to sponsor, planned activities, duration of event, houra of operation, anticipated attendance, temporary lighting to be provided onsite, security, utilities, and use of generators. (4) Signs. A general sign plan, including propoaed number, size, location, and dates of installation and removal of all signs associated with the event. (5) Other materials. Other materials and documentation as may be required by the growth management director. (i) Surety. The growth management director may require the operator of an event to post a cash aurety, or other form of security, to provide funds to cleanup or othervRise mitigate a site following a temporary event. (j) Insurance. The operator of an event shall provide evidence of a general liability policy in an amount of at least $1,000,000.00, with the city named as an additional insured. Proof of additional insurance may be required by the city. (k) Authorization. The growth management director shall issue written approval for a temporary special event, including any conditions or restrictions placed on the proposed activities. (Ord. No. 17-2000, § 100, 7-20-00) � c���3 :'�-�i�� .�. � �� � `�-� �.�„�' ;��F,�; �l = TO DATE CITY OF PALM BEACH GARDENS MEMORANDUM North Palm Beach Chamber of Commerce Arti Gras Christ Fellowship Trinity United Methodist Church St. Ignatius Cathedral Amara Shrine Center St. Mark's Episcopal Church Church in the Gardens Howard Alan Events Meridian Park H.O.A Palm Beach County Sports Institution Cosmos Street Neighbors A.A.A. Automobile Club Happy Holiday Seasonal Sales Catalfumo Construction Company Neighbors of Dogwood Avenue American Cancer Society Publix Albertson's Winn-Dixie Stores Frenchman's Reserve The Sport's Authority Phillip Morris Management Corporation The Knights of Columbus Council Home Depot, Crossroads at Northlake Nutrition Smart P.B,G. Elementary School Timber Trace Elementary School Paddy Mac's Broken Mold Promoters Palm Beach County Film and Television Palm Beach Gardens Medical Center October 29, 2002 THROUGH: Charles K. Wu, Growth Management Director (iu"`� " FROM Natalie Wong, Planner /,%/L� SUBJECT: Special Events Draft Code An advanced copy of the proposed special events code modifications is being provided to you for your information and review. These modifications will repeal the existing code, and will attempt to provide new clear and comprehensive guidance on the permit review procedure, application requirements, and other general standards for special events that occur within the City of Palm Beach Gardens. The proposed draft code has been reviewed once as a workshop item by the Planning and Zoning Commission, and is tentatively scheduled for a Planning and Zoning public hearing on Tuesday November 26th, 2002. We welcome any comments or suggestions you may have. As such, please submit any comments prior to November 8th, 2002 to: Natalie Wong, Planner City of Palm Beach Gardens Growth Management Department 10500 North Military Trail Palm Beach Gardens, FL 33410 Tel. 561.799.4299 Fax. 561.799. 4281 Cc: Ron Ferris, City Manager Mayor & City Council Charles K. Wu, Growth Management Director Ann Schilling, Public Information Specialist Len Rubin, City Attorney Attachments: 1. Draft Code � '� ��, CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: November 27, 2002 Meeting Date: December 19, 2002 Ordinance 51, 2002 Subject/Agenda Item: Ordinance 51, 2002: PUD Amendment for Shell Gas Station at 4445 PGA Boulevard City Council First Reading: A request by Jason Perry of MDM Services, on behalf of Henry Miller, to amend the Shell Station Planned Unit Development (PUD) in order to change the color of the building elevations & signage at the existing gas station. The applicant is proposing to paint the canopy, building, and trash receptacles with a new color; and to replace the existing monument and canopy sign. The 0.52-acre site is located at the northeast corner of PGA Boulevard and Military Trail. [X ] Recommendation to APPROVE Recommendation to DENY Reviewed by: � Originating Dept.: Costs: $ Planning and Zoning Principal Planner Growth Manageme (Total) Action: Talal Benothma , P Project Manager� City Attorney Brad Wiseman [] Approved Development Compliance ,�,$ � � � $ [X ]Approved w/ Current Funds conditions Bahareh Wolfs, AICP ` . [ ] Denied Advertised: [] Funding Source [] Continued to: Date: [ ] Operating Attachments: • Table 1 [ ] Other � Table 2 • Waiver Justification � Ordinance 51, 2002 Paper: Palm Beach Post Submitted by: [X] Not Required Gr h Management ��1�. Charles K. Wu, AICP Budget Acct.#: Department Director Affected parties Approved by: [X] Notified [ ] None Ron erri City Manager [] Not required � � Date Prepared: November 27, 2002 Meeting Date: December 19, 2002 Ordinance 51, 2002 BACKGROUND The Planning and Zoning Commission, sitting as the Site Plan and Appearance Review Committee, approved plans for a BP oil station for this site on August 4, 1982. In 1994, the City Council approved Resolution 35, 1994, granting a landscape variance due to Florida Department of Transportation modifications to Military Trail. On April 26, 1994, the Site Plan and Appearance Review Committee approved an amendment to the elevations and color changes to the gas station to reflect the name change to Shell. In 1997, the City Council approved Ordinance 18, 1997, providing for a rezoning to Planned Unit Development (PUD) Overlay, renovations to the existing station & signage, and convenience sales as an accessory use. The current petition is considered a PUD amendment because the applicant is proposing changes to the approved building elevations and signage. Section 78-49 (b) (10) of the City's Land Development Regulations requires that the City Council give final approval following a recommendation from the Planning & Zoning Commission. LAND USE & ZONING The subject site has a future land-use and Vision map designations of Commercial. The site is zoned Planned Unit Development Overlay with an underlying zoning of CG-1 (General Commercial). The. site is located within the PGA Boulevard Overlay Corridor. Please see attached Table 1 for details on the surrounding properties. PROJECT DETAILS Buildin� and Canopy Color Scheme: The canopy fascia and spandrels are proposed to change from gray with a yellow band to white, as depicted on sheet A-1 attached. The building, canopy columns, and trash receptacles will be painted white with a twelve-inch gray band at the bottom as depicted on sheet A-1 attached. The proposed colors of the building and canopy are white and gray earth tones, and are similar to the colors of the adjacent Gardens Square shopping center and First Union (Wachovia) building. Signa�e Chan� The current canopy sign will be replaced from white to red, and will be backlighted with neon. The height of the letters is 19.6 inches. The sign is in compliance with Section 78-285 of the City Code requiring letters to be no larger than thirty-six (36) inches. The proposed monument sign is a total of 56 square feet and will consist of a 3-foot off-white solid base with a yellow Shell logo on a white 2 � Date Prepared: November 27, 2002 Meeting Date: December 19, 2002 Ordinance 51, ZOOZ background. The proposed gasoline price sign is integrated into the monument sign and will consist of a changeable copy with yellow numbers on a gray background. The monument sign is in compliance with Sections 78-285 and 78-287 of the City Code. Please see Table 2 attached for details of project consistency with City Code requirements. CONSISTENCY WITH PROPOSED ARCHITECTURAL DESIGN GUIDELINES FOR NONRESIDENTIAL DEVELOPMENT The wall sign is consistent with Section 4.1.1 of the proposed Design Guidelines, which states that a preferred type of a wall sign may consist of individually backlit channel letters. The monument sign is consistent with Section 4.1.2.1 of the proposed Design Guidelines, which states that a preferred type of a monument sign be compatible with the building design. The proposed colors of the monument sign background and base are white and gray, respectively, which are consistent with the colors of the proposed building and canopy elevations. CONSISTENCY WITH SECTION 78-221: PGA BOULEVARD CORRIDOR OVERLAY Note d.2.c. of Section 78-221 of the City Code states that the redevelopment of projects need to preserve and enhance the existing visual character of the corridor, which the proposed amendment attempts to achieve by: A. Changing the color of the building and canopy to white with a gray band, which would be more aesthetically pleasing than current color of dark gray with a yellow band. This change is consistent with this standard, given the color and exterior texture of surrounding buildings (please see Table 1); and B. Installing the new monument sign, which would improve the visual character of the affected area of the corridor. Note h.l.b of Section 78-221 of the City Code states that all building facades visible from public rights-of-way and adjacent properties be designed to create a harmonious effect with its surroundings. It also states that one of the ways harmony can be achieved is through building colors. The proposed amendment is consistent with this standard because it is compatible with the surrounding buildings. Date Prepared: November 27, 2002 Meeting Date: December 19, 2002 Ordinance 51, 2002 LIGHTING CONCERNS The on-site lighting at the station currently does not meet code in two areas: a.) the foot-candles are 43.8, exceeding the required 10 foot-candle maximum; and b.) lighting causes a glare to passersby on PGA Boulevard and Military Trail. The applicant is willing to recess the lighting into the canopy and to reduce the maximum foot-candles to 32.1. A waiver request has been submitted to allow for the foot-candles to exceed the code requirement (see attached). PLANNING & ZONING COMMISSION RECOMMENDATION The Planning & Zoning Commission held a public hearing on September 24, 2002, and recommended approval with the condition that the on-site lighting meet City Code requirements. The proposed amendment, although an improvement, will not meet the City Code requirement of ten (10) foot maximum candle levels. This waiver is typically requested by gas stations, drive through drug stores (Walgreens 27.0 foot-candle levels), and fast food restaurants. For example, the Speedway Service Station located on PGA Boulevard �was granted a waiver to allow for one hundred (100) foot-candle levels. For the Council's information, the proposed ordinance includes this waiver. STAFF RECOMMENDATION The proposed colors demonstrate harmony with each other while maintaining enough contrast to create visual interest, and are compatible with the surrounding area. Staff recommends approval of Ordinance 51, 2002, and the foot-candle waiver. � Date Prepared: November 27, 2002 Meeting Date: December 19, 2002 Ordinance 51, 2002 � �� � �` � ` : .., `����j� _ � : TABLE 2 �� zy� �' �' , ���, �� �� � �� � CUNSTSTENCY WITH TI3E CaDE� , '��� r� ��.... �.� .���...��.. > �� .. �..K_ .._.�.._�. �.. Code Requirement Proposed Plan Compliance? __ _ Wall Sign 5 Red Channel Letters Yes, City Code Back lighted w/neon Section 78-285 requires Height: 19 5/8 inches signs to be no larger than 36 Length: 119 inches inches in height Area: 16.16 feet Monument Sign Square feet: 56 Yes Base not including sign: 3 feet Yes Setback: 15 feet from R-O-W Yes Brad/PUD-02-09 stf pz PHear.doc Attachments ,- MDM Central Florida 3708 DMG Dr. Lakeland, FL 33811 863/846-9130 863/648-1106 FAX email: mdmeng�gate.net MDM South Florida 1412 SW 34th Ave. Deerfield Beach, FL 33442 ssaa2�-so�s 95M427-3420 FAX email: Ibmeng � aol.com MDM Attanta 921 Faulkner Lane Ball Ground, GA 3ot07 770/345-3960 770/345-3961 FAX email: mdmsvs�aol.com MDM Texas 1000 Post & Paddock suite 100 Grand Prairie, TX 75050 972/206-2202 972/602-8482 FAX email: matmdmbc�aol.com MDM SE._ �ices, Inc. Engineering and Environmental November 12, 2002 City of Palm Beach Gard�►s 10500 N Military Trail Palm Beach Gardens, FL 33410 RE: Lighting Waiver Request Shell Station 4445 PGA Blvd ,-� ' �� �. � ° �� City of P.D. Gardens ;;', I'����d !L �iJ.:� �— ,.. l,!'�,rtlH ;`�'. � MRrii,GLa/ENT , \; � DEPARTMENT 'i�-,.._. - � \ .; r; _' _�..ti`'. On behalf of Motiva Enterprises LLC we would like to request a waiver to excced the cities lighting standard of a maximum of 10 ft candles. The existing sight has nine pole lights and fifteen canopy lights. Per the request of the planning and wning board we are reducing the light levels on site. Unfortunately we do not agree with the 10 ft candle maximum and are therefore requesting a waiver. In order to improve site conditions we are willing to replace the fifteen existing canopy lights with new recessed lights with 175 watt bulbs instead of the e�cisting 250 watt bulbs. This as you can see this will reduce the light levels on site as well as reduce the glare &om the station for drivers on Military Trail and PGA Blvd. Waiver Criteria: 1) The request is consistent with the city's comprehensive plan. The site is akeady not consistent with the city's comprehensive plan we are bringuag, the station further into compliance by lowering the light levels to a reasonable level and reducing the glare from the canopy lights. Any further reduction in lighting might m�ke the site unsafe for pumping gas at night. Especially so close to a major interstate (I-95). 2) The request is consistent with the purpose and intent of this section. This request makes the site more compliant with the city code and decreases the glaze for passing motorists while maintaining high enough light levels on site to keep customers safe while pumping gas. 3) The request is in support of and furthers the city's goals, objectives, and policies to establish development possessing architectural significance, pedestrian amenities and linkages, employment opportwnities, reduction in vehicle trips and a sense of place. This section is not applicable to our application beyond the repainting of the building approved by the planning and zoning board. Although the reduced light levels may reduce the number of trips to the station because not as many people will notice that it is there. 4) The request demonstrates that granting of the waiver will result in a development that ezceeds one or more of the minimum requirements for PUD s. This is an existing site that we are trying to improve with a reimage to Shells modified color and signage scheme and in the process the light levels on site have become an issue. We are proposing to reduce the non-conformity with the code, but not completely remove it. 5) The request for one or more waivers results from innovative design in which other minimum standards are egceeded. • Civil Engineering • Building Design • Permitting • Geotechnical • Environmental Assessments, Remediation • Construction Management �� Again this is an existing non-conformity, which is being reduced at considerable expense to the owner. Our proposed changes improve conditions on and off the site. 6) The requesb demonstrates that granting of the waiver will result in preservation of valuable nataral resources, including environmentally sensitive lands, drainage and recharge areas and coastal areas. Not applicable. This site is already fully developed and the waiver will have no effect on any of the aforementioned items. � The request clearly demonstrates public benefits to be derived, including but not limited to such benefits as no-cost dedication of ROW, eztensions of pedestriaa linkages outside of the project boundaries, preservation of important natural resources, and use of desirable architectural, building and site design techniques. The public benefits derived from this application are a freshly painted building with recessed lighting under the canopy to reduce glaze to pedesMans and motorists at night. 8) Sufficient screening and buffering, if required, are provided to screen adjacent uses from adverse impacts caused by a waiver. There is akeady thick vegetation and screening between this parcel and its neighbors and the reduction of on site light will lower existing adverse impacts. 9) The request is not based solely or predominantly on economic reasons. This request is made for public safety as well as economic reasons. The safety of motorists at the intersection will be improved by the fact that the lighting will no longer blind them. 10) The request will be compatible with e�sting and potential land uses adjacent to the development site. T'he existing area around the area is commercial and the e�cisting gas station is quite compatible with the rest of the area. 11) The request demonstrates the development will be in harmony with the general purpose and intent of this section, and that suc6 waiver will not be injurious to the area involved or otherwise be detrimental to the pnblic health, safety, and welfare. The request will actually improve the safety of motorist's offsite while maintaining the safety and welfare of customers on site. I hope that this letter has satisfied your requirements and if you have any further questions or comments feel free to contact me. Sincer ly, son Perry Permitting and Engineering Support � Date Prepared: November 27, 2002 CITY OF PALM BEACH GARDENS, FLORIDA ORDINANCE 51, 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN AMENDMENT TO THE PLANNED UNIT DEVELOPMENT FOR THE PGA SHELL SERVICE STATION LOCATED AT 4445 PGA BOULEVARD TO ALLOW COLOR CHANGES TO THE BUILDING ELEVATIONS AND NEW SIGNAGE; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR A WAIVER; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application (PUD-02-09) from MDM Services, agent for Henry Miller, for the approval of color changes to the existing service station and the addition of a new monument and canopy sign located at the northeast corner of Military Trail and PGA Boulevard, as more particularly � described in Exhibit "A" attached hereto; and WHEREAS, Ordinance 18, 1997, approved a rezoning of the subject site from General Commercial (CG-1) to Planned Unit Development (PUD); and WHEREAS, the subject parcel is currently zoned Planned Unit Development (PUD) Overlay with an underlying zoning of General Commercial-1 (CG-1) and has a future land-use designation of Commercial (C); and WHEREAS, the applicant is seeking one (1) waiver as part of the Planned Unit Development amendment; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, on September 24, 2002, the Planning and Zoning Commission recommended approval of the proposed amendment; and WHEREAS, the City Council has determined the adoption of this Ordinance to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2: The City Council hereby approves a Planned Unit Development amendment for the purpose of color changes to the existing building elevations and replacement of the existing monument and canopy sign for the Shell Service Station located at 4445 PGA Boulevard, as more particularly described in Exhibit "A" attached hereto and incorporated herein. SECTION 3: Said site plan approval shall comply with the following conditions that shall be binding upon the applicant, its successors, assigns, and/or grantees: 1.) No additional signage or banners shall be installed on site without City approval (Planning & Zoning). 2.) The lighting source from the canopy shall be recessed so that there is no off-site glare or lighting spillover into PGA Boulevard and Military Trail (Planning & Zoning). SECTION 4: The City Council hereby approves the following one (1) waiver for the Shell Station Planned Unit Development with this approval: � 1.) A waiver from Section 78-182 (�(4) of the City Code, which requires a maximum of 10.0 foot-candle level. The applicant proposes a maximum foot-candle level of 32.1. The waiver is approved for an additional foot-candle level of 22.1. , SECTION 5: Said approval and construction shall be consistent with plans filed with the City's Growth Management Department as follows (dates represent the date the plans were received and stamped in): 1.) Site Plan by MDM Services, sheet C-1 (1 sheet total), dated September 10, 2002. 2.) Building Elevation Image Upgrade by MDM Services, sheets A-1 (2 sheets total), dated September 9, 2002. 3.) Shell Signage- Equiva by Boca Signs, 1 sheet, dated September 10, 2002. 4.) Photometric Lighting Plan by MDM Services, sheet PH-1 (1 sheet total), dated November 12, 2002. 2 SECTION 6: All Ordinances or Parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 7: Should any section or provision of this ordinance, or any portion, paragraph, sentence, or word thereof, be declared by a court of competent jurisdiction to be invalid, such declaration shall not affect the validity of the remainder of this ordinance, but only that part declared to be invalid. SECTION 8: This Ordinance shall become effective immediately upon adoption. PLACED ON FIRST READING THIS 19th DAY OF DECEMBER 2002. PLACED ON SECOND READING THIS DAY OF 2003. PASSED AND ADOPTED THIS DAY OF 2003. [THIS SPACE IS 1NTENTIONALLY LEFT BLANK] 3 �� . .' MAYOR JABLIN VICE MAYOR SABATELLO ATTEST BY: PATRICIA SNIDER, CITY CLERK VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO AYE 4 COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: LEONARD G. RUBIN CITY ATTORNEY � NAY ABSENT La '4` ` .%•�s EXHIBIT A LEGAL DESCRIPTION� A PARCEL OF LAND IN SECTION 1, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARIY DESCRIBED AS FOL�OWS: COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 1; THENCE RUN S88'10'S6"E ALONG THE SOUTH LINE OF SAID SOUTHEAST t/4 FOR A DISTANCE OF 60.00 FEET TO A POINT; THENCE RUN NO2'09'41 "E FOR A OISTANCE OF 59.64 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE CO�lCAVE TO THE WEST; THENCE RUN NORTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 22,g7g.31 FEET, THRU A CENTRAL ANGLE OF 00'21'22", FOR AN ARC DISTANCE OF 142.85 FEET TO THE POINT OF BEGINNiNG; THENCE CONTINUE NORTHERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 00'22'33", FOR AN ARC DISTANCE OF . i 50,70 FEET TO A POINT; THENCE RUN S62'07'27"E FOR A DISTANCE OF 168.76 FEET TO A POINT; THENCE RUN S02'09'41 "W FOR A DISTANCE OF 150.00 FEET TO A POINT; THENCE RUN N62'07'27"W FOR A DISTANCE OF 167.18 FEEf TO THE POINT OF BEGINNING. \ / � � , � � –� , ,�-� C �'� �l� v.���.E 11 '�l l 1�1 1' i,l � � � � 1 4 `,�' W ��� = � '',,��� Q � ,��, ��,; �� , ��� ti � � ���¢ � . � .• � z� �t � ���`� ��';§,� � � � �. � � _ �, ! -� �; �.,� � r T " � � � �� �°' "-���,% � ✓% � ... ,�_� F�� �� �.a i . �,� � .. \{If � � '" r — "'� --__—♦� �:u F� —. ' �� / � � ._ � I �`� �I � . :, z� ^... ' . ..�, . , � � . � _ Rpj�p•�]83f DELTA-00'1i'39' �Pfi613P� �. _ _ — �� � I — — � .._- _ �' \ I —.__ ii.. ._ _ _ _—_ __ . ___"_. —_ ._ . . p ., � � �� 1�" .— - - '-e.a...,.�, ..�..`.r- ,; F. 'I i ns�ai i.��em � � '� ;� � - .� .� i, I .:�.o �- ll � � _— —__— __ —____. _. , .. II . .����. - �. ... . . . _ — . . .. __. __� . _— __ _ __— _ . 1 '_—_— _—_— '—'—_—_—_— _'—_—_—__ _ _— I —' �_—' �-w�.Ai'��. � . -" � .R���_ , ,., �N �..,,.... II ,�.�.,w., MILITARY TRAIL � ; I f8TATE ROAD X609) � �/ �� � I �► � p3COPE OF WQRK� 8qn ���r.. . . >.r...„=,�� �.._ �� oP�.... .,.. r �o � O TMS - . �rtcrs wu sr��° »» mex �ssn n - x . .xc. �aa ssuac r.sM �.ro c�ix �cr . � nu �no. r suini... �.s �.N o .�.so.�ae �oN .���. � oN � �w � an c� e�uP�w�s*��w�� �n �a �i� .s�_�o. � 09 WtB�tbf?. �.TM �_ ��. e.,o. oa�, �� � � as v� .��� �, LEVEL 2 I �� j �p<< 4 LOCAiION MAP LEGAL DESCRIPTION� NOT� .. 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J �w,,, ��y s.« � �� c,�� � � °9. . , � � ' ,, ��� �, � ,� `1► . ` ��r >, � . ���y �° � >> � � � ' �� o - � a.i o .,e 1 . p , e � �% ,� py��{. ���_� �/ ,n - sT . --� �PQ4 . i �.a�� • } ._�PPNB'27.E]8.31' �ELTAC01493' AHC 150N' . _ _ t �— �oe o 0 0 a o�, w z�_ �n m r ��s > > x _¢e �w u .es a�� al> �3��� � �, ,�� .2��r, � MILITARY TRAIL (STATE ROAD ik8O9) ; �r 1 � � 1-' 9 / , � ,, � vn� � �� 61 ��� '� ,�� � c; :�o:� ��. � � �? . /,, �� � �� / � y� ; ,' / 9'� �.,.� u�ao� � � — —_— � � � �► �����-�= ��� ��������� ������������ � o ��� � � � �ns � �� � �..`11` �,.�� � �'� 11� li�l � � �i 1 w "� _ , ` �� '� m �1�1 i .4 ,, o.. `I�'1 , �� , 1 Y °`us . �_�� - 4 '_—_�1_( _—_—_—_—_—_ /� STATISTICAL DATA_ .-aiSTIGLL A?G'. PRVCC -'_ ____ _�2AGC fc - ].25 _��� �IMl11A 'c - 25.1 .IUUU tr - � 09 _�AGE/MIiIMUM = fi.Jl ,axiuUM/tiirv AIIM = 23Z� -i�.SriCA� A�EA _ n��'J'T ... _ ic ____'.________..___ ______ 2'�.Sc = AG� �..V�JM fc = 32 i 'JnRPLE/MINiMUM 553.}i /M V 33 S Cn ER 0 F�' P II.G -CV i BOif N-�J , .Hr �.Erra s ncaun r. a. \\��� \% `��_� °'� �__ _ FLAT LENS SCOTTSDALE Directionai ^����-�but'� i I �'� +�.t =-�' -'-�-�+ �1ela Hal de Lamp C ft ;=_ad F a: L r� Existing 73" �� a Remove existing sign and replace with New Standard National Shell Product EXISTING'SIGN'AREA Shell 17'sq. ft. ETD 10.14 sq. ft. Price 19.77 sq. ft. TOTAL 46.91, sq., ft. � � �� � W Proposed 4'- 0" 4'-'0" ��� 9 0�0 9 a,-•o„ 0009 m x 0 � d � � � � 0 3'- 0" All backgrounds are opaque including white for logo PROPOSED SIGN AREA Shell 16'sq.�ft. Price 16, sq.'ft. TOTAL 32, sq., ft. TOTAL PROPOSED-SIGN'STRUCTURE 8'-0"x� 7'- 0"=- 56* SQ. FT. Total' allowable' is, 6Q Sq, Ft. y � � o �a m e�n a°Oo L M � N > � � � M � N � �A o '= o m o. °� � o o� � Q ._ �� �� W � y c c � � o � � � � m C7 � Q O\O� a�°� Cz°�m � ' � E .� � 0 � � a � O � � � s � c` � r CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: November 27, 2002 Meeting Date: December 19, 2002 Ordinance 52, 2002 Subject/Agenda Item: Ordinance 52, 2002: Non-Commercial Messages City Council First Reading: A City-initiated request to add a new section to the sign code of the Land Development Regulations entitled "Non-Commercial Messages." The objective of this amendment is to correct disparity in the sign code, if any, as it relates to the regulation of commercial and non-commercial speech. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: ,(� Originating Dept.: Costs: $ P&Z Commission Action: Principal Planner �cV Growth Management (Total) Talal Benotlunan, AICP Project Manager_Q ,L,/ Brad Wiseman, Planner Ciry Atto y [ ] Approved Leonard bin, esq $ [ ]Approved w/ Development �'� � Current FY conditions Compliance � � Bahareh Keshavarz-Wolfs, [ ] Denied AICP Advertised: Funding Source: [] Continued to: Date: [ ] Operating Attachments: Paper: [] Other • Ordinance 52, 2002 Submitted by: [ X] Not Required [] None Growth Ma g e Affected parties Administrat r i �] Notified Budget Acct.#: Charles K. u, AICP [ X ] Not required Approved by r City Mana r _ Ronald M. Fe 's � .• r Date Prepared: November 27, 2002 Meeting Date: December 19, 2002 Ordinance 52, 2002 BACKGROUND: The City currently has a zoning in progress for Division 6. "Signs" of the Land Development Regulations in order to address non-commercial messages. The objective of this amendment is to avoid a constitutional challenge that has been raised by representatives of the billboard industry. Section 78-284 (b) of the City's Land Development Regulations prohibits all off-premise signs, including billboards. By contrast, non-commercial signs such as political campaign and free speech signs are allowed in accordance with Table 25 "Temporary Signs" of the Land Development Regulations. Other municipalities in the State of Florida have used similar prohibition to deny billboard permits. Once denied, billboard organizations, such as Florida Outdoor Advertising Inc., have filed lawsuits against municipalities alleging that the sign code treats non-commercial and commercial speech differently. Below is a brief summary of the litigation involving the Cities of Boynton Beach, Delray Beach, Deerfield Beach, Clearwater, Wilton Manors, and Boca Raton. Bovnton Beach Florida Outdoor Advertising Inc. had filed permits for billboards with the City of Boynton Beach, which were denied by City staff. Florida Outdoor Advertising Inc. filed a lawsuit against the City. The court ruled Boynton Beach's sign code unconstitutional as it pertains to its prohibition of billboards. Its sign code treated commercial and non-commercial speech disparately. Off site political signs were allowed, but not off site commercial signs. Florida Outdoor Advertising Inc. was then permitted to install billboards in accordance with the Florida Department of Transportation regulations. Since then, the City has adopted a sign code that regulates outdoor signs based on their size, location and aesthetics rather than on their message. Delrav Beach The City of Delray Beach recently entered into an agreement with Florida Outdoor Advertising Inc., because its attorneys felt their sign code had the same disparities as the Boynton Beach's code. Delray Beach did not address billboards in its sign ordinance and its code was not content neutral. Much like Boynton Beach's code, non-commercial speech had greater protection than commercial speech. Delray Beach came into an agreement to allow for two (2) of the seven (7) billboard permits that were filed. Deerfield Beach The City of Deerfield Beach entered into a settlement agreement on March 10, 2000, with Street Information Systems Inc. (S.I.S.). The agreement was reached in the United States District Court far the Southern District of Florida. This ageement allowed S.I.S. Inc. to install seven (7) double-sided billboards along the I-95 corridor. This suit was also based on constitutional infirmities in the City's sign ordinance regulating signs in effect at the time S.LS. submitted permit applications. Clearwater The City of Clearwater was involved in a lawsuit with Granite State Outdoor Advertising, a billboard 2 i� , � Date Prepared: November 27, 2002 Meeting Date: December 19, 2002 Ordinance 52, 2002 provider, concerning the constitutionality of the City's sign code. This case has proved the most favorable to a municipality in Florida. Instead of ruling that the entire sign code was unconstitutional, a United States District Court judge ruled that just the section be stricken from the code. Wilton Manors The City of Wilton Manors also had its entire sign code deemed unconstitutional because of language related to commercial and non-commercial speech. Instead of appealing the decision, the City reached an agreement to install one (1) tri-faced billboard along I-95. Over eight (8) billboard permits were originally submitted to the City. Boca Raton The City of Boca Raton is currently in federal court with Florida Outdoor Advertising Inc. defending its sign code as it pertains to non-commercial/commercial speech concerning First Amendment violations. One (1) billboard permit was submitted to the City. LANGUAGE TO BE ADDED In order to correct any disparity, if any, in the sign code relating to commercial vs. non-commercial content, the staff is proposing Ordinance 52, 2002, which is identical language adopted for the Northlake Boulevard Overlay Zoning District. LAND DEVELOPMENT REGULATIONS COMMISSION RECOMMENDATION The Land Development Regulations Commission held a public hearing on November 26, 2002, and voted to recommend approval of the proposed amendments. STAFF RECCOMENDATION Staff recommends approval of Ordinance 52, 2002. 3 � ORDINANCE 52, 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDEN5, FLORIDA, PROVIDING FOR AN AMENDMENT TO THE PALM BEACH GARDENS CODE OF ORDINANCES BY AMENDING CHAPTER 78, "LAND DEVELOPMENT," ARTICLE V, "SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 6. "SIGNS," BY ADDING SECTION 78-291 "NON-COMMERCIAL MESSAGES"; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on November 26, 2002, the City's Planning and Zoning Commission, sitting as the Land Development Regulations Commission, recommended approval of an amendment (LDR- 02-09) to the City's Land Development Regulations by adding a new section, 78-291, entitled "Non- Commercial Messages"; and WHEREAS, the City has received public input and participation through public hearings before both the Land Development Regulations Commission and the City Council; and WHEREAS, the City Council determines that the adoption of the text amendment to the City's Land Development Regulations is in the best interests of the residents and citizens of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The foregoing "WHEREAS" clauses are herby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2. Section 78-291 of Article V of Chapter 78 the Code of Ordinances of the City of Palm Beach Gardens, Florida, is hereby added to read as follows (added words underlined): Section 78-291 Non-commercial messa�es. Notwithstandin� an, hin� in this article to the contraiy, an�sign erected pursuant to the provisions of this article may, at the option of the a�licant, contain either a non-commercial message unrelated to the business located on the premises where the si� is erected or a commercial messa�e related to the business and located on the business premises pursuant to the followin�re�ulations: (a) The non-commercial message ma,��y the entire sign face or portion thereof. (b) The sign face mav be chan�ed from commercial to non-commercial messa eg s as fre�uently as desired by the owner of the si�n, provided that the following is true: (1) The size and desi�n criteria conform to the a�plicable �ortions of this Ordinance 52, 2002 Meeting Date: December 19, 2002 Date Prepared: November 27, 2002 Petition LDR-02-09 aTilCle; (2) The sign is allowed by this article; (3) The si�n conforms to the requirements of the applicable zoning desi agn tion; and (4) The appropriate permits are obtained. (c) For the purpose of this Sign Code, non-commercial messa�es shall never be deemed off-premises. Sees.78-292-78-300. Reserved. SECTION 3. All ordinances and resolutions of the City, or any part thereof, which are in conflict with this Ordinance, are hereby repealed to the extent of such conflict. SECTION 4. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid by a court of competent ju'risdiction, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. SECTION 5. It is the intention of the City Council and it is hereby ordained that the provisions of this Ordinance shall be made a part of the Code of Ordinances of the City of Palm Beach Gardens, Florida, and that the sections of this Ordinance may be renumbered or relettered and the word "Ordinance" may be changed to "Section," "Article" or such other word or phrase in order to accomplish such intention. SECTION 6. This Ordinance shall become effective immediately upon adoption. PLACED ON FIRST READING THIS 19th DAY OF DECEMBER 2002. PLACED ON SECOND READING THIS DAY OF 2003. PASSED AND ADOPTED THIS DAY OF 2003. [THIS SPACE IS INTENTIONALLY LEFT BLANK] E � m MAYOR JABLIN VICE MAYOR SABATELLO ATTEST BY: PATRICIA SNIDER, CITY CLERK VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO AYE 3 Ordinance 52; 2002 Meeting Date: December 19, 2002 Date Prepared: November 27, 2002 Petition LDR-02-09 COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: LEONARD G. 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'.-,�'..r� .� I F-- . �rk;;:;,�. � � MANGONiA PA��{ . � - - -_ j r � ; f � � _ - .z.� � � �A�M e�a�� � � ^ .,�. � J i�� . _ -_ � .. _ Columbia Haspi#al � `��>> �' ` � — - - _ ,ti!� ■ 5 w� - io cno Fee� Sou�cL: City Q[ Palm 8each Gardens GIS, Palm Beach CounEy I5, Printed 1211fi102 _ PALM BEACH GARDENS �p,K� pq�K � ' � ;. ,. i _ i _.... - ----- :.. , , � -•�::....�;; ._.' :;��; - ��o :; - -- a � : � , -�: . , .�.;� : C ,... . ;:; S!L-VER•r3EA H 4 �.�. �. . � , ;..: ; � �:.r . 4: ; i , — ., `�ii'...:.�.-�.- �'f-'•�:- --- -��� �.1'��'�� :.i.`:i�i i�r��,:.:�y� �� -�..�. . ..,�..� ._i� �,m ,n � ��_ } I' �� �`': - � - :��� � z•-� rn --� I��I ��' ,� - :.: �r� �. — i � i ��� � � �'' �-- a � � ��j - �~ ' ❑� o�-- �- � �!-- , - '�� _ — y � ` r�� ' , - r � �x� `� ' ' �—�� i.� � � �� � . _ .r "x�; - - � �;��,=i,' �: ti � ! �:.: �'� _ �' ��.. �, �� � =��-����k�� =�F� < " � �1 �� _ �_ _ _ ;, y_.� ,�. 'i�.... •p: ���-E�BL•UE�HERflN•BL-VD' �-- --11H-Bi�L1E=H�R�I�l�BLVQ- � :;:::.��' �! � r, r . 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Columbia Hflspital �j� � . �--n � :- -- � =�;�:� _ _f �- - .,� .� ,` �;",� r � : ,�; � �7 i w ��i1;S��: �i�l:;i� �' '-a� �:�_ - w r�7�� •,,�,,�� I'w�.l��,��`.� .. .�� J ���r i� f' Y�r�•�r:�_ CI7�� _ �� R' sr.i•;?;;�?_;L�;f��lah1 `r',�� �. -.�.- :-. � �`i -P f � : �T7 �: " :�_ � - -� 0:::::-; ' �;wy f, • � E�tC2 � � - - � E�:. . �.' '`�� ,,,'�ti: , s;r� .� S . � � ' , If� �:`` � ]. , �Q- --- � = m �_' r � L 1�� � � - ,�:. : � : �z ;�_- ,..-- � - :• . ��,:::: ,:.�,. � _ .. , , ,� , �r�, p� . _ � �Iri'':r I 1 � r, ._�- . � r�:.;� .. '�`�R[Fd 1 Y �'� ..' ' ! r - _ . . . . ^-f^�,y � � t) - .,,.., �F`�''!� �? F"; � - --- -- - as _ _ '- :: . - i , 8�.� _ r. .,.. .. : �..� . �5. - - t,:; �: - � � s•.s:. �D:. , .. .. _: , � -� , : ..... . WEST PALM BEACH � A �y'�!��� tr��,���_ _ .S•� �+'^° �7 *., . . S� ..L'' � '::L.."" 2,-0W .ic. Source: City o[ Palm Besch Gardens GIS, Paim Beach Counly I5, Printed 12i16/�2 - �I _ - ':�i•� • �� .�-: I �:;.�;� ..,. ., - - . � ... . ... � �'-�; _ PGA Natianal I _- _ �. � ... ,',� •I � f +; - _ �`� - __ � _ ;{�, � �—l� � ' LJ - �`` I ': ::�;•.. �..�1.!- �__�_�_} ' �' .� - I `�:.; � ;, _ _..,�;;'�� .. _'.._� .��....1 I �f� I I I I i i _ �=;..:. I _-- =-i i-- -NORTH4AKE-BLVp - - - _. � b{e5 � �' :. , _ � �� l-� ' '�' - ��,: , ��;_�� �. C- �PALM BEACH GARD�NS: �f:. __�li . } _ i __''i .' �•� � ':�` � � ��- �r � � �� � �r _ _ -;� _� � � � _ ;.� i . ., _7_�-: j � L _ ��- _� I =� �, ; ;• . -, , �„� !-�. Steeplechase � �+--';`��- - ti, ,L �''�:-!.. �� - � i - '.� - �L �� � � � � [ ��� l�I.iTf.. � - --I �� I I� � - ' : Horseshoe ,� � .�_, , AcreS ; f- — _ i _� �� I � nL� _`� i- , T, � i � F rF _;, . ��J�� I � x a j� ,, -�� �- l��� � ��� ` , � �: 1 � y ��, . : � S�;t ..,?,. _ - VA Ha al ,� �` W F�r _ ..: . � • •1 • ¢ o� i,�i� - �.=. f i� . u�i Q�`�r ` 2� �� �� - ; + = w:$���:���o� g��� � �. -��- �.�. i I FiIVIERA BEACH �� I — I � _ ` .` w; I � � �� � � `: _ -- - I � � I _ ' �?' � �� �f - ��� a � , �-� : a— — � - 1 � — � �.i � z � i — W� _ I , } � � � r ��^ z. '^ I I � � � _ '-. , � _ � :.. _ ���;� iT"; S�. -: .: 2eA '"eA 0 ?-0i�:ec[ Source: Ci[y o[ Palm Beach Gardens GIS, Paim Beach Counly IS, Pnnted 12/16/02 11 - __� North County Aviatian Faciliiy � -- A;� � I � Slough � PALM BEACH GAROENS --- — _ � ! iNP6 Vlla#B� Catchment Area WEST PALM BEACM -- �NORTHL■AFtE BL-VD - - I ?.: - __� --- - � 5 ,'� `• - 2=A :2A 0 ?-0i�:ec[ Source: Ci[y o[ Palm Besch Gardens GIS, Paim Beach Counly IS, Pnnted 12/16/02 ,i �-�,.I,.�� .--: � --:. ;��.. - : r _ ;:� y_ � . Y� -«�� . u � �4 s, � ;.7;:;:,•,�� ,�TA.�'J•' .ii PGA National � ,i� � =� � �■ �� !� �■■ _� N�� ia�ii i�r ■ r■�r ■� ■ i�i� ���� ii i�i ��i ���■ r _��� �� �����:. � r% � �� � l � \ F . ._ - . C�Inneo � - - ' . - _, _.1 � -��. � � � \\\\ -_; _ . Corbitt � Natural Area -�- i i i i � � ,. � ,- � Vavrus , ; -_- _ � � :'_ r:�� ��!• PALM BEACH GARE}EN5 Fy�Y �- i I� _ ~ J� ` GAF — iI -- - —� I 11 i North Caunty Aviatior� Facility 2=A :2A 0 ?-0i�:ec[ Source: Ci[y o[ Palm Besch Gardens GIS, Paim Beach Counly IS, Pnnted 12/16/02 ` -:�] I �i ;�. - ��,ti� � �<r �11 - . 1�1 I � �r-.r--- -; �,.; -� _ � .� ` , Cammerce Park '� , �. � ,� - i -- .—�_ , i, �. � _ _ _- . - -� ,1 1�� � .,-; , � ... ,; I L. ` CaI005a . �:� i� _ _ ;� �,. >: � '_ i ��,���f� �►. ���`� ,...r..��w: , . , �■■■.■�.:.... 2=U] '"eA 0 ?-0i�:ec[ Source: Ci[y o[ Palm Besch Gardens GIS, Paim Beach Counly IS, Pnnted 12/16/02 Please Print ,r — Name: COMMENTS FROM THE PUBLIC Request to Address City Councii �� Address: t � � � 5���'� �%G r�'l �--- c�ty: ��1-+- Cvnl� �S �..- 33 � c Subject: �� 1����'� r 6aY-qc�3a Members of the pubiic may address the City Council during the "Comments by the Pubiic" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Please Print � Name: � � � Address: COMMENTS FROM THE PUBLIC Request to Address City Council � � �� , �� �� � � City: Subject: ��'�% �.��K `-'�'v� � � � �°C' Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Please Print Name: COMMENTS FROM THE PUBLIC Request to Address City Council ,s � ' % � , A - �:. �d� , .� �j � / /' i, Address: ��b �i� �"��'`�- �� �.� ,�� �;i� City: ;✓�� ���,s. �-� -'_� �� �-���,. � � , _ � � ���'' �' , , - �^ � o,�� � J' ,,� � ,�' ,s� ! --� ; „ , _ � , - � = �' . �— .�- ,,� i _ " ., , � �_ - Subject: -_, � � -� � ,, f .-; , � : . -1 �-� ��.,� �, • _ .. _ _. -- c , w � , , � � �./� ��r�_C� �/ j� o �y� O i �f^.i, i i j i Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Plea: Nam� Addr City: Subject: COMMENTS FROM THE PUBLIC �� � Request to Address City Council �-Z �"�'�-- ! � � Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. � 0 , �it of Palm Beach Gardens y � �.1 a : .� �, �,� ya �-�- '�Mayor Jablin Council A enda � December 19, 2002 Council Chambers 10500 N. Military Trail Palm .Beach Gardens, FL 33410 �Vice Mayor Sabatello �Council Member Clark X Council Member Russo l��i ��( �7 : �l ��.� �Council Member Delgado � 0 :� CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING December 19, 2002 7:00 P.M. � I. PLEDGE OF ALLEGIANCE � II. ROLL CALL ✓ III. ADDITIONS, DELETIONS, MODIFICATIONS: � IV. ANNOUNCEMENTS / PRESENTATIONS: ✓ V. ITEMS & REPORTS BY MAYOR AND COUNCIL: � VI. CITY MANAGER REPORT: ;/ a. Mayors Golf Tournament Scholarship Presentation. � VII. COMMENTS FROM THE PUBLIC: (For Items Not on the A�enda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: �aSS..� � b a. Consideration of approving Minutes from the November 21, 2002 Regular City Council Meeting. b. Resolution 221, 2002 — Ageement with Bellsouth. Consideration of accepting a proposal from Bellsouth to provide equipment and installation for the upgrading of the City's Telephone System. c. Resolution 224, 2002 — Evergrene PCD-Plat 4(Parcel 3) Subdivision Plat. Consideration for approving the Evergrene PCD-Plat 4 Subdivision Plat. r IX. ��S.�-S � �!a' ����� '� -� d. Resolution 229, 2002 — Approve appointment of two (2) members to the Board of Trustees of the City of Palm Beach Gardens Police Officers' Retirement Trust Fund. Consideration for approving the appointment of two (2) members to the Board of Trustees of the City of Palm Beach Gardens Police Officer's Retirement Trust Fund. e. Resolution 230, 2002 — Contract with Hardrives, Inc. Consideration for approving an agreement with Hardrives, Inc. for the widening of the EPB- 3D Canal within Pine Tree Boulevard right-Of-Way. PUBLIC HEARINGS: a. Ordinance 43, 2002 — Submitting to Referendum an Amendment to Article VI of the City's Charter (Second Reading). An ordinance of the City Council of the City of Palm Beach Gardens, Florida, submitting to referendum an amendment to Article VI � of the City Charter, "Administration as Council-Manager Form of Government," by amending Section 6-1, "City Manager," to remove unnecessary language regarding the appointment persons to act on the City Manager's behalf in the event of absence or disability, to delete the residency requirement and procedures for removal or suspension and to allow the City Manager to appoint and remove Department Heads, including the City Engineer, execute contracts as prescribed by the Council and exercise powers consistent with the Council-Manager form of government; providing for the title of the referendum ballot and explanatory statement; providing for advertising; providing for codification; providing for conflicts; providing for severability; and providing for an effective date. b. Ordinance 44, 2002 — Submitting to Referendum an Amendment to Article VI of the City's Charter (Second Reading). An ordinance of the City Council of the City of Palm Beach Gardens, Florida, submitting to referendum an amendment to Article VI � of the City Charter, "Administration as Council-Manager Form of Government," by amending Section 6-2, "City attorney," to allow the City Manager to hire the City attorney and determine the City Attorney's compensation and benefits and to clarify that the City Council or the City Manager may hire additional Special Counsel to serve as Legal Advisors; providing for the title of the referendum ballot and explanatory statement; providing for advertising; providing for codification; providing for conflicts; providing for severability; and providing for an effective date. 1 ,� c. Ordinanc� 45. 2002 — Submitting to Referendum an Amendment to r Article VII of the City's Charter (Second Reading). An ardinance of the �s�� City Council of the City of Palm Beach Gardens, Florida, submitting to �f referendum an amendment to Article VII of the City Charter, "Merit J�� C System," by amending Section 7-2, "Personnel System," to allow the City Manager to adopt, regulate and maintain a personnel system and to remove the requirement that the personnel system be adopted by ordinance; providing for the title of the referendum ballot and explanatory statement; providing for advertising; providing for codification; providing for conflicts; providing for severability; and providing for an effective date. � pQ�rr�f � �D "s Ordinance 46 2002 — Submitting to Referendum an Amendment to Article�VIII of the City Charter (Second Reading). An ordinance of the City Council of the City of Palm Beach Gardens, Florida, submitting to referendum an amendment to Article VIII of the City Charter, "Department Heads," by deleting Section 8-1, "Salary, Duties, Powers and Complaint," as unnecessary and obsolete; providing for the title of the referendum ballot and explanatory statement; providing for advertising; providing for codification; providing for conflicts; providing for severability; and providing for an effective date. e. Ordinance 47, 2002 Submitting to Referendum an Amendment to Article ��,SS�� IX of the City's Charter (Second Reading). An ordinance of the City Council of the City of Palm Beach Gardens Florida, submitting to �f� referendum an amendment to Article IX� of the City Charter, "Appointment, Powers and Duties of City Officers," by amending Section 9-1, "Powers and Duties of the Mayor," to delete any reference to the "Chief Executive Officer" and to clarify the Mayor's duties consistent with the Council-Manager form of Government; providing for the title of the referendum ballot and explanatory statement; providing for advertising; providing for codification; providing for conflicts; providing for severability; and providing for an effective date. f. Ordinance 48, 2002 — Submitting to Referendum an Amendment to Article XVIII to the City's Charter (Second Reading). An ordinance of ��5�� the City Council of the City of Palm Beach Gard �n�s, Florida, submitting to referendum an amendment to Article XVIII of the City Charter, l�� "Ordinances and Resolutions," by deleting section 18-1, "Meeting and Procedure of City Council," and Section 18-3, "Posting or Publication of Ordinances," as obsolete and inconsistent with Florida Statutes; providing for the title of the referendum ballot and explanatory statement; providing for advertising; providing for codification; providing for conflicts; providing for severability; and providing for an effective date. :i � g. Ordinance 37, 2002 — Oakbrook PUD Amendment, Relocation of Retail � (Second Reading) (Continued from 12/OS/02 City Council Meeting). �� An ordinance of the City Council of the City of Palm Beach Gardens, � Florida, providing for approval of an amendment to the Oakbrook Square 'I � Shopping Center Planned Unit Development (PUD) by adding a new 6,000 square-foot retail building alongside U.S. Highway One and renovating the existing buildings, located at the northeast corner of PGA Boulevard and Highway U.S. One, as more particularly described herein; providing for waivers; providing for conditions of approval; providing for conflicts; providing for severability; and providing for an effective date. ���- h. Ordinance 42, 2002 — Old Palm Community Development District (Second Reading). An ordinance of the City Council of the City of Palm ��Q Beach Gardens, Florida, establishing a Community Development District over the real property described in exhibit "A" to this ordinance comprising approximately 651 acres; naming the initial members of the Board of Supervisors of the district; establishing the name of the district as the "Old Palm Community Development District"; designating the powers of the district; providing for conflicts; providing for severability; and providing for an effective date. i. Ordinance 50, 2002 - Extension of Build Out Dates for Development ��� Orders (Second Reading). An ordinance of the City Council of the City of ( Palm Beach Gardens, Florida, Extending the Expiration Dates for �� Approved Development Orders for Planned Unit Developments, Parcels within Planned Community Districts and Site Plans expiring prior to January 1, 2003 to December 31, 2003; providing for conflicts; providing for severability; and providing for an effective date. X. ��,5� � �� ���� i.�,.0 RESOLUTIONS: a. Resolution 222, 2002 — Approve Final Cost Quote and Construction Documents for the Municipal Complex Outdoors Artwork by Costas Varotsos. Consideration for approving the final price quote and construction documents for the fabrication and installation of an outdoor sculpture designed by Costas Varotsos. , b. Resolution 227, 2002 — Crossroads Out Parcels Build-Out Revisions and Offsite Landscaping. Consideration for providing for amendments to Conditions 2 and 3 contained within Resolution 101, 2002, relating to the build-out date and the timing of installation of right-of-way landscaping, and modifying the approved landscape plan for the "Northlake Commons" (F/K/A "Crossroads at Northlake") Shopping Center, located at the southeast corner of Interstate 95 and Northlake Boulevard. c. Resolution 228, 2002 — Calling for Referendum Election on March 11, ��,1.� 2003. Consideration for calling a Referendum Election on March 11, 2003, to decide whether a majority of the electors participating in said ��� Referendum are in favor of amending the Charter of the City of Palm Beach Gardens, Florida. ��,sS�` d. Resolution 231, 2002 — Appointment to the Art Advisory Committee. , V,�t Consideration of providing for the appointment of one (1) alternate ��� member to the Art Advisory Committee of the City of Palm Beach Gardens. XI. �� �� � � � �N �'`��Ci� � �� P ,�,C� �A;,p:� �-� ORDINANCES: (For Consideration on First Reading) a. Ordinance 49 2002 — Special Events. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for an amendment to the City Code of Ordinances by repealing Section 78-187, "Special Events," of Chapter 78, "Land Development," and adopting a new Section 78-187; providing for codification; providing for conflicts; providing for severability; and providing for an effective date. b. Ordinance 51, 2002 — Shell Gas Station PUD Amendment — Sign & Color Changes. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an amendment to the Planned Unit Development for the PGA Shell Service Station located at 4445 PGA Boulevard to allow color changes to the building elevations and new signage; providing for conditions of approval; providing for a waiver; providing for conflicts; providing for severability; and providing for an effective date. c. Ordinance 52, 2002 — Sign Code Amendment Non-Commercial Messages. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for an.amendment to the Palm Beach Gardens Code of Ordinances by amending Chapter 78 "Land Development," Article V,� "Supplementary District Regulations," Division 6, "Signs," by adding Section 78-291 "Non-Commercial Messages"; providing for conflicts; providing for severability; providing for codification; and providing for an effective date. XII. ITEMS FOR COUNCIL ACTION: XIII. ITEMS FOR DISCUSSION: XIV. CITY ATTORNEY REPORT: � 0 J XV. ADJOURNMENT - __ il� In accordance with the Americans with Disabilities Act and Florida Statute 86.26, persons with disabilities needing special accommodations to participate in this proceeding should contact the City Clerk's Department, no later than S days prior to the proceeding at telephone number (561) 799-4120 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955-8771 (TDD) or (800) 955-8700 (VOICE), for assistance. If a person decides to appeal any decision made by the Council, with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. ,�. sa�r �'m e�,c e�o, �a TO: DATE: � � � �` ��/�l � CITY OF PALM BEACH GARDENS MEMORANDUM Mayor and Councilmembers December 19, 2002 THROUGH: Ron Ferris, City Manager FROM: Charles K. Wu, Growth Management Director �'� `�"� C� SUBJECT: MISC-02-32 Northlake Commons — Revisions to Resolution 227, 2002 Attached, please find a copy of the revisions to the proposed Resolution 227, 2002, for petition MISC-02-32 Northlake Commons. City Staff was notified by the Northlake Boulevard Overlay Task Force Consultant, Patrick Cunningham, that it is the intention of the Northlake Boulevard Task Force to install the entire Northlake Boulevard Landscape Plan as one project. In order to accommodate these requirements, the conditions of installation and maintenance had to be modified for the Northlake Commons project. In addition, the Landscape Plan was revised to accommodate comments from Seacoast Utility Authority. C: Patricia Snyder, City Clerk Talal Benothman, Principal Planner Kara Trwin, Senior Planner � ��, Resolution 227, 2002 Before• SECTION 2: Said site plan approval shall comply with the following condition, which shall be binding upon the applicant, its successors, assigns and/or grantees: (1) Prior to the build-out date of December 31, 2006, the applicant, successors or assigns shall, in conjunction with and subject to the approval of the Florida Department of Transportation and Palm Beach County, install and maintain landscaping along the eastern road shoulder of the Interstate 95 off-ramp onto eastbound Northlake Boulevard, and median of Northlake Boulevard between Roan Lane and Sandtree Drive, and that area of the southern road shoulder of Northlake Boulevard not previously landscaped due to its location within the limits of the I-95 improvement project. (Planning and Zoning) After: SECTION 2: Said site plan approval shall comply with the following condition, which shall be binding upon the applicant, its successors, assigns and/or grantees: (1) Prior to the build-out date of December 31, 2006, the applicant, successors or assigns shall, in conjunction with and subject to the approval of the Florida Department of Transportation, install and maintain landscaping along the eastern road shoulder of the Interstate 95 off-ramp onto eastbound Northlake Boulevard. (Planning and Zoning) (2) Prior to issuance of the first Certificate of Occupancy or Certificate of Completion, the applicant shall pay the City the cost of landscape and irrigation installation for the median and southern roadway shoulder within Northlake Boulevard between the Interstate 95 off-ramp and Sandtree Drive based on the Michael Reed and Associates Northlake Boulevard Landscape Plans dated November 22, 2002. In the event that the City of Palm Beach Gardens, or another entity, forms a special district pertaining to the landscape and maintenance of Northlake Boulevard, then the applicant, successor or assigns shall automatically become a member of such special district. This condition may be amended at any time by a separate agreement between the applicant and the City of Palm Beach Gardens. In the event a special district is not created, the City of Palm Beach Gardens reserves the right to bill the applicant, successors, or assigns for their fair share of the maintenance of the aforementioned Northlake Boulevard right-of- way irrigation and landscaping. C� Before• SECTION 3: Conditions 2 and 3 of Resolution 101, 2002 shall be amended to read .as follows: (2) The build-out date specified for this project is December 31, 2006 T'°�°m'�°r �, , ��. For the purposes of this condition, the project shall be considered built-out when all infrastructure is in place, certified bv the engineer-of-record and accepted bv the City En�ineer, and all common landscaping, with required irrigation is installed, certified by the landscape architect-of-record and accepted by the City Forester. �A�--}28'k'6LC6�'.rcruv�26ir�ii��iu°c�ic%cr- •,�cs aEt� ,;+1,,•,,♦ "� +;,"„ o.,�e„ �:,,,, �c�vxr. (3) Prior to the issuance of the first Certificate of Occupancy or Certificate of Completion, the applicant, successors or assigns shall, in conjunction with the County_ , install and maintain landscaping ' ri�-'�*� ��,•,^" r^�� °;*°"���+;�r�: alon� the southern road shoulder of Northlake Boulevard between Interstate 95 and Sandtree Drive, outside of the I-95 expansion project limits�,�e�e��e�a��t�,�*�� °G ���'r��„ �„*� � u,,.,., r.,�o ,,,,a c,,.,a�,.00 r.ri<.o � the event that the City of Palm Beach Gardens, or another entity, forms a special district pertaining to the landscape and maintenance of Northlake Boulevard, then the applicant, successor or assigns shall automatically become a member of such special district. This condition may be amended at any time by a separate agreement between the applicant and the City of Palm Beach Gardens. After: SECTION 3: Conditions 2 and 3 of Resolution 101, 2002 shall be amended to read as follows: (2) The build-out date specified for this project is December 31, 2006 n�� ��r� ��. For the purposes of this condition, the project shall be considered built-out when all infrastructure is in place, certified bv the engineer-of-record and accepted bv the Citv Engineer, and all common landscaping, with required irrigation is installed, certified by the landscape architect-of-record and accepted by the Citv Forester. ,.r,. �.,,;�a;,,,� �a,.,�,;+� ., „�oa . ,;��, *�,;� ao.,o��r,..,,o„� ,,,.aa,. =ru»� :�'�''Z.O.�-,� (3) Prior to the issuance of the first Certificate of Occupancy or Certificate of Completion, the applicant, successors or assigns shall, �„ �r�*��r ����*'� *'�° Ee�y_ , install and maintain landscaping ' � : alonQ the � eastern road shoulder of Sandtree Drive; °^�+°� �a ; oa;.,., „� �.r,,..«t,�.,vo a,,,,�o.,.,,.a t,o+.,.00� n,,,,r r., .,,� e.,�a+,.00 r�,.:..o r„ �t,o > > � �k@-���E-&Ti�-Sl�EE2Ss6�-A%ciS''al�-�'�-c'1��6ii��c^^�u�v°vcvTrrc-cc-nzcrixvci-vi �uvn s�ee-�-�ts���e��+;,,,, . i.e o.,aoa .,+ i... ���� Before: SECTION 5: Said approval and construction shall be consistent with plans filed with the City's Growth Management Department as follows: 1. November 18, 2002 Paving, Grading and Drainage, Kimley-Horn, Sheet C5. 2. November 27, 2002 Northlake Commons Landscape Plan, UDS, Sheets 1 through 5. 3. November 27, 2002 Northlake Commons Site Plan, UDS, Sheets SP1 through SP4. After: SECTION 5: Said approval and construction shall be consistent with plans filed with the City's Growth Management Department as follows: 4. November 18, 2002 Paving, Grading and Drainage, Kimley-Horn, Sheet C5. 5. December 5, 2002 Northlake Commons Landscape Plan, UDS, Sheets 1 through 5. 6. November 27, 2002 Northlake Commons Site Plan, UDS, Sheets SPl through SP4. Date Prepared: December 2, 2002 Date Revised: December 19, 2002 Page 1 CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 227, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AMENDMENTS TO CONDITIONS 2 AND 3 CONTAINED WITHIN RESOLUTION 101, 2002, RELATING TO THE BUILD-OUT DATE AND THE TIMING OF INSTALLATION OF RIGHT-OF-WAY LANDSCAPING, AND MODIFYING THE APPROVED LANDSCAPE PLAN FOR THE "NORTHLAKE COMMONS" (F/K/A "CROSSROADS AT NORTHLAKE") SHOPPING CENTER, LOCATED AT THE SOUTHEAST CORNER OF INTERSTATE 95 AND NORTHLAKE BOULEVARD; PROVIDING FOR REVISED CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application (SP-02-32) from Woolbright Development, Inc., requesting amendments to the previously approved Resolution 101, 2002, to 1) modify the specified build-out date for the project, 2) modify the timing of installation for required landscaping within the Interstate 95 off-ramp and Northlake Boulevard rights-of-way, and 3) modify the approved landscape plan due to retention area modifications, for the "Northlake Commons" (f/k/a "Crossroads at Northlake" Shopping Center), located at the southeast corner of Interstate 95 and Northlake Boulevard, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, on July 18, 2002, the City Council approved Resolution 101, 2002, to allow for the elimination of 36,500 square feet of previously approved, unbuilt square footage, the addition of 600 square-feet to a previousty approved 5,000 square-foot out-parcel, the addition of 8,000 square feet to the major anchor tenant area, to allow for modifications to the parking lot, to allow for an additional entrance from Northlake Boulevard, and to allow for fa�ade renovations; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient and consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, THAT: �' Date Prepared: December 2, 2002 Date Revised: December 19, 2002 Page 2 SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: Said site plan approval shall comply with the following condition, which shall be binding upon the applicant, its successors, assigns and/or grantees: (1) Prior to the build-out date of December 31, 2006, the applicant, successors or assigns shall, in conjunction with and subject to the approval ofthe Fiorida Department of Transportation, install and maintain landscaping along the eastern road shoulder of the Interstate 95 off-ramp onto eastbound Northlake Boulevard. (Planning and Zoning) -(2) Prior to issuance of the first Certificate of Occupancy or Certificate of Completion, the applicant shall pay the City the cost of landscape and imgation installation for the median and southern roadway shoulder within Northlake Boulevard between the Interstate 95 off- ramp and Sandtree Drive based on the Michael Reed and Associates Northlake Boulevard Landscape Plans dated November 22, 2002. In the event that the City of Palm Beach Gardens, or another entity, forms a special district pertaining to the landscape and maintenance of Northlake Boulevard, then the appIicant, successor or assigns shall automatically become a member of such special district. This condition may be amended at any time by a separate agreement between the applicant and the City of Palm Beach Gardens. In the event a special district is not created, the City of Palm Beach Gardens reserves the right to bill the applicant, successors, or assigns for their fair share of the maintenance of the aforementioned Northlake Boulevard right-of-way irrigation and landscaping. SECTION 3: Conditions 2 and 3 of Resolution 101, 2002 shall be amended to read as follows: (2) The build-out date specified for this project is December 31. 2006 T'°^°m'�°r �, ,�nn�. For the purposes of this condition, the project shall be considered built-out when all infrastructure is in�lace, certified by the en�ineer-of-record and accepted by the City Engineer, and all common landscaping, with required irrigation is installed, certified bv the landscape architect-of-record and accepted bv the City Forester. '`T^ '�..:'a;r� „°�;+� .;.t,,,,,+ ., �,� .;,,..o o,,.o„�;�., (3} Prior to the issuance of the first Certificate of Occupancy or Certif cate of Completion, the applicant, successors ar assigns shall, ��� ���J�• �*�^r , r;*� *�° r�„�+�� �^a +�,v c..,*o r,n-r , install and maintain landscaping �� +'�° �"�.�.;^^ riR�+� ��'.,,^�. ��'��' �;*°L'^� ��_�: alon the s� eastern road shoulder of �^ °���'eti ^r�����=,—n=r�� "� Sandtree Drive; eas�er-rr�e�d-s�e���-e� 7�r�� �*^ ���'��„ra ,•r°,�� � ; . , , Date Prepared: December 2, 2002 Date Revised: December 19, 2002 Page 3 . Y. � � SECTION 4: Said approval shall be consistent with all presentations made by the applicant or applicant's agents at any workshop or public hearing. SECTION 5: Said approval and construction shall be consistent with plans filed with the City's Growth Management Department as follows: 1. November 18, 2002 Paving, Grading and Drainage, Kimley-Horn, Sheet C5. 2. December 5, 2002 Northlake Commons Landscape Plan, UDS, Sheets 1 through 5. 3. November 27, 2002 Northlake Commons Site Plan, UDS, Sheets SP 1 through SP4. SECTION 6: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. All provisions of Resolution 101, 2002 not expressly modified herein shall remain in full force and effect. SECTION 7: If any clause, section, other part or application of this Resolution is-held by any court of competent jurisdiction to be unconstitutionai or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 8: This Resolution shall become effective immediately upon adoption. [This space intentionally left blank.] PASSED, A.DOPTED AND APPROVED this ATTEST: PATRICIA SNIDER, CITY CLERK I HEREBY CERTIFY that I have � approved this RESOLUTION as to form. LEONARD RUBIN CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO Date Prepared: December 2, 2002 Date Revised: Decembe.r 19, 2002 Page 4 day of , 2002. MAYOR JABLIN AYE NAY ABSENT EXHIBIT A (ATTACHED) Date Prepared: December 2, 2002 Date Revised: December 19, 2002 Page 5 1 , .� ,� � � , �� �Y i : 4 �� * ,� y�=, �.` .�° ;�' � a� ._.�� TO DATE CITY OF PALM BEACH GARDENS MEMORANDUM Mayor and City Council Members December 19, 2002 THROUGH: Ron Ferris, City Manager FROM: Charles K. Wu, Growth Management Director ��m�C' e-� SUBJECT: Old Palm Golf Club CDD Revision to Ordinance 42, 2002 The purpose of this memo is to advise you of a change to Section 3 of Ordinance 42, 2002, for Old Palm Golf Club CDD. The last sentence of Section 3 has been deleted to clearly indicate that the City gives consent for its own approval, and does not give approval on behalf of other agencies. REVISION TO ORDINANCE 42, 2002 BEFORE SECTION 3: The external boundaries of the District shall be as depicted on the location map attached hereto and incorporated herein as Exhibit "B." The City agrees that the District may undertake projects outside District boundaries that are required by development approvals and permits applicable to land within the District boundaries. In furtherance thereof, the developer of the land within the District may assign its obligations under such development approvals and permits to the District, subject to consent requirements by the agency issuing the said development approvals and permits. AFTER SECTION 3: The external boundaries of the District shall be as depicted on the location map attached hereto and incorporated herein as Exhibit "B." The City agrees that the District may undertake projects outside District boundaries that are required by development approvals and permits applicable to land within the District boundaries. �^ {���her�r�i.e fhere�f' fhe i+level�r�ar ��*he I�nr1 ��iifhin , �nrl r�°r�+�+ i���n ; ���l+iei.+ t� ��nc•en+ rerr��irnmer+fc h��_ihe �+ryenn� ur►cr�v �i Ordinance 37, 2002 Before: SECTION 6: Renovation of the Oakbrook Square Shopping Center planned unit development shall be in compliance with the following plans on file with the City's Growth Management Department: 1. Cover Sheet CVS, Proposed Site Plan SP-1, Blown-Up Site Plan SP-2, Site Parking Details SP-3, Lighting Site Plan & Photometrics SP-E, Proposed Floor Plan A-1, Proposed Roof Plan A-2, Proposed Exterior Elevations A-3, Existing Retail Building West Elevation and Proposed West and South Elevations A-1, Existing CourtyardlRetail Building Elevations A-2 dated October 28, 2002, by William Hamilton Arthur Architect, Inc. 2. Landscape Plans LA-land LA-2 dated October 28, 2002, by Dixie Landscape. After: ( New language is double underlined.l SECTION 6: Renovation of the Oakbrook Square Shopping Center planned unit development shall be in compliance with the following plans on file with the City's Growth Management Department: 1. Cover Sheet CVS, Proposed Site Plan SP-1, Blown-Up Site Plan SP-2, Site Parking Details 5P-3, Lighting Site Plan & Photometrics SP-E, Proposed Floor Plari A-1, Proposed Roof Plan A-2, Proposed Exterior Elevations A-3, Existing Retail Building West Elevation and Proposed West and South Elevations A-1, Existing Courtyard/Retail Building Elevations A-2 dated December 16. 2002, by William Hamilton Arthur Architect, Inc. 2. 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M(NIMUM 3" LAYER CYPRESS MULCH IN ENTIRE BED. 4" TEMPORARY WATERING BASIN L--- FiNiSHED GRADE - RF,MOVE AURLAP AT TOP � OF PLANT BALL (IF COIVTAINERIZED, REMOVE ENTIRE CpNTAINER) EXISTING SUBSO[L MINIMUM 3" LAYF.R CYPRESS MULCH IN EIYTIRE BED. N1NISHED GRADE REMOVE ENTIRE CONTAIIVER BEFOItE PLANTING 6" PLANT[NG SU1L (PER SPECS) BACKFILL BETVVEEN PLANTS 6" BEYOND EDGE OF ROOT MASS WITIi PREPARED BACKFILL M1XTIJRE. EXISTIl�IG SUBSOIL i-- -- -- �ING DETAIL N.T.S. N.T.S. - - -- --_- -- , � � �.� , �l ���� Eric Jablin Mayor of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens FI 33410 Ref: Resolution 230-Widening of Cana( EPB-3D. Dear Mayor. November 19, 2002 There was not enough explanations given at the last Garden Woods City Hall meeting and I believe the widening of canal EPB-3D has the most expensive approach. At a cost of $ 73,000,00 the City will dig a new canal with two slopes next to the actual EPB-3D canaL Later on Catalfumo will dig the remaining dirt in between the two canals eliminating 2 slopes. This operation is very e�cpensive for the City and I believe does not make any sense. 1) Catalfumo should dig his northern part of the canal first and then the City should do there digging of Pine Tree Blvd. If using the same contractor for both works at the same time it would probably be less costly. 2) There is no planned flood water retention lake in parcel SA like the "The Isles" (just north of Plat 4) where the City asked the property owner for more retention lakes and did cost Divosta Company $ 1,000,000,00 in (ost sales. Atl the planned Corporate buildings in parcel SA will bring much flood water to this sensitive area. The actual lake on parcel SA proved to be insuf�icient in the bie flood of 1995 affecting 2/3 of houses in Garden Woods includin� mine. As far as I know the only planned change in parcel SA will be a transfer of dirt dug at the eastern end of the lake to fill an area at the western end of the lake needed for a roadway. This operation wil( not increase the lake capacity. That lake is a drainage lake and not a retention lake. 3) The City should ask Catalfumo to do the comp(ete widening of the Canal EPB-3D at no cost to the City. With no new retention lake in his parcel SA (one was origina(ly planned at the NE corner of that parce() the flood water from parcel SA will go directly into �the enlarged canal. Because the City Council is supposed to vote today on the $ 73,000,00 appropriation funds for the widening of the canai EPD-3D I would like to suggest that you postpone the deal pending further discussions with Catalfumo of which I would be glad to participate. It should not delay the widening operation much longer. Sincerely, � , �l3�-- Roger B gy I 1658 Hemlock stre Palm Beach Gardens F133410 -'Dec 19 02 10:41a Michelle LeTellier � : De�-1A-2002 IO:OAa� From-GREENBERG ?RAURIG PA 5fi16556t12 � � . . �� �a��/a� 68EEN8EB� � � .rv�aM��� .r �.r � t�flUHl6 Transmittal Cover Sheet TO Name: Lconard Rwbin, Esq. Company: Ci�y Anomey Wa�trrson & Hylar�d, P.A. Fax No.: (561) 627-5600 PhoneNo.- (561)627-5000 Name: Comp�ny: Fax No_: Phone No.: Name; Company. Fax No.. Phone No.: Name: Company : Fax No.: Phone Nn.: (5611 799-4111 p.l T-865 P 001/OD2 F-4A1 Name: Talal Benothman Company: Ciry of Palm Beac:h Gardens Fax No.: (561) 799-41 ] 1 Phone No.: (561) 799-4233 Name: Company: Fax No.. Phone No.: Name: Company: Fax Nn.. Phone No.: Name: Company: Fax No__ Phone No.: FROM Michael J- Sabatello Filr Number 54175.O1O100 (Old Palm CAA} Golqmeo�s Gentleman, [here is one clarificacion wc would like to make to seciion 3 ofthe Old Palm CDD ordinence. Kindly consiJer [he attaehed change to etarify that the petitioner and ihe Old Palm CDD do not have to appear before �he Ciry Council ag•ain in order to assign applic�bte off-site road permits to �he CDD. T'hank you. Date Time No. Pagea December 19, 2002 9:18 AM lncluding this cover shee[ 2 Please notify us irnmzcliately if not received properly ai 561-650-�900. Tne �nfoimauon cor��nea u� m�s vensmasion �o artorney prrv�lepea ana eonfAenoat It �s intenaeq onq tor tne �se ot u+e ina�v�ouai or enury namea aoare. if ine reaaer ot m,s me�aage is noi uie moenaea rec�p,eni. you are hereDy noufeq ►nat any a�5sem�ndl+Or1, 0�67�ou1ion pr cnpy w mis canmuNCa�ion �s su�CS�y ptwlioioso. �f you have rc���o �n�s conununiWbon �n ertor, plea9e n4Uly w cmmeaately oy telepl�ane coltea ana rewm v►e onpinat messago w us at me aotires� oetow �a me u.S. Pw9pI 5en�ce. wa wN� reimourse rov !or your poais9a. Thanh yo�. T77 Souri� Flapler tkive, S�tKe 300 Eas� Wsst PaNn 9eaeh. FbrtOa 3Ss01 (561) 65a79D0 F � e►iv Q: �B.G. DEC 19 20�? • �3dfYl��� 'ZONlN� ' Dec 19 02 10:42a Michelle LeTellier (561) 799-4111 Dec-IA-2U01 t0:0Aan Froa-GREENBERG TRAURIG PA 5616556222 T-865 P.002/002 F-441 �sdioancr a3,20U2 6. The area tha[ will be Served by the District is amenable to separate specia!- district govemment. WHEREAS, ihe City Council determines that the adoption of this Ordinance is in the best �nterests nf the c�tixens and residents of the City of Palm Beach Gardens. NOW. Th1EREFORE. BE IT ORDAIN�D sY THE CITY COUNCIL OF THE CIN 4F PALM BEACH GARDENS, FLORII}A, THAT: SECTION 1: The foregoing "WHEREAS' clauses are hereby ratifred and confirmed as being true and oorrect and are hereby made a specific part of ihis Ordinance upon adoption hereof. S�CTION 2: The Petition to establish the Otd Palm Commuhity Development District over the real pro�erty described in Exhibit "A" attached hereto. which was filed by Communiti�s Fillance Company, LLC, and which Petition is on file ac the Office of the City Manager, is hefeby granted_ The name of the DistrlC[ shan ne the `Ola Palm Community �evelopment District." SECTION 3: The external boundaries of the District shali be as depicted on the bcation map attached herew and incarporated herein as Exhibit 'B." The City agrees that the Districc may undettake pr4jecis outside pistrict boundaries that are required t�y devetopment approvals and perrnits applicabte to tand within the Districe boundaries. In furtherance thereof, the developer of the land within the DisVict may assign i[s obligatio�s under such development approvals and permits to the District, subjea to consent requirements by the agency issuing the said development approvals and permit� �y..i {h�M. � C :a�.�, ...�:. c.+,. ce.� sc..+i- : �s her�s� q'. �n�� _ � SECTION 4: The initial members of the Board ai SupeNisors shau ee as fol�ows� MiKe Millard Roger Dysss Candace Jorfitsma .1onn Gora John Ferry 11631 Kew Gardens Avenue� Suite 201 F'alm Beach Gardens, FL 334t0 11631 Kew Gardens Avsnue, Suite 201 Patm Beach Gardens. FL 3341� i 1631 Kew Gardens Avenue, Suite 201 Palm �each Ga�dens, FL 33410 � 1631 Kew Garoens Avsnue, Suite 201 Paim Beach Gardens, FL 33410 24301 Walden Center prive Bonita Springs. FL 34134 � p.2 Dec-19-2002 03:18pe From-Ruden McClocky ��- ►��'���a Ru aEN MCCLOSICY S M ITH SCHU5T��2 & RUSSELL, P.A. DATE: FROM: FIi.E NO.• NUM$ER OF PAGES: gS' 5618323036 �ACSIMILE COVER SHEET December l4, 2002 sa�se M. seiglc 36956-0003 � (Including this Cover Fage) T-514 P_001/003 F-383 . + ��vt.,C.c � 2Z2 LAI�VIEW nVENUE sv�� eoo WESi PALM BEACH, FL�RIDA 334D1-6112 t56i)83b4St3 FAX: 4561) Sl;-3�t3 S1fSANSEICLE�RU DEN.COM RECEIVtU �I`i�l MANAGER'S OFFIC� DEC 19 20Q2 if tbere sre any problems ar complicarions, please nafify ns ioumediate� at (561} �3&4SOQ. TO: COMZ'.A,NY: FAX 1Y0.: TO: CO�PANY: �'A�J� �Q-: Ro� �+'e�ris, Ciiy Man�ger Citq of Palm Beach Gardeas 799-�ill Lconard Rubin� Esq. Watterso�, Hyiand � Klett 627 56t11} C4MI�NTS: Please see letter o� e�ver date M Attorney uSkip" SmitL. Ti1[ INFOCtMATtON CONiAII�ED IIi THiS FACSiMLLE A!L•SSACE IS wiIORNEY !'RIVQ.6GED AND CONFIDFNTiAI. IIdFO1tMATION IIiI'ENDID ONf.Y FOR'�E 4sb OF 7HE QJDIVIDUAL OR F13TRY NA1�D ABOVF iF'�:1e xFnDL•R Or•'nitc MESSAGL• IS NOT'� tNTENDkn REGr�vY', YOU wRE ��1tEBY NO'�7ED itawr wivY tuS3�nalZiwT1017, III3T&�V1ION OR COP'Y OF 'fF�S C011�1dUNIGATIdAt 15 STR[CfLY PRWilHI7�_ ff YOU HAV'E RECENID'i�.5 COt�9NUNlCA'[[ON R'z kJ�R074 �tiSL i�N►H[pL�'tEt.Y NOl'ffY i}S BY TECEPetONE (tF LONCa DISTklZf� Pi:EItSE CALL CO�CTJ �D XtZUitct � ORIGQikL 2�49Affi 'FO t)S wT '1'f� I1ROvL 11DORfiSS ViA 7iiEU.S. POSTAL St�RViCE. "CHrIaG YOU. WPB�1.4739T�T WP6:14739T_t Dec-16-2OD2 03:18pe From-Ruden �IcClosky RLJ D EN MCCt�s�c�r 5 n�ttT'N 5CHU5T�R & RUSSELL, P.A. �� ��►.cs](Iv�E (ss�) ��-as$� AND BY R�GU�..A,R U�. MA�IL D. Ct�lver "Stag" Smith, I�, �sq- Northbridge Cent�re, Su�te 401 515 North Flagler Drave West Paim Beach, FL 3�401 b61B323036 December 19, 2002 T-51d P_OOZ/003 f-383 22z tAl�Vlfw wvEtv�E suti� aw �NESF PALM BEACH, F1,pBIpI� 334p1�i112 z€E�e�N�: �s6�► e3e.asao F�tCSIMtIE: (561{ S1�-3413 E-Mwll: SuSwN.�IGLE�RUDEN.C�t 4YRI'fEA'S DItdFET 41NE: l5411838-45i3 Re: City of Palm Beach Gardens vs. MacArtk�ur �oundation, Sankers Life and Casualtv etc. Deaz Mr. Smith: I have reviewed your e-mail message from this moming, as well as a transcription of the voice-rnail message yo� left to Lee Worsham �arlier today. AdditionalIy, Lee in�'orms me that you have now nuade a co�tero�'er o� b�al#' c�f �+ou�r clients and t3�e Banice�rs defendat�ts that is significantly diffezent than what we discussed yesterday. It is ap�arent that any "deal" we thought we may lxave h,ad yestexday is off the table. The City rejects your counteroffer. Ac�o��agly, we are nQt. gaing to the �ity Caun�i� foz a��r�vak � a�ythi�g at t�is junctwre. By copy of rhis letcer, I am informing our mcdiator, Lawrence Watson, that there is no agreement. �e � rat�er disapp�xn#ed with wha# h�s ocCttmed this mom�s�g, as beginnin� last night, Mr. Ferris expended time and effvrt m�eeting with various city offieials to explain the paramete�s af what we felt was the settlement. We are further disappointed witti what transpized at mediatiog. �Ve came: ta �nediatiaa yestaFday in goQd �aith, and were te�i� to s,pend the e4fire day attexnpting to obtain resolution o�'tlxis case. As a public entity, we were not obliged to bring someone witii final settleme�►i authoriry, as that is vested in the City Couneil. Rather, we are flb�i$ated tQ brin� sameone whc� is authorized to negotiate, and �+ho wili v�e �is best efforts to get any proposed settlement ap�roved by the City Cowncil. Mr. Ferris, as Ciiy Manager, was ttze appropriate represez�tative to bring to mediation. Fw�ther, we we�� there prepazed to spend whatev�r time it taak tv try ta res�alvc th�s case. ' On rhe other hand, the representative of your client initially planned to leave on an aitplane that left at 3:30, which would require him to leave mediation by half past one. This i�dicates to us #hat he vv�s o�ly gIa��ng vn being ther� for at�ut one-}�f of the allocated fu11 day of inediation. Additionaaly, I understand that Mr. Mintz did nwt have full authoriity to settle this� ma�ter on beh�tf of tbe Mae�ur Defendant,_ � fnd it scxxmev�hat disirkgenetous thaf yau previously asked me who was attcnding mediation an be�alf of the City, and with what authority, and then you yowseif bmught someons io mediati�n who did nvt �ave fiill authoxity, FORT UUDERDALErMIAMt.NAPLFS■PORiST. 6UGIf�SAftASdTA�ST. PE7ERSBVRG�TALIAHASSEE�TAMPA�WEST PALM BEACH �-18-2G02 03;18rm� f rom-Ruden 1�tiesky �6i9323036 T�14 A-00310D3 F383 Pag� 2 �nnd who vYas not comuniited to spending the allocated time attempting to reach resolution. I am uexy d�appc�i�ted, but �i paYti.cularly s��sed. We must now be�ir► to prepare �in eamest for tria]. I have prev�ously �orwarded a I�Fosed �r�tri�i stig�atia� and �:�st tbat you i�mediately prav�ict� yc� ccr�aments. � witl �lso need your wimess and .exhibit lists, and wi�l �ax mine to you later this afternaon so that you can u�terpose �ay objec#ions yQU �%em apprc►pziate. You have unitaterally set the depasitian �� Bobbi Heratcovich without clearing the date with eithez me or Lee. That is unacceptab�e, and I do not beIieve tbat date will be appropriate. I will be atcending the depositiun, and I have to have a minor surgical proced�ue perforrned on �ecembc;r 3l, 2UO2. I had piann►ed Qn recuperatimg the remainder of the week, And da not wish to att�mpt to travel an that week�nd, Please ad`rise immediately whether you will caacel this deposition, oz whether Y witl be forced ta file a motion for prvtective order. You had plenty of opportur�ity to have h�r; deposition earlier, aad because of your own recalcitrance, it did not occur. We u►ill resist any ef%rts f� t�is depasition to go forcvard. 'Vexy wly yours, Ri1UEN, McCI.43SI�Y, Sl'+�ITH, �CIiiJS'�'ER & R�.7SS£LL, P.A. -�-�' �-���-r.,�, �.� .- � � Susan M. Seigle cc: Roa Ferris E. Lee Wozsham, Esq. T..eonard Rubin, Esq. J. Ross Forma�r, �sq. Lawren� �. Watsijn, Jr. J�S�C Palm Beach Gardens City Hall Art Working Budget as of 121512002 ren ice Varotsos Project Sculpture Cate o Item . 3 (Exterior) Budget Total Artist Contract Artist fees $0 $75,000 $75,000 Artist Material Costs $0 $90,000 $90,000 Subtotal $60,000 $165,000 $225,000 Art Task Force Art Bud et Initial Allotment $50,000 $300,000 $350,000 5-23-02 Estimated Cost of Pro'ect artist fees + Task Force cost $60,000 $200,000 $260,000 12-05-02 Estimated Cost of Project (artist fees + Task Force cost) $60 000 $226 548 $286,548 Deficit ISur lus Total $60,000 $73,452 $63,452 Under Bud et Footnotes 'Prentice fees includes materials costs. 2 includes insurance, trans ortation to site & installation Final cost Project Budget 12-05-02 0 i , a. ' �.. Memorandum To: From: Date: Re: Joe Russo Craig A. Perna December 3, 2002 Parking for the Honda Classic . ►' ". 1�"G�:S'G Any help you could give us with this would go a long way towards helping to support the tourr�nt. ig A. Perna iect Director CAP:vmd Attachment C:vYfy Documerns\Victoria�CAP memo'sv.lirasoNionOa parkirq.tloc � CITY OF PAIM BEACH GARDENS > , '. �� NORTH AMERICAN f�ROf�ERT(ES —SOUTHEAST, INC. Licensed Re�l Estate 13rokcr AGENT FOR PBC-THREE, LLC November l9, 2002 Ronald Ferris, City Manager City of Palm Beach Gardens 10500 North Military Trai( Palm Beach Gardens, Florida 33410 RE: Mirasol Walk Honda Classic Parking �ill and Crade Permit Dear Ron; � • �S : ti S ��; t � ,; ���M;Easo��rd. NOV ^ ; 1001 PR�ECl p�R rHE FCTpR As you are aware, we own the 25-acre parcel located at the northwest corner of PGA 131vd. and the Florida Turnpike. After a year and half from apptication we have now receivcd our concurrency certitication (thanks in a large part to Mayor Jablin and your efforts with Palm Beach County) and are scheduled for the Planning and Zoning Workshop meeting on December I 0, 2002. We will then proceed to Planning and Zoning and then to City Council for a scheduled final hearing date of February 20, 2003. We are also iinalizing all other permits (we have the FDOT permit, the SFWMD permit is almost complete, we have resubmitted to SCUA, etc.) and expect to be able to commence construction as soon after the final City Council hearing as possible. We have been working with Taylor Woodrow Mirasol and the Honda Classic to provide them with space on our property for tournament parking for the general public. In order to allow for parking on the site, we will need to clear the underbrush, fill and grade the site. This will allow normal passenger cars to use the site for parking. The City Engineer has informed us he cannot issue an early fill permit until we have site plan approval. As site plan approval is not scheduled until February 20, 2003 and the Honda Classic is in early March 2003, this will not allow us to complete the work in time. Taking the above into consideration, I am sending you this letter to request the City review the situation to see if there is any way to accommodate our request to fill and 12995 S. Cleveland Ave. • Suite 214 � Ft. Myers, FI 33907 ph: 239-278-1121 • fax: 239-278-0995 • web: www.naproperties.com Atlanta I Cincinnati I Dallas I Ft. Myers I Minneapolis November 19, 2002 Ronald l�erris, City Manager page two �;rade the site for Honda Classic parking. We understand the reluctance of the City to grant a fill permit prior to site plan approval and therefore we agree to the following: 1. We will not remove any of the existing trees adjacent to Jog Road. The area we propose to use for parking is the existing cow pasture (see enclosed site plan). Tree removal will take place only after site plan approval. 2. We will install erosion control (silt fence) in order to prevent any fill washouts to adjacent property. 3. We will install washed stone "driveways" off of the adjacent roadways in order to keep the surrounding roads clean of tire tracks. 4. We agree to hydoseed the tilled area immediately after the Honda Classic if we are not yet able to proceed with construction of the Mirasol Walk project. 5. If allowed, the fill work would commence in mid-January and be complete in time for the Honda Classic. [ have enclosed a letter t�o►n Honda Classic Executive Director Cliff Danely requesting use of our property as well as a site plan drawing depicting the proposed work. We are aware and are not hiding the fact that granting this request will also give us a jump start on our construction schedule. However; considering our single-phase concunency buildout date of "2003", any time advantage is appreciated. Due to the logistics involved in contracting for this work as well as a(ternate site selectian ior parking (and / or busing arrangements) by Honda Classic staft; we would appreciate a response from the City as soon as possible. Please contact me should you wish to discuss this t�urther. Sincer ly yours; � Shawn R. McIntyre Vice President enc. Honda Classic letter of November 12, 2002 Site plan ' cc: Cliff Danley, Honda Classic Craig Perna, Taylor Woodrow — Mirasol Dale Hafele, North American Properties ��he filohda Classic � 10170 Riverside Drive Phone: 5 61.514. 69 9 9 Fax: 5 61. 514. 6 7 5 S www hondaclassic.com 'xOURNAMfiNT STAFF CLIFFORD L. DANLEY Exavlive Dirator TARA CLIVIO Ditator of Sala & Markedng STEVE GOLUB Assistant Dirator of Saia & Mm�e6ng JULIA AUGUST Toumament Coordinator IvIANDY WOODHOUSE Toumama�t Coordinawr November 12, 2002 Shawn R. McIntyre Vice President North American Properties — SE, Inc. 12995 South Cleveland Avenue Suite 214 Fort Myers, FL 33907 Dear Mr. McIntyre: We would like to request your property for tournament parking. The property will need to be prepared and cleared for parking and we are hoping that it can be completed by March l, 2003. On behalf of the Honda Classic we would like to thank you for your assistance �vu�r cux'ris �th regards to this matter. If you have any questions or require any further nir«c�r ot op�,uo� �ormation please do not hesitate to contact me. CLASSIC FOUND�TTON CY J. CASE, Chairman R. AMEIvIIYA RiCHARD COI.LIVER IRV GROSSMAN A. HYOGO WII.LIAM LOSSON STEVE MORIKAWA BARBARA 11ICKLAUS CRAIG A. PERNA JAMES ROBINSON JOSEPH R RUSSO RAYMOND A. DOUMAR RICHARD T. WOULFE Legal Cowuel GENE S. 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' " F� � . � .� I _. -". \ �_ . ncE c v� _ {.' �... � t PS 15XV r � - � i: f: 0 � � -'---- � � �,.� -- � _. . . . � L ��<no^ � :�: i;� �'.+-.-� i�-... 1,M 1, • 3^ree �MI Td � � R W[� ' . . .MA�� ',�: �'� :�TW � i I I S;e:�! f['S' ` �se.cs � T � `' 'T __ � . ..�6 ..�� M1e..trS I ; -' ` j�u7 ca%�..� [ � I �ri q < .. �., /�orw D+.:� � •Y ]c o. s� svc 1 '�i; Y�F���A.F a.. //` � ` /r_:�-"� K ».cn _ rYw6 ' � I II j i,-: �' 3 �� n � ..is..�c 1 � � I I �_;: � �(� ! ��, 1: t� ;F �=.:� ' �' ° "" _ - r ', }i x•. I� Y�� Y'��I �I 1 -S���G� J' G�O¢ � ' i !j � � . ;� � •, ,t :✓.u..rn _ � - � -: � �w+��e� y '' Yu02 �'�-Tr�=�� =s. -wid._.. Y �.NS) � r � O �. `. • �I_ > I c�.ic� v� �� " "__u�.rse._._ !�� � � I �.,a.,a.�. i _ ; ....i.�,._.,.... � �,o.,� r- �-„ . ,- � 'JYR+� YLY Olw'DA�O � "' ��--.C��� =' . .. . • _ i•" I m..s �� ao+o..:aa inmm. -- '� - .. . s�a � cnmon sac rocsm. sv.s �k x...� .rwu aamr w�u TA6 NZ }mYr1 vWL GL/CA NiW fA6 Mr T�mmni CECd w:W saa ,c. . a+os �.ioi {'.S R��27? HIL YIT zcr 7 I� aJ.ra 1'�s fT1 .�. w�a �on� iA6 D�� ('/f Nf'[t) 1rIL aa u ;i ur.l �.'«ir�+ SA6 L! (' hf'K7 K i(tvu V1'VO ONJHVJ �3H 1NVT9y ��__��.' � �,. �- __ "—_. _..._�....... . �/ ......_._....._.__ _ . " . � �/�— '_� _ � . ^ �;"� -: tti.i ���A :_._ -J ,. --� .-; :� a�� � �___ _ __ ;; : ..�+SI n�T p. , .lr� od, S'5���''� : ' ' ` �� \ � �� ��-/� �/ ►�s CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION xx , 20xx Date Prepared: Page: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA ,........PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, ...... ; and DRAFT RESOLUTION # Opposinq EI Paso Seafarer Natural Gas Transmission Line WHEREAS El Paso Energy is currently seeking approvals to construct the Seafarer Pipeline, a twenty-six inch (26") diameter high-pressure natural gas transmission line from Grand Bahama Island through Palm Beach County, Florida to Martin County, Florida; and WHEREAS Seafarer pipeline, as currently proposed, would adversely impact the offshore reef system environment through trenching the coral reefs, and WHEREAS horizontal directional drilling (HDD) would further expose the marine environment and rare Johnson's sea grass beds in the Lake Worth Lagoon to the risk of `frac-out' (uncontrolled spilling of drilling fluids), and WHEREAS El �aso Seafarer Pipeline would also adversely impact public lands and public parks, and place residential communities, communications infrastructure, airports, hospitals and schools in the cities of Palm Beach Shores, Palm Beach, Riviera Beach, Mangonia Park, Palm Beach Gardens, West Palm Beach and portions of unincorporated Palm Beach County at risk in the event of rupture and explosion (see Exhibit A— Map), and WHEREAS El Paso Seafarer Pipeline has no contracts with end users for the purchase of gas transmitted through the proposed pipeline and therefore appears to be purely speculative; NOW THEREFORE the City of Palm Beach Gardens opposes the current proposed alignment of the El Paso Seafarer Pipeline and will take such actions as necessary to communicate this opposition to the appropriate permitting agencies. WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clause is hereby ratified and confirmed as being true and correct and is hereby made a specific part of this Resolution. SECTION 2: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 3: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 4: This Resolution shall become effective immediately upon adoption. / / � '► • Account RE: No. WATTERSON &. HYLAND PROFESSIONAL ASSOCIATION City of Palm Beach Gardens Monthly Billing Summary Current Charges for November, 2002 C�`_e_.�--�-- 319.000 Retainer 319.052 V. Vavrus 319.062 Misceilaneous Hourly Billing Matters 319.072 Municipal Complex Construction 319.082 Vavrus Appeal of CEB Order 319.090 Burns Road Widening 319.096 V. Architectural Design Group 319.097 John D. & Catherine T. MacArthur Foundation Et AI 319.098 Charles Vavrus v. Joseph Russo et al 319.100 Kyoto Gardens Dr. Railroad Crossing/Appeaf 319.101 V. Dr. Robert Burke 320.009 Golf Digest 320.017 Catafulmo Construction 320.023 Divosta & Co. (Florida Investment Venture) 320.025 Toll Brothers/Frenchman's Reserve 320.029 Crossroads at Northlake -.Unity of Control 320.030 Borland CenterlPalm Bch Community Church 320.032 01d Palm Country Club (WCI) 320.033 Congress Plaza West 320.034 Donald Ross Village� _ Total Current Work AoQraved. fat pescri , o .. ,.. DEC � e z00� RECEIVED CITY MANAGER'S OFFICE `� � ' �' 2�QZ �� ��. ��.; .� E.b Amount Due 15,400.00 2,455.98 2,732.50 1,201.14 256.50 1,018.50 776.13 2,929.00 48.00 2,414.14 397.00 128.00 553.46 4.04 68.99 32.00 32.00 704.00 388.55 256.00 $31.795.93 4100 RCA BOULEVARD • SUITE 100 • PALM�CH GARDENS • FLORIDA 33410 TELEPHONE: (56 I) 627-5000 • F CSIMILE: (56 I) 627-5600 WATTERSON & HYLAND PROFBSSIONAL ASSOCIATION CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL PALM BEACH GARDENS FL 33410 ATTN: RONALD FERRIS RE: RETAINER PREVIOUS BALANCE Attendance at all regular and special meetings of the City Council Attendance at all regular and special meetings of the Planning & Zoning Commission Attendance at all regular and special meetings of the Code Enforcement Board Review for legal form and sufficiency proposed ordinances, resolutions, contracts and agreements Research issues and present legal opinions on matters at issue Represent the City in pre-litigation matters Monitor and review the work and billinqs of outside legal counsel Provide a monthly litigation report FOR CURRENT SERVICES RENDERED TOTAL CURRENT WORK PAYMENT RECEIVED TOTAL PAYMENTS BALANCE DUE ACCOUNT NO: STATEMENT NO: BALANCE DUE ON 12-20-02 IF YOU HAVE ANY QUESTIONS CONCERNING THIS STATEMENT, PI,EASE CONTACT US I1rII�lEDIATELY *** PLEASE REFERENCE YOUR ACCOUNT NUMBER ON YOUR PAYMENT *** Page: 1 11/30/02 319-OOOW 68 STATEMENT $15,400.00 15,400.00 15,400.00 -15,400.00 -15,400.00 $15,400.00 4 I 00 RCA BOULEVARD • SUITE I 00 • PALM BEACH GARDENS • FLORIDA 334 { O TELEPHONE: (56 I) 627-5000 • FACSIMILE: (56 I) 627-5600 .. . . . . _ . .. _ . . --- - --- . . . .. . . . _ _._. .. � � �i . � ?t . ? _.__ , ► ' • �ATTERSON & HYLAND P R O F E 5 S I O N A L A 5 5 O C 1 A T I O N CITY OF PA7�M BEACH GARDENS 10500 N. MILITARY TRAIL PALM BEACH GARDENS FL 33410 ATTN: RONALD FERRIS RE: v. VAVRUS PREVIOUS BALANCE 11/05/02 MJB Review of Order from 4th DCA in liglzt of pending circuit court action; discussion with Leonard Rubin and Terence Watterson regarding remaining issue raised Summary Judgement motion TJW Conference with Marjorie J. Binder and assignments regarding appellate issues 11/06/02 MJB Office conference with Terence Watterson and Leonard Rubin to discuss case status and strategy LGR Office conference with Terence Watterson and Marjorie Binder to discuss order denying Petition for Writ of Certiorari and effect on pending proceedings; discuss strategy in original action and code enforcement case TJW Meeting with Marjorie J. Binder and Leonard G. Rubin regarding coordination of case's impact on further proceedings of Fourth DCA denial of Certiorari; conference with Joe Fleming regarding Father Leo helping to facilitate settlement; e-mail from Joe Fleming regarding Father Leo availability 11/07/02 LGR Legal research regarding ability to challenge denial of petition for writ of certiorari and finality of underlying decision; telephone conference with Marilyn Buetenmuller regarding finality of order and issuance af mandate; e-mail to Terence Watterson and Marjorie Binder TJW Telephone conference with Dan Clark regarding negotiations; telephone call from Father Leo; conference with Leonard G. Rubin regarding issuance of mandate and finality of Fourth DCA decision 11/08/02 LGR Office conference with Terence Watterson regarding scheduling of shade meeting to discuss settlement and litigation e�cpenditures T�7W Meeting with Leonard G. Rubin regarding scheduling of shade meeting Page: 1 11/30/2002 ACCOUNT NO: 319-052K STATEMENT NO: 45 $638.50 HOURS 0.40 0.30 2.50 2.50 3.00 1.20 0.80 0.20 0.20 4100 RCA Boulevard • Palm Beach Gardens, FL 33410 • Phone 561-627-5000 • Facsimile 561-627-5600 � CITY OE PALM BEACH GARDENS RE: v. VAVRUS 11/18/02 MJB Review pleadings and ordinance in preparation for Motion to Compel Inspection; dictate Notice of Filing Decision of 4th DCA 11/19/02 MJB Office conference with Terence Watterson regarding Notice of Filing Order of 4th DCA and strategy for proceeding and Motion to Compel Inspection; review and finalize Notice of Filing TJW Conference with Marjorie J. Binder regarding filing of pleadings 11/21/02 SCW Telephone aall to clerk at Fourth District Court of Appeal inquiring whether a Motion of Rehearing or Clarification had been filed; note to Leonard Rubin regarding same 11/22/02 MJB Office conference with Leonard Rubin regarding £inality of order from 4th DCA and Filing of Notice in District Court proaeeding TJW Review request for update from Manager 11J25f02 TJW Review materials for purposes of litigation report to City of Palm Beach Gardens 11/27/02 LGR Office conference with Terence J. Watterson; finalize public notice for shade meeting; e-mail to City Clerk's Office FOR PROFESSIQNAL SERVICES REPIDERED RECAPITULATION TIMEKEEPER IiOURS HOURLY RATE TERENCE J. WATTERSON 5.80 $185.00 SUSAN C. WiLHELM 0.20 75.00 LEONARD G. RUBIN 4.30 160.00 MARJORIE J. BINDER 4.90 135.00 Fax transmittal Photocopies Postage TOTAL EXPENSES THRU 11/30/02 TOTAL CURRENT WORK Page: 2 11/30/2002 ACCOUNT NO: 319-052K STATEMENT NO: 45 xouRs 1.00 0.70 0.50 0.20 d.30 0.20 0.80 0.40 15.20 2,437.50 TOTAL $1,073.00 15.00 686.00 661.50 11.00 6.00 1.48 18.48 2,455.98 11/05J02 Payment received: Check # 090919 -324.00 �, CITY OF PALM BEACH GARDENS RE: v. VAVRUS i BALANCE DUE PLEASE REMIT _ _ -- -- --- _ _ _I I Page: 3 � 11/30/2002 ACCOUNT NO: 319-052K � STATEMENT NO: 45 i TERMS: BALANCE DUE ON 12-20-02 IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT US INJD�DIATELY ***Please reference 319.052 on your payment*** $2,770.48 $2,770.48 I ; �� :. �ATTERSON � HYLAND P R O F E S 5 I O N A l A S 5 O C 1 A T I O N CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL PALM BEACH GARDENS FL 33410 ATTN: RONALD FERRIS RE: MISCELLANEOUS HOURLY BILLING MATTERS PREVIOUS BALANCE 11/04/02 MJB Receipt and review of pension plan documents from Major Artola 11/08/02 LGR Draft Resolution authorizing settlement of Parrish workers' compensation claim; draft Resolution authorizing voiceJdata cable installation contract 11f13/02 LGR Draft Agreement for Creation of Sign Designs 11/14/02 LGR Revise Agreement for Creation of Sign Designs MJB Draft Parking Ordinance 11/15/02 MJB Review and revise Parking Ordinance il%18/02 LGR Draft ordinance extending development build out dates BBB Review title chains on parcels owned by City; draft opinion letter as to title (FRDAP Grant) MJB Review and revise Parking Ordinance 11/19/02 LGR Revise ordinance extending build out dates BBB Prepare legal descriptions as attachment to opinion of title 11/20/02 LGR Draft/revise Agreement for Creation of Sign Designs FRDAP Grant 11J21{02 LGR Draft/revise Charter Amendment Ordinances 11J22j02 LGR Draftjrevise Charter Amendment ordinances 11/24/02 LGR Revise Charter Amendment Ordinances Page: 1 11/30/2002 ACCOUNT NO: 319-062K STATEMENT NO: 57 $4,342.50 HOURS 0.50 0.60 0.80 0.30 2.00 1.80 0.90 1.00 0.50 0.70 0.30 0.50 2.00 2.30 1.10 11/26/02 LGR Revise Charter Amendment Ordinances 0.30 PAH Reviewed Complaint and Summons issued by the City of West Palm Beach (Case No. CA-02-13944-AW) and served on the City of Palm Beach Gardens as a party 4100 RCA Boulevard • Palm Beach Gardens, FL 33410 • Phone 561-627-5000 • Facsimile 561-627-5600 :, CITY OF PALM BEACH GARDENS RE: MISCELLANEOUS HOURLY BILLING MATTERS defendant, regarding the Roger Burrow property; researched files to locate the Release of Lien previously recorded on the subject property pertaining to code yiolations and indicating the City of Palm Beach Gardens has been paid on that lien 11/27/02 PAH Prepared letter to Assistant City Attorney Jennifer Hunecke, enclosing a copy of the recorded Release of Lien and requesting the City of Palm Beach Gardens be dropped as a party defendant to the lawsuit filed under Case No. CA- 02-13944-AW (City of West Palm Beach v. Burrow, et alj; set up subfile folder FOR PROFESSIONAL SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE BARRY B. BYRD 1.30 $185.00 LEONARD G. RUBIN 9.50 160.00 MARJORIE J. BINDER 4.80 135.00 PRISCILLA A. HORN 0.80 75.00 Fax transmittal Photocopies TOTAL EXPENSES THRU 11/30/02 11/06/02 Title search: Attorneys' Title Insurance Fund, Inc. TOTAI, ADVANCE S TOTAL CURRENT WORK 11/05/02 Payment received: Check # 090919 BALANCE DUE PLEASE REMIT Page: 2 11/30/2002 ACGOUNT NO: 319-062K STATEMENT NO: 57 HOURS [��L�7 0.40 16.40 2,468.50 TOTAL $240.50 1,520.00 648.00 60.00 TERMS: BALANCE DUE ON 12-20-02 IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT US IM[�DIATELY ***Please reference 319.062 on your payment*** 4.00 10.00 14.00 250.00 250.00 2,732.50 -1,948.00 $5,127.00 $5,127.00 T a WATTERSON & HYLAND PROFESS�IONAL ASSOCIATION CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL PALM BEACH GARDENS FL 33410 ATTN: RONALD FERRIS RE: MUNICIPAL COMPLEX CONSTRUCTION PREVIOUS BALANCE 11J04/02 JHC Draft motion for leave to file third party and cross claims in the consolidated actions; receipt and review of order on ADG motion to dismiss with Judge's stamp 11/12j02 JHC Review and revise motion for leave to file third party and cross claims in the consolidated actions; review and revise letters to opposing counsel, judge, and revise draft of proposed Agreed Order to include with cover letter 11/15/02 JHC Receipt and review of Letter from Kenneth M. Curtin to Jon D. Derrevere, Esquire, Notice of Hearing, Fisk Electric Company, Inc.'s Motion for Entry of Confidentiality Order, and Confidentiality Order 11/18/02 JHC Receipt and review of Plaintiff's Notice of Serving Responses to Defendant, Architect Design Group, Inc.'s First Set of Interrogatories; review and revise Third Party Complaint in anticipation of leave from the Court.; 11/19/02 TJW Update from Henry Cartwright on status of litigation FOR PROFESSIONAL SERVICES RENDERED TIMEE�EPER TERENCE J. WATTERSON J. HENRY CARTWRIGHT Photocopies Postage RECAPITULATION HOURS HOURLY RATE 0.20 $185.00 6.50 135.00 Page: 1 11/30/2002 ACCOUNT NO: 319-072K STATEMENT NO: 42 $741.00 HOURS 2.20 1.30 0.80 4.20 0.20 8.70 1,184.50 TOTAL $37.00 1,147.50 12.25 4.39 4100 RCA Boulevard • Palm Beach Gardens, F�. 33410 • Phone 561-627-5000 • Facsimile 561-627-5600 , ' CITY OF PALM BEACH GARDENS RE: MUL�TICIPAL COMPLEX CONSTRUCTION TOTAL EXPENSES THRU 11I30/Q2 TOTAL CURRENT WORK 11/05J02 Payment received: Check # 090919 BALANCE DUE PLEASE REMIT Page: 2 11/3Q/2�02 ACCOUNT NO: 319-072K STATEMENT NO: 42 TERMS: BALANCE DUE ON 12-20-02 IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT US IN�lEDIATELY ***Please reference 319.072 on your payment*** 16.64 1,201.14 -140.00 $1,802.14 $1,802.14 WATTERSON & HYLAND P R O F E 5 5 1 O N A L A 5 S O G I A T 1 O N CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL PA7.�M BEACH GARDENS FL 33410 ATTN: RONALD FERRIS RE: VAVRUS APPEAL OF CEB ORDER PREVIOUS BALANCE 11/05/02 LGR Receipt and review of order denying Petition for Writ of Certiorari; fax to Rusty Roberts, Esquire 11/14/02 LGR Receipt and review of correspondence from Paul Golis, Esquire regarding eminent domain proceeds; conference with Terence Watterson lljl5/02 LGR Draft letter to Paul Golis, Esquire, regarding proceeds of eminent domain action 11/18/02 L6R Revise letter to Paul Golis, Esquire 11/24/02 LGR Review statutory requirements for attorney-client sessions; draft notice FOR PROFESSIONAL SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE LEONARD G. RUBIN 1.40 $160.00 Fax transmittal Photocopies TOTAL EXPENSES THRU 11/30/02 11/15/02 Delivery Expense: Courier Center, Inc. TOTAL ADVANCES Page: 1 11/30/2002 ACCOUNT NO: 319-082K STATEMENT NO: 39 $342.20 HOURS 0.30 0.30 0.20 0.10 0.50 1.40 224.00 TOTAL $224.00 2.00 0.50 2.50 30.00 30.00 4100 RCA Boulevard • Palm Beach Gardens. FL 33410 • Phone 561-627-5000 • Facsimile 561-627-5600 ti ,� CITY OF PALM BEACH 6ARDENS RE: VAVRUS APPEAL OF CEB ORDER TOTAL CURRENT WORK BALANCE DUE PLEASE REMIT Page: 2 11/30/2002 ACCOUNT NO: 319-082K STATEMENT NO: 39 TERMS: BALANCE DUE ON 12-20-02 IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT US I1�lEDIATELY ***Please reference 319.082 on your payment*** 256.50 $598.70 $598.70 . ��,, WATTERSON & HI�LAND P R O F E S S 1 O N A L A S 5 O C I A T I O N CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAZL PALM BEACH GARDENS FL 33410 ATTN: RONALD FERRIS RE: BURNS ROAD WIDENING PREVIOUS BALANCE 11/O1/02 LGR Legal research regarding temporary easements/ licenses for construction of improvements; begin draft of license agreement; telephone conference with Dan Clark 11f04/02 LGR Draftfrevise Access Agreement with Weiss Group, Inc. 11/08/02 LGR Receipt and review of agenda packet for lighting along Burns Road and sample Agreement with FPL; revise Resolution authorizing execution of Agreement; telephone conference with Dan Clark; revise Access Agreement; fax to Dan Clark 11/12/02 LGR Receipt and review of correspondence from Paul Galis, Esquire and John L. Bryan, Esquire 11f14/02 LGR Telephone conference with Dan Clark regarding FPL issues and possible acquisition of portion of Weiss property 11/15/02 L6R Telephone call from Peter Moli.engarden, Esquire, regarding Siena Oaks Agreement 11/18/02 LGR Telephone conference with Dan Clark regarding meeting with Siena Oaks (traffic calming improvements); e-mail to Sue Wilhelm SCW Telephone call to Peter Mollengarden to schedule a meeting with him; Dan Clark and Leonard Rubin regarding tra£fic calming improvements for Sienna Oaks; telephone call to Dan Clark to confirm date and time 11/22/02 SCW Telephone call to Peter Mollengarden's office to reschedule time for meeting with Len Rubin and Dan Clark Page: 1 11/30/2002 ACCOUNT NO: 319-090K STATEMENT NO: 33 $266.70 HOURS 0.70 1.70 0.90 0.20 0.30 0.20 0.20 0.30 0.20 4100 RCA Boulevard • Palm Beach Gardens, FL 33410 • Phone 561-627-5000 • Facsimile 561-627-5600 _ . . CITY OF PALM BEACH GARDENS RE: BURNS ROAD WIDENING 11/27/02 LGR Preparation for and attendance at meeting at City Hall with Dan Clark and Siena Oaks representatives regarding traffic calming improvements FOR PROFESSIONAL SERVICES RENDERED RECAPITULATION TIMEF�EPER HOURS HOURLY RATE SUSAN C. WILHELM 0.50 $75.00 LEONARD G. RUBIN 6.10 160.00 Fax transmittal TOTAL EXPENSES THRU 11/30/02 TOTAI, CURRENT WORK 11/05/02 Payment received: Check # 090919 BALANCE DUE PLEASE REMIT Page: 2 11/30/2002 ACCOUNT NO: 319-090K STATEMENT NO: 33 HOURS 1.90 6.60 1,013.50 TOTAL $37.50 976.00 TERMS: BALANCE DUE ON 12-20-02 IE YOU HAVE ANY QUESTIONS, PLEASE CONTACT US I2�IIrlEDIATELY ***Please reference 319.090 on your payment*** 5.00 5.00 1,018.50 -101.20 $1,184.00 $1,184.00 f � WATTERSON � HYLAND P R O F E 5 5 1 O N A L A 5 S O C 1 A T 1 O N CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL PALM BEACH GARDENS FL 33410 ATTN: RONALD FERRIS RE: V. ARCHITECTURAL DE5IGN GROUP PREVIOUS BALANCE 11/O1/02 JHC Draft status memo for litigation structure plan to Terence Watterson regarding third party and cross claims 11/04/02 JHC Review contract and revise draft complaint with regard to contract provisions, research results, and meeting with Terence Watterson 11/13/02 JHC Receipt and review of Eisk's Answer and Affirmative Defenses to Suffolk's aounterclaim; receipt and review of Eisk's Responses to Affirmative Defenses of Suffolk; receipt and review of Fisk's Responses to Affirmative De£enses of ADG; receipt and Review of Notice of Unavailability of Fisk FOR PROFESSIONAL SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOLJRI,Y RATE J. HENRY CARTWRIGHT 5.60 $135.00 11/26/02 West Law Research: West Group West Law Research: TOTAL ADVANCES THRU 11/30/02 TOTAL CURRENT WORK Page: 1 11/30J2002 ACCOUNT NO: 319-096K STATEMENT NO: 5 $1,583.50 HOURS 0.10 4.30 1.20 5.60 756.00 TOTAL $756.00 20.13 20.13 20.13 776.13 11j05j02 Payment received: Check # 090919 -195.00 4100 RCA Boulevard • Palm Beach Gardens, FL 33410 • Phone 561-627-5000 • Facsimite 561-627-5600 Page: 2 # CITY OF PALM BEACH GARDENS 11/30/2002 ACCOUNT NO: 319-096K STATEMENT NO: 5 RE: V. ARCHITECTURAL DESIGN GROUP BALANCE DUE PLEASE REMIT TERMS: BALANCE DUE ON 12-20-02 IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT US II�4EDIATELY ***Please reference 319.096 on your payment*** $2,164.63 $2,164.63 ,� �•. ZXTATTERSON & HYLA.ND P R O F E S 5 1 O N A L A S S p G I A T 1 O N CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRP,IL PALM BEACH GARDENS FL 33410 ATTN: RONALD FERRIS RE: JOHN D. � CATHERINE T. MacARTHUR FOUNDATION ET AL PREVIOUS SALP.NCE 11/13/02 LGR Receipt and review of correspondence from Susan Seigle, Esquire SCW Memo to Einance Director forwarding invoice from GeoTrans, Inc. for payment 11f27/02 LGR Review message from Lee Worsham, Esquire; telephone conference with John Donahue regarding costs for mediation ' FOR PROFESSIONAL SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE SUSAN C. WILHELM 0.20 $75.0� LEONARD G. RUBIN 0.40 160.00 11/06%02 Professional fees: P,RDAMAN & ASSOCIATES, INC. Professional fees: TOTAL ADVANCES THRU 11/30/02 TOTAL CURRENT WORK 11J05/02 Payment received: Check # 090919 Page: 1 11/30/2002 ACCOUNT NO: 319-097K STATEMENT NO: 18 $5,420.09 HOURS 0.10 0.20 0.30 0.60 79.00 TOTAL $15.00 64.00 2,850.00 2,850.00 2,850.00 2,929.00 -5,213.09 SALANCE DUE $3,136.00 I 4100 RCA Boulevard • Palm Beach Gardens. FL 33410 • Phone 561-627-5000 • Facsimile 561-627-5600 II �' , �• CITY OF PALM BEACH GARDENS RE: JOHN D. 6 CATHERINE T. MacARTHUR FOUNDATION ET AL PLEASE REMIT , Page: 2 11/30/2002 ACCOUNT NO: 319-097K STATEMENT NO: 18 TERMS: BALANCE DUE ON 12-20-02 IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT US INIlrIEDIATELY ***Please reference 319.097 on your payment*** $3,136.00 e WATTERSON & HYLAND P Q O f E 5 5 1 O N A l A 5 S O C 1 A� I O N CITY OF PAI�I BEACH GARDENS 10500 N. MILITARY TRAIL PALM BEACH GARDENS FL 33410 ATTN: RONALD FERRIS RE: CHARLES VAVRUS v. JOSEPH RUSSO, ET AL. 11/19/02 LGR Receipt and review of correspondence from Rusty Roberts, Esquire, including Joint Motion for Removal of Case from Trial Docket and proposed order FOR PROFESSI013AL SERVICES RENDERED RECAPITULATION TIMEKEEPER EiOURS HOURLY RATE LEONARD G. RUBIN 0.30 $160.00 TOTAL CURRENT WORK BALANCE DUE PLEASE REMIT Page: 1 11/30I2002 ACCOUNT NO: 319-098K STATEMENT NO: 15 HOURS 0.30 0.30 48.00 TOTAL $48.00 48.00 $48.00 $48.00 TERMS: BALANCE DUE ON 12-20-02 IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT US INd�lEDIATELY ***Please reference 319.098 on your payment*** 4100 RCA Boulevard • Palm Beach Gardens, FL 33410 • Phone 561-627-5000 • Facsimile 561-627-5600 r WATTERSON & HYLAND P R O F E S S 1 O N A L A 5 5 O C I A T I O N CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL PALM BEACH GARDENS FL 33410 ATTN: RONALD FERRIS RE: KYOTO GARDENS DR. RAILROAD CROSSING/APPEAL PREVIOUS BALANCE 11/O1/02 JHC Receipt and Review of Court orders; meeting with Marjorie Binder on Court orders; follow up meeting with Terence Watterson concerning orders and depositions set for next week; cancel depositions il/04/02 JHC Receipt and review of order on Motion to Dismiss and Motion to Substitute; two phone calls from Roger Blangg regarding automated horns, settlement, and deposition transcript MJB Receipt and review of Orders from ALJ regarding Motion to Dismiss and Motion to Compel; discussion with Henry Cartwright 11/05/02 TJW Telephone call from Roger Blangy; conference with Marjorie J. Binder regarding automatic horn and review documentation; conference with Marjorie J. Binder regarding Blangy and communications with Administrative Law Judge 11/06/02 JHC Meeting with Terence Watterson regarding Roger Blangy request for copy of his deposition, his opportunity to file amended petition, and his request for automated horns included in settlement package; telephone conference with Rex Nicholson regarding sheduling of new hearing and his need to be in Washington D.C. the same week. MJB Telephone conference with Rex Nichelson regarding Motion for Continuance and availability for January's Hearing; call from Rex Nichelson; discussion with Henry Cartwright regarding Rex Nichelson's status TJW Meeting with Eric Leach at courthouse; meeting with Henry Cartwright regarding Roger Blangy request for copy of his deposition and opportunity to file amended petition Page: 1 11/30/2002 ACCOUNT NO: 319-100K STATEMENT NO: 10 $33,867.34 HOURS 0.50 0.80 0.50 0.80 0.70 0.40 2.50 4100 RCA Boulevard • Palm Beach Gardens. FL 33410 • Phone 561-627-5000 • Facsimile 561-627-5600 : � ;� CITY OE PALM BEACH GARDENS RE: KYOTO GARDENS DR. RAILROAD CROSSING/APPEAL 11/07/02 TJW Telephone conference with Dan Clark 11/08/02 TJW Telephone conference with Dan Clark regarding status of negotiations and need to contact Palm Beach County regarding Hood Road agreements 11/12/02 TJW Telephone call to Denise Dytrych regarding Hood Road widening 11J13/02 JHC Telephone conference with Eric Leach of FEC regarding discovery deadline and settlement hurdles left to be addressed; receipt and review of bill from mediator; verify bill is correct amount as to City's portion 11f14/02 JIiC Receipt and review of Amended Petition from Roger Blangy; revise and amend Motion to Dismiss in light of Amended Petition M�TB Review Summary Motion for Dismissal of Mr. Blangy; office conference with Henry Cartwright regarding issues in summary dismissal 11/15/02 TJW Conference with Leonard G. Rubin regarding status 11/19/02 JHC Receipt and review of telephone message from Roger Blangy. TJW Review updated Blangy Amended Complaint; update on discovery from FEC 11/21/02 JHC Dictation of confirming letter of discovery extension to Eric Leach of FEC, review, revise, and finalize same 11/25/02 MJB Receipt and review of e-mail from mediator regarding mediation costs TJW Review materials and outline Page: 2 11/30/2002 ACCOUNT NO: 319-100K STATEMENT NO: 10 HOURS 0.30 0.20 0.20 0.60 2.20 0 . 90 0.30 0.20 0.50 0.80 0.10 0.50 FOR PROFESSIONAL SERVICES RENDERED 13.00 2,020.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TERENCE J. WATTERSON 5.30 $185.00 $980.50 MARJORIE J. BINDER 1.90 135.00 256.50 J. HENRY CARTWRIGHT 5.80 135.00 783.00 Fax transmittal Long distance telephone calls Photocopies Postage TOTAL EXPENSES THRU 11/30/02 2.00 1.06 34.50 0.74 38.30 ► CITY OF PALM BEACH GARDENS RE: KYOTO GARDENS DR. RAILROAD CROSSING/APPEAL 11/15/02 Court reporter: Ley � Marsaa Court Reporters, Inc. Court reporter: 11/26/02 West Law Research: West Group West Law Research: TOTAL ADVANCES THRU 11/30/02 TOTAL CURRENT WORK 11/05/02 Payment received: Check # 090919 BAI,ANCE DUE PLEASE REMIT __ _ - � Page: 3 i 11/30/2002 ACCOUNT NO: 319-100K STATEMENT NO: 10 I TERMS: BALANCE DUE ON 12-20-02 IF YOU I3AVE ANY QUESTIONS, PLEASE CONTACT US I1�A�DIATELY ***Please reference 319.100 on your payment*** 60.00 60.00 295.84 295.84 355.84 2,414.14 -19,151.94 $17,129.54 $17,129.54 a r WATTERSON � HYLAND P R O F E S 5 I O N A L A S 5 O C 1 A T � O N CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL P.ALM BEACH GARDENS FL 33410 ATTN: RONAI,D� FERRIS RE: V. DR. ROBERT BURKE PREVIOUS BALANCE � 11j07/02 TJW Return telephone call to Dr. Mark Marciano; telephone conference with Kelvin Wise 11/19/02 TJW Telephone return to Dr. Marciano; telephone conferences with Kelvin Wise 11/21/02 TJW Telephone call from Brandy Marciano 11f22f02 MJB Receipt and review of e-mail from Len Rubin regarding compliance reading from Dr. Burke's property TJW Telephone call from Marciano; conference with Terry Brown regarding scheduling; review Burke materials; review Kelvin Wise Memo regarding readings FOR PROFESSIONAL SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TERENCE J. WATTERSON 2.00 $185.00 MARJORIE J. BINDER 0.20 135.00 TOTAL CURRENT WORK 11/05/02 Payment received: Check # 090919 BALANGE DUE PLEASE REMIT Page: 1 11/30/2002 ACCOUNT NO: 319-1O1K STATEMENT NO: 7 $8,9B6.8B HOURS 0.40 0.70 0.20 0.20 0.70 2.20 397.00 TOTAL $370.00 27.00 397.00 -8,524.85 $859.03 $859.03 4100 RCA Boulevard • Palm Beach Gardens, FL 33410 • Phone 561-627-5000 • Facsimile 561-627-5600 _ il : � . CITY OF PALM BEACH GP,RDENS RE: V. DR. ROBERT BURKE Page: 2 11/30/2002 ACCOUNT NO: 319-1O1K STATEMENT NO: 7 TERMS: BAI,ANCE DUE ON 12-20-02 IF YOU HAVE ANY QUE5TIONS, PLEASE CONTACT US II�DIATELY ***Please reference 319.101 on your payment*** WATTERSON � HYLAND P R O F E S 5 I O N A L A 5 S O C I A T I O N CITY OF PAI,M BEACH GARDENS 10500 N. MILITARY TRAIL PALM BEACH GARDENS FL 33410 ATTN: RONALD FERRIS RE: GOLF DIGEST PREVIOUS BALANCE 11/22/02 LGR Meeting with Ann Booth, Craig Perna, Ron Ferris, Charles Wu and Talal Benothman at City Hall regarding PCD build out date EOR PROFESSIONAL SERVICES RENDERED RECAPITULATION �, TIMEKEEPER HOURS HOURLY RATE LEONARD G. RUBIN 0.80 $160.00 TOTAL CURRENT WORK 11/05/02 Payment received: Check # 090919 BALANCE DUE PLEASE REMIT Page: 1 11/30/2002 ACCOUNT NO: 320-009K STATEMENT NO: 62 $1,242.10 HOURS 0.80 0.80 128.00 TOTAL $128.00 128.00 -688.90 $681.20 $681.20 TERMS: BALANCE DUE ON 12-20-02 II IF YOU HAVE ANY QUESTIONS, P7�EASE CONTACT US INIl�DIATELY ***Please reference 320.009 on your payment*** I 4100 RCA Boulevard • Palm Beach Gardens, FL 33430 • Phone 561-627-5000 • Facsimile 561-627-5600 i ,. ' r WATTERSON & I�`IYLAND P R O F E S S 1 O N A L A S S O C I A� I O N CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL PALM BEACH GARDENS FL 33410 ATTN: RONALD FERRIS RE: CATAFULMO CONSTRUCTION PREVIOUS BALANCE 11f05fQ2 LGR Meeting with Ron Ferris, Charles Wu, Jack Hanson, Bud Brown, Sean Donahue and Dan Clark regarding Legacy Place permitting issues 11/13/02 LGR Telephone conference with Jim Jacoby regarding subdivision of Menin property; receipt and review of recorded deed for Lake Victoria Gardens right- of-way; draft letter to Jim Jacoby, Esquire 11/15/02 LGR Meeting with Jim Jacoby, Dan Clark and Sean Donahue regarding surety for Legacy Place 11/16/02 LGR Telephone call from Jim Jacoby, Esquire; review draft letter regarding conveyance of Menin property by metes and bounds; review Land Development Regulations; telephone conference with Sean Donahue 11/19/02 LGR Telephone conference with Jim Jacoby, Esquire, regarding conveyance of Menin property by metes and bounds; draft letter to Jim Jacoby, Esquire FOR PROFESSIONAL SERVICES RENDERED TIMEKEEPER LEONARD G. RUBIN Fax transmittal Photocopies Postage REGAPITULATION HOURS HOURLY RATE 3.40 $160.00 TOTAL EXPENSES THRU 11/30/02 __ _ Page: 1 11/30/2002 ACCOUNT NO: 32Q-017K STATEMENT NO: 37 $1,863.64 HOURS 0.80 0.40 0.80 0.60 0.80 3.40 544.00 TOTAL $544.00 4.00 2.50 2.96 9.46 4100 RCA Boulevard • Palm Beach Gardens. FL 33410 • Phone 561-627-5000 • Facsimile 561-627-5600 . � CITY OF PALM BEACH GARDENS RE: CATAFULMO CONSTRUCTION TOTAL CURRENT WORK 11/05/02 Payment received: Check # 090919 BALANCE DUE PLEASE REMIT Page: 2 11/30/2002 ACCOUNT NO: 320-017K STATEMENT NO: 37 TERMS: BALANCE DUE ON 12-20-02 IE YOU HAVE ANY QUESTIONS, PLEASE CONTACT US 7.IrIldEDIATELY ***Please reference 320.017 on your payment*** 553.46 -1,402.35 $1,014.75 $1,014.75 6 WATTERSON & HYLAND V R O F E 5 S I O N A L A 5 5 O C 1 A T I O N CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL PALM BEACH GARDENS FL 33410 ATTN: RONALD FERRIS RE: DIVOSTA & CO. (FLORIDA INVESTMENT VENTURE) PREVIOUS BALANCE Long distance telephone calls Photocopies Postage TOTAL EXPENSES THRU 11/30/02 TOTAL CURRENT WORK 11/05/02 Payment received: Check # 090919 BALANCE DUE PLEASE REMIT Page: 1 11/30/2002 ACCOUNT NO: 320-023K STATEMENT NO: 21 $93.00 2.92 0.?5 0.37 4.04 4.04 -93.00 $4.04 $4.04 TERMS.: BP,LANCE DUE ON 12-20-02 IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT US IMl�DIATELY ***Please reference 320.023 on your payment*** 4100 RCA Boulevard • Palm Beach Gardens, FL 33410 • Phone 561-627-5000 • Facsimile 561-627-5600 . � WATTERSON � HYLAND P R O F E S S 1 O N A L A S S O C I A T 1 O N CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRP,IL PALM BEACH GARDENS FL 33410 ATTN: RONALD FERRIS RE: TOLL BROTHERS/FRENCF�lAN'S RESERVE PREVIOUS BALANCE 11/05/02 LGR Receipt and review of correspondence from Howard Falcon, Esquire regarding title commitment for park parcel 11/06/02 LGR Receipt and review of correspondence from Steve Cohen, Esquire 11/08J02 LGR Telephone conference with Steve Cohen, Esquire, regarding park parcel and sidewalks FOR PROFESSIONAL SERViCES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE LEONARD G. RUBIN 0.40 $160.00 Fax transmittal Photocopies Postage TOTAL EXPENSES THRU 11/30/02 TOTAL CURRENT WORK 11/05%02 Payment received: Check # 090919 BALANCE DUE Page:_ 1 11/30/2002 ACCOUNT NO: 320-025K STATEMENT NO: 19 $633.00 HOURS 0.10 0.10 0.20 0.40 TOTAL $64.00 64.00 2.00 2.25 0.74 4.99 68.99 -355.50 $346.49 4100 RCA Boulevard • Palm Beach Gardens, FL 33410 • Phone 561-627-5000 • Facsimile 561-627-5600 , CITY OF PALM BEACH GARDENS � RE: TOLL BROTHERSfE'RENCHMAN'S RESERVE PLEASE REMIT Paqe: 2 11/30/2002 ACCOUNT NO: 320-025K STATEMENT NO: 19 $346.49 TEFtMS: BALANCE DUE ON 12-20-02 IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT US I1�IlrIEEDIATELY ***Please reference 320.025 on your payment*** WATTERSON & HYLAND P R O P E S S I O N A � A 5 5 O C I A T I O N CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL PALM BEACH GARDENS FL 33410 ATTN: RONALD FERRIS RE: CROSSROADS AT NORTHLAF�-UNITY OF CONTROL PREVIOUS BAI,ANCE 11/07/02 LGR Receipt and review of correspondence from Urban Design Studio and Joe Pollock regarding traffic concurrency vesting and request for approval FOR PROFESSIONAI, SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE LEONARD G. RUBI13 0.20 $160.00 TOTAL CURRENT WORK 11/05/02 Payment received: Check # 090919 BALANCE DUE PLEASE REMIT _ �'� Page: 1 11/30/2002 ACCOUNT NO: 320-029K STATEMENT NO: 11 $692.37 HOURS 0.20 0.20 32.00 TOTAL _ $32.00 32.00 -372.00 $352.37 $352.37 TERMS: BALANCE DUE ON 12-20-02 IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT US Il�'Il�DIATELY ***Please reference 320.029 on your payment*** 4100 RCA Boulevard • Palm Beach Gardens FL 33410 • Phone 561-627-5000 • Facsimile 561-627-5600 II WATTERSON & HYLAND P R O F E 5 S I O N A L A S S O C I A T 1 O N CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL PALM BEACH GARDENS FL 33410 ATTN: RONALD FERRIS RE: BORLAND CENTER/PAI,M BCH CONIl�JNITY CHURCH PREVIOUS BALANCE 11/08/02 LGR Telephone conference with Steve Cohen, Esquire, regarding workshop and staff recommendation FOR PROFESSIONAL SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE LEONARD G. RUBIN 0.20 $160.00 TOTAL CURRENT WORK 11/05/02 Payment received: Check # 090919 BALANCE DUE PLEASE REMIT Page: 1 11/30/2002 ACCOUNT NO: 320-030K STATEMENT NO: 10 9 HOURS 0.20 0.20 TOTAL $32.00 $861.00 32.00 [�Y��Z�7 -317.00 $576.00 $576.00 T __- il TERMS: BALANCE DUE ON 12-20-02 'I IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT US INQQEDIATELY ***Please reference 320.030 on your payment*** i 4100 RCA Boulevard • Palm Beach Gardens, FL 33410 • Phone 561-627-5000 • Facsimile 561-627-5600 s WATTERSON & HYLAND P R O F E 5 5 I O N A l A 5 S O C I A T 1 O N CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL PAI1ri BEACH GARDENS FL 33410 ATTN: RONALD FERRIS RE: OLD PALM COUNTRY CLUB (WCI) PREVIOUS BALANCE 11/13/02 LGR Review Chapter 190, Florida Statutes; receipt and review of draft CDD Ordinance; revise CDD Ordinance; telephone call to Audrey Vance of Bonita Springs; receipt and review of sample CDD ordinances 11/14/02 LGR Revise CDD Ordinance; review applicable statutes; e-mails to Michael Sabatello, Esquire and Talal Benothman 11/21/02 L6R Revise CDD Ordinance 11/26/02 LGR Meeting with WCI representatives regarding bonding requirements for infrastructure and subdivision improvements; meeting with Dan Clark, Charles Wu, Ron Ferris and Sean Donahue to discuss bonding requirements FOR PROFESSIONAL SERVICES RENDERED TIMEKEEPER LEONARD G. RUBIN TOTAL CURRENT WORK BALANCE DUE PLEASE REMIT RECAPITULATION HOURS HOURLY RATE 4.40 $160.00 Page: 1 11/30/2002 ACCOUNT NO: 320-032K STATEMENT NO: 6 $160.00 HOURS 1.70 1.20 0.50 1.00 4.40 704.00 TOTAL $704.00 704.00 $864.00 $864.00 TERNlS: BALANCE DUE ON 12-20-02 IF YOU HP,VE ANY QUESTIONS, PLEASE CONTACT US INIlrlEDIATELY ***Please reference 320.032 on your payment*** 4100 RCA Boulevard • Palm Beach Gardens, FL 33410 • Phone 561-627-5000 • Facsimile 561-627-5600 :_ ,� � WATTERSON & HYLAND P R O F E 5 S f O N A L A 5 5 O C 1 A T 1 O N CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL PALM BEACH GARDENS E'L 33410 ATTN: RONALD FERRIS RE: CONGRESS PLAZA WEST PREVIOUS BALANCE 11/O1/02 LGR Review Declaration of Unity of Control; draft letter to Robert Saraga, Esquire 11/13/02 LGR Revise letter to Robert Saraga regaxding Unity of Control documents 11/14/02 LGR Revise/finalize letter to Robert Saraga, Esquire 11/19/02 LGR Telephone conference with Robert Saraga, Esquire regarding Declaration of Unity of Control FOR PROFESSIONAL SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE LEONARD G. RUBIN 2.40 $160.00 Long distance telephone calls Photocopies Postage TOTAL EXPENSES THRU 11/30j02 TOTAL CURRENT WORK BALANCE DUE PLEASE REMIT Page: 1 11/30/2002 ACCOUNT NO: 320-033K STATEMENT NO: 4 $192.00 HOURS 1.50 0.40 0.20 0.30 2.40 384.00 TOTAL $384.00 1.56 2.25 0.74 4.55 388.55 $580.55 $580.55 4100 RCA Boulevard • Palm Beach Gardens, FL 33410 • Phone 561-627-5000 • Facsimile 561-627-5600 �¢�_ �. � WATTERSON � HYLAND P R O F E S 5 I O N A L A S S O C 1 A T 1 O N CITY OF PAI,M BEACH GARDENS 10500 N. MILITARY TRAIL PALM BEACH GARDENS FL 33410 ATTN: RONALD FERRIS RE: DONALD ROSS VILLAGE 11/04/02 LGR Attend meeting with developer and City staff regarding permitted uses within PUD and unresolved issues 11/19/02 LGR Telephone call from Hank Skokowski regarding conditional use issue; review Land Development Regulations; e-mail to Charles Wu FOR PROFESSIONAL SERVICES RENDERED RECAPITULATION TII�KEEPER HOURS HOURLY RATE LEONARD G. RUBIN 1.60 $160.00 TOTAL CURRENT WORK f eT` if `.7�i�i��1 PLEASE REMIT _ ; Page: 1 11/30/2002 ACCOUNT NO: 320-034K STATEMENT NO: 1 HOURS 1.10 0.50 1.60 256.00 TOTAI, $256.00 256.00 $256.00 $256.00 TERMS: BALANCE DUE ON 12-20-02 IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT US I1�M�DIATELY ***Please reference 320.034 on your payment*** � 4100 RCA Boulevard • Palm Beach Gardens, FL 33410 • Phone 561-627-5000 • Facsimile 561-627-5600