HomeMy WebLinkAboutAgenda Council Agenda 021501J
City of Palm Beach wardens
Council Agenda
February 15, 2001
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Mayor Russo ./
Vice Mayor Jablin .�
Council Member Clark,-"*'
Council Member Furtado 1,
Council Member Sabatello
All those wishing to address the City Council need to complete the necessary form located by
the entrance to the Council Chambers and submit it to the City Clerk prior to the meeting
being called to order.
CITY OF PALM BEACH GARDENS
CITY COUNCIL REGULAR MEETING
FEBRUARY 15, 2001
7:00 P.M.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. ANNOUNCEMENTS:
IV. PRESENTATIONS:
a. Teamwork Awards
V. CITY MANAGER REPORT:
a. Resident Survey.,��r.
VI. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda) (Please submit
request card to Clerk prior to this Item)
VII. CONSENT AGENDA:
a. Consideration of approving Minutes from the January 16, 2001 City Council
Workshop Meeting.
b. Consideration of approving Minutes from the January 18, 2001 Regular City
Council Meeting.
C. Purchase of Golf Equipment. Consideration of purchasing a greens mower for
use at the golf course at a cost of $15,947.00.
d. Resolution 24, 2001 — Consideration of opposing a High Speed Rail
. Transportation System going through the City of Palm Beach Gardens
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e. Resolution 25, 2001 — Traffic Impact Fees. Consideration of pooling City Traffic
Impact Fees for certain real properties.
f. Resolution 26, 2001 — Funding Reimbursement. Consideration of authorizing a
financial assistance agreement with Palm Beach County to allow for
reimbursement of funding for the preparation of construction plans for streetscape
improvements to Northlake Boulevard between Military Trail and U.S. Highway
One.
g. Resolution 27, 2001 - Zoning in Progress. Consideration of adopting "Zoning in
Progress" for real properties within the City that abut Northlake Boulevard
between Military Trail to the West and Old Dixie Highway to the East; providing
for a nine month time of duration for "Zoning in Progress" and a three month
extension, if needed; providing for notification to the public.
h. Resolution 28, 2001 — Northlake Boulevard Corridor Task Force. Consideration
of entering into an agreement entitled "Assignment" with the Village of North
Palm Beach which authorizes the City to accept responsibility as agent for the
Northlake Boulevard Corridor Task Force for funding and administering an
agreement with Michael Redd and Associates, P.A., for the preparation of
construction drawings for streetscape improvements to Northlake Boulevard.
i. Resolution 29, 2001 — Mirasol Landscape Buffer and Parkway Plans.
Consideration of approving the perimeter landscape buffers, North -South
Parkway landscape buffers, pump house elevations, and lighting plans for the
Mirasol Planned Community Development. Pulled and rescheduled to the March
1, 2001 Regular City Council Meeting.
j. Resolution 31, 2001 — Firefighters' Pension Board of Trustees. Consideration of
appointing Richard B. Beladino to the Board of Trustees of the City's
Firefighters' Pension Trust Fund.
k. Resolution 32, 2001 — Loan Agreement. Consideration of authorizing the
borrowing of not exceeding $30,000,000.00 from the Florida Intergovernmental
Finance Commission Loan Program to finance and/or refinance certain capital
projects of the City; authorizing the execution and delivery of a Loan Agreement
in connection therewith; authorizing the issuance of a not to exceed
$30,000,000.00 note to evidence the obligation of the City to secure the
repayment of the loan and the note; providing for the term and repayment
provisions thereof; authorizing certain other matters in connection therewith.
Resolution 34, 2001— City Manager Contract.
m. Resolution 35, 2001 — Catalina Lakes Plat Approval. Consideration of approving
the Catalina Lakes Plat.
VIII. PUBLIC HEARINGS:
IX. RESOLUTIONS:
a. Resolution 29, 2000 - Fairways Office Center Covered Parking. Consideration of
amending Resolution 55, 1998 to allow for the construction of 66 covered parking
spaces in the Fairway Office Center located within the PGA National Planned
Community District. Do., ;G 0-1
X. ORDINANCES: (For Consideration on First Reading)
a. Ordinance 2, 2001 - Water Shortage Regulations. Consideration of an Ordinance
ay J,a
amending Chapter 74 of the Code of Ordinances of the City of Palm Beach
Gardens entitled "Utilities," by creating a new Article IV, Sections 74 -71 through
74 -77, entitled "Water Shortage Regulations. 7>14VU a„ - y (C)
b. Ordinance 4, 2001 - Planned Community Development Overlay District. 1 %off '
Consideration of an Ordinance approving an application from Toll Brother's
Development Company, Inc. for approval of a re- zoning to Planned Community
Development Overlay Zoning with underlying zoning of RL -3 (Residential Low)
to allow for a 434.19 acre, 530 dwelling unit residential community which
includes an 18 -hole golf course and a 45,000 square foot clubhouse facility
)4,0 particularly directly east of the intersection of Hood Road and Alternate AIA, as more
particularly described herein; providing for conditions of approval; providing for
waivers. Ion����
XI. ITEMS FOR COUNCIL ACTION:
XII. ITEMS FOR DISCUSSION:
XIII. ITEMS & REPORTS BY MAYOR AND COUNCIL:
XIV. CITY ATTORNEY REPORT. 6:�-R , e - Fic'¢wo fb
rttz.�-tr f �P�•1t a �
XV. ADJOURNMENT. s.l`t cF,o rng„.tao(, - �.r�rrrsRa
LAC- t126�L.- �c C
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.
fie. t o g;/ d r ,r.
•
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City of Palm Beach Gardens
Mayor Russo
Council Agenda
February 15, 2001
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
9 Nice Mayor Jablin
1 ?: 1OPn- -
Council Member Clark
/Council Member Furtado
Council Member Sabatello
•
•
CITY OF PALM BEACH GARDENS
CITY COUNCIL REGULAR MEETING
FEBRUARY 15, 2001
7:00 P.M.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. ANNOUNCEMENTS:
IV. PRESENTATIONS:
a. Teamwork Awards
V. CITY MANAGER REPORT:
a. Resident Survey.
VI. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda) (Please
submit request card to Clerk prior to this Item)
VII. CONSENT AGENDA:
a. Consideration of approving Minutes from the January 16, 2001 City
Council Workshop Meeting.
b. Consideration of approving Minutes from the January 18, 2001 Regular
City Council Meeting.
C. Purchase of Golf Equipment. Consideration of purchasing a greens
mower for use at the golf course at a cost of $15,947.00.
d. Resolution 24, 2001 — Consideration of opposing a High Speed Rail
Transportation System going through the City of Palm Beach Gardens
0 e. Resolution 25, 2001 — Traffic Impact Fees. Consideration of pooling City
Traffic Impact Fees for certain real properties.
f. Resolution 26, 2001 — Funding Reimbursement. Consideration of
authorizing a financial assistance agreement with Palm Beach County to
allow for reimbursement of funding for the preparation of construction
plans for streetscape improvements to Northlake Boulevard between
Military Trail and U.S. Highway One.
g. Resolution 27, 2001 - Zoning in Progress. Consideration of adopting
"Zoning in Progress" for real properties within the City that abut
Northlake Boulevard between Military Trail to the West and Old Dixie
Highway to the East; providing for a nine month time of duration for
"Zoning in Progress" and a three month extension, if needed; providing
for notification to the public.
h. Resolution 28, 2001 — Northlake Boulevard Corridor Task Force.
Consideration of entering into an agreement entitled "Assignment" with
the Village of North Palm Beach which authorizes the City to accept
responsibility as agent for the Northlake Boulevard Corridor Task Force
for funding and administering an agreement with Michael Redd and
Associates, P.A., for the preparation of construction drawings for
streetscape improvements to Northlake Boulevard.
i. Resolution 29, 2001 — Mirasol Landscape Buffer and Parkway Plans.
Consideration of approving the perimeter landscape buffers, North -South
Parkway landscape buffers, pump house elevations, and lighting plans for
the Mirasol Planned Community Development.
j. Resolution 31, 2001 — Firefighters' Pension Board of Trustees.
Consideration of appointing Richard B. Beladino to the Board of Trustees
of the City's Firefighters' Pension Trust Fund.
k. Resolution 32, 2001 — Loan Agreement. Consideration of authorizing the
borrowing of not exceeding $30,000,000.00 from the Florida
Intergovernmental Finance Commission Loan Program to finance and/or
refinance certain capital projects of the City; authorizing the execution and
delivery of a Loan Agreement in connection therewith; authorizing the
issuance of a not to exceed $30,000,000.00 note to evidence the obligation
of the City to secure the repayment of the loan and the note; providing for
the term and repayment provisions thereof, authorizing certain other
matters in connection therewith.
Resolution 34, 2001 — City Manager Contract.
C7
0 M. Resolution 35, 2001 — Catalina Lakes Plat Approval. Consideration of
approving the Catalina Lakes Plat.
VIII. PUBLIC HEARINGS:
IX. RESOLUTIONS:
a. Resolution 29, 2000 - Fairways Office Center Covered Parking.
Consideration of amending Resolution 55, 1998 to allow for the
construction of 66 covered parking spaces in the Fairway Office Center
located within the PGA National Planned Community District.
X. ORDINANCES: (For Consideration on First Reading)
a. Ordinance 2, 2001 — Water Shortage Regulations. Consideration of an
Ordinance amending Chapter 74 of the Code of Ordinances of the City of
Palm Beach Gardens entitled "Utilities," by creating a new Article IV,
Sections 74 -71 through 74 -77, entitled "Water Shortage Regulations.
b. Ordinance 4, 2001 — Planned Community Development Overlay District.
Consideration of an Ordinance approving an application from Toll
Brother's Development Company, Inc. for approval of a re- zoning to
Planned Community Development Overlay Zoning with underlying
zoning of RL -3 (Residential Low) to allow for a 434.19 acre, 530 dwelling
unit residential community which includes an 18 -hole golf course and a
45,000 square foot clubhouse facility located directly east of the
intersection of Hood Road and Alternate AIA, as more particularly
described herein; providing for conditions of approval; providing for
waivers.
XI. ITEMS FOR COUNCIL ACTION:
XII. ITEMS FOR DISCUSSION:
XIII. ITEMS & REPORTS BY MAYOR AND COUNCIL:
XIV. CITY ATTORNEY REPORT:
XV. ADJOURNMENT.
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.
•
•
• IV. PRESENTATIONS:
a. Teamwork Awards
•
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CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date: February 6, 2001
Meeting Date: February 15, 2001
Subject/Agenda Item
Resident Survey
Recommendation /Motion:
Summary Report of Resident Survey
Reviewed by.
Originating Dept.:
Costs: $
Council Action:
(Total)
City Attorney
Human Resources
[ ] Approved
$
( ] Approved w/
Finance
Current FY
conditions
[ ] Denied
ACM
Advertised:
Funding Source:
( ] Continued to:
Other
[ J Operating
Attachments:
[x ] Not Required
[ ] Other
Submitted by:
Beth Ingold -Love
Department Director
Affected parties
] Notified
Budget Acct. #:
[ ] None
Approved by
City Mana
[ x ] Not required
Wyl
BACKGRO
See attached memorandum.
•
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CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Ron Ferris, City Manager DATE: February 6, 2001
FROM: Beth Ingold -Love, Assistant to the City Manag k,
SUBJECT: Resident Survey
As part of the City's Communication and Marketing Plan, approved by the Council in
December 1999, the City contracted with Haysmar, Inc., a research and analysis firm, to
conduct a statistically valid, random sample survey of resident opinion. The purpose in
conducting the survey is to establish a baseline of information regarding resident
perceptions of City services as well as the effectiveness in the provision of those services.
The survey findings and analysis should serve as a guide in the future planning of City
services as well as a guide for further development and refinement of the City's
communication efforts. This initial survey will also serve as a baseline against which
future survey results can be measured.
In addition to the executive summary, the complete report includes:
• annotated surveys with raw results
• a comparison of the raw results to the results weighed to bring age categories into
sync with the City's populations (very little difference)
• respondent comments grouped by subject and alphabetized
• display charts
• cross tabulations showing the similarities and differences in the older and younger
respondents' answers to the questions.
If you would like a complete copy of the survey report or need have additional
information, please let me know.
BIL:bil
171
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City of Palm Beach Gardens
Telephone Survey of Citizen Satisfaction
Final Report - 2000
HAYSM, AR, ENC.
Research & Alnalnysys
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City of Palm Beach Gardens
Citizens Survey Final Report - Executive Summary
February 1, 2000
I. INTRODUCTION
The City of Palm Beach Gardens commissioned a survey of its citizens in October of
2000. The survey had four objectives:
1. To learn what issues are of most concern to citizens.
2. To determine the frequency of citizen contact with the city overall and by department.
3. To measure citizen satisfaction with those contacts.
4. To measure citizen satisfaction with the performance of selected -city governmental
and public services.
The survey was conducted by telephone between November 29 and December 9, 2000.
Citizens were picked randomly from among the voters registered as of October 10, 2000,
in the precincts that comprise the City. Numbers were picked randomly from each
precinct with each precinct contributing the same share of respondents to the sample as its
total made of the City's total. Four hundred (400) citizens were surveyed resulting in a
statistical significance of better than t 5% at a 95% confidence level. A copy of the
survey questionnaire is included as Appendix 1.
Upon the completion of the survey, in order to check the similarity of the sample to the
general population, the age and gender characteristics of the sample were compared to the
City's overall makeup. The results are presented in the Annotated Questionnaire
presented in Section III., below. In general the gender of the sample and the population
matched exactly.
However, the age profile of the sample skewed older than the City's population, most
likely a result of the use of registered voters. Specifically, the City's share of citizens
between ages 25 and 50 years of age and those aged 51 and over each comprise about half
the population over the age of 25. However, respondents aged 25 to 50 made up only
31 % of the sample and those 51 or older contained the remaining 69 %.
In order to compensate for this discrepancy the survey results were weighted to bring the
sample and general populations into alignment. The results from the weighted sample
were compared to the raw, unweighted, results. There was no statistical difference
between the two sets of results, although the younger citizens were more likely to visit or
call on city departments. A comparison of the raw and weighted results for issues of
citizen concern and for the satisfaction levels with governmental and public services is
reported in an Annotated Questionnaire format in Section III of the formal survey.
HAYSMAR, INC.
Research & Analysis
City of Palm Beach Gardens, Citizens Survey Executive Summary - 2/1/01
Ia. Report format
The formal report contains five sections. This Introduction (Section I) and Executive
Summary (Section II); an Annotated Questionnaire (Section III at Tab 2); a listing of the
comments made by respondents regarding what they like best about Palm Beach Gardens
and what could be better (Section IV at Tab 3); charts presenting the key findings of the
survey (Section V at Tab 4); and an Appendix (at Tab 5) containing the survey
questionnaire (A) and cross tabulations of the survey results by age category (B).
II.
EXECUTIVE SUMMARY
Ma-Findings-
1.
Traffic and Growth are the two issues of greatest concern to the citizens, but the
concern is not distributed evenly. Citizens over age 50 (older citizens) are much
more concerned with growth than are citizens age 50 or younger (younger
citizens). The two groups feel about equally regarding traffic, although the older
citizens are more vocal about it.
2.
Younger citizens are much more concerned than older citizens about the schools.
3.
The Job Market and Safety are of the least concern to both groups, the job market
presumably because the unemployment rate is low, Safety because everyone feels
safe. (see also Q9, Annotated Survey)
4.
Approximately 40% of the respondents have contacted the city in the past year.
5.
The average number of contacts per person making any contacts is 2.1. Younger
citizens are more inclined to contact the City.
6. Although the number of contacts with most departments was low, younger residents
visited the Planning and Zoning, Parks & Recreation, and Code Enforcement
departments most often. Older and younger residents visit the other departments in
equal measure.
7. Again, allowing for the relatively few contacts with most departments, in general
older residents were more satisfied with their contacts with the Police and Planning
& Zoning departments and the City Manager's and City Clerk's offices. The
younger residents were more satisfied with their contacts with the Human
Resources and Public Works departments.
8. The Parks and Recreation Department is the most contacted by far. Add Code
Enforcement, Planning and Zoning, and Public Works and the four departments
handle over half of all citizen contacts. The overall rankings of these departments
in the Citizen Business Communication Survey were 6h, 7t', 4`h, and 11`k',
respectively. Citizens are most often contacting departments that rated in the
lower half of the communication performance. (The rankings in that survey also
included factors such as the ability to transfer wrong calls, knowledge of the
Citizens Services operator, and the director's attitude on the phone, factors.)
9. The Clerks Office, the Police, Fire/Rescue, and Parks and Recreation were the top
four rated in overall satisfaction for handling citizen contacts. When considering
HAYSMAR, INC.
Research &Analysis Pa�
City of Palm Beach Gardens, Citizens Survey Executive Summary - 2/1/01
only basic calls and basic visits, these departments rated #s 1", 4`t', 2', and 7",
respectively, in the Citizens Business Communication Survey conducted in July.
10.
The cleanliness of the parks, the availability of medical services, and feeling
personally safe were the public services with which citizens were most satisfied.
11.
The quality of the roads and streets rated high while the ability (capacity) to handle
traffic rated low. Citizens like what they have but they want more capacity.
12.
Number of students in the school had the least satisfied and the most "no opinion"
responses of all the public services.
13.
Only three amenities had high "no opinion" scores, school capacity, availability of
well - paying jobs, and availability of affordable housing. Residents over age 50
were significantly more inclined to give a "no opinion" response on these issues.
14.
Considering both the "very satisfied" and "satisfied ratings," the respondents'
satisfaction with services received for the taxes paid was rated just above the
middle on the list of satisfaction with public services.
15.
The residents, in their own statements, laud Palm Beach Garden's convenience and
location, its friendly community atmosphere, its beauty, and that it is physically a
small town (not too broad nor wide and not too tall).
16.
Fittingly, the residents' opinions about what would make Palm Beach Gardens better
demonstrated a great interest in controlling growth, residential or commercial.
.
They worry that congestion will hamper the City's convenience and that its
openness and rural nature will be lost. To a lessor extent they wish the city would
provide more services (mostly parks and greater code enforcement) and that the
roads were less congested.
17.
Residents' statements also indicated that about 25% say that there is nothing they
would change about the city. Fifty -one (5 1) respondents praise City government.
Forty-four (44) other respondents wish that the City would, do more.
II.b Recommendations
1. Improve city employees' "customer service" communication skills.
2. Improve traffic on roads that handle the most rush hour traffic. The citizens are very
satisfied with the quality of the roads but are concerned with capacity. Capacity is
usually rush hour problem, so rush hour focused solutions would be most likely to
improve the scores in this area
3. Continue the programs that stress personal safety. Residents rated personal safety at
the very top of public services with which they are satisfied.
4. Continue to work with the School Board to reduce the number of students in schools
in the City.
5. Do not let growth detract from the city's small town, friendly, convenient feel. Keep
roads and parks current and well kept, maintain a feeling of safety, and continually
sponsor activities that foster a community identity and promote neighborliness.
6. Keep up the good work.
HAYSMAR, INC.
Research & Analysis Pa
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City of Palm Beach Gardens, Citizens Survey Executive Summary - 2/1/01
III. RESPONDENT COMMENTS
This table presents tallies of the respondent comments to open -ended questions about the
City's most attractive qualities and most pressing needs.
Summary of Responses by Category
Category
#
Q7. Thinking about the city as a whole, in a word or two, what do you like best about Palm Beach Gardens?
Its location. It is convenient and close to what I want and need.
91
It has a friendly community atmosphere. -
68
The area is beautiful, clean, pretty.
58
It has a small town's look and a small town's physical attributes.
52
I like the City government's approach and the city services.
44
It is just 'good.'
27
The weather and/or just living in Florida.
25
The police and the feeling of safety.
17
Don't know.
15
The golf and other aspects.
6
Actually, I don't like it very much.
5
Q8. Still thinking about the City as a whole what should the City do to make Palm Beach Gardens better?
Control Growth.
148
1 can't think of anything, things are going fine.
95
The city should increase its role in the community.
51
Reduce the traffic.
46
Personal statements e.g. "Fix a pothole in my street."
17
Improve communications with citizens.
16
Better financial awareness.
16
Improve schools and make the post office more convenient.
10
Get past the political squabbles.
7
Improve the quality of the City staff.
4
HAYSMAR, INC.
Research & Analysis
Paft / _
•
CITY OF PALM BEACH GARDENS
CITY COUNCIL
WORKSHOP MEETING
January 16, 2001
The January 16, 2001, Workshop Meeting of the City Council of the City of Palm Beach Gardens,
Florida, was called to order at 12:05 p.m. in the Council Chambers of the Municipal Complex
located at 10500 North Military Trail, Palm Beach Gardens, Florida.
ROLL CALL: The following elected officials were in attendance: Vice Mayor Eric Jablin,
Councilmember David Clark, and Councilmember Carl Sabatello. Mayor Joseph R. Russo and
Councilmember Lauren Furtado were absent.
CITY MANAGER REPORT:
Growth Management Report - Interim Growth Management Director Steve Cramer noted that the
transportation forum would be mentioned at the City Council meeting.
CONSENT AGENDA: Councilmember Clark commented he had no objections to any of the
Resolutions, and questioned whether the contract with Absolute Irrigation would take care of the
entire Municipal Center landscaping problems. Mr. Cramer advised that there would be another
landscaping contract that would take care of the lake and parking lot areas.
PUBLIC HEARINGS:
Ordinance 32, 2000 - An Ordinance of the City of Palm Beach Gardens, Florida, Providing for the
Approval of an Application from St. Mark's Church, Inc. for an Amendment and Expansion of a
Planned Unit Development by Approving the Construction of a 14,000 square -foot School Building,
a 945 square -foot Church Addition, and a Limited Time Extension for a Trailer on an 11 Acre Site,
Located at the Northeast and Northwest Corners of Burns Road and Gardens East Drive, as More
Particularly Described herein, Providing for Conditions of Approval; Providing for Waivers;
Providing for Severability, Providing for Conflicts; and Providing an Effective Date. Staff reported
all conditions had been met. Councilman Sabatello requested that the people of the school be
notified there was no parking on the roadway and to explain the new parking configuration and what
they were expected to do. Staff responded they would get a verbal commitment, that condition six
of the Ordinance stated that "No Parking Signs" shall be placed by the applicant" and that having
police direct traffic was also in the Ordinance. Vice Mayor Jablin suggested traffic cones be used
initially, and Councilman Sabatello stated the City must enforce no parking in the swale. The Vice
Mayor recommended an audit be done of police costs to see if $22.00 an hour covered everything
including the vehicle costs, and that this audit be revisited on an annual basis at the beginning of
each year. Councilmember Clark suggested staff talk to Code Enforcement regarding a townhouse
development where people were parking in the swale.
RESOLUTIONS:
Resolution 29 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida,
Amending Resolution 55, 1998 to Allow for the Construction of Covered Parking for 66 Existing
Approved Parking Spaces in the Fairway Office Center Located within the PGA National Planned
Community District; and Providing for an Effective Date. Mr. Cramer announced staff supported
•
CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
January 18, 2001
The January 18, 2001 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; and opened with the Pledge of
Allegiance to the Flag.
ROLL CALL: The City Clerk called the roll and the following elected officials were found to be
in attendance: Mayor Joseph R. Russo, Vice Mayor Eric Jablin, Councilmember David Clark,
Councilmember Lauren Furtado, and Councilmember Carl Sabatello.
CITY MANAGER REPORT:
Growth Management Report - Mayor Russo announced City Engineer Dan Clark had taken his
daughter to the emergency room but expected to arrive later in the meeting to provide a report on the
Burns Road improvements.
Interim City Manager Ferns reviewed the objectives he had been given when hired on October 5,
2000 and his accomplishments regarding each objective; and submitted his resignation effective
February 2, 2001, advising that he had accepted a private sector permanent position. Mayor Russo
expressed thanks to Mr. Ferris for accomplishing an unbelievable task in bringing the City back to
a positive direction. Mayor Russo commented he was happy for Mr. Ferris in his new position.
Councilwoman Furtado personally thanked Mr. Ferris for his kindness and his great job for the City.
Vice Mayor Jablin echoed his thanks and appreciation.
COMMENTS FROM THE PUBLIC:
Rick Greene addressed Council about concerns he has about fill issues relative to the Catalina Lakes
project. Interim City Manager Ferris advised he would appoint a committee consisting of the City
Engineer, Growth Management Director, and City Attorney to meet with the development
community to make suggestions for that issue and they would start work next week.
Joan Elias, 1009 Diamond Head Way, expressed sorrow that Interim City Manager Ferris was
leaving and thanked him for all he had done for the City.
CONSENT AGENDA:
Councilman Clark moved approval of the Consent Agenda. Vice Mayor Jablin seconded the motion.
Motion carried by unanimous 5 -0 vote. Staff advised that Resolution 105, 2000 had been changed
to include the revised exhibits listed in Section 5 of the Resolution that were requested by the City
Council. The following items were approved on the Consent Agenda:
1. Consideration of approving Minutes from the December 12, 2000 Joint Special Meeting of
the City Council and the Planning and Zoning Commission.
2. Consideration of approving Minutes from the December 19, 2000 City Council Workshop
Meeting.
3. Consideration of approving Minutes from the December 21, 2000 Regular City Council
Meeting.
4. Resolution 8, 2001 - A Resolution of the City Council of the City of Palm Beach Gardens,
CITY COUNCIL REGULAR MEETING, 1/18/01 2
Florida, approving the Regional Center - Parcel 27.04 Plat, and providing for an Effective
Date.
5. Resolution 9, 2001 - A Resolution of the City Council of the City of Palm Beach Gardens,
Florida, Approving the BellSouth Building Expansion Plat, and providing for an Effective
Date.
6. Resolution 11, 2001 - A Resolution of the City Council of the City of Palm Beach Gardens,
Florida, Providing for an Amendment to the Site Plan, Including Approval of a Waiver from
Section 136 of the Land Development Regulations, to allow for a monument sign to be
located in an insufficient landscape area at Shoppes on the Green, Located at 7100 Fairway
Drive within the PGA National Planned Community Development; and providing for an
Effective Date.
7. Resolution 14, 2001 - A Resolution of the City Council of the City. of Palm Beach Gardens,
Florida, Authorizing the City to Enter into an Interlocal Agreement and to become a Member
of the Florida Intergovernmental Finance Commission; Authorizing the Execution and
Delivery of an Interlocal Agreement in Connection as Defined Therein; Authorizing Certain
Other Matters; Providing for Conflicts, Providing for Severability, and Providing for an
Effective Date.
8. Resolution 15, 2001 - A Resolution of the City Council of the City of Palm Beach Gardens,
Florida, Expressing the Council's Declaration of Intent to Reimburse Certain Original
Expenditures with Proceeds of Certain tax- exempt Obligations; Providing for Conflicts;
iProviding for Sevcrability; and Providing for an Effective Date.
9. Resolution 16, 2001 - A Resolution of the City Council of the City of Palm Beach Gardens,
Florida, Authorizing the Mayor and City Clerk to Execute an Agreement with Absolute
Irrigation Services; Providing for Conflicts; Providing for Severability; and Providing for an
Effective Date.
10. Resolution 105, 2000 - A Resolution of the City Council of the City of Palm Beach Gardens,
Florida, Providing for the Approval of a Site Plan for a Senior Assisted Living Facility (La
Posada) located within the Regional Center Development of Regional Impact (DRI)
Consisting of 301 Units, as more particularly Described herein; Providing for Six Waivers
to Allow the Addition of 209 Covered Parking Spaces, the Location of Covered Parking
Spaces within the Required 100 -Foot Setback, the Elimination of Two Sidewalks, a
Reduction in the 15 -foot Landscape Buffer, the Reduction in the Street Side Setback along
the Eastern Perimeter, and the Encroachment of Structures within the Lake Maintenance
Easement Tract; Providing for an Amendment to the Master Signage Program for the DRI
as Adopted in Resolution 64, 1998 to Modify the Design and Location of the Permitted Signs
and Add Two Directional and Two Directory Signs to the Master Signage Program;
Providing for Conditions of Approval.
RESOLUTIONS:
11. Resolution 21, 2001 A Resolution of the City Council of the City of Palm Beach Gardens,
Florida, appointing the Supervisor of Elections to the City's Canvassing Board and
authorizing the Supervisor of Elections to act on the City's behalf, Providing for Conflicts;
Providing for Severability; and Providing for an Effective Date. Vice Mayor Jablin made
a motion to approve Resolution 21, 2001. Councilman Clark seconded the motion, which
CITY COUNCIL REGULAR MEETING, 1/18/01 3
carried by unanimous 5 -0 vote.
PUBLIC HEARINGS:
Ordinance 32, 2000 - Mayor Russo declared the public hearing open, held on the intent of Ordinance
32, 2000 - An Ordinance of the City of Palm Beach Gardens, Florida, Providing for the Approval
of an Application from St. Mark's Church, Inc. for an Amendment and Expansion of a Planned Unit
Development by Approving the Construction of a 14,000 square -foot School Building, a 945 square -
foot Church Addition, and a Limited Time Extension for a Trailer on an 11 Acre Site, Located at the
Northeast and Northwest Corners of Burns Road and Gardens East Drive, as More Particularly
Described herein, Providing for Conditions of Approval; Providing for Waivers; Providing for
Severability; Providing for Conflicts; and Providing an Effective Date. Planner John Lindgren
reviewed the project and changes which had been made in accordance with City Council comments.
Attorney Ray Royce, agent for the petitioner, indicated the petitioner had agreed to all comments
by the City Council and suggested that the condition regarding police directing traffic should be
clarified to begin upon the opening of the new building. Hearing no comments from the public,
Mayor Russo declared the public hearing closed. Councilman Clark made a motion to approve
Ordinance 32, 2000 on Second Reading by title only. Vice Mayor Jablin seconded the motion,
which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 32, 2000 on Second Reading
by title only.
RESOLUTIONS:
Resolution 29, 2000 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida,
Amending Resolution 55, 1998 to Allow for the Construction of Covered Parking for 66 Existing
Approved Parking Spaces in the Fairway Office Center Located within the PGA National Planned
Community District; and Providing for an Effective Date. Planner John Lindgren reviewed the
project, including three waivers and one condition of approval. Architect Bill Tracy, representative
for the petitioner, indicated the request had been made in response to requests for covered parking
spaces from tenants. Councilman Sabatello expressed his opinion that with so much of the parking
being covered it should be within a hard structure rather than canvas tops. Mr. Tracy reported the
POA had expressed preference for the canvas tops, and the owner had requested a drawing of only
5% covered canvas top parking, which would be within the code. Consensus was the City Council
preferred a permanent structure and petitioner should decide on a specific request and return with
representatives of the POA.
Resolution 10, 2001 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida,
Providing for Approval of an Amendment to a Planned Unit Development Within the Regional
Center Planned Community Development Located at 3801 PGA Boulevard, Otherwise Known as
Gardens Corporate Center, to Provide for Additional Sign Locations; Providing Approval of Waivers
from Section 136 of the City's Land Development Regulations to Allow Additional Wall Signs and
Two Signs Located Beneath the Tenth Floor Parapet; Providing for Conflicts; Providing for
Severability; and Providing for an Effective Date. Mayor Russo stepped down due to conflict of
interest. Senior Planner Edward Tombari reviewed the petitioner's request. Councilmember Furtado
commented she had spoken to the attorney for the petitioner but it would not affect her vote.
Attorney John Gary provided a presentation on behalf of the petitioner. Hank Skokowski,
representing PGA Partners, developers of City Center, which had requested upper level building
identification signage that had been denied by the City Council, presented an objection and requested
CITY COUNCIL REGULAR MEETING, 1/18/01 4
the City Council consider the fairness of the current request. Mr. Skokowski indicated the Grand
Bank building was two separate buildings with only one sign on each facing PGA Boulevard while
this request included two signs facing PGA Boulevard, and indicated all five waiver requests were
for large building identification signs. Councilman Sabatello discussed the signage and stated he
supported the waivers on this petition based on the viewing of the signs and the angles of how they
were located on the building, and above the sixth floor because of the flyover, with which the other
Councilmembers agreed. A recommendation was made to designate a flyover zone within which
signage could be above the 4th floor without waivers. Councilman Clark made a motion to approve
Resolution 10, 2001. Councilwoman Furtado seconded the motion, which carried by unanimous 4 -0
vote.
Resolution 13, 2001 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida,
Providing for Approval of a Site Plan for the Construction of 51 Single - Family Units on 19.53 Acres
Within Parcels 15 and 16A in the BallenIsles Planned Community District; Providing for Conditions
of Approval and Waivers; Providing for Conflicts; Providing for Severability; and Providing for an
Effective Date. Senior Planner Edward Tombari reviewed the project. Ann Booth, Urban Design
Studio, spoke on behalf of the petitioner. Buffer D landscape maintenance and plant replacement
was discussed. John Tiffany with BallenIsles explained a buffer was approved by the City Council
in 1997 with exotics to stay in place until they died after which they must be replaced within 60 days
with similar plants that were native. Consensus was to remove condition 4 regarding buffer D so
petitioner would not have to install additional plantings but could proceed with the approved PCD
approval. The City Engineer discussed drainage concerns regarding the ability of being able to make
repairs within a 15 -foot easement. Councilman Clark made a motion to approve Resolution 13, 2001
with the following amendments: that Condition 4 in Section 2 be deleted and that Condition 6 be
modified to read that no trees or vertical construction shall be permitted within drainage easements,
thereby striking the reference to building overhangs. Vice Mayor Jablin seconded the motion.
During discussion of the motion, Councilwoman Furtado requested the City look at the buffering to
assure the small trees would survive before something happened to the large vegetation. Motion
carried 5 -0.
Resolution 19, 2001 - Planning and Zoning Commission Appointments. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida, providing for appointments of members and
alternate members to the Planning and Zoning Commission of the City; and Providing for an
Effective Date. Councilman Sabatello explained that Mr. Glidden, Mr. Kunkle, Mr. Channing, Mr.
Solomon, and Mr. Present were current members whose terms were requested to be extended; the
new appointments requested were for Mr. Volante, Mr. Ansay, Mr. Tarr, and Mr. Kendall.
Councilman Clark made a motion to approve Resolution 19, 2001 with the correction of the spelling
of John Glidden's last name. Councilwoman Furtado seconded the motion, which carried by
unanimous 5 -0 vote.
ITEMS FOR COUNCIL ACTION:
Burns Road Improvements - Capital Costs and Maintenance Costs - City Engineer Dan Clark
described proposed improvements to the East End of Burns Road and addressed the following items:
CITY COUNCIL REGULAR MEETING, 1/18/01 5
access to Tropical Sands Christian Church, Allamanda Drive traffic calming measures, buffering on
the north and south sides of Burns Road, and some improvements to the median in the vicinity of
Sandalwood to the hospital. Estimated costs were approximately $463,000 for the church
improvements, the traffic calming, the north buffer and some additional wall along the Oaks East
area, landscaping the wall on the south side, and the additional median, which City Engineer Clark
explained that the property acquisition costs could be offset with these additional capital costs.
Agreement had been reached with the affected parties to maintain their sections, so that the City
would have no long -term maintenance costs. Richard Beladino, President of Siena Oaks
Homeowners Association, indicated he had expressed concerns at the September 21, 2000 City
Council meeting regarding the impact the Burns Road widening would have on their neighborhood,
which had been resolved through subsequent meetings with Councilman Sabatello and City Engineer
Clark, and indicated that the affected neighborhoods would be very happy to see the proposed
improvements implemented. Harvey Stern, President of the Oaks East Homeowners Association,
indicated their association also supported the City Engineer's recommendations. The Finance
Director explained that costs would be paid from road impact fees and grant funding from FDOT.
City Engineer Clark discussed proposed improvements by FDOT for the bridges on Holly Drive and
Burns Road resulting from widening of I -95, as well as changes the City had requested from FDOT.
City Engineer Clark reported FDOT had indicated September 2001 as the date for beginning
construction of the flyover, that Burns Road west improvements should begin by May, 2001, and
Burns Road east improvements by July, 2001. I -95 widening was to start the first quarter of 2004.
The City Engineer was requested to contact FDOT to request buffering for the Tanglewood property
during the I -95 widening. Mayor Russo requested the City expedite the approval of the Legacy Place
Project in light of current economic forecasts. Councilman Sabatello indicated the petitioner needed
to address comments from the Planning and Zoning Board, and Interim Growth Management
Director Steve Cramer indicated the planning process would begin during the coming week.
Freedom Shrine Exhibit - Assistant to the City Manager Beth Ingold Love reported this was a request
from the Exchange Club of the Northern Palm Beaches and former Councilman Don Kiselewski had
planned a presentation but had not yet arrived. Councilwoman Furtado was in favor of the exhibit
and expressed disappointment that the Art Task Force had objected to placing it in the lobby. Dr.
Ingold Love reported the Art Task Force had no objection to placing the exhibit in the Council
Chambers. Consensus was that the City Council favored placing the exhibit within the Municipal
Complex but wanted to see what it looked like, wanted the Art Committee to see it and then decide
on placement.
ITEMS & REPORTS BY MAYOR AND COUNCIL:
Councilwoman Furtado announced the sign at the storage facility on Bums Road would be changed
to bronze letters on stucco finish. Councilwoman Furtado reported she had attended the MPO
meeting and advised that the report on the 4- quadrant gates was anticipated for the end of April, and
that the PGA Bridge would only open twice during 2 hours of morning rush hour traffic and only if
there were boats waiting. The height from the water to the bridge had been found to be incorrect and
the sign would be changed from 10' to 14', which would allow many more boats to go under the
bridge. The hours of 4 -7 p.m. had been designated for restricted bridge openings in the afternoon.
Councilwoman Furtado requested a letter of thanks be sent to FDOT for their cooperation.
Consensus was to support the MPO opposition to the bullet train issue. Councilwoman Furtado
CITY COUNCIL REGULAR MEETING, 1/18/01 6
requested landscaping for the Municipal Center be delayed because of the current drought, to which
the response was to have the City Forester provide a report on this issue. Councilwoman Furtado
reported there was a telephone or light pole in the middle of the sidewalk in front of NorthMil Plaza,
which staff was requested to address. Mayor Russo reported he, Vice Mayor Jablin, and Mayor Pro
Tern Sabatello had attended the DOT meeting at which a decision had been made to look at
relocating the turnpike exit south of Beeline Highway. Vice Mayor Jablin thanked Representative
Atwater for his help with the turnpike exit issue. Mayor Russo reported the Economic Development
group had met and expressed his enthusiasm for that effort. Mayor Russo reported Mr. Catalf uno
planned to meet with the County regarding resolution of an issue for which there had been a lawsuit.
Freedom Shrine Exhibit - Former Councilmember- Don - Kiselewski arrived and provided a
presentation on the efforts of the Exchange Club to promote Americanism and to make Americans
aware of their historical documents by displaying them in prominent places. Mr. Kiselewski
requested that the shrine placed in the Community Center in 1982 be removed from its current
location in the Riverside Center, and suggested the freedom shrine be placed outside the door to the
Council Chambers. Mr. Kiselewski described some of the documents and explained the documents
would be exhibited on 28 plaques. Consensus was to display the exhibit and that the Vice Mayor
would discuss placement with the Art Committee.
Mayor Russo reported Mr. Ferris had agreed to meet with the City Council as a facilitator after his
employment had been terminated.
ADJOURNMENT:
There being no further business to discuss, upon motion by Councilman Clark, seconded by Vice
Mayor Jablin, carried 5 -0, the meeting was adjourned at 9:40 p.m.
APPROVAL:
MAYOR JOSEPH R. RUSSO
VICE MAYOR ERIC JABLIN
CHAIRMAN PRO TEM CARL SABATELLO
COUNCILMAN DAVID CLARK
COUNCILWOMAN LAUREN FURTADO
CITY COUNCIL REGULAR MEETING, 1/18/01
ATTEST:
CAROL GOLD
CITY CLERK
•
Ll
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
%A \II 1 IR%1 ♦ %%11 MIIH111 %A�ti
vsso V 'D &JV\
ATE ON r'HI('H V01F (X'CURRFt)
I I 12 )t)'
COUNtY
`)L' %'A,
VAME Uh BOARO. CUIIN('11 . ('OMMM%10%. AU 111URIl Y. UR CUMMIIiEE
0 7 C,_. -3 1.C_ �_C.
1 Ht HOARU.,eOU VIII_ COMMISSION. AUl HORIII 0R COMMnTEE ON
WHICH VERVE IS A UNIT OF
C-nY O COUNTY O OTHER LOCAL AGENCY
VA r Po1.mC�k(. sueolv,ts/lloN:
MY POSMON Is:
ELEMVE O APPOI%TIVE
WHO MUST FILE FORM 88
This form is for use by any person serving at the county. city, or other local level of government on an appointed or elected board.
council. commission. authority. or committee. It applies equally to members of advisory and non - advisory bodies who are presented
with a voting conflict of interest under Section 11? 313. Florida Statutes.
Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason. please pay close attention to the'instructions on this form
before completing he re•erw side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
ELECTED OFFICERS:
A person holding elect i%c :punt}, municipal. or other local public office NILST ABSTAIN from %oting on a measure which inures
to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special
gain of a principal (other than a government agency) by whom he is retained.
In either case. you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN b% publicly stating to the as.embly the nature of your intereit in the measure on
which you are abstaining from Voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
the minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
A person holding appointive county. municipal, or other local public office MIST ABSTAIN from Voting on a measure which
inures to his special private gain. Each local officer also is prohibited from knowingly Voting on a measure which inures to the
special gain of a principal (other than a government agency) by whom he is retained.
A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest. but must
disclose the nature of the conflict before making any attempt to influence the decision by oral or Written communication, whether
made by the officer or at his direction.
iF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WILL BE TAKEN:
Obu should complete and file this Iorm (before making any attempt to influence the decision) with the person responsible for
recording the minutes of the meeting. who will incorporate the form in the minutes.
• A copy of the form should be provided immediately to the other members of the agency.
• The form should he read publicly at the meeting prior to consideration of the matter in which you have a cont�t.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You should disclose orally the nature of your conflict in the measure before participating.
• You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes
of the meeting, who should incorporate the form in the minutes.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
hereby disclose that on I L 19 1
(a) A measure came or will come before my agency which (check one)
X inured to my special private gain: or
inured to the special gain of . by whom I am retained.
(b) The measure before my agency and the nature of my interest in the measure is as follows:
f-j, 'L'0' Lo'
1O — Zoo
A-- G ""-a ---%.
C.0 -yo-r*v 1/,V_
Date Filed S" / tore
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 1112-317 (1985). A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION. REDUCTION IN
SALARY. REPRIMAND. OR A CIVIL PENALTY NOT TO EXCEED S5.000.
CE FORM " - 141
•
is
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: January 26, 2001
Meeting Date: February 15, 2001
Subject/Agenda Item: Purchase of mower for golf course.
Recommendation/Motion:- Approve- purchase of a greens mower for use at the golf
course, by "piggybacking" the G.S.A. contract #GS -06F- 0042K, with Kilpatrick Turf
in the amount of $15,947.00.
Reviewed by:
Originating Dept.: Parks
and Recreation
Costs: $15,947.00
Council Action:
Total
City Attorr �Y/
( l Approved
Finance), 1 I
$ 35,000
[ ] Approved Wrcondroo,5
Current FY
ACM
( ] Denied
Advertised:
Human Res.
Funding Source:
[ ] Continued to:
Attachments:
Other
Date:
[ X ] Operating
Paper:
[ ] Other
1. Memo from Parks and
[ X ] Not Required
Recreation Director
2. Copy of Contract
Submitted y: Sue
Miller,
Depa nt Director
Affected parties
Budget Acct #:: 09 -2540-
[ ] No '
572.6400
[ ] None
Approved
City M ag
( ] Not required
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Ron Ferris, Interim City Manager DATE: January 26, 2001
FROM: Sue Miller, Director, Parks and Recreation
SUBJECT: Purchase of Golf Equipment
BACKGROUND:
In the 2000/2001 fiscal year budget, $35,000 has been allocated for the purchase of various pieces
of turf care equipment.
DISCUSSION:
Staff would like to "piggyback" a Government Services Administration contract to purchase the
requested Turf Care Equipment. The contract, Government Services Administration, #GS -06F-
0042K, is to Kilpatrick Turf of Boynton Beach, Florida, and would be utilized to purchase a new
Tri-Plex Greens Mower, for $15,947.00.
RECOMMENDATION:
Staff recommends the City "piggyback" the GSA contract, #GS- 06F- 0042K, issued to Kilpatrick
Turf to purchase the Tri-Plex Greens Mower, in the amount of $15,947.00.
is
EKAEARILE KINLAW ASSOCIATES, INC.
0-2i6r)-A WEST PARK COURT *STONE MOUNTAIN, GA 30087 *770/49 &9316.7701498 -9318 FAX
GENERAL SERVICES ADMINISTRATION
FEDERAL SUPPLY SERVICE
AUTHORIZED FEDERAL SUPPLY SCHEDULE CATALOG AND /OR PRICE LIST
SCHEDULE TITLE:
FSC CLASS:
CONTRACT NO:
CONTRACTOR.
FSC Group 37, Part Ii, Section A, Lawn and Garden Equipment and Cattle Guards
3750
GS- 06F -0042K
EKA, Ina (Textron)
2166-A West Park Court.
Stone Mountain, GA 30087
CONTRACT PERIOD: 8/21/00- 8/20/05
BUSINESS SIZE: Small Dealer
.i
TELEPHONE: Phone (800) 831 -0509 (770) 498 -9316 - Fax (770) 498 -9318
EMAIL: eka@kinlaw.com
Monday -Friday 8 :00 a.m. -5:00. p.m. EST
POINT OF CONTACT: Cindy Kister /Amanda Letzgus
1a. AWARD SPECIAL ITEMS: 341-100,341-200,341-300,341-400 and 341 -700
1b. LOWEST PRICED MODEL NO. AND PRICE FOR THIS SIN: 341 -100 - #32037 - $689.00
341 -200 - #72350- $1245.00
341 -300 - #946706 - $8698.00
341 -400 - 9545854 - $163.00
341 -700 - $325307 - $8.00
2. MAXIMUM ORDER LIMITATION": $120,000 ,
*If the "best value" selection places your order over the Maximum Order, identified in this catalog/price
list, you have an opportunity to obtain a better schedule contract price. Before placing your order, contact the
aforementioned contractor for a better price. The contractor may (1) offer a new price for this requirement (2)
offer the lowest price available under this contract or*(3) decline the order. A delivery order that exceeds the
maximum order may be placed under the Schedule contract in accordance with FAR 8.404.
3.
4.
5.
MINIMUM ORDER: 1 Unit
GEOGRAPHIC COVERAGE:48 contiguous states
POINTS OF PRODUCTION: Same as contractor
BASIC DISCOUNT.
See GSA Net Price List
.7: QUANTITY DISCOUNT: 1% per $100,000 order
8. PROMPT PAYMENT TERMS: Net 30
�. GOVERNMENT PURCHASE CARD ACCEPTANCED. Yes
10. FOREIGN ITEMS: None
11. TIME OF DELIVERY AFTER RECEIPT OF ORDER (ARO): 30 Days ARO — Emergency: 48 hours
contingent upon stock availability.
EXPEDITED. Items available for expedited delivery are noted in this price list.
OVERNIGHT /2 -DAY DELIVERY: Agencies can contact contractor's representative
URGENT REQUIREMENTS: Clause I -FSS -140 -8 of the contract applies. Agencies can contact
cohtractors representative to possibly effect a faster delivery.
12. F.O.B. POINT: Destination
13. ORDERING ADDRESS: EKA, Ina
2166 -A West Park Court
Stone Mountain, GA 30087
14: PAYMENT ADDRESS: EM, Inc.
2166 -A West Park Court
Stone Mountain, GA 30087
15. WARRANTY PROVISION: Manufacturer's Standard Commercial Warranty.
106 -23. N%A
24. Year 2000 (Y2K) compliant
25. N/A
26. Duns No.: 07- 5949644 TIN: 58-132 -8598
27. Central Contractor Registered (CCR) y..
•
10
•
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date: January 24, 2001
Meeting Date: February 1, 2001
Subject/Agenda Item
Resolution Opposing the High Speed Rail Transportation System
Recommendation /Motion:
Approve Resolution 24, 2001
Reviewed by: Originating Dept.:
City Attorney Human Resources
Finance
ACM
Advertised:
Other
Submitted by: [ ] Not Required
Beth Ingold -Love
ti
Department Director Affected parties
Approved by: L.�- ] Notified
City I(anajjq,�_J Y Not required
we
Costs: $ NA
Council Action:
(Total)
[ ]Approved
$
[ ] Approved w/
Current FY
conditions
[ ] Denied
Funding Source:
[ ] Continued to:
[ 1 Operating Attachments:
[ ] Other
Budget Acct. #:
[ ] None
At the January 4, 2001 City Council meeting, Council indicated a desire to develop a resolution
opposing the high speed rail system linking Florida's five largest metropolitan areas.
Approximately 53% of Florida voters approved the high -speed rail amendment on November 7,
2000, making it part of the state constitution. According to the new law, construction must start by
November 2003. A DOT report estimated the cost of the high -speed rail at $5.6 billion to $11.2
billion, depending on what type of system is built — monorail, fixed guideway or magnetic levitation.
Another, more detailed report, conducted by the American Public Transit Association, placed the
cost at $8.2 billion to $21.9 billion.
The state legislature has been asked to put a new measure on the 2002 ballot to repeal the high -speed
amendment. Resolution 24, 2001 opposes the high speed rail system and supports the measure to
repeal the high -speed amendment. Staff will follow up with letters to all state representatives
following passage of Resolution 24, 2001.
•
is
•
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Ron Ferris, City Manager DATE: February 7, 2001
FROM: Beth Ingold -Love, Assistant to the City Manager 01i
SUBJECT: Resolution 24, 2001 High Speed Rail Transportation System
Resolution 24, 2001 was placed on the Consent Agenda- of the January 24, 2001 City
Council meeting. Council Members requested that the Resolution be brought back with
an emphasis on opposing the Bullet Train and opposing it on the basis of its
constitutionality.
Resolution 24, 2001 is resubmitted herein without changes, for the following reasons:
■ The Resolution is written to oppose the Bullet Train. Please see Section 1, which
states: "The City Council of the City of Palm Beach Gardens, Florida, hereby
strongly opposes the High -Speed Transportation System."
■ Regarding the second directive, to oppose the Bullet Train on the basis of its
constitutionality, the following is relevant. The Resolution cannot, at this time,
oppose the Bullet Train on the basis of its constitutionality since that premise is valid
only if taxes were to be the funding mechanism. Any amendment proposing new
taxes requires a two- thirds vote and the railroad received only 53 percent. Proponents
of the train have proposed that all funding will be private, thereby eliminating, at least
for the time being, opposition to the bullet train on the basis of its constitutionality.
At this time, the avenue available for opposition to the Bullet Train is to support a
ballot question repealing the amendment to the constitution.
If you need additional information, please let me know.
BIL:bil
0 RESOLUTION 24, 2001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, OPPOSING THE
HIGH SPEED RAIL TRANSPORTATION SYSTEM
APPROVED NOVEMBER 7, 2000 AS PART OF THE STATE
CONSTITUTION, MANDATING CONSTRUCTION OF THE
HIGH SPEED RAIL SYSTEM, AND SUPPORTING THE
LEGISTATIVE INITIATIVE TO REPEAL THE HIGH -SPEED
RAIL AMENDMENT; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the construction of a high speed rail transportation system was
placed on the ballot in the November 7, 2000 and was approved by 53 percent
of voters; and
WHEREAS, the passage of the referendum has made the construction of the
high speed rail transportation system part of the state constitution; and
WHEREAS, the approved amendment orders construction of a high speed
system to begin by November 1, 2003; and
WHEREAS, State senator Ron Klein has filed a bill to put the issue on the 2002
ballot, repealing the amendment to the state constitution.
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 strongly opposes the High -Speed Rail Transportation System.
SECTION 2. The City Council further opposes the high -speed rail going
through the City of Palm Beach Gardens, Florida.
SECTION 3. The City Council of the City of Palm Beach Gardens, Florida,
encourages the state legislature to support a ballot question repealing the high-
speed rail amendment to the state constitution.
SECTION 4. This Resolution shall be effective upon adoption.
INTRODUCED, PASSED AND ADOPTED THIS DAY OF
FEBRUARY 2001.
•
MAYOR JOSEPH R. RUSSO
ATTEST:
CAROL GOLD, MMC, CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY.
CITY ATTORNEY
VOTE: AYE NAY ABSENT
MAYOR RUSSO
VICE MAYOR JABLIN =
COUNCILWOMAN FURTADO
COUNCILMAN SABATELLO
COUNCILMAN CLARK _
L'
•
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: February 15, 2001
Date Prepared: February 1, 2001
Subject/Agenda Item: Resolution 25, 2001, approving the pooling of City road impact fees
for nine properties located in and adjacent to the Regional Center / Gardens Mall area.
Recommendation /Motion: Staff recommends approval of Resolution 25, 2001.
Reviewed by:
Originating Dept.:
Costs: $ NIA
Council Action:
Total
City Attorney
Planning Division
[ ] Approved
b
Finance
$ NIA
[ ] Approved wlcunduims
Other
Current FY
[ ] Denied
Funding Source:
[ ] Continued to:
Advertised:
Date:
[ ] Operating
Attachments:
Paper:
[ ]Other
1. Resolution 25, 2001
2. Letter from
Catalfumo
Construction and
Development dated
1 -2 -01
3. City Code
Subsection
57(b)(1)c adopted
by Ordinance 31,
Not Required
2000
u ed by:
Growth Mgt. Director
Affected parties
[ ] Notified
Budget Acct. #:
[ ] None
Ages r d by:
;Ciiity
Manager
Not required
BACKGROUND:
Catalf imo Construction and Development Inc. has submitted a letter dated January 2, 2001
(copy attached), requesting City Council approval to pool City road impact fees for nine parcels
_ s
of land located in and adjacent to the Regional Center / Gardens Mall area. A list of these
properties is provided in the attached copy of proposed Resolution 25, 2001. The locations of
the properties are depicted in the attached map provided by the applicant.
The applicant is making this request because the road impact credits associated with the
development of a property may exceed the road impact fees associated with that property.
Therefore, the applicant would like the ability to use the road impact fee credits from that
property to help fund the road impact fees for another property in the same general area. These
impact fees credits will be used to help fund new roadways that are required by the City Center
Linkage Plan.
Subsection 57(b)(1)c of the recent amendments to the City regulations pertaining to impact fees
allows the pooling of City road impact fees if approved by the City Council. A copy of that
subsection is attached.
The amounts of the City road impact fees and the roadway construction costs are not known at
this time. The amount of the road impact fees will not be known until the City approves
development plans for these nine properties.
STAFF RECOMMENDATION:
0 Staff recommends approval of Resolution 25, 2001.
G: \sc \catalfumoroadfees
is
•
CITY OF PALM BEACH GARDENS, FLORIDA
RESOLUTION NO. 25, 2001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA, PROVIDING
FOR THE POOLING OF CITY OF PALM BEACH
GARDENS TRAFFIC IMPACT FEES FOR CERTAIN
REAL PROPERTIES DESCRIBED HEREIN; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 166.201, Florida Statutes, provides the City Council with the
authority to collect fees necessary to conduct municipal government; and
WHEREAS, the City Council has adopted Ordinance 31, 2000, requiring the
0 payment of road impact fees for all new development or redevelopment within the City;
and
WHEREAS, Section 57 (b) (1) c of the City's Land Development Regulations, as
amended by Ordinance 31, 2000, entitled "Exemptions and credits," allows the City
Council to approve the pooling of traffic impact fees when the cost of the improvements or
land dedications exceeds the amount of impact fees due; and
WHEREAS, Catalfumo Construction and Development, Inc. has submitted a letter
received by the City on January 3, 2001, requesting the pooling of traffic impact fees for
certain properties described herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF PALM BEACH GARDENS, FLORIDA, AS FOLLOWS:
1
•
•
•
Section 1. Pursuant to subsection 57 (b) (1) c of the City of Palm Beach
Gardens Land Development Regulations and in the event the cost of road
improvements and/or land dedications exceed the total amount of impact fees due,
the City Council hereby approves the pooling of City of Palm Beach Gardens
traffic impact fees for the real properties described below:
1. Parcel 28.01, located at the southeast corner of PGA Boulevard and
Alternate Al A.
2. Parcel 5A, located at the northwest comer of PGA Boulevard and
Alternate AIA.
3. Parcel 5B, located at the southwest corner of PGA Boulevard and
Alternate Al A.
4. Parcel 27.03, located at the northwest corner of PGA Boulevard and
Kew Gardens Avenue.
5. Parcel 27.04, located at the northeast corner of PGA Boulevard and
Kew Gardens Avenue.
6. Parcel 27.05, located on the north side of PGA Boulevard between
Kew Gardens Drive and Prosperity Farms Road.
7. Parcel 27.06, located on the north side of PGA Boulevard between
Kew Gardens Drive and Prosperity Farms Road.
8. Parcel 27.10B, located on the north side of PGA Boulevard between
Fairchild Gardens Avenue and Lake Victoria Gardens Avenue.
PA
9. Parcel 27.12, which is bounded by Gardens Parkway to the north,
Fairchild Gardens Avenue to the east, Kyoto Gardens Drive to the
south and Alternate A I A to the west.
Section 2. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS DAY OF 2001.
(City Seal)
MAYOR JOSEPH R. RUSSO
ATTEST:
APPROVED AS TO LEGAL
FORM AND SUFICIENCY:
CAROL GOLD, MMC
LEONARD RUBIN
CITY CLERK
CITY ATTORNEY
VOTE:
AYE NAY ABSENT
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILPERSON CLARK
COUNCILPERSON FURTADO
COUNCILPERSON SABATELLO
January 31, 2001
G: SC Resolution No 25, 2001
•
3
l..
•
(1) Improvements.
a. All improvements to and/or land dedications for police protection, fire
protection and EMS, or parks and recreation facilities, and all collector
road improvements identified in the City's Thoroughfare Plan or City
'Center Linkages .Plan, required under city development approval shall be
credited against impact fees up to the total of the impact fees due. A
feepayer proposing credit for land dedication shall present property
appraisals prepared by qualified professionals and a certified copy of the
most recent assessment of the property for tax purposes to be used in
determining the amount of the credit. However, the city retains the right
to determine the amount to be credited by preparing engineering and
construction cost estimates and/or property appraisals for those
improvements and/or land dedications.
b. Feepayers claiming credits for construction and/or land dedication shall
submit documentation sufficient to permit the growth management
director to determine whether such credits are due and, if so, the amount
of such credits.
c. In the event the cost of the improvements and/or land dedications exceed
the total amount of impact fees due, the City Council may, on a case by
case basis and in the exercise of its discretion, allow the feepayer
constructing such improvements and/or making such land dedications to
pool impact fees for multiple developments or enter into funding
agreements with other feepayers whose developments contribute to the
need for such capital improvements.
(2) Alteration, expansion or replacement.. Where alteration, expansion or
replacement of a building or unit, or a change in land use existing on September
23, 1993, or presently existing which involves an increase in the number of units
or square footage or a change in use resulting in new impacts on collector road,
police, fire and EMS, or parks and recreation capital facilities for which the
impact fee is assessed, credit shall be allowed as provided herein. Credit shall be
given for the number of existing units or square feet based upon the existing or
previous land use, and impact fees shall only be assessed on the increased level of
impact resulting from such alteration, expansion, or replacement.
SECTION 7. The City Clerk is hereby directed to ensure that the contents of this
Ordinance be codified as part of the City's Land Development Regulations as set forth in the
Code of Ordinances.
. Ordinance 31, 2000
Page 7
Quality from the ground up. - --
*Construction and Development, Inc
VIA FAX AND U.S. MAIL
January 2, 2001
Mr. Steve Cramer
Growth Management Director
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Re: Traffic Impact Fees
Dear Steve: .
CONSTRUcnDN • DEVELOPMENT - MANAGEMENT
This letter will serve as our request in accordance with the recently passed
Ordinance 31, 2000 (LDR's Section 57(b)(1)c.) to request the City Council
approve the pooling of our impact fees for those parcels known as 28.01 (aka
Legacy Place), 5A (northwest corner of PGA Blvd. and Alt. A1A), 5B (southwest
corner of PGA Blvd. and Alt. A1A) and the mall properties (located at the
Regional Center). As you are aware, these various properties entail extensive
linkage road construction as reflected in Resolution 93, 2000.
Please place this request on the next available (January 18, 2001) City Council
meeting for action. As usual, should you have any questions, or require
additional information, don't hesitate to contact our offices.
V in
4 rely,r n
enneth A. Blair
Executive Government Liaison
Cc: DSC Qtv of P.M
JEJ JAN 3 2001
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K1,114
•
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: February 15, 2001
Date Prepared: February 2, 2001
Subject/Agenda Item: Resolution 26, 2001, authorizing the Mayor and City Clerk to
execute an interlocal agreement with Palm Beach County in order to allow the City to be
reimbursed for funding the preparation of construction plans for streetscape improvements
to Northlake Boulevard between Military Trail and U.S. Highway One.
Recommendation /Motion: Staff recommends approval of Resolution 26, 2001.
Reviewed by:
Originating Dept.:
Costs: $ NIA
Total
Council Action:
City Attorney_&1�0
Planning Division
[ ] Approved
Finance
$ N/A
[ ]Approved w/ conditions
Other
Current FY
[ ] Denied
Funding Source:
[ ] Continued to:
Advertised:
Date:
[ ] Operating
Attachments:
Paper:
( ] Other
1. Resolution 26, 2001,
Not Required
with agreement.
Growth Mgt. Director
Affected parties
[ ]Notified
Budget Acct. #:
[ ]None
Approyed by�����
City Manager
[ ] Not required
BACKGROUND:
The Northlake Boulevard Task Force has requested that the City of Palm Beach Gardens act as its
agent and fund the preparation of construction plans for streetscape improvements to Northlake
Boulevard between Military Trail and U.S. Highway One. The construction plans are to be prepared
by Michael Redd and Associates at an estimated cost of $312,000, and are to take no longer than 12
months to complete.
The task force consists of Palm Beach County, Palm Beach Gardens, Lake Park and North Palm
Beach. It has been given the responsibility of enhancing the appearance of Northlake Boulevard
between Military Trail and U.S. Highway One. In addition to the proposed construction plans, the
task force has prepared a conceptual streetscape plan and is also preparing new zoning regulations
for Northlake Boulevard.
County Commissioner Karen Marcus, District One, has offered to use discretionary funds allocated
to her by Palm Beach County to fund the preparation of the construction plans. She has also
requested that the Northlake Boulevard Corridor Task Force publish a Request for Proposals (RFP)
to hire a consultant to prepare these plans. The reason for this request was that the RFP process used
by the County takes a long time to complete. The RFP has been published and the consulting firm
of Michael Redd and Associates (MRA) has selected to prepare the construction plans. A separate
agreement with MRA is being executed for the task force.
The City will not have to expend the total estimated cost of $312,000 at one time. The proposed
interlocal agreement will allow the City to pay each invoice from the consultant, and then submit
a copy of the paid invoice to Palm Beach County for reimbursement. The interlocal agreement will
require that the County reimburse the City within 30 days of receiving a copy of the paid invoice
from the City.
STAFF RECOMMENDATION:
Staff recommends approval f
pp o Resolution 28, 2001.
G: \sc\nitfreimburseagree
•
February 5, 2001
RESOUTION 26, 2001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A FINANCIAL
ASSISTANCE AGREEMENT WITH PALM BRACH COUNTY IN
ORDER TO ALLOW THE CITY TO BE REIMBURSED FOR
FUNDING THE PREPARATION OF CONSTRUCTION PLANS
FOR STREETSCAPE IMPROVEMENTS TO NORTHLAKE
BOULEVARD BETWEEN_ MILITARY TRAIL AND U.S.
HIGHWAY ONE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens has agreed to administer an
agreement for the preparation of construction plans for streetscape improvements to
Northlake Boulevard on behalf of the Northlake Boulevard Corridor Task Force; and
WHEREAS, Palm Beach County has agreed to reimburse the City for all
expenditures made by the City on behalf of the Task Force.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PALM BEACH GARDENS, FLORIDA, AS FOLLOWS:
Section 1. The City ouncil the
y of City of Palm Beach Gardens does hereby
approve the attached Financial Assistance Agreement with Palm Beach County. The
purpose of the agreement is to reimburse the City for funding an agreement with Michael
Redd and Associates, on behalf of the Northlake Boulevard Corridor Task Force, for the
preparation of construction drawings for streetscape improvements to Northlake
Boulevard. The total cost indicated in the agreement is $312,585. This amount is to be
fully reimbursed by Palm Beach County using discretionary funds allocated to the
Honorable Karen T. Marcus, District One.
Section 2. The City Council does hereby authorize and direct the Mayor and
City Clerk to execute the attached Financial Assistance Agreement for and on behalf of
the City of Palm Beach Gardens.
Section 3. This resolution shall become effective upon adoption.
•
PASSED AND ADOPTED THIS DAY OF
ATTEST:
CAROL GOLD, MMC
CITY CLERK
VOTE: AYE
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILPERSON CLARK
COUNCILPERSON FURTADO
COUNCILPERSON SABATELLO
G:\sc\res\nitffundagree
Resolution 26, 2001 2
February 5, 2001
2001.
MAYOR JOSEPH R. RUSSO
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY:
LEONARD ,RUBIN
CITY ATTORNEY
NAY
ABSENT
•
FINANCIAL ASSISTANCE AGREEMENT FOR CITY OF PALM BEACH GARDENS
(NORTHLAKE BOULEVARD TASK FORCE)
(MILITARY TRAIL TO U.S. Highway 1) BEAUTIFICATION
THIS INTERLOCAL AGREEMENT is made and entered into this day of
,20 , by and between the CITY OF PALM BEACH GARDENS, a municipal
corporation of the State of Florida, hereinafter "CITY ", and PALM BEACH COUNTY, a political
subdivision of the State of Florida, hereinafter "COUNTY ".
WITNESSETH:
WHEREAS, the CITY is undertaking, in conjunction with the Northlake Boulevard Task
Force created by Interlocal Agreement dated September 2 1997 the preparation of landscaping
plans and specifications, including irrigation, and associated engineering design and specifications
for necessary related construction, on and adjacent to Northlake Boulevard from Military Trail to
U.S. Highway 1 hereinafter, "DESIGN'; and
WHEREAS, the COUNTY believes that such efforts serve a public purpose in preparing for
the enhancement of the appearance of this thoroughfare and therefore wishes to support that effort
by providing a reimbursement contribution in an amount not to exceed Three hundred and twelve
thousand, five hundred and eighty-five Dollars and 50/100($312,585.50) to the CITY for the
preparation of the DESIGN; and
WHEREAS, the CITY and COUNTY now wish to enter into an agreement to provide for
0 Page 1 of 8
a
•
the COUNTY's reimbursement contribution toward the funding of the DESIGN; and
NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements
herein contained, the parties agree as follows:
1. The above recitals are true, correct, and are incorporated herein.
2. The COUNTY agrees to reimburse the CITY an amount not to exceed Three hundred
and twelve thousand, five hundred and eighty -five Dollars and 50/100($312,585.50) toward the
preparation of the DESIGN .
3. The COUNTY agrees to reimburse the CITY up to the amount established in
paragraph 2. for costs associated with preparation of the DESIGN, within 30 days of the CITY's
submission and COUNTY's acceptance of documentation needed to substantiate their costs for the
18 DESIGN.
4. The COUNTY shall have no obligation to the CITY or any other entity or person in
excess of the amount provided in paragraph 2.
5. The CITY agrees to assume all responsibility for the contract and contract
administration for the preparation of the DESIGN [including payment(s) to design consultant(s)],
pursuant to all applicable governmental laws and regulations, and further agrees to require the design
consultant(s) to comply with the COUNTY's "Streetscape Standards" manual all FDOT standards
and all applicable governmental landscaping codes and permitting requirements in the preparation
of the DESIGN. The final DESIGN, which will be subject to the COUNTY's review, input and
approval, must be prepared by and signed and sealed by a Florida Registered Landscape Architect
0 Page 2 of 8
•
experienced in roadway planting and familiar with the COUNTY's "Streetscape Standards" Manual,
and as appropriate, the construction- related portions of the design drawings must be prepared and
signed and sealed by a Florida Registered Professional Engineer.
6. The CITY will require that the DESIGN provides that the minimum requirement for
any proposed plant stock to be used in the DESIGN and cost estimates is to be Florida Grade No.
1, as defined by Florida Department of Consumer Services Grades and Standards for Nursery Plants
(most current edition).
7. The CITY shall furnish the Assistant County Engineer of the COUNTY's Department
of Engineering and Public Works with a request for payment supported by the following:
a. Complete signed and sealed plans for the DESIGN with applicable portions
prepared, signed and sealed by a Florida Registered Landscape Architect and/or a
Florida Registered Profession Engineer, as appropriate and;
b. Paid invoices, checks and such other documentation which is acceptable in
form and detail to the COUNTY to provide for verification that the services and/or
materials have been performed and received by the CITY.
8. As it relates to this Agreement, the COUNTY may initiate a financial system analysis
and/or an internal fiscal control evaluation of the CITY by an independent auditing firm employed
by the COUNTY or by the County Internal Audit Department at any time the COUNTY deems
necessary.
9. The final DESIGN shall be completed by May 2, 2002 , and final invoices submitted to
the COUNTY no later than 90 days from receipt of the final DESIGN plans, and the COUNTY shall
• Page 3 of 8
•
have no obligation to the CITY or any other entity or person for any cost incurred thereafter.
10. The CITY recognizes that it is an independent contractor, and not an agent or servant
of the COUNTY or its Board of County Commissioners. In the event a claim or lawsuit is brought
against the COUNTY, its officers, employees, servants or agents relating to the DESIGN or any item
which is the responsibility of the CITY, the CITY hereby agrees, to the extent permitted by law, to
indemnify, save and hold harmless the COUNTY, its officers, employees, servants or agents and to
defend said persons from any such claims, liabilities, causes of action and judgments of any type
whatsoever arising out of or relating to the existence of the DESIGN or the performance by the
CITY as may relate to this Agreement. The CITY agrees to pay all costs, attorney's fees and
expenses incurred by the COUNTY, its officers, employees, servants or agents in connection with
such claims, liabilities or suits except as may be incurred due to the negligence of the COUNTY.
Furthermore, the CITY stipulates that the extent of the COUNTY's liability pursuant to this
Agreement shall be limited solely to its aforementioned payment obligation.
11. The CITY shall, at all times during the term of this Agreement maintain in force its
status as an insured municipal corporation.
12. The CITY shall require each design consultant engaged by the CITY for, work
associated with this Agreement to maintain:
a. Workers' Compensation coverage in accordance with Florida Statutes, and;
b. Commercial General Liability coverage, including vehicle coverage, in
combined single limits of not less than ONE MILLION AND 00 /100 DOLLARS
($1,000,000.00). The COUNTY shall be included in the coverage as an additional
insured.
9 Page 4 of 8
•
I � ],
13. In the event of termination of this Agreement, the CITY shall not be relieved of
liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of the
contract by the CITY, and the COUNTY may withhold any payment to the CITY for the purpose
of set -off until such time as the exact amount of damages due the COUNTY is determined.
14. The CITY agrees to maintain records for three (3) years.
15. The COUNTY and the CITY agree that no person shall, on the grounds of race, color,
gender, national origin, ancestry, marital status, sexual orientation, disability, religion or creed, or
age be discriminated against in performance of the Agreement.
16. In the event that any section, paragraph, sentence, clause, or provision hereof is held
invalid by a -court of competent jurisdiction, such holding shall not affect the remaining portions of
this Agreement and the same shall remain in full force and effect.
17. All notices required to be given under this Agreement shall be in writing, and deemed
sufficient to each party when sent by United States Mail, postage prepaid, to the following:
AS TO THE COUNTY
Assistant County Engineer
Palm Beach County Department of
Engineering and Public Works
Post Office Box 21229
West Palm Beach, Florida 33416 -1229
0 Page 5 of 8
•
AS TO THE CITY
City Manager
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
18. This Agreement shall be construed and governed by the laws of the State of Florida.
Any and all legal action necessary to enforce this Agreement shall be held in Palm Beach County.
No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and
each and every other remedy shall be cumulative and shall be in addition to every other remedy
given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single
or partial exercise by any party of any right, power, or remedy shall preclude any other or further
exercise thereof.
19. Any costs or expenses (including reasonable attorney's fees) associated with the
enforcement of the terms and conditions of this Agreement shall be borne by the respective parties;
provided, however, that this clause pertains only to the parties to the Agreement.
20. Except as expressly permitted herein to the contrary, no modification, amendment,
or alteration in the terms or conditions contained herein shall be effective unless contained in a
written document executed with the same formality and equality of dignity herewith.
21. The parties to this Agreement shall not be deemed to assume any liability for the
negligent or wrongful acts, or omissions of the other party. Nothing contained herein shall be
construed as a waiver, by either party, of the liability limits established in Section 768.28, Florida
Statutes.
0 Page 6 of 8
22. The parties expressly covenant and agree that in the event either party is in default
of its obligations under this Agreement, the party not in default shall provide to the defaulting party
thirty (30) days written notice before exercising any of its rights.
23. The preparation of this Agreement has been a joint effort of the parties, and the
resulting document shall not, solely as a matter of judicial constraint, be construed more severely
against one of the parties than the other.
24. This Agreement represents the entire understanding between the parties, and
supersedes all other negotiations, representations, or agreements, either written or oral, relating to
this Agreement.
25. A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for
Palm Beach County, Florida.
26. This Agreement shall take effect upon execution by the last party and the effective
date shall be the date of execution.
27. This Agreement shall terminate on December 31, 2002 unless all provisions have
been completed before in which case it shall terminate upon completion of all terms.
28. The CITY will promptly notify the COUNTY of lawsuits, related complaints, claims,
suits, or causes of action, threatened or commenced against it which arises out of or relates, in any
manner to the performance of this Agreement.
0 Page 7 of 8
•
IN WITNESS WHEREOF, the parties have executed this Agreement and it is effective on
the date first above written.
(CITY SEAL)
ATTEST:
By:
CITY CLERK
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By:
CITY ATTORNEY
ATTEST:
DOROTHY H. WILKEN, CLERK
By:
DEPUTY CLERK
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By:
COUNTY ATTORNEY
CAWINDOWS \TEMP \NORTHLKE. WPD
•
CITY OF PALM BEACH GARDENS
CITY PALM BEACH GARDENS,
BY ITS CITY COUNCIL
By:
MAYOR
PALM BEACH COUNTY
PALM BEACH COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
By:
CHAIR
Page 8 of 8
•
•
•
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: February 15, 2001.
Date Prepared: February 1, 2001
Subject/Agenda Item: Resolution 27, 2001, declaring "zoning in progress" for real
properties in the City of Palm Beach Gardens that abut Northlake Boulevard between
Military Trail and Old Dixie Highway.
Recommendation /Motion: Staff recommends approval of Resolution 27, 2001.
Reviewed by:
City Attorney
Finance
Other
Originating Dept.:
Planning Division
Advertised:
Date:
Paper:
X ] Not Required
e.
h Mgt. Director Affected parties
ro. m4il; `� A ,
Manager iv J \ I [ ]Notified
[ X ] Not required
BACKGROUND:
Costs: $ N/A
Council Action:
Total
[ ] Approved
$ N/A
[ ] Approved w/ conditions
Current FY
[ ] Denied
Funding Source:
[ ] Continued to:
[ ] Operating
Attachments:
[ ] Other
1. Resolution 27, 2001
Budget Acct. #:
[ ] None
The Northlake Boulevard Corridor Task Force, consisting of Palm Beach Gardens, North Palm
Beach, Lake Park and Palm Beach County, has engaged Michael Redd and Associates (MRA) to
prepare zoning regulations to guide future development along Northlake Boulevard. These new
zoning regulations are to apply to properties that abut Northlake Boulevard between Military
Trail to the west and U.S. Highway One to the east, which is a distance of 3.3 miles. The new
regulations address land uses, architectural guidelines, landscaping, signage and development
standards. A first draft of these regulations, dated January 2001, has been prepared and is being
reviewed by the task force.
The new zoning regulations are to be adopted by all four local governments that belong to the
task force. The goal of the new regulations is to coordinate the permitted uses and the
development standards adopted by each local government in order to enhance the overall
appearance and develop a sense of place along the Northlake Boulevard corridor. These
regulations are in conjunction with a streetscape plan that has been adopted by the task force.
Construction plans for the proposed streetscape improvements are also to be prepared by MRA
The task force has recommended that each local government belonging to the task force adopt
"zoning in progress" so that new development and redevelopment will need to follow the
proposed zoning regulations. It is also recommended that zoning in progress be adopted for nine
months, with a possible three -month time extension. This is the amount of time that is
anticipated before the new regulations are completed and adopted by all four local- governments.
The proposed resolution requires that notification of the zoning in progress through the City
newsletter and by the City Building Division.
STAFF RECOMMENDATION
Staff recommends approval of Resolution 27, 2001.
0 g: \sc\nitfreszoninginprogress
C
•
RESOLUTION NO. 273 2001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, ADOPTING "ZONING IN PROGRESS"
FOR REAL PROPERTIES WITHIN THE CITY THAT ABUT
NORTHLAI E BOULEVARD BETWEEN MILITARY TRAIL TO THE
WEST AND OLD DIXIE HIGHWAY TO THE EAST; PROVIDING FOR A
NINE (9) MONTH TIME OF DURATION FOR ZONING IN PROGRESS
AND A THREE (3) MONTH EXTENSION, IF NEEDED; PROVIDING
NOTIFICATION TO THE PUBLIC; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Town of Lake Park, Village of North Palm Beach, City of Palm
Beach Gardens and Palm Beach County entered into an Interlocal Agreement in 1997 to
form the Northlake Boulevard Task Force; and
0 WHEREAS, the Task Force was formed in order to enhance development and
•
beautification for those portions of Northlake Boulevard within the jurisdiction of the
members of the Task Force and to create new zoning district regulations therefor; and
WHEREAS, the new zoning district regulations will involve and provide for
permitted uses, setbacks and other matters, and upon approval by the Task Force, will be
forwarded to the respective members of the Task Force for approval and adoption by
ordinance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
PALM BEACH GARDENS, FLORIDA, AS FOLLOWS:
1
•
Section 1. Applicability.
This Resolution shall apply to real properties located within the City of Palm
Beach Gardens that abut Northlake Boulevard between Military Trail to the west and Old
Dixie Highway to the east.
Section 2. Time of Duration.
The time of duration for "zoning in progress" shall be nine (9) months,
commencing March 1, 2001, and may be extended thereafter for an additional period of
three (3) months.
Section 3. Notification to Property Owners and Public.
Notification to property owners and the public shall be disseminated as follows:
A. The City Clerk shall post a copy of this Resolution at City Hall and furnish
a copy of the Resolution to the City Planning and Zoning Commission.
B. The City Manager shall place in the next available newsletter notification
of the "zoning in progress" and the areas affected.
C. The Building Official of the City shall notify all persons applying for
building permits or other permits relative to land and buildings within the
affected area that there is "zoning in progress" for the subject property and
the period of duration.
D. The City Planning and Zoning staff shall notify all persons applying for
development orders relative to land within the affected area that there is
"zoning in progress" for the subject property and the period of duration.
2
Section 4. Effective date.
This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS
DAY OF 2001.
(City Seal)
MAYOR JOSEPH R. RUSSO
ATTEST:
APPROVED AS TO LEGAL
FORM AND SUFICIENCY:
CAROL GOLD, MMC
LEONARD RUBIN
CITY CLERK
CITY ATTORNEY
VOTE:
AYE NAY ABSENT
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILPERSON CLARK
COUNCILPERSON FURTADO
COUNCILPERSON SABATELLO
January 24, 2001
0 G: SC Resolution Northlake Boulevard Task Force
3
S CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
•
ell,
Meeting Date: February 15, 2001
Date Prepared: February 2, 2001
Subject/Agenda Item: Resolution 28, 2001, authorizing the Mayor and City Clerk to
execute an assignment agreement with Village of North Palm Beach regarding the City
acting as the agent for the Northlake Boulevard Corridor Task Force by funding and
administering a contract with Michael Redd and Associates, P.A., to prepare construction
plans for streetscape improvements to Northlake Boulevard between Military Trail and U.S.
Highway One
Recommendation /Motion: Staff recommends approval of Resolution 28, 2001.
Reviewed by:
Originating Dept.:
Costs: $ 312,000
Council Action:
Total
City Attor y
Planning Division
[ ] Approved
Finance
$ 312,000
[ ] Approved w /conditions
Other
Current FY
[ ] Denied
Funding Source:
[ ] Continued to:
Advertised:
Date:
[ X ] Operating
Attachments:
Paper.
[ ] Other
1. Resolution 28, 2001,
with agreement
2. Letter dated
January 29, 2001,
from North Palm
Beach.
3. North Palm Beach
( X ] Not Required
Resolution16 -2001
i d by:
rowth Mgt Director
Affected parties
[ ]Notified
Budget Acct. #:
001 - 1420 - 515 -3150
[ ] None
Approved b
City Ma g
X l Not required
BACKGRO Z :
0 The Northlake Boulevard Corridor Task Force consists of four local governments — the City of
Palm Beach Gardens, Village of North Palm Beach, Town of Lake Park and Palm Beach County.
The task force has been given the responsibility of enhancing the appearance of Northlake
Boulevard between Military Trail and U.S. Highway One. The chairmanship and administrative
duties of the task force are rotated on an annual calendar basis.
To date, the task force has prepared a conceptual streetscape plan, is .preparing new zoning
regulations for properties along Northlake Boulevard, and will soon begin preparing construction
plans to implement the streetscape plan. These construction plans are needed to apply for
various grants.
Administering consultant contracts has also been rotated among the participating municipalities.
The Town of Lake Park has administered the contract for the preparation of the streetscape plan.
The Village of North Palm Beach is administering the contract for the preparation of new zoning
regulations for Northlake Boulevard. The City of Palm Beach Gardens is now being asked to
administer the contract for the preparation of the construction plans for streetscape
improvements.
County Commissioner Karen Marcus, District One, has offered to use discretionary funds
allocated to her by Palm Beach County to fund the preparation of the construction plans. She has
also requested that the task force publish a request for proposals (RFP) to hire a consultant to
prepare these plans. The basis for this request was the RFP process used by the County took a
long time to complete. The Village of North Palm Beach issued an RFP for this project in 1999
when it was their year to chair the task force and handle the administrative duties. However, the
consultant was not selected until the year 2000 and a contract with the consultant is dust now
being finalized. The City of Palm Beach Gardens chaired the task force in the year 2000 and
handled the administrative duties. Therefore, the City is being asked to fund the preparation of
the construction plans and then be reimbursed by Palm Beach County in accordance with a
proposed interlocal agreement, which will require separate City Council approval. A similar
reimbursement agreement has recently been done between Palm Beach County and Juno Beach.
The City will not have to expend the total estimated cost of $312,000 at one time. The proposed
interlocal agreement will allow the City to pay each invoice submitted by the consultant, and
then submit a copy of the paid invoice to the County for reimbursement.
The City was legally unable to execute a contract with the consultant — Michael Redd and
Associates, P.A. - because the RFP had not followed the City's bidding regulations. Therefore,
the Village of North Palm Beach has approved the contract and has executed the attached
assignment agreement to assign the contract to the City of Palm Beach Gardens.
STAFF RECOMMENDATION:
Staff recommends approval of Resolution 28, 2001, accepting the assignment of the contract
with Michael Redd and Associates from the Village of North Palm Beach.
9 RESOLUTION NO. 28, 2001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, AUTHORIZING AND
DIRECTING THE MAYOR AND CITY CLERK TO ENTER INTO
AGREEMENT ENTITLED "ASSIGNMENT" WITH THE
VILLAGE OF NORTH PALM BEACH, AS ATTACHED IN
EXHIBIT "A," WHICH ASSIGNMENT AUTHORIZES THE CITY
TO ACCEPT RESPONSIBILITY AS AGENT FOR THE
NORTHLAKE BOULEVARD CORRIDOR TASK FORCE FOR
FUNDING AND ADMINISTERING AN AGREEMENT WITH
MICHAEL REDD AND ASSOCIATES, P.A., FOR THE
PREPARATION OF CONSTRUCTION DRAWINGS FOR
STREETSCAPE IMPROVEMENTS TO NORTHLAKE
BOULEVARD; AND PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT REOLVED BY THE CITY COUNCIL OF
PALM BEACH GARDENS, FLORIDA, AS FOLLOWS:
Section 1. The City Council of the City of Palm Beach Gardens, Florida, does
hereby approve the agreement entitled "Assignment" with The Village of North Palm
Beach attached as Exhibit "A" which assignment authorizes the City to accept
responsibility, as agent for the Northlake Boulevard Corridor Task Force, for funding and
administering an agreement with Michael Redd and Associates, P.A., for the preparation of
construction drawings for streetscape improvements to Northlake Boulevard. The total
cost of the agreement is approximately $312,000, and is to be fully reimbursed by Palm
Beach County, using discretionary funds allocated to the Honorable County Commissioner
Karen T. Marcus, District One.
Section 2. The City Council does hereby authorize and direct the Mayor and
City Clerk to execute the assignment agreement for and on behalf of the City of Palm
Beach Gardens.
Section 3. This resolution shall take effect immediately upon adoption.
•
1]
•
PASSED AND ADOPTED THIS
(City Seal)
ATTEST:
CAROL GOLD, MMC
CITY CLERK
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILPERSON CLARK
COUNCILPERSON FURTADO
COUNCILPERSON SABATELLO
G: SC Resolution No. 28, 2001
DAY OF 2001.
MAYOR JOSEPH R. RUSSO
APPROVED AS TO LEGAL
FORM AND SUFICIENCY:
LEONARD RUBIN
CITY ATTORNEY
AYE NAY
ABSENT
. ASSIGNMENT
THIS ASSIGNMENT is made and entered into this day of
2001, by VILLAGE OF NORTH PALM BEACH, a municipal
corporation, hereinafter referred to as "VILLAGE" and CITY OF PALM BEACH GARDENS,
a municipal corporation, hereinafter referred to as "CITY ".
WITNESSETH:
WHEREAS, VILLAGE OF NORTH PALM BEACH, TOWN OF LAKE PARK, CITY
OF PALM BEACH GARDENS, and PALM BEACH COUNTY entered into an Interlocal
Agreement to form a task force known as the Northlake Boulevard Task Force; and
WHEREAS, members of the Task Force serve as the agent of the Task Force on
a rotating basis, whose duties include the executing and undertaking of performance of
0 contracts on behalf of the Task Force; and
WHEREAS, VILLAGE, as agent of the Task Force, sought requests for proposals
during the calendar year 1999 for construction drawings for the Northlake Boulevard
Corridor Streetscape; and
WHEREAS, CITY is designated to serve as agent for the Task Force during the
calendar year 2000 and authorized as agent by the Task Force to enter into an agreement
with Michael Redd & Associates, P.A., for construction drawings for the Northlake
Boulevard Corridor Streetscape; and
WHEREAS, pursuant to the CITY's code of ordinances, the CITY cannot execute
the contract with Michael Redd & Associates, P.A., as the VILLAGE and not the CITY
conducted the process of requests for proposals; however, CITY is willing to take an
assignment of such contract from the VILLAGE and perform the duties and obligations of
the contract as agent for the Task Force.
•
•
[7
Assignment between Village of North Palm Beach and City of Palm Beach Gardens
Page 2
NOW, THEREFORE, in consideration of the mutual premises and covenants herein
contained, it is agreed as follows:
1. VILLAGE and CITY agree that VILLAGE shall sign the agreement with
Michael Redd & Associates, P.A., attached as Exhibit "A ", which agreement is for the
purpose of the Task Force obtaining construction - drawings for the Northlake Boulevard
Corridor Streetscape.
2. VILLAGE does hereby assign, transfer and set over unto CITY all rights and
responsibilities of the agreement with Michael Redd & Associates, P.A., and CITY does
hereby accept the assignment and agrees to perform the terms and provisions called for
on the part of Task Force as its agent.
IN WITNESS WHEREOF, VILLAGE and CITY have set their respective hands and
seals on the day and year first above written.
(Village Seal)
VILLAGE OF NORTH PALM BEACH
Mayor I
Attest:
/ Village Clerk 0
(City Seal)
Attest:
City Clerk
CITY OF PALM BEACH GARDENS
Mayor
THE VILLAGE OF
NORTH PALM BEACH
VILLAGE HALL • 501 U.S.'HIGHWAY #1 • NORTH PALM BEACH, FLORIDA 33408
TELEPHONE: (561) 841 -3380 • FAX: (561) 84 87-3344 • E -MAIL: villnpb @evcom.net
DENNIS W. KELLY
Vllage.Manager
January 29, 2001
Mr. Steve Cramer, Principal Planner
Planning and Zoning
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
RE: Resolution/Assignment Agreement
Dear Steve:
During their regular Council meeting of Thursday, January 25, .2001 the Village Council
unanimously approved the assignment agreement between the Village of North Palm Beach
and. City of Palm Beach Gardens assigning the construction contract for the Northlake
Boulevard Corridor Streetscape with Michael Redd and Associates. A copy of the resolution
and assignment are attached for your action. Once the Village receives a fully executed copy.
of the assignment the contract will then be signed and forwarded to the City of Palm Beach
Gardens for your files and implementation
If. you. have any questions please do not hesitate to call.
Sincerely,
Dennis W. Kelly
Village Manager
DWK:dw
Attachment
cc: Mayor and Village Council
Kathleen Kelly, Village Clerk
Tom Hogarth, Public Services Director
George Baldwin; Village Attorney
Acting City Manager, City:of Palm Beach Gardens
0 RESOLUTION 16 -2001
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE
CLERK TO ENTER INTO AN AGREEMENT ENTITLED "ASSIGNMENT" WITH THE CITY
OF PALM BEACH GARDENS ATTACHED AS EXHIBIT "A ", WHICH ASSIGNMENT
AUTHORIZES VILLAGE AS AGENT FOR THE NORTHLAKE BOULEVARD TASK
FORCE TO EXECUTE AN AGREEMENT WITH MICHAEL REDD & ASSOCIATES, P.A.,
FOR CONSTRUCTION DRAWINGS FOR THE NORTHLAKE BOULEVARD CORRIDOR
STREETSCAPE AND TO ASSIGN SUCH CONTRACT TO THE CITY OF PALM BEACH
GARDENS FOR PERFORMANCE AND ADMINISTRATION AS AGENT OF THE TASK
FORCE; AND, PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA:
Section 1. The Village Council of the Village of North Palm Beach, Florida, does
hereby approve the Agreement entitled "Assignment" with the City of Palm Beach Gardens
attached as Exhibit "A ", which Assignment authorizes Village as agent for the Northlake
Boulevard Task Force to execute an Agreement with Michael Redd & Associates, P.A., for
construction-'drawings for the Northlake Boulevard Corridor Streetscape and to assign such
contract to the City of Palm Beach Gardens for performance and administration as agent
of the Task Force.
Section 2. The Village Council does hereby authorize and direct the Mayor and Village
Clerk to execute the Assignment for and on behalf of the Village of North Palm Beach.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS 25th DAY OF JANUARY, 2001.
(Village Seal)
MAYOR
ATTEST:' r�71Z�
/ k VILLAGE CLERK /I-
I* CITY OF PALM BEACH GARDENS CITY COUNCIL
r J1J
L_J
4
El
Agenda Cover Memorandum
Meeting Date: February 15, 2001
Date Prepared: January26, 2001
SUBJECT /AGENDA ITEM
Consideration of Approval: Resolution 29, 2001, approving Parkway Landscape Plans and PCD
Buffer Landscape Plans within the Mirasol (a.k.a. Golf Digest) Planned Community District
(PCD), located at the northwest corner of Florida's Turnpike and PGA Boulevard. The subject
site is 2,304.7 acres in size and consists of 2,145 dwelling units, a golf course, a golf academy,
105,000 s.f. of office space, 15,000 s.f. of retail space, 10,000 s.f. of community facilities, and
6,000 s.f. of sales center.
RECOMMENDATION
Staff recommends approval of Resolution 29, 2001, which contains one condition of
approval.
Reviewed by;
Originating Dept.:
Costs: $
Council Action:
Total
City Attorney
Growth Management
[ ] Approved
inance NA`�
CM
Human Res. NA
Other NA
Current FY
[ ] Approved w/
conditions
j 1 Denied
unding Source:
[ ] Continued to:
Advertised:
Date:
[ ] Operating
Attachments:
[ ] Other
. Resolution 29, 2001
Paper:
^�
t
[X] Not Required
ement Director
Affected parties
Budget Acct. #:
[ ] None
Approved by:
]Notified
ity Manager (/
X] Not required
REQUEST
A Miscellaneous Petition by Urban Design Studio, agent for Taylor Woodrow Communities at
Mirasol, Ltd., a Florida limited partnership, for approval of. (1) the landscape plans for the
Parkways adjacent to Jog Road, PGA Boulevard and Hood Road; (2) the PCD Landscape
Buffers; and (3) irrigation pump house elevations within the Mirasol Planned Community
Development.
BACKGROUND
On May 18, 2000, the City Council approved Ordinance 8, 2000, which approved the amended
Master Plan of the Golf Digest PCD. Conditions 12, 14 and 17 require the submission of
landscape plans and lighting plans for the Parkways and PCD Buffers. This request is in
response to Conditions 12, 14 and 17 of the PCD Development Order, Ordinance 8, 2000.
Condition 12 stipulates "Lighting consistent with a future city- selected design for parkways, if
and when necessary according to photometric analysis, shall be installed along all parkway
pathways /sidewalks concurrent with the pathway /sidewalk installation. Lighting plans shall be
submitted for City review concurrent with the submittal of beautification landscape plans as
outlined in conditions 13 and 14." Prior to this request, the applicant received approval from the
City for the light fixtures and poles intended for use in the development. Included with this
petition are the lighting plans and photometric analysis for Jog Road, Hood Road and PGA
Boulevard. These lighting plans have previously been submitted and reviewed as part of the
engineering construction plans for these roadways. They were submitted with this petition in
order to comply with condition 12.
Condition 14 requires "Within nine months of the effective date of this amended development
order, the applicant shall submit detailed road right -of -way and parkway/buffer landscape plans
for all public roads and adjacent common space areas, . including pump station screening, for
City Council approval. Further, landscaping/beautification plans for the North -South Parkway,
from the north side of the rotary, north of PGA Boulevard, to a line parallel with the Southern
boundary of Parcel D, shall necessitate Planning and Zoning Commission review and
recommendation prior to City Council consideration. The landscape plans for public roadways
shall include conceptual median landscape details. The maintenance of the landscaping shall be
the obligation of the applicant and/or its successors and assigns. Said landscaping shall be
installed consistent with the Common Area Phasing Plan." The Parkway Landscape Plans
include all areas adjacent to the road rights -of -way, including the irrigation pump house
architectural plans and landscape screening. The Parkway Landscape Plans also include the
entries, which have previously been approved and those areas, which are currently under review
or have previously been approved as part of adjacent parcel site plan review applications.
Condition 17 requires, "Within nine months of the effective date of this amended development
order, the applicant shall submit detailed PCD buffer plans for City Council approval. The
maintenance of the landscaping shall be the obligation of the applicant and/or it successors and
assigns. Buffers shall be consistent with the Common Area Phasing Plan." The PCD Buffer
2
•
plans are consistent with the detailed PCD Buffer plans, which are under review or have
previously been approved by the City Council in conjunction with adjacent site plan approvals.
LAND USE & ZONING
The Future Land Use designation for the subject site, as reflected on the City's Future Land Use
Map, is Residential Low (RL). The zoning classification of the site is Planned Community
Development (PCD).
The following table illustrates the adjacent uses, land use designations, zoning districts,
consistency with City Codes:
ZONING CLASSIFICATION, LAND USE DESIGNATION
EXISTING USE
ZONING
LAND USE
Subject Property
Planned Community District
Residential Low (RL)
Under Construction
CD
North
Palm Beach County -
Palm Beach County -
Hood Road, Eastpointe and
RT and RS /SE
(Residential Low - 1)
Old Marsh residential
developments
Bonnette Hunt Club
Planned Development Area
Residential Low
DA
Seacoast Utility Authority
Public/Institutional
Public
West
Planned Development Area
Conservation
Loxahatchee Slough
DA
East
PDA
Residential Medium
Florida's Turnpike
(Parcel 31.01)
Vacant
Vacant (Parcel 30.02)
PDA
Commercial
CONCURRENCY
The Mirasol (fk.a. Golf Digest) PCD has received concurrency certification. This petition does
not affect the existing concurrency certification.
PROCEDURE
This is a request for a Miscellaneous approval within a PCD. This request is reviewed
by City Staff and the Development Review Committee, who forward comments and
recommendations to the City Council. The City Council reviews the request for
Miscellaneous approval, and make a final determination of approval, approval with
conditions, or denial.
3
PROJECT DETAILS
Ten (10) separate PCD buffer sections have been submitted to the City for its review and
approval. The buffer sections are, as follows:
•
Section A -A is a 25 -foot wide buffer between the Bonnette outparcel and Parcels A and C of
the Mirasol PCD. Live Oak trees, slash pine trees, groundcover and a six -foot solid concrete
panel wall are proposed on a five -foot high berm.
•
Section B -B is a minimum 50 -foot wide landscape buffer between the northern boundary of
the Seacoast Utility Authority site and the adjacent Jog Road Parkway right -of -way. This
buffer will feature a 7 to 8 -foot high berm with Live Oak trees, Sabal Palms and slash pines.
In specific areas, royal palms, flowering trees and specimen shrubs will be used. Along the
existing fence around the Seacoast Utility facility, there will be a continuous hedge and
extensive groundcover.
•
Section C -C is a 50 -foot wide landscape buffer between the eastern boundary of the Seacoast
Utility site and Parcel D. The buffer consists of a variety of shade trees, flowering trees,
sabal palms and shrubbery on a six -foot high berm.
•
Section D -D is a 25 -foot wide buffer between the southern boundary of the Seacoast Utility
facility and Parcels E and G of the subject site. The buffer will feature a dense planting of
shade trees, pines, flowering trees, palms, shrubs and groundcover on a meandering and
undulating berm.
•
Section E -E is a 25 -foot buffer between the southern boundary of the Seacoast Utility facility
and Mirasol's Golf Maintenance Facility and maintenance road. The buffer will incorporate
the existing Live Oaks and fence on the Seacoast Utility property line.
•
Section F -F is a 25 -foot buffer between Florida's Turnpike and the park and school site. The
buffer will extensively use the existing oaks and pines and supplement the existing
vegetation with additional oaks and pines, along with red cedar trees and a native hedge.
•
Section G -G is a 25 -foot buffer between Florida's Turnpike and the adjacent Jog Road
Parkway buffer, which will preserve much of the existing vegetation of slash pines, Live
Oaks and sabal palms. The PCD buffer will incorporate the required South Florida Water
Management District berm.
•
Section H -H is a minimum 25 -foot buffer between Florida's Turnpike and the lake on the
eastern edge of the Mirasol PCD. The buffer will consist of Live Oaks, sabal palms,
flowering trees and accent plants with a six -foot post and panel wall with a continuous
hedge. The buffer will be located on a five -foot high berm.
•
Section I -I is a minimum 20 -foot landscape buffer between the Turnpike Interchange and the
lake on the eastern edge of the Mirasol PCD. The hedge will feature shade trees (including
Live Oaks, red cedars, sabal palm clusters, and a continuous hedge on a five -foot high berm.
•
Sections K -K and L-L is a landscape buffer between eight feet and 14.5 feet in width
between the commercial outparcel and the Mirasol fire station site and eastern lake. The
buffers will include Live Oaks trees, Sabal palms and a hedge.
The proposed PGA Boulevard, Jog Road and Hood Road Parkway buffers will extensively use
the existing vegetation, which partially consists of slash pines, saw palmettos, cocoplums,
4
•
cypress, and wax myrtles. The roadways will be extensively lined with canopy trees, sabal
palms, slash pines, and a variety of flowering trees. The project entrances and traffic circles will
be extensively landscaped with specimen oaks, date palms, sabal palms, canopy trees, slash
pines, and flowering trees on meandering and undulating berms.
Plans for the pump house have also been included. The pump house will be constructed of
concrete walls with stucco and a barrel tile roof to match the architectural theme established for
all common area structures, such as the guardhouses and sales center. The Hood Road parkway
plans include a 12 -foot wide bicycle path within the 90 -foot buffer. The roadway buffer will
include existing pine trees and saw palmettos supplemented by sabal palms, slash pines, and
canopy trees. A continuous hedge and six -foot fence is also proposed along the southern edge of
the parkway buffer.
Four distinctive streets lights are proposed for the project. The roadway lighting will be 35 -feet
in height with a 400 watt metal halide lamp in a shoebox fixture. The sidewalk light will be 15
feet in height and will feature a decorative concrete pole and an "acorn" lighting fixture. The two
types of entrance lighting will feature 20 -foot high decorative metal poles for a single "acorn"
lighting fixture and a 15 -foot high decorative metal pole for the double "acorn" lighting fixture.
STAFF COMMENTS
No objections have been received with regards to this petition. However, staff currently
has no commitment from the applicant to pay for the electrical services for the street
lights along Jog Road.
RECOMMENDATION
Staff recommends approval of Petition MISC -01 -01 with the following condition:
The Master association for the Mirasol PCD (a.ka. Golf Digest) shall pay all electrical
costs for the Mirasol parkway (Jog Road, East -West Parkway, and North -South
Parkway) lights.
5
0 RESOLUTION 29, 2001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA, PROVIDING
FOR THE APPROVAL OF PERIMETER LANDSCAPE
BUFFERS, NORTH -SOUTH PARKWAY LANDSCAPE
BUFFERS, PUMP HOUSE ELEVATIONS, AND LIGHTING
PLANS FOR THE MIRASOL (F/K/A GOLF DIGEST)
PLANNED COMMUNITY DEVELOPMENT LOCATED ON
2,304 ACRES AT THE NORTHWEST CORNER OF
FLORIDA'S TURNPIKE AND PGA BOULEVARD, AS
MORE PARTICULARY DESCRIBED HEREIN; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens received an application from Taylor
Woodrow Communities at Mirasol, Ltd., a Florida limited partnership, for miscellaneous
approval of the landscape plans for the Parkways adjacent to Jog Road, PGA Boulevard
and Hood Road, as well as the PCD Buffers within the Mirasol (Golf Digest PCD); and
WHEREAS, the 2,304.79 acre Mirasol site is currently zoned Planned
Community District (PCD) with a Future Land Use designation of Residential Low (RL);
and
WHEREAS, the Growth Management Department has reviewed said application
and determined that it is sufficient; 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, the Growth Management Department has recommended approval of
the landscape buffer and parkway plans for the Mirasol PCD.
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 approves; (1) Parkway landscape plans for Jog Road, PGA Boulevard and Hood
Road; (2) Planned Community Development landscape buffer plans; and (3) irrigation
pump house elevations for the Mirasol PCD, located at the northwest corner of Florida's
Turnpike and PGA Boulevard, as described in Section 3 below.
SECTION 2. This resolution is approved subject to the following condition:
•
1. The master association for the Mirasol Planned Community District shall pay all
future electrical costs for the Mirasol parkway (Jog Road, East -West Parkway and
North -South Parkway) lights.
SECTION 3. Construction of the improvements described in Section 1 shall be in
compliance with the following plans on file with the City's Growth Management
Department:
Official Exhibits:
1. North -South Parkway/PGA Boulevard parkway Buffer Landscape Plans, Krent
Wieland Design, Inc., various dates, Sheets L -1 to L -20.
2. Golf Digest PCD Buffers, Urban Design Studio, various dates, Cover page and
Sheets LA- I to LA -10.
3. Hood Road Parkway Landscape Plans, Urban Design Studio, various dates, Sheets
LA -1 to LA -9.
4. Irrigation Pump House Plans and Elevations, Jeffrey A. Ornstein, P.A., Architect,
November 28, 2000, One Sheet.
SECTION 5. This Resolution shall be effective upon adoption.
PASSED AND ADOPTED THIS DAY OF 1 2001.
MAYOR JOSEPH R. RUSSO
ATTEST BY:
CAROL GOLD
CITY CLERK
APPROVED AS TO LEGAL
FORM AND SUFFICIENCY BY:
CITY ATTORNEY
0
VOTE: AYE
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCIL WOMAN FURTADO
COUNCILMAN CLARK
COUNCILMAN SABATELLO _
•
•
NAY
ABSENT
•
•
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date: 02/02/00
Meeting Date: 02/15/00
Subject/Agenda Item
Resolution 31, 2001, Appointing Richard B. Beladino to the Board of Trustees of the
Firefighter's Retirement Pension.
Recommendation /Motion:
Consider a motion to approve Resolution 31, 2001
Reviewed by.
Originating Dept.:
Costs: $ 0
Council Action:
(Total)
City Attorney
Finance
( ] Approved
$ 0
[ ] Approved w/
Finance
Current FY
conditions
[ ] Denied
ACM
Advertised:
Funding Source:
[ ] Continued to:
Attachments:
Other
Date:
[ ] Operating
Paper:
[ X ] Not Required
[ ] Other
Memorandum
Submitted by:
Kent R. Olson O
Department Director
Affected parties
[ ] Notified
Budget Acct. #:
[ ] None
Approved by.
&V,04� JO/)—
City Manager
[ X ] Not required
BACKGROUND: See attached memorandum.
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Ronald M. Ferris, Interim City Manager DATE: February 2, 2001
FROM: Kent R. Olson, Finance Director 1I�
SUBJECT: Resolution 31, 2001, Appointment to the Fire Pension Board
BACKGROUND
The City's defined benefit pension plan for firefighters is governed by a Board of
Trustees consisting of five members. The City Council appoints two residents to the
Firefighters' Pension Trust Fund to serve as employer trustees. The firefighters elect two
trustees, and these four trustees choose a fifth trustee to provide the Board with five
members. All trustees serve for a two -year term and may succeed himself or herself.
DISCUSSION
There is currently an opening on the Fire Pension Board for a City appointed
trustee. I have spoken with Richard B. Beladino, who has expressed an interest in
serving on a pension board, regarding this opening. Prior to his retirement, Mr. Beladino
worked in the insurance and banking industries, thus he has an excellent background for
serving on the Fire Pension Board. At this time, there are no other applications on file
from interested citizens.
RECOMMENDATION
Staff recommends adoption of Resolution 31, 2001, appointing Richard B.
Beladino to the Board of Trustees for the Firefighters' Retirement Trust Fund.
•
0 RESOLUTION 31, 2001
C�
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPOIN'T'MENT
OF ONE (1) MEMBER TO THE BOARD OF TRUSTEES OF THE CITY
OF PALM BEACH GARDENS FIREFIGHTERS' PENSION TRUST
FUND; AND, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 38 -53 of the Palm Beach Gardens Code of Ordinances provides for the
appointment of members to the Board of Trustees of the Firefighters' Pension Trust Fund.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
Section 1. Pursuant to Section 38 -53 of the Palm Beach Gardens Code of Ordinances,
Richard B. Beladino is hereby appointed as a member of the Board of Trustees of the Firefighters'
Pension Trust Fund for two (2) years, which term of office shall expire on February 15, 2002.
Section 2. Effective Date. This Resolution shall be effective immediately upon its adoption.
INTRODUCED, PASSED AND ADOPTED this 15th day of February, 2001.
MAYOR JOSEPH R. RUSSO
ATTEST:
CAROL GOLD, CMC, CITY CLERK
VOTE: AYE
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILWOMAN FURTADO
COUNCILMAN CLARK
COUNCILMAN SABATELLO
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY.
WATTERSON, HYLAND & KLETT, P.A.
CITY ATTORNEY
NAY ABSENT
\\FILE sRV\RNADMiN\KEN*nORDINANCES& RESOLUTIONS WMLUTION312001FIREAPPT.DOC
*Am CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date: 02/05/01
Meeting Date: 02/15/01
Subject/Agenda Item
Resolution 32, 2001, Authorizing the City to Approve the Loan Agreement with the Florida
Intergovernmental Finance Commission.
Recommendation /Motion:
Consider a motion to approve Resolution 32, 2001.
•
•
Reviewed by:
Originating Dept.:
Costs: $ 0
Council Action:
(Total)
City Attorney
Finance
[ ] Approved
$ 0
[ ] Approved w/
Finance
Current FY
conditions
( ] Denied
ACM
Advertised:
Funding Source:
[ ] Continued to:
Other
Date:
(] Operating
Attachments:
Paper:
( X ] Not Required
[ ] Other
Memorandum
Submitted by.
Kent R. Olson KRO
Department Director
Affected parties
[ ] Notified
Budget Acct. #:
[ ] None
by:
�Approved
City Manager
[ X ] Not required
BACKGROUND: See attached memorandum.
is
C7
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Ronald M. Ferris, Interim City Manager DATE: February 5, 2001
FROM: Kent R. Olson, Finance Director q6
SUBJECT: Resolution 32, 2001, Loan Agreement with Debt Pool
BACKGROUND
At the City Council meeting of January 18, the Council approved entering into an
Interlocal Agreement with the City of Coral Springs to create a debt pool called the
Florida Intergovernmental Finance Commission. The debt pool is structured such that
the Commission will issue the debt to the financial markets and the members of the
Commission (Palm Beach Gardens and Coral Springs) will borrow from the Commission.
Each City would also repay the Commission only for what it borrowed; the City of Palm
Beach Gardens would not be responsible for the debt of any other municipality.
DISCUSSION
Resolution 32, 2001, approves the Loan Agreement that will be utilized when the
City borrows funds from the Florida Intergovernmental Finance Commission. The City
will borrow to fund the PGA Flyover contribution, the construction of Burns Road and
the refinancing of the Golf Course debt. The Loan Agreement outlines the process and
requirements of obtaining and repaying funds to the Finance Commission. Since the
Loan Agreement won't be finalized until the bonds are priced, Resolution 32, 2001
provides for the limited delegation of authority to complete the Loan Agreement.
RECOMMENDATION
Staff recommends adoption of Resolution 32, 2001, authorizing the City to
approve a Loan Agreement with the Florida Intergovernmental Finance Commission.
0 RESOLUTION NO. 32, 2001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, AUTHORIZING THE
BORROWING OF NOT EXCEEDING $30,000,000 FROM THE
FLORIDA INTERGOVERNMENTAL FINANCE COMMISSION
LOAN PROGRAM TO FINANCE AND /OR REFINANCE
CERTAIN CAPITAL PROJECTS OF THE CITY; AUTHORIZING
THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT
IN CONNECTION THEREWITH; AUTHORIZING THE
ISSUANCE OF A NOT TO EXCEED $30,000,000 NOTE TO
EVIDENCE THE OBLIGATION OF THE CITY TO SECURE THE
REPAYMENT OF THE LOAN AND THE NOTE; PROVIDING
FOR THE TERM AND REPAYMENT PROVISIONS THEREOF;
AUTHORIZING CERTAIN OTHER MATTERS IN CONNECTION
THEREWITH AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens, Florida (the "Borrower") is duly
authorized pursuant to the Constitution and Chapter 166, Part II, Florida Statutes, as
10 amended, and other applicable provisions of law (collectively, the "Act ") to acquire and
construct capital projects for the benefit of the citizens and residents of the Borrower and
to borrow money to facilitate financing and/or refinancing of the costs of such projects;
and
WHEREAS, the Florida Intergovernmental Finance Commission ( "FIFC "), has
heretofore established a loan pool program (the "Program ") for the purpose of financing
certain capital projects of participating local governmental entities situated in the State of
Florida through the issuance of its Florida Intergovernmental Finance Commission
Capital Revenue Bonds; and
WHEREAS, the Borrower has identified certain hereinafter defined capital
projects (such capital projects hereinafter collectively referred to as the "Projects ") which
the Borrower wishes to finance and/or refinance from funds borrowed from the Program;
and
WHEREAS, the Borrower wishes to identify the specific capital improvements
constituting the Projects and provide for the terms and security for the repayment of such
funds to the Program; and
WHEREAS, to evidence its obligation to repay the loan of funds from the
Program (the "Loan"), the Borrower will execute and deliver a Loan Agreement (the
"Agreement ") and a note (the "Participant Note "); and
MIAI 9WENNEYSS/ 1205833 /p%fd011.DOM106/01/46245.010100
WHEREAS, to secure its obligation to repay the Participant Note and the loan of
funds from the Program (the "Loan"), the Borrower wishes to pledge as security for the
Participant Note the Non -Ad Valorem Revenues, as defined in the Agreement (the "Non -
Ad Valorem Revenues "); and
WHEREAS, the Borrower wishes to approve the form of Agreement and
Participant Note and to authorize the officers and employees of the Borrower to take all
action necessary to obtain the proceeds of the Loan and complete the financing of the
Projects in the manner contemplated by the Agreement; and
WHEREAS, FIFC will issue and sell its Florida Intergovernmental Finance
Commission Capital Revenue Bonds, 2001 Series A (the "Bonds ") pursuant to a Trust
Indenture (the "Indenture ") between FIFC and the trustee selected by FIFC and named
therein (the "Trustee "), a portion of the proceeds of which Bonds will finance or
refinance, as the case may be, the Projects; and
WHEREAS, in connection with the issuance of the Bonds FIFC will enter into an
ISDA Master Agreement with Morgan Guaranty Trust Company of New York (the
"Swap Counterparty") and a confirmation thereunder (collectively, the "Swap
Agreement ") which will provide for the Swap Counterparty to make the fixed rate interest
payments due on the Bonds and for FIFC to make variable rate interest payments to the
Swap Counterparty; and
WHEREAS, pursuant to the Agreement, during the term of the Swap Agreement
in connection with the Borrower's Loan, the Borrower will be required to pay a portion of
the variable rate interest payments due to the Swap Counterparty under the Swap
Agreement; and
WHEREAS, in connection with the sale of the Bonds, FIFC will enter into a
Bond Purchase Agreement (the "Bond Purchase Agreement') with J.P. Morgan &
Company (the "Underwriter "), pursuant to which the terms of the Bonds will be
determined; and
WHEREAS, also in connection with the sale of the Bonds, FIFC will cause a
Preliminary Official Statement and an Official Statement to be prepared, which among
other things, will contain financial and other information provided by the Borrower;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Palm Beach Gardens, Florida, as follows:
SECTION 1. DEFINITIONS. Terms defined in the preambles hereof shall
have the meanings set forth therein. All capitalized terms used herein which are defined
in the Agreement shall have the meanings assigned thereto in the Agreement, unless the
context hereof affirmatively requires otherwise.
MIAM MENNEYSS/ 1205833/& .(d011.DOCl2/06/01/46245.010100 2
0 SECTION 2. FINDINGS. It is hereby found, determined and declared that:
(A) The Projects identified in Exhibit A to the Agreement constitute
capital projects within the meaning of the Act, and the acquisition and construction and/or
refinancing of such Projects is necessary and desirable, is in the public interest and will
serve a proper public purpose.
(B) It is necessary and desirable and in the public interest that the
Projects be constructed or refinanced, as the case may be, at the earliest possible time;
however, the Borrower does not have the resources necessary to pay for such Projects
from currently available funds.
(C) The financing and/or refinancing of the costs of the Projects from
funds borrowed from the Program is in the best interest of the public and will enable the
Borrower to complete the Projects in a timely manner to meet the current public need or
to refinance the Projects in order to benefit from advantageous financing terms, as the
case may be.
(D) The estimated receipts of Non -Ad Valorem Revenues are sufficient
to pay the principal and interest and all other amounts payable with respect to the Loan
and the Participant Note.
(E) The Non -Ad Valorem Revenues are not pledged, encumbered or
hypothecated by any resolution, agreement, indenture, ordinance or other instrument to
which the Borrower is a party or by which it is bound, except as otherwise set forth in the
Agreement.
SECTION 3. PROJECT FINANCING AUTHORIZED; DECLARATION
OF OFFICIAL INTENT. The cost of financing and refinancing of the Projects, as
described herein, in the manner provided in the Agreement is hereby authorized and
approved, in an amount not to exceed $30,000,000. The Borrower hereby declares its
official intent to reimburse itself from the proceeds of tax - exempt debt to be incurred by
the Borrower for costs and expenses incurred with respect to the Projects within 60 days
prior to the date of this Resolution and subsequent to the date of this Resolution. This
Resolution is intended as a declaration of official intent under Treasury Regulation
§ 1.150 -2. The tax- exempt debt to be issued to finance the Projects is expected not to
exceed an aggregate principal amount of $30,000,000.
SECTION 4. AUTHORIZATION OF EXECUTION AND DELIVERY OF
LOAN AGREEMENT. The Agreement, in substantially the form attached hereto as
Exhibit 'W', including the Participant Note attached thereto, with such changes,
alterations and corrections as may be approved by the Mayor or Finance Director of the
Borrower, such approval to be presumed by his execution thereof, is hereby approved by
the Borrower, and the Borrower hereby authorizes and directs said Mayor or Finance
Director to execute, and the City Clerk or Deputy City Clerk of the Borrower to attest
MUNWENNEYSS /12056331^0011.DOC17l06/01 /46245.010too 3
under the seal of the Borrower, the Agreement and the Participant Note and to deliver to
the Administrator, the Agreement and the Participant Note, all of the provisions of which,
when executed and delivered by the Issuer as authorized herein and by the Administrator,
shall be deemed to be a part of this instrument as fully and to the same extent as if
incorporated verbatim herein.
SECTION 5. ISSUANCE OF PARTICIPANT NOTE; SECURITY. The
Loan shall be evidenced by the Participant Note, issued in an amount not to exceed
$30,000,000. The Mayor or Finance Director of the City and the City Clerk or Deputy
City Clerk of the City are hereby authorized to issue and deliver the Participant Note
against receipt of the proceeds of the Loan as provided in the Agreement. The Participant
Note shall have such terms and provisions, shall bear interest at such rates, adjusted in
such manner and payable at such times, and shall mature in such amounts on such dates,
all as are set forth in the Agreement; provided that the amount shall not exceed
$30,000,000, the term of the Participant Note shall be no longer than 20 years and the
initial interest rate payable by the Borrower under the Participant Note shall not exceed
5.50% per annum, exclusive of annual administrative costs associated with the Bonds and
the Loan. Upon issuance, the Participant Note shall be secured by a lien upon and pledge
of the Non -Ad Valorem Revenues. The Borrower hereby pledges, and grants a lien upon,
the Non -Ad Valorem Revenues, in favor of the Participant Note, all in the manner set
forth in the Agreement and the Participant Note.
SECTION 6. NO PERSONAL LIABILITY. No covenant, stipulation,
obligation or agreement herein contained or contained in the Agreement shall be deemed
to be a covenant, stipulation, obligation or agreement of any member, agent or employee
of the Borrower or its governing body in his individual capacity, and neither the members
of the City Council of the Borrower nor any official executing the Agreement or
Participant Note shall be liable personally thereon or be subject to any personal liability
or accountability by reason of the issuance thereof.
SECTION 7. PREPARATION AND APPROVAL OF PRELIMINARY
OFFICIAL STATEMENT. The officers, attorneys, engineers or other agents or
employees of the Borrower are hereby authorized and directed to provide financial and
other information about the Borrower and the Projects necessary or desirable in the
preparation of a Preliminary Official Statement to be used by the Underwriter for the
purpose of offering the Bonds for sale. The Finance Director is hereby authorized to
"deem final" the Preliminary Official Statement within the meaning of SEC Rule
15c2- 12(b)(1) and the applicable rules developed by the Municipal Securities
Rulemaking Board.
SECTION 8. PRICING AND SALE OF THE BONDS. The Borrower hereby
authorizes the Mayor or Finance Director of the Borrower to participate in the pricing of
the Bonds and the authorization of the Swap Agreement in the name of and on behalf of
the Borrower. The Bonds will be sold to the Underwriter (subject to such terms and
conditions) in the amount, at the price and upon the final terms set forth in the Bond
MLV"PENNEYSS/ 1205833 /p%fd0l!.DOCnW,/01/46245.010100 4
Purchase Agreement as may be approved by the Mayor or Finance Director; provided,
that (a) the term of the Bonds shall be no longer than 20 years; (b) the interest rate on the
Bonds shall not exceed 5.50 % per annum and the initial interest rate on the Swap
Agreement shall not exceed 5.25% per annum; and (c) the compensation of the
Underwriter shall comply with one of the following: (i) the purchase price of the Bonds
shall be not less than 97.50% of the original principal amount thereof, or (ii) the fee to the
Underwriter shall not exceed $4.71 per Bond issued (inclusive of reimbursement of
Underwriter's expenses).
SECTION 9. NO THIRD PARTY BENEFICIARIES. Except as herein or in
the Agreement otherwise expressly provided, nothing in this instrument or in the
Agreement, expressed or implied, is intended or shall be construed to confer upon any
person, firm or corporation other than the Borrower, the Administrator, the Florida
Intergovernmental Finance Commission, and the Trustee any right, remedy or claim, legal
or equitable, under and by reason of this instrument or any provision thereof or of the
Agreement, this instrument and the Agreement intended to be and being for the sole
exclusive benefit of the Borrower, the Administrator, . the Florida Intergovernmental
Finance Commission, and the Trustee.
SECTION 10. PREREQUISITES PERFORMED. All acts, conditions
and things relating to the passage of this instrument, to the execution of the Agreement
and the Participant Note required by the Constitution or laws of the State of Florida to
happen, exist, and be performed precedent to and in the passage hereof, and precedent to
the execution and delivery of the Agreement and the Participant Note, have happened,
exist and have been performed as so required.
SECTION 11. GENERAL AUTHORITY. The members of the City
Council of the Borrower and the Borrower's officers, attorneys, engineers or other agents
or employees are hereby authorized to do all acts and things required of them by this
instrument, the Agreement or the Participant Note, or desirable or consistent with the
requirements hereof or the Agreement or Participant Note, for the full, punctual and
complete performance of all the terms, covenants and agreements contained in the
Agreement, the Participant Note, and this instrument.
SECTION 12. THIS INSTRUMENT CONSTITUTES A CONTRACT.
The Borrower covenants and agrees that this instrument shall constitute a contract
between the Borrower and the owners from time to time of the Participant Note and that
all covenants and agreements set forth herein and in the Agreement and the Participant
Note to be performed by the Borrower shall be for the equal and ratable benefit and
security of all owners of the Participant Note.
SECTION 13. SEVERABILITY OF INVALID PROVISIONS. If any
one or more of the covenants, agreements or provisions herein contained shall be held
contrary to any express provisions of law or contrary to the policy of express law, though
not expressly prohibited, or against public policy, or shall for, any reason whatsoever be
MIAMVPENNEYSS/ 1205833 /p%fd01 IMOC/2/07101/46245.010100 5
•
held invalid, then such covenants, agreements or provisions shall be null and void and
shall be deemed separable from the remaining covenants, agreements or provisions and
shall in no way affect the validity of any of the other provisions hereof or of the
Agreement or Participant Note.
SECTION 14. NEGOTIATED SALE NECESSARY. It is hereby found,
ascertained, determined and declared by the Borrower that a negotiated borrowing under
the Program is in the best interest of the Borrower and is found to be necessary on the
basis of a finding that a competitive sale of the Participant Note would in all probability
not produce better terms than a negotiated sale particularly in view of the timing of such
an offering and the instability from time to time of the municipal market.
SECTION 15. AUTHORIZATION OF ALL OTHER NECESSARY
ACTION. The Mayor, City Clerk and Deputy City Clerk of the City of the Borrower,
Finance Director of the Borrower, and counsel to the Borrower are designated agents of
the Borrower in connection with the issuance and delivery of the Agreement and the
Participant Note and are authorized and empowered, collectively or individually, to take
all action and steps to execute and deliver any and all instruments, documents or contracts
on behalf of the Borrower which are necessary or desirable in connection with the
execution and delivery of the Agreement and the Participant Note and which are not
inconsistent with the terms and provisions of this resolution and hereby authorize, ratify
and confirm other actions relating to the Agreement and Participant Note heretofore taken
on behalf of the Borrower.
SECTION 16. REPEALING CLAUSE. All resolutions or Resolutions
or parts thereof of the Borrower in conflict with the provisions herein contained are, to
the extent of such conflict, hereby superseded and repealed.
MIAMUPEWEYSS/ 1205833/ p 'tifd011.DOG2/06/01/46245.010100 6
•
Section 17. EFFECTIVE DATE. This resolution shall take effect
immediately upon its adoption.
INTRODUCED, PASSED AND ADOPTED this ISth day of February, 2001.
MAYOR JOSEPH R. RUSSO
ATTEST:
CAROL GOLD, MMC, CITY CLERK
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILWOMAN FURTADO
COUNCILMAN CLARK
COUNCILMAN SABATELLO
M AMUPENNEYSS /1205833WdOl!.DOC(2/0N01 /46245.010100 7
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY.
WATTERSON, HYLAND & KLETT, P.A.
CITY ATTORNEY
AYE NAY ABSENT
0 STATE OF FLORIDA
•
•
COUNTY OF PALM BEACH
I, Carol Gold, City Clerk of the City Council of Palm Beach Gardens, Florida, do
hereby certify that the above and foregoing is a true and correct copy of a resolution as the
same was duly adopted and passed at a Regular Meeting of the City Council on the 15`h
day of February, 2001, and as the same appears on record in my office.
IN WITNESS WHEREOF, I hereunto set my hand and official seal this
day of February, 2001.
MIAM"ENNEYSS11205833/ p%fd0l!.DOG2/06/01/46245.010100 8
CITY OF PALM BEACH GARDENS,
FLORIDA
City Clerk
0 EXHIBIT A
•
C,
LOAN AGREEMENT
MUNII/PENNEYSS/ 1205833/ p %fd01!.DOG2/06/01/46245.010100
•
C7
LOAN AGREEMENT
by and between
FLORIDA INTERGOVERNMENTAL FINANCE COMMISSION
and
PALM BEACH GARDENS, FLORIDA
dated as of March 1, 2001
relating to
FLORIDA INTERGOVERNMENTAL FINANCE COMMISSION
CAPITAL REVENUE BONDS
2001 SERIES A
0 TABLE OF CONTENTS
ARTICLEI DEFINITIONS ........................................................................... ..............................3
Section1.01 Definitions ..................................................................................... ..............................3
ARTICLE II REPRESENTATIONS AND COVENANTS OF BORROWER .....................10
Section 2.01 Representations of the Participant ................................................ .............................10
Section 2.02 Covenants of Participant .............................................................. .............................13
Section 2.03 Tax Covenants and Representations of the Participant ......................
Section 2.04 Reimbursement Representations .................................................. .............................19
ARTICLEIII THE LOAN ............................................................................. .............................21
Section 3.01 The Loan; Participant Notes ........................................................ .............................21
Section 3.02 Funding the Loan ......................................................................... .............................21
Section 3.03 No Warranty Of Sufficiency ........................................................ .............................22
Section 3.04 Closing Submissions .................................................................... .............................22
Section 3.05 Evidence Of Loan ......................................................................... .............................22
Section 3.06 Adjustments to Initial Amount ..................................................... .............................22
ARTICLE IV LOAN TERM, LOAN CLOSING REQUIREMENTS AND
LOAN AMENDMENT REQUIREMENTS ............................................ .............................24
Section 4.01 Commencement of Loan Term ..................................................... .............................24
Section 4.02 Termination of Loan Term ........................................................... .............................24
Section 4.03 Loan Closing Documents ............................................................. .............................24
Section 4.04 Loans from the Participant's Renewal Account ........................... .............................25
ARTICLE V LOAN REPAYMENTS ........................................................... .............................27
Section5.01 Repayments .................................................................................. .............................27
Section 5.02 Additional Payments ............ ............................... .......................28
. ...............................
Section 5.03 Determination of Interest Rate; Interest Limit ............................. .............................29
Section 5.04 Obligation To Pay Repayments .................................................... .............................30
Section 5.05 Application of Repayments .......................................................... .............................33
Section 5.06 Agreement To Survive Indenture and Bonds ............................... .............................33
ARTICLE VI TITLE TO PROJECT ........................................................... .............................34
Section6.01 Title To Project ............................................................................ .............................34
ARTICLE VII DISCLAIMER OF WARRANTIES; VENDOR'S
WARRANTIES.......................................................................................... .............................35
Section 7.01 Disclaimer of Warranties ............................................................. .............................35
Section7.02 Warranties .................................................................................... .............................35
ARTICLE VIII OPTION TO PREPAY LOAN REPAYMENTS; LOAN
PREPAYMENT AND RELATIONSHIP TO SWAP AGREEMENT .. .............................36
Section8.01 Prepayment ................................................................................... .............................36
Section 8.02 Prepayment and Swap Agreement ............................................... .............................36
ARTICLEIX ................................................................................................... .............................38
ASSIGNMENT............................................................................................... ..............................3 8
Section 9.01 Assignment By Issuer; Administrator . ...................................................................... 38
Section 9.03 Assignment by Participant ........................................................... .............................38
ARTICLEX .................................................................................................... .............................39
EVENTS OF DEFAULT AND REMEDIES ................................................ .............................39
Section 10.01 Events of Default Defined .......................................................... .............................39
Section 10.02 Notice of Default ........................................................................ .............................40
Section 10.03 Remedies on Default .................................................................. .............................40
Section 10.04 Attorneys' Fees and Other Expenses ......................................... .............................41
Section 10.05 Application of Moneys ............................................................... .............................41
Section 10.06 No Remedy Exclusive; Waiver; Notice ..................................... .............................41
Section 10.07 Retention of the Issuer's Rights ................................................ .............................41
ARTICLE XI EXCESS FUNDS .................................................................... .............................42
Section11.01 Excess Funds .............................................................................. .............................42
ARTICLE XII MISCELLANEOUS ............................................................. .............................43
Section12.01 Notices ........................................................................................ .............................43
Section 12.02 Binding Effect ............................................................................ .............................43
Section12.03 Severability ................................................................................. .............................43
Section 12.04 Amendments, Changes And Modifications ............................... .............................44
Section 12.05 Execution in Counterparts .......................................................... .............................44
Section 12.06 Applicable Law .......................................................................... .............................44
Section 12.07 Benefit of Bondholders; Compliance With Indenture .............. .............................44
Section 12.08 Consents And Approvals ............................................................ .............................44
Section 12.09 Immunity of Officers, Employees And Members of Issuer And
Participant.................................................................................................... .............................44
Section12.10 Captions ...................................................................................... .............................44
Section 12.11 Pecuniary Liability of Issuer ...................................................... .............................44
Section 12.12 Payments Due on Holidays ........................................................ .............................45
Section 12.13 Right of Others to Perform Participant's Covenants .................. .............................45
ARTICLE XIII CONTINUING DISCLOSURE ......................................... .............................46
Section 13.01 Continuing Disclosure Requirements ........................................ .............................46
Section13.02 Definitions ................................................................................. .............................46
Section13.03 Annual Reports ........................................................................... .............................47
Section 13.04 Contents of Annual Reports ....................................................... .............................48
Section 13.05 Termination of Reporting Obligations ....................................... .............................49
Section 13.06 Dissemination Agent .................................................................. .............................49
Section 13.07 Amendments; Termination ......................................................... .............................49
Section 13.08 Additional Information ............................................................... .............................50
Section13.09 Default ........................................................................................ .............................50
Section 13.10 Duties, Immunities and Liabilities of Dissemination Agent ..... .............................50
Section 13.11 Beneficiaries ............................................................................... .............................50
•
•
•
EXHIBIT A -
PROJECT DESCRIPTION
EXHIBIT B -
FORM OF NOTE
SCHEDULE I -
SCHEDULE OF DISBURSEMENTS
SCHEDULE II -
SCHEDULE OF PRINCIPAL INSTALLMENTS
EXHIBIT C -
EXTRACT OF MINUTES OF A MEETING OF [INSERT NAME OF
GOVERNING BODY]
EXHIBIT D -
CERTIFICATE OF PARTICIPANT IN CONNECTION WITH LOAN
FINANCE PROJECT
EXHIBIT E -
INSURANCE COVERAGE PROVISIONS
EXHIBIT F -
REQUEST FOR ADVANCE
EXHIBIT G -
FORM OF PARTICIPANT'S COUNSEL OPINION
EXHIBIT H -
NOTICE OF FAILURE TO FILE ANNUAL REPORT
0 LOAN AGREEMENT
THIS LOAN AGREEMENT dated as of March 1, 2001 (the "Loan Agreement "), and
entered into by and between the Florida Intergovernmental Finance Commission (the "Issuer "),
an interlocal entity of the State of Florida created pursuant to the authority of Chapter 163,
Florida Statutes, as amended (the "Act "), and Palm Beach Gardens, Florida (the "Participant "), a
political subdivision of the State of Florida.
WITNESSETH:
WHEREAS, the Issuer was duly created under and organized under Section 163.01(7) of
the Act, pursuant to an Interlocal Agreement dated as of February _, 2001, between the City of
Coral Springs, Florida and the City of Palm Beach Gardens, Florida (the "Enabling Agreement ");
and
WHEREAS, the Issuer is authorized by the Act, among other things, to assist in
financing and refinancing the construction of public works and infrastructure and the acquisition
of necessary equipment (the "Projects ") by participating governmental entities of the State of
Florida (the "State "); and
WHEREAS, pursuant to the Act, and in order to encourage financing such Projects for
the purpose of the construction, installation, rehabilitation and equipping of such facilities and
the acquisition of such necessary equipment by governmental entities ( "Participants'), which the
Issuer believes to be in the public interest and for the benefit of the wealth, health and safety of
the citizens of the State, the Issuer is authorized to issue its revenue bonds and loan the proceeds
of the revenue bonds to such Participants (the "Program "); and
WHEREAS, in order to establish the Program to assist Participants in financing Projects,
the Issuer has agreed to authorize, issue, sell and deliver its Capital Revenue Bonds, 2001 Series
A (the "Bonds ") pursuant to a Trust Indenture, dated as of March 1, 2001 (the "Indenture "),
between the Issuer and [TRUSTEE], as Trustee (the "Trustee "); and
WHEREAS, in order to effectuate the Program, the Issuer has heretofore authorized and
approved the issuance of the Bonds; and
WHEREAS, the Participant is authorized under the Act and other applicable law to enter
into this Loan Agreement as a Participant for the purposes set forth herein; and
WHEREAS, in order to minimize the expected interest costs of the Program, the Issuer
has entered into an ISDA Master Agreement with Morgan Guaranty Trust Company of New
York and a confirmation thereunder; and
WHEREAS, the Issuer and the Participant have determined that the provision of funds
by the Issuer to the Participant pursuant to the terms of this Loan Agreement and the Indenture,
will assist the Participant in financing or refinancing the construction of public works and
infrastructure and/or the acquisition of necessary equipment or in reimbursement of the
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Participant for funds already spent in connection therewith, which will benefit the wealth, health
and safety of the citizens of the Participant and of the State; and
WHEREAS, the Participant, as beneficiary of the financing afforded by the Program,
will also bear the costs of the Program, in proportion to the Initial Amount of its borrowing;
provided, that the obligations of the Participant shall not be adversely affected by the default of
any other Participant borrowing funds under the Program;
NOW, THEREFORE, for and in consideration of the premises hereinafter contained
and as contained in the Indenture, the parties hereby agree as follows:
2
ARTICLE I
DEFINITIONS
Section 1.01 Definitions. Unless the context or use indicates another meaning or
intent, the following words and terms as used in this Loan Agreement shall have the following
meanings, and any other words and terms which are defined in the Indenture, as hereinafter
defined, shall have the meanings as therein defined:
"Accountant" or "Accountants" means an independent certified public accountant or a
firm of independent certified public accountants as to whom the Trustee and the Administrator
make no reasonable objection.
"Acquisition Fund" means the account by that name established pursuant to Section
4.02 of the Indenture.
"Act" means Chapter 163, Florida Statutes, as amended and other constitutional and
statutory authority supplemental thereto.
"Administration Agreement" means a Program Administration Agreement by and
among the Issuer, the Trustee and the Administrator, as amended and supplemented from time to
time.
"Administrator" or "Program Administrator" means Dunlap & Associates Group,
Inc., and any successor thereto named by the Issuer as Administrator.
"Authorized Officer" means the person performing the functions of the chief executive
officer or chief financial officer of the Participant.
"Available Moneys" means (i) with respect to any Repayments or Prepayments, lawfully
available funds that have been held for a period of 124 consecutive days during which no petition
in bankruptcy under the United States Bankruptcy Code has been filed by or against such Issuer
or a Participant as debtor, and no similar proceedings have been instituted under state insolvency
or other laws affecting creditors' rights generally, provided that such amounts will again be
deemed Available Moneys if the petition or proceedings have been dismissed and the dismissal is
no longer subject to appeal; or (ii) moneys on deposit in trust with the Trustee (a) which are
derived from the proceeds of other bonds or obligations issued for the purpose of refunding the
Bonds; (b) any other moneys but only if the Trustee receives an unqualified opinion of
Bankruptcy Counsel acceptable to the Trustee that payment of such amounts to the Bondholders
would not constitute voidable preferences under Section 547 of the United States Bankruptcy
Code or any similar state or federal laws (including federal and state laws governing the
insolvency of banks, insurance companies, savings and loan associations or other specific types
of borrowers) with voidable preference provisions in the event of a filing of a petition for relief
under the United States Bankruptcy Code by or against the Issuer or any Participant or the Person
from whom the money is received if other than a Participant; or which are moneys with respect
3
to which the Trustee receives an unqualified opinion of nationally recognized bankruptcy counsel
acceptable to the Trustee that payment of such amounts to the Bondholders would not constitute
avoidable preferences under Section 547 of the United States Bankruptcy Code in the event of
the filing of a petition for relief under the United States Bankruptcy Code by or against the Issuer
or a Participant, (c) which are proceeds of the Bonds and earnings thereon and which have been
continuously on deposit in the Funds created by the Indenture or (d) which are proceeds of the
remarketing of the Bonds (other than a remarketing of Bonds to the Issuer, a Participant or an
affiliate of either).
"Bond Counsel" means Greenberg Traurig, P.A., or any law firm subsequently
designated by the Issuer having a national reputation in the field of municipal law whose
opinions are generally accepted by purchasers of municipal bonds and which is acceptable to the
Trustee.
"Bondholder" means the registered owner of any Bond.
"Bond Program" or "Program" means the bond program of the Issuer authorized by
resolution of the Issuer, as may be amended from time to time, pursuant to which costs of the
Projects of Participants will be financed, refinanced or reimbursed from the proceeds of the
Bonds.
"Bond Purchase Agreement" means that certain agreement between the Issuer and the
Underwriter providing for the purchase by the Underwriter of the Bonds upon payment of the
purchase price and satisfaction of the conditions set forth therein for the initial issuance thereof.
"Bonds" means the Issuer's Florida Intergovernmental Finance Commission Capital
Revenue Bonds, 2001 Series A, issued pursuant to the Indenture.
"Participant" means the Participant under this Loan Agreement.
"Business Day" means any day other than (a) a Saturday or Sunday, (b) a day on which
commercial banks in New York, New York, or the city or cities in which the designated
corporate trust operations office of the Trustee are authorized by law or executive order to close
or (c) a day on which the New York Stock Exchange is closed.
"Closing Date" means the date on which a Participant executes and delivers a Loan
Agreement and proceeds of the Bonds are transferred to the Participant's Reservation Account.
"Code" means the Internal Revenue Code of 1986, as amended, and the regulations
promulgated thereunder.
"Confirmation" means the confirmation under the Swap Agreement for a notional
amount equal to the aggregate principal amount of Bonds Outstanding.
"Cost" means the cost of the acquisition of all equipment, lands, structures, rights -of-
way, franchises, easements and other property rights and interests acquired by the Issuer or a
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Participant for a Project; the cost of demolishing, removing or relocating any buildings or
structures on lands so acquired, including the cost of acquiring any lands to which such buildings
or structures may be moved or relocated; the cost of all labor, materials, machinery and
equipment, financing charges, interest prior to and during construction and for such a limited
period after completion of such construction as may be approved by the Administrator with a
Favorable Opinion of Bond Counsel (not to exceed one year after completion of the Project), the
cost of engineering, financial and legal services, plans, specifications, studies, surveys, estimates
of costs and revenues, other expenses necessary or incident to determining the feasibility or
practicability of constructing a Project; administrative expenses; and such other expenses as may
be necessary or incident to the construction of a Project, the financing of such construction and
the placing of such Project in operation; provided, however, that such term shall not include such
items as fuel, supplies or other items which are customarily deemed to result in a current
operating charge.
"Costs of Issuance" means the costs of preparing, issuing, selling, delivering and closing
the Bonds, including all printing expenses in connection with this Indenture, the Loan
Agreements, the preliminary and final Official Statement, any initial fees of the Swap
Counterparty or a swap structuring fee, any Underwriter's fees not paid in the form of
Underwriter's discount, the fees and expenses of Bond Counsel, counsel to the Trustee, counsel
to the Underwriter, counsel to the Issuer, and other special counsel, any fees and expenses of the
financial advisor to the Issuer, any accounting expenses incurred in connection with determining
that the Bonds are not arbitrage bonds, the Trustee's initial fee for the Bonds, the initial fee of the
Issuer, if any, and the Administrator, the fee of accountants or consultants for verification
services to the Issuer, the costs of program origination and the costs of any market demand study
or survey.
"Costs of Issuance Fund" means the Costs of Issuance Fund established pursuant to
Section 4.02 of the Indenture.
"Counsel" means an attorney duly admitted to practice law before the highest court of
any state and, without limitation, may include legal counsel for either the Issuer or the
Participant.
"Default Rate" means a rate equal to the Prime Rate plus three percent (3 %), which rate
shall change as and when such Prime Rate changes; however, such rate shall not exceed the
highest rate permitted by law, nor be less than the Participant Rate.
"Disbursement" means any disbursement of funds to the Participant by the Trustee from
the Participant's Reservation Account or Renewal Account established under the Indenture as
provided in Article III of this Loan Agreement.
"Event of Default" shall have the meaning ascribed to such term in Section 10.01 of this
Loan Agreement.
5
. "Extraordinary Expenses" means the fees, costs, and expenses more fully defined and
described in Section 5.02(c) of this Loan Agreement.
"Funding Amount" means the Initial Amount, less the Participant's Pro Rata Share of
the Costs of Issuance and less the initial deposit to the Participant's Reserve Account, which is
the amount made available by the Issuer to or on behalf of the Participant by deposit to the
Participant's Reservation Account.
"Indenture" means the Trust Indenture by and between the Issuer and the Trustee dated
as of March 1, 2001, relative to the Program.
"Initial Amount" means the aggregate principal amount stated as the Initial Amount in
Section 3.01 of this Loan Agreement, which shall be equal to an authorized denomination of
Bonds, the net proceeds of which, after payment of the Pro Rata Share of the Costs of Issuance
and less the initial deposit to the Participant's Reserve Account are made available by the Issuer
to or on behalf of a Participant by deposit to a Reservation Account for such Participant and
which is subject to adjustment as provided in Section 3.06 of this Loan Agreement.
"Issuer" means the Florida Intergovernmental Finance Commission.
"Loan" means the loan to the Participant by the Issuer from the Proceeds of the Bonds in
the Initial Amount.
"Loan Agreement" or "Agreement" means this Loan Agreement, including the
Exhibits attached hereto and any amendments hereto.
"Loan Payment Period" shall mean (i) during any period when the Issuer is not
obligated to make variable rate payments under the Swap Agreement, the semiannual periods
ending on each Bond Payment Date and (ii) during the period when the Issuer is obligated to
make variable rate payments under a Swap Agreement, the period commencing on each Swap
Payment Date and ending on the day immediately preceding the next Swap Payment Date.
"Loan Repayment Date" means four (4) Business Days prior to the I" day of each
month, commencing 1, 2001.
"Loan Term" means the term provided for in Article IV of this Loan Agreement.
"Non -Ad Valorem Revenues" shall mean all general fund revenues of the Participant
derived from any source other than ad valorem taxation on real or personal property which are
legally available to make the payments required under this Loan Agreement.
"Participant Note" means the promissory note in substantially the form attached to this
Loan Agreement as Exhibit B, made by the Participant and payable to the Issuer and providing
for Repayments, and any promissory note issued in substitution or exchange therefor.
0
0 "Participant Notional Amount" means the portion of the notional amount set forth in
the Confirmation which is allocable to a Participant based on such Participant's Pro Rata Share.
"Participant Rate" means, at any point in time, the applicable rate of interest on the
Participant's Participant Note. The Participant Rate for each Loan Payment Period shall be (i)
during any period when the Issuer is not obligated to make variable rate payments under the
Swap Agreement or the Swap Counterparty has failed to carry out its obligations, the fixed rate
per annum equal to the interest rate on the Bonds, plus not to exceed basis points
(0._ %) per annum, such amount to be determined by the Administrator at the time the Issuer is
not obligated to make variable rate payments under a Swap Agreement, and (ii) during the period
when the Issuer is obligated to make variable rate payments under a Swap Agreement, a variable
rate per annum determined and reset weekly equal to the Weekly Rate, calculated as provided in
Section 5.04(b) of the Indenture, plus basis points (0._ %) per annum; however, upon
the conditions specified in this Loan Agreement following the occurrence of an Event of Default
under this Loan Agreement, the interest rate thereon shall be increased to a rate per annum equal
to the Default Rate. Said Default Rate shall be based upon a 365/366 day year for the actual days
elapsed and shall change when and as the Prime Rate shall change. The Participant Rate shall
never exceed the Maximum Rate.
"Person" means (a) any individual, (b) any corporation, partnership, limited liability
company, joint venture, association, joint -stock company, business trust or unincorporated
organization or grouping of any such entities, in each case formed or organized under the laws of
the United States of America, any state thereof or the District of Columbia or (c) the United
States of America or any state thereof, or any other governmental entity of the United States of
America or of any state thereof or any agency, authority or other instrumentality of any of the
foregoing.
"Prepayment" means the payment in whole or in part of the principal amount of the
Loan and the Participant Note as provided in Section 8.01 hereof.
"Prime Rate" shall mean the consensus New York Prime Rate, which term refers to the
fluctuating rate of interest charged to the largest and most credit -worthy industrial customers on
unsecured notes of ninety (90) days maturity as set by a consensus of New York banks, as such
rate is published in The Wall Street Journal, as the same is adjusted from time to time, effective
as of the date of publication of any change therein.
"Project" means any qualified capital project or projects of the Participant, the financing
of which constitutes a "project ", as such term is defined in Section 166.01(8), Florida Statutes, as
amended (including, without limitation, the construction of public works and infrastructure and
acquisition of necessary equipment), all or a portion of the Costs of which are financed or
refinanced by the Issuer pursuant to the Indenture and a Loan Agreement.
"Pro Rata Share" means a fraction the numerator of which is the Participant's Initial
Amount as of the date of calculation and the denominator of which is the sum of the Initial
Amounts as of the date of calculation of all Loans from the Program to Participants.
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"Ratings Event" means as to any Participant that (i) the rating on its long -term debt has
been withdrawn or downgraded below the rating on the Bonds or (ii) the rating on the long -term
debt of the credit enhancer, if any, for such Participant's Loan has been withdrawn or
downgraded below the rating on the Bonds.
"Reimbursed Expenditures" means amounts, if any, used from proceeds and
investment earnings thereon to reimburse a Participant for an expenditure paid prior to the
Closing Date.
"Reimbursement Allocation" means the act of allocating Reimbursed Expenditures as
described herein.
"Related Documents" means this Loan Agreement, the Participant Note and the Tax
Agreement.
"Renewal Account" means the Participant's account by that name held by the Trustee
and established pursuant to Section 4.02 of the Indenture.
"Repayments" means the scheduled payments of principal and interest on the Loan and
any other amounts payable by the Participant pursuant to the provisions of this Loan Agreement
and the Participant Note.
"Request for Advance" means a written request by an Authorized Officer of the
Participant for an Advance under Section 3.02 of this Loan Agreement in the form of Exhibit F
hereto stating the amount of the Advance requested, identifying the Project or otherwise
describing the intended use of the moneys to be advanced.
"Reservation Account" means an account by that name for the Participant held by the
Trustee and established pursuant to Section 4.02 of the Indenture.
"Resolution" means that certain resolution or ordinance, duly adopted by the governing
body of the Participant on March _, 2001, authorizing this Loan Agreement and the Participant
Note, the form of which is attached hereto as Exhibit C.
"State" means the State of Florida.
"Swap Agreement" means the ISDA Master Agreement dated March _, 2001, between
the Issuer and Morgan Guaranty Trust Company of New York, together with the Confirmation
thereunder.
"Swap Counterparty" means Morgan Guaranty Trust Company of New York as the
provider of the Swap Agreement.
"Tax Agreement" means the Arbitrage Certificate of the Issuer and the Arbitrage Rebate
Agreement by and among the Participant, the Issuer and the Trustee, each dated as of the date of
0
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delivery of the Bonds, as the same may be amended from time to time in accordance with its
terms.
"Trustee" means [TRUSTEE], a.
any successor thereto under the Indenture.
as trustee under the Indenture, or
"Weekly Rate" means the TBMA Index established weekly for each Weekly Rate Period
in accordance with Section 5.04(b) of the Indenture.
"Weekly Rate Period" means for any period in which the Participant Rate is the variable
rate of interest based on the Weekly Rate as described in clause (ii) of the first sentence of the
definition of "Participant Rate ", and except for the initial Weekly Rate Period as provided herein,
the period commencing on Thursday (or if the date of determination is not a Wednesday or such
Thursday is not a Business Day, on the next following Business Day) and ending on the next
succeeding date of determination, or if earlier, on the last day of the Weekly Rate Period.
N
0 ARTICLE II
REPRESENTATIONS AND COVENANTS OF BORROWER
Section 2.01 Representations of the Participant. The Participant represents for the
benefit of the Issuer, the Trustee, the Swap Counterparty and the Bondholders as follows:
(a) Organization and Authority.
(1) The Participant is a municipality, duly created and validly existing in good
standing pursuant to the constitution and statutes of the State.
(2) The Participant has full legal right and authority and has taken all action
and obtained all necessary approvals required as of the date hereof to enter into this Loan
Agreement and the Related Documents, to adopt the Resolution and issue the Participant Note, to
undertake and complete the Project, to finance the Project in the manner contemplated herein and
to carry out and consummate all transactions contemplated by this Loan Agreement.
(3) The Resolution approving the Related Documents and authorizing their
execution and delivery on behalf of the Participant, authorizing the issuance, sale and delivery of
the Participant Note, and authorizing the Participant to undertake and complete the Project has
been duly and lawfully adopted at a meeting or meetings duly called, noticed, and held at which
quorums were present and acting throughout and such meeting or meetings were duly called
40 pursuant to necessary public notice and held in accordance with the sunshine law and any other
applicable laws.
(4) The Related Documents have each been duly authorized, executed and
delivered by an Authorized Officer of the Participant; and (assuming that the Issuer has all the
requisite power and authority to execute and deliver, and has duly authorized, executed and
delivered, this Loan Agreement) this Loan Agreement, the Resolution and the Participant Note
constitute the legal, valid and binding obligations of the Participant enforceable in accordance
with their respective terms subject to future proceedings under municipal bankruptcy,
reorganization, debt arrangements, insolvency, moratorium, or other laws of general application
or principles of equity relating to or affecting the enforcement of creditors' rights.
(5) The Participant is duly authorized and empowered to issue the Participant
Note; and the Participant Note, the payment of principal and interest thereon, and all other
amounts payable hereunder or under the Participant Note, are valid and enforceable special and
limited obligations of the Participant, payable solely from the Non -Ad Valorem Revenues in the
manner hereinafter provided.
(b) Full Disclosure. There is no fact known to the Participant that the Participant has
not specifically disclosed in writing to the Issuer or the Administrator that materially and
adversely affects or (so far as the Participant can now foresee), except for pending or proposed
legislation or regulations that are a matter of general public information affecting Persons
generally, that will materially and adversely affect the properties, activities, prospects or
10
condition (financial or otherwise) of the Participant or the ability of the Participant to perform its
obligations under this Loan Agreement and the Related Documents.
The current financial statements of the Participant, including balance sheets and the other
statements referred to in Section 2.02(g) of this Loan Agreement, and any other written statement
furnished by the Participant to the Issuer (or the Administrator acting on the Issuer's behalf) do
not contain any untrue statement of a material fact or omit to state a material fact necessary to
make the statements contained therein or herein not misleading. There is no fact known to the
Participant which the Participant has not disclosed to the Issuer (or the Administrator acting on
the Issuer's behalf) and the Swap Counterparty in writing which materially affects adversely or is
likely to materially affect adversely the financial condition of the Participant, its ability to own
and operate its property in the manner such property is currently operated or its ability to budget
and appropriate for, and make the payments on, the Participant Note and under this Loan
Agreement when and as the same become due and payable.
(c) Pending Litigation. There is no litigation or legal or governmental action, inquiry,
investigation or proceedings pending, or to the knowledge of the Participant threatened, against
or affecting the Participant, except as specifically described in writing to the Issuer, in any court
or before any governmental authority or arbitration board or tribunal that, if adversely
determined, would materially and adversely affect the properties, prospects or condition
(financial or otherwise) of the Participant, or the corporate existence or powers or ability of the
Participant to enter into and perform its obligations under the Related Documents.
(d) No Conflict With Laws and Agreements. The execution and delivery of the
Related Documents, the performance by the Participant of its obligations hereunder and
thereunder, the consummation of the transactions provided for in the Related Documents,
compliance by the Participant with the provisions of the Related Documents and the undertaking
and completion of the Participant's Project do not and will not conflict with or result in any
material breach of any of the terms, conditions or provisions of, or constitute a default under, or
result in the creation or imposition of any lien, charge or encumbrance upon, any property or
assets of the Participant pursuant to any indenture, loan agreement or other agreement or
instrument (other than this Loan Agreement) or corporate restriction to which the Participant is a
party or by which the Participant, its properties or operations may be bound or with the giving of
notice or the passage of time or both would so constitute a breach or default or so result in the
creation or imposition of any lien, charge or encumbrance, which breach, default, lien, charge or
encumbrance could materially and adversely affect the validity or the enforceability of the
Participant Note or this Loan Agreement or the Participant's ability to perform fully its
obligations under the Participant Note or this Loan Agreement; nor will such action result in any
violation of the provisions of or any laws, ordinances, governmental rules or regulations or court
or other governmental orders to which the Participant, its properties or operations are subject.
(e) No Defaults. No event has occurred and no condition exists that constitutes an
Event of Default or which, upon the execution and delivery of this Loan Agreement and the
Participant Note and/or the passage of time or giving of notice or both, would constitute an Event
of Default. The Participant is not in violation in any material respect, and has not received notice
11
of any claimed material violation (except such violations as (i) heretofore have been specifically
disclosed in writing to, and have been in writing specifically consented to by, the Issuer or the
Administrator on its behalf) and (ii) do not, and shall not, have any material adverse effect on the
transactions herein contemplated and the compliance by the Participant with the terms hereof or
the Participant Note), of any terms of any agreement, or other instrument to which it is a party or
by which it, its properties or operations may be bound.
(f) Governmental Consent. The Participant has obtained, or will obtain prior to any
Advance relating thereto, all approvals required by any governmental body or officer for the
adoption of the Resolution, the issuance of the Participant Note and the making and performance
by the Participant of its obligations under this Loan Agreement or for the undertaking or
completion of the Project, the financing thereof or the reimbursement of the Participant therefor,
or the use of such Project. The financing of the Project as contemplated by this Loan Agreement
and the Resolution is consistent with the terms of any such governmental consent, order or any
action applicable thereto. No consent, approval or authorization of, or filing, registration or
qualification with, any governmental authority that has not been obtained is required on the part
of the Participant as a condition to the execution and delivery of the Participant Note or this Loan
Agreement, or the undertaking or completion of the Participant's Project, the adoption of the
Resolution or the consummation of any transaction herein contemplated. No consent, approval
or authorization of, or filing, registration or qualification with, any governmental authority is
required on the part of the Participant as a condition to the execution and delivery of or the
performance of its obligations under this Loan Agreement or to the issuance of the Participant
Note.
(g) Compliance With Law.. The Participant is in compliance with all laws,
ordinances, governmental rules and regulations to which it is subject, the failure to comply with
which would materially adversely affect the ability of the Participant to conduct its activities or
the condition (financial or otherwise) of the Participant.
(h) Use of Proceeds. Except to the extent that the Participant shall deliver to the
Issuer, the Trustee and the Administrator a Favorable Opinion of Bond Counsel with respect to
the failure of the Participant to comply with any of the agreements on its part contained in the
following paragraphs, the Participant represents and agrees that it will apply the proceeds of the
Loan solely for the financing or refinancing, or to reimburse itself, for the Costs of the Project, all
as provided in the Resolution and the Tax Agreement. The Participant will not use any of the
proceeds of the Loan in any manner that would cause the Bonds to be "arbitrage bonds" within
the meaning of Section 148 of the Code and the regulations promulgated thereunder and will take
such actions as are necessary and within its power to assure that the interest on the Bonds will
not be subject to federal income taxation by virtue of the Bonds being arbitrage bonds. In this
regard, the Participant will follow the written directions of Bond Counsel if, in the opinion of
such Bond Counsel, such directions are needed to maintain the tax- exempt status of the Bonds.
The Participant will apply the Funding Amount solely for the financing or refinancing of
or to reimburse itself for the Cost of the Project as set forth in Exhibit A hereto. With the
consent of the Administrator, the Participant may amend Exhibit A to provide for the financing
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or refinancing of different or additional Projects if the Participant, after the date hereof, deems it
not to be in the interest of the Participant to acquire, construct, improve, finance or refinance any
Project or the Cost of the Project proves to be less than the amounts listed on such Exhibit A;
provided, however, the Participant shall deliver to the Issuer, the Trustee and the Administrator a
Favorable Opinion of Bond Counsel with respect to the financing or refinancing of different or
additional Projects.
(i) Project. The Project and the financing or refinancing thereof pursuant to the terms
hereof constitutes a "project" as such term is defined in Section 166.01(8), Florida Statutes, as
amended.
0) Credit Rating. The Participant's present long -term general obligations are rated
by Moody's.
Section 2.02 Covenants of Participant
(a) Maintenance and Use of the Project. The Participant will maintain the Project in
good condition and make all necessary renewals, replacements, additions, betterments and
improvements thereto.
(b) Insurance. The Participant shall obtain and maintain the insurance required in
Exhibit E hereto.
(c) Performance of this Loan Agreement. The Participant agrees (i) to cooperate with
the Issuer in the performance of the respective obligations of such Participant and the Issuer
under this Loan Agreement; (ii) subject to the provisions of this Loan Agreement, to collect
currently authorized governmental charges and other revenue sufficient to enable the Participant
to pay when due the amounts payable under, and sufficient to fulfill the terms and provisions of,
this Loan Agreement; and (iii) to deliver to the Issuer and any designee any report or certificate
required to comply or to evidence compliance with requirements imposed hereby.
(d) Inspections. The Participant shall permit the Issuer, the Trustee and the
Administrator and any party designated by any of such parties to examine, visit and inspect, at
any and all reasonable times, the Project, and to inspect and make copies of any accounts, books
and records, including (without limitation) its records regarding receipts, disbursements,
contracts, investments and any other matters relating thereto (other than documents the
confidentiality of which is protected by law or professional codes of ethics) and to its financial
standing, and shall supply such reports and information as the Issuer, the Trustee or the
Administrator may reasonably require in connection therewith.
(e) Cost of Project. The Participant certifies that the Cost of the Project is a
reasonable and accurate estimation and upon direction of the Issuer will supply the same with a
certificate from an independent Person acceptable to the Issuer stating that such Cost of the
Project is a reasonable and accurate estimation.
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(f) Project. Moneys which will be made available from this Loan Agreement and
other sources will be sufficient to complete and pay for the Project or the refinancing thereof.
(g) Delivery of Information. The Participant will deliver to the Trustee, the
Administrator, the Rating Agency and the Swap Counterparty as soon as available and in any
event within 180 days after the end of the Participant's fiscal year, an audited statement of the
consolidated financial position of the Participant as of the end of such fiscal year and the related
statements of revenues and expenses, fund balances and changes in fund balances for such fiscal
year, setting forth in each case in comparative form the figures for the previous fiscal year, all
reported on by licensed, independent certified public accountants, whose report shall state that
such financial statements present fairly the financial position as of the end of such fiscal year and
the results of operations and changes in financial position for such fiscal year.
(h) Information. The Participant shall notify the Trustee, the Administrator, the
Rating Agency and the Swap Counterparty of any materially adverse event affecting the
Participant's credit rating or its ability to repay the Loan. The Participant's [clerk, chief
executive officer or chief financial officer] shall, at the reasonable request of the Administrator
and the Swap Counterparty discuss the Participant's financial matters with the Administrator and
the Swap Counterparty and provide copies of any documents furnished by the Participant to any
credit rating service.
(i) Indemnity. Without waiver of any right the Participant may have under the laws
of the State relating to sovereign immunity, to the extent permitted by law, the Participant will
pay and will protect, indemnify and save the Issuer and the Trustee, each member, officer,
commissioner, employee, representative, agent and counsel of the Issuer and the Trustee, and
each other person, if any, who has the power, directly or indirectly, to direct or cause the
direction of the management and policies of the Issuer and the Trustee, harmless from and
against, any and all liabilities, losses, damages, costs and expenses (including reasonable
attorneys' fees), suits, claims and judgments of whatsoever kind and nature (including those in
any manner directly or indirectly arising or resulting from, out of or in connection with any injury
to, or death of, any person or any damage to property resulting from the use or operation of the
Project) in any manner directly or indirectly (in any case, whether or not by way of the
Participant, its successors and assigns, or directly or indirectly through the agents, contractors,
employees, licenses or otherwise of the Participant or its successor and assigns) arising or
resulting from, out of or in connection with the Project or the breach or violation of any
agreement, covenant, representation or warranty of the Participant set forth in this Loan
Agreement or the Participant Note or any document delivered pursuant hereto or thereto or in
connection herewith or therewith.
An indemnified person shall promptly notify the Participant in writing of any claim or
action brought against it, in respect of which indemnity may be sought against the Participant,
setting forth, to the extent reasonably practicable under the circumstances, the particulars of such
claim or action, and the Participant will promptly assume the defense thereof, including the
employment of competent counsel satisfactory to such indemnified person and the payment of all
expenses.
14
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An indemnified person may employ separate counsel with respect to any such claim or
action and participate in the defense thereof, but, except as provided herein, the fees and
expenses of such separate counsel shall not be payable by the Participant unless such
employment has been specifically authorized by the Participant or unless such employment was
occasioned by conflicts of interest between and among indemnified persons and/or the
Participant. If the Participant shall fail to assume the defense of any action as required
hereunder, or, within a reasonable time after commencement of such action, to retain counsel
satisfactory to the indemnified person, the fees and expenses of counsel to such indemnified
person hereunder shall be paid by the Participant.
The provisions of this paragraph (i) shall survive the termination of this Loan Agreement
and the payment in full of the Participant Note.
6) Insurance and Condemnation Proceeds. The Participant shall not make any
disposition nor direct the disposition of insurance or condemnation payments with respect to the
Project without the written consent of
(k) Location of Project. The Project will be used or based within the jurisdiction of
the Participant.
(1) Further Assurance. The Participant shall execute and deliver to the Trustee and
the Issuer all such documents and instruments and do all such other acts and things as may be
necessary or reasonably required by the Trustee or the Issuer to enable the Trustee, the Swap
Counterparty or the Issuer to exercise and enforce its respective rights under this Loan
Agreement and to realize thereon, and record and file and rerecord and refile all such documents
and instruments, at such time or times, in such manner and at such place or places, all as may be
necessary or required by the Trustee, the Swap Counterparty or the Issuer to validate, preserve
and protect the position of the Trustee, the Swap Counterparty or the Issuer under this Loan
Agreement; provided that nothing herein shall be deemed to authorize, grant or create any
encumbrance or lien upon any property or assets of the Participant.
(m) Keeping of Records and Books of Account. The Participant shall keep or cause to
be kept proper records and books of account, in which correct and complete entries will be made
in accordance with generally accepted accounting principles, consistently applied (except for
changes concurred in by the Participant's independent auditors) reflecting all of its financial
transactions.
(n) Compliance With Laws, Etc. The Participant shall comply with the requirements
of all applicable laws, the terms of all grants, rules, regulations and orders of any governmental
authority noncompliance with which would, singly or in the aggregate, materially and adversely
affect its business, properties, earnings, prospects or credit, or the enforceability of this Loan
Agreement or the Participant Note unless the same shall be contested by it in good faith and by
appropriate proceedings which shall operate to stay the enforcement thereof.
15 1
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(o) Tax- Exempt Status of Bonds and the Participant Note. The Issuer and the
Participant understand that it is the intention hereof that the interest on the Bonds and the
Participant Note be excludable from the gross income of the holders thereof for federal income
tax purposes. In furtherance thereof, . the Participant agrees that it will take all action within its
control which is necessary in order for the interest on the Bonds and the Participant Note to
remain excludable from federal income taxation and shall refrain from taking any action which
results in such interest becoming so taxable.
The Participant covenants that neither it nor any related person, as contemplated by
Section 1.148 -1 (b) of the U.S. Treasury Regulations under the Code, shall, pursuant to an
arrangement, formal or informal, purchase obligations of the Issuer in an amount related to the
amount of the Loan or the Participant Note delivered in connection with the transaction
contemplated hereby.
The Participant further covenants that it will record or file or cause to be recorded or filed
in such manner and in such places whatever documents as may be required by law to be recorded
or filed in order to protect fully the security of the holders and owners of the Bonds and, if
applicable, the tax- exempt status of such Bonds and the Participant Note, including, but not
limited to, the filing of all reports upon written request of the Issuer as may be required from time
to time pursuant to the Code.
The Participant further covenants that it will not take any action or fail to take any action
with respect to the investment of the proceeds of any Bonds or the Participant Note, with respect
to the payments derived from the Bonds, the Participant Note or hereunder or with respect to the
purchase of other Issuer obligations, which action or failure to act may cause the Bonds or the
Participant Note to be "arbitrage bonds" within the meaning of such term as used in Section 148
of the Code and the regulations promulgated thereunder.
(p) Information Reports. The Participant covenants to provide the Issuer with all
material and information necessary to enable the Issuer to file all reports required under Section
103 of the Code (including the applicable Form 8038 -G) to assure that interest paid by the Issuer
on the Bonds and by the Participant on the Participant Note shall be excludable from all federal
income taxation.
(q) Tax Agreement. The Participant shall comply in all respects with the Tax
Agreement, and shall take no action except as expressly permitted herein, which would cause the
representations contained therein not to be true and correct on a continuing basis. The
Participant covenants that it shall not take any action or inaction, nor fail to take any action or
permit any action to be taken, if any such action or inaction would adversely affect the exclusion
from gross income for federal income tax purposes of the interest on the Bonds or the Participant
Note under Section 103 of the Code.
(r) Ratings Maintenance. The Participant shall take any action reasonably required
by the Rating Agency to maintain the ratings on the Bonds, including without limitation,
16
0 obtaining credit enhancement for its Loan satisfactory to the Rating Agency upon the occurrence
of a Ratings Event.
Section 2.03 Tax Covenants and Representations of the Participant. Unless the
Participant shall furnish the Issuer and the Trustee a Favorable Opinion of Bond Counsel to the
effect that such action will not adversely effect the excludability of interest on the Bonds for
federal income tax purposes, the Participant shall not take any of the following actions:
(a) [intentionally omitted]
(b) No more than five percent (5 %) of the Loan proceeds, and the investment earnings
thereon, will be used, directly or indirectly, to make or finance loans to any persons other than
state or local government units. Moreover, at least ninety -five percent (95 %) of the net proceeds
derived from each Participant Note will be applied to the Project used for the governmental
purposes of the Participant.
(c) No users of the Project other than state or local governmental units will use more
than five percent (5 %) of the Project in the aggregate, on any basis other than the same basis as
the general public; and no person other than a state or local governmental unit will be the user of
more than five percent (5 %) of the Project, in the aggregate, as a result of (i) ownership, (ii)
actual or beneficial use pursuant to a lease or a management, service, incentive payment or
output contract, or (iii) any other similar arrangement, agreement or understanding, whether
written or oral.
(d) For purposes of the foregoing, any subsequent actions are subject to compliance
with the remedial actions rules of Treas. Reg. Section 1.141 -12.
(e) The amounts repaid to the Participant's Renewal Account or Redemption Account
will not be derived from proceeds of the sale of the Bonds or borrowings made by the Participant
and such amounts will be derived from tax collections and other governmental receipts, except
with respect to any refunding or prepayment permitted under the arbitrage regulations.
(f) During the term of the Participant Note, the Project will be used by the Participant
only for the purpose of performing one or more governmental or proprietary functions of the
Participant consistent with the permissible scope of the Participants authority.
(g) The use of the Project is essential to the Participant's proper, efficient, and
economic operation.
(h) The Participant has an immediate need for, and expects to make immediate use of,
all of the Project, which need is not temporary or expected to diminish in the foreseeable future.
(i) There are no circumstances presently affecting the Participant that could
reasonably be expected to alter its foreseeable need for the Project or adversely affect its ability
or willingness to budget and appropriate funds for the payment of amounts due under the
Participant Note.
1
17
0) The inclusion in the Participant Note of the Participant's right to prepay is not
indicative of any present purpose or design on the part of the Participant to prepay or redeem the
Participant Note and acquire additional property or services performing functions similar to the
Proj ect.
(k) The Participant will not take or omit to take any action which will adversely affect
the excludability from gross income of the interest component of the Participant Note payments
under the Code, including any action or omission which will cause the Bonds or the Participant
Note to be an "arbitrage bond" within the meaning of Section 148 of the Code.
(1) [The Participant reasonably expects that the average maturity of the Participant
Note will not exceed one hundred and twenty percent (120°/x) of the average reasonably expected
economic life of the Project pursuant to the Loan Agreement based on when such Project is in
fact acquired.]
(m) The Participant reasonably believes that the term of the Participant Note is
reasonably necessary to accomplish the governmental purposes of the Participant by providing
the Participant the cost of financing or currently refinancing the Project during the term of the
Participant Note on terms and conditions that are beneficial to the Participant, when compared to
other potential means of financing, leasing, or otherwise using such Project.
(n) The Participant intends to pay the Participant Note pursuant to the Loan
Agreement;
(o) The estimated total costs of acquiring the Project and paying related expenses of
executing and delivering the Participant Note will be an amount not less than the principal
component of the Participant Note, together with earnings estimated to be received from
investment of any fund monies pursuant to the Indenture until the Project is acquired.
(p) The acquisition of the Project and the allocation of the net sale proceeds of the
Loan Agreement to expenditures will commence and will proceed with due diligence to
completion.
(q) At least eighty-five percent (85 %) of the net proceeds of the Loan Agreement are
reasonably expected to be allocated to expenditures on the Project within three (3) years of the
date of issuance of the Bonds.
(r) The Participant does not reasonably expect that any of the Project will be sold,
encumbered, or otherwise disposed of, in whole or in part, except such parts or portion thereof
that may be disposed of due to normal wear, obsolescence, or depreciation, prior to the maturity
of the Participant Note.
(s) Amounts disbursed from the Participant's Reservation Account or Renewal
Account will be expended solely to pay the costs of the acquisition of the Project and related
costs.
FF.,
(t) The Participant does not expect to create or establish any sinking fund or similar
fund with respect to the Participant Note with respect to which there can be any assurance that
moneys will be available therein to pay the Loan in the event that the Participant encounters
financial difficulty.
(u) No amounts in the accounts or funds of the Participant are reserved or pledged for
Participant Note payments, and it is not expected that any accounts or funds will be used, nor is
there any reasonable assurance that any portion of any accounts or funds will be available for
Participant Note payments if the Participant encounters financial difficulty.
(v) No security, as defined in Sections 165(g)(2)(A) and (B) of the Code, any other
obligations (other than a tax- exempt bond), any annuity contract, or any other property that is
held principally as a passive vehicle for the production of income will be pledged as security for
the payment of the Participant Note payments.
(w) None of the proceeds of the Loan Agreement is expected to be used directly or
indirectly to replace funds which were or are to be used directly or indirectly to acquire
securities, obligations (other than tax- exempt bond), any annuity contract, or other property that
is held principally as a passive vehicle for the production of income which are expected to
produce a yield which is materially higher than the yield produced by the Loan Agreement.
(x) None of the proceeds of the Loan Agreement will be allocated to reimburse the
Participant for any expenditures (i) that were originally paid before the date of issuance of the
Bonds from another source, unless the representations set forth in Section 2.04 are true and
correct, or (ii) that were incurred before the period permitted by the arbitrage regulations.
0
(y) The Participant will not use the proceeds of any Loan as a tax anticipation note,
bond anticipation note or revenue anticipation note unless the Participant certifies that it has
complied with the capital deficit rules of the arbitrage regulations and has received a Favorable
Opinion of Bond Counsel.
Section 2.04 Reimbursement Representations. Under certain circumstances
described below, a Participant may be entitled to use proceeds of the Loan to reimburse the
Participant for an expenditure paid prior to the date of issuance of the Bonds.
If the Participant wishes to use proceeds of the Loan to obtain reimbursement for an
expenditure paid prior to the Closing Date hereof, the Participant will make a Reimbursement
Allocation to allocate a portion of the Loan proceeds and investment earnings thereon to the
Reimbursed Expenditures incurred in connection with the Project and will, after such
Reimbursement Allocation, treat such proceeds as being spent. In.support of the Reimbursement
Allocation, the Participant hereby represents as follows:
(a) Certain Reimbursed Expenditures (the "Preliminary Expenditures ") relate to
architectural, engineering, surveying, soil testing, and similar costs that were incurred prior to
commencement of the acquisition, construction, or rehabilitation of the Project and do not
19
include any costs related to land acquisition, site preparation and similar costs incident to
commencement of construction.
(b) The amount of Preliminary Expenditures does not exceed twenty percent (20 %) of
the Loan proceeds being used to finance the portion of the Project with respect to which the
Preliminary Expenditures were incurred.
(c) Except as described in (g) below, in the case of non - Preliminary Expenditures, the
Participant has adopted an official intent (within the meaning of Treasury Regulations Section
1.150 -2(e)) to reimburse such expenditures not later than sixty (60) days after the date such
expenditures were paid. At the time the official intent described above was declared, the
Participant reasonably expected to reimburse the non - Preliminary Expenditures related thereto
with the proceeds of a future borrowing.
(d) The Participant will allocate Loan proceeds in an amount to reimburse the
Reimbursed Expenditures. Except as described in (g) below, and except in the case of
Preliminary Expenditures, the Participant will be advanced the Loan proceeds from the
Reservation Account within eighteen (18) months after the later of (i) the first date on which a
Reimbursed Expenditure was paid or (ii) the first date on which the property relating to a
Reimbursed Expenditure was placed -in- service or abandoned, but in no event more than three
years after the first date on which a Reimbursed Expenditure was paid. If the Participant
qualifies for the small issuer exception to rebate, except as described in (g) below, and except in
the case of Preliminary Expenditures, the Participant will be advanced the Loan proceeds from
the Reservation Account within three years after the later of (i) the first date on which a
Reimbursed Expenditure was paid or (ii) the first date on which the property relating to a
Reimbursed Expenditure was Placed -in- Service or abandoned.
(e) All Reimbursed Expenditures will represent capital expenditures or costs of
issuance.
(f) No Reimbursement Allocation will employ any action that results in the Issuer or
any Participant issuing more bonds, issuing bonds earlier, or allowing bonds to remain
outstanding longer than is reasonably necessary to accomplish the relevant governmental
purposes, based upon all of the facts and circumstances.
(g) The restrictions in (c) and (d) above do not apply to (i) Costs of Issuance or (ii) an
amount not in excess of $100,000.
[Remainder of Page Intentionally Left Blank]
20
ARTICLE III
THE LOAN
Section 3.01 The Loan; Participant Notes. The Issuer hereby agrees to make a Loan
to the Participant in the Initial Amount equal to $ . A portion of the Initial Amount
will be deposited into the Participant's Reservation Account upon the issuance of the Bonds for
the purpose of making Disbursements from time to time to the Participant. The Participant
agrees to requisition for and receive Disbursements from time to time and as evidence of such
Loan the Participant shall issue and deliver the Participant Note to the Issuer for the full amount
of the Initial Amount. The Participant further agrees to repay such Loan by making all payments
due in respect of the Participant Note, together with all other amounts due under this Loan
Agreement and the Indenture. The Participant and the Issuer acknowledge and agree that, subject
to Section 3.01(d) hereof and 8.03(a)(i)(A) hereof, the Participant's Repayments and
Prepayments of the principal component of the Participant Note payments shall be deposited into
the Participant's Renewal Account and shall be available to the Participant for additional
disbursements for Projects under the terms and conditions provided in Section 4.04 hereof.
The acceptance of the Participant Note by the holder from time to time thereof shall be
deemed an agreement between the Participant and such holder that the obligation to pay such
Participant Note and the other amounts payable in connection herewith shall not constitute a lien
upon any property or funds of the Participant, but shall be subject to payment from the Non -Ad
Valorem Revenues, in the manner herein provided.
Section 3.02 Funding the Loan. The Trustee, as the agent of the Issuer, on the Closing
Date shall transfer a portion of the Initial Amount from amounts on deposit in the Acquisition
Fund to a Reservation Account for the Participant in accordance with the Indenture. Participant
acknowledges that the amount to be deposited in the Participant's Reservation Account (net of
the Participant's Pro Rata Share of Costs of Issuance and of the initial deposit to the Participant's
Reserve Account) shall be $ , the Funding Amount. The Funding Amount in the
Participant's Reservation Account will be made available by the Issuer to the Participant for a
period not to exceed sixty (60) months to fund Disbursements from time to time as directed by
the Participant to finance the Cost of Projects. Amounts on deposit in such Reservation Account
shall belong to and be held for the benefit of the Participant, be subject to a first and prior pledge
securing the Participant Note and this Loan Agreement, and shall be disbursed in whole or in part
from time to time upon receipt by the Trustee of a Request for Advance in the form of Exhibit F
hereto. Each Request for Advance shall be for a minimum amount of [$100,000]. The
Participant shall deliver a copy of each Request for Advance submitted to the Trustee to the
Administrator on the date the request is submitted to the Trustee. Other than amounts in the
Participant's Reservation Account or in the Participant's Renewal Account, or Repayments or
Prepayments of principal by the Participant on deposit in the Redemption Fund, all as provided
in the Indenture, the Participant shall have no legal or equitable interest in the proceeds of the
Bonds or in any amounts from time to time on deposit in the funds and accounts created by the
Indenture. The proceeds provided to the Participant shall be used strictly in accordance with
Section 2.01(h) hereof.
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Section 3.03 No Warranty Of Sufficiency. None of the Issuer, the Trustee, or the
Administrator, in any way warrants or represents that the Initial Amount will be sufficient to
finance the entire Cost of the Project. In the event the proceeds of the Loan are insufficient to
defray the entire Costs of the Project, the Participant shall nevertheless pay all such Costs, from
such sources as may be available to the Participant; and the Participant shall not be entitled to
any abatement, reduction, diminution or postponement of any amounts due hereunder or under
the Participant Note.
Section 3.04 Closing Submissions. The obligation of the Issuer to deposit the Funding
Amount in the Participant's Reservation Account established for the Participant is expressly
subject to the receipt by the Administrator and the Trustee of the documents set forth in Section
4.03 hereof.
Section 3.05 Evidence Of Loan. The Participant's obligation to repay the Initial
Amount due under this Loan Agreement and the Indenture, together with interest thereon at the
Participant Rate shall be evidenced by the Participant Note; and the Participant's obligation to
repay the other payments required under this Loan Agreement shall be evidenced by this Loan
Agreement. In addition, any amounts disbursed to the Participant from the Renewal Account or
from amounts representing Prepayments in the Redemption Fund shall be evidenced by a
supplemental Participant Note in accordance with Section 4.04 hereof.
Section 3.06 Adjustments to Initial Amount.
(a) Notwithstanding anything to the contrary in this Loan Agreement or in the
Indenture, the Participant's Initial Amount shall not be reduced or changed on account of any
Repayment, Prepayment or deemed Prepayment of any portion of the principal amount of the
Participant's Loan until such time, and only to the extent, that either:
(i) such Prepayment or Repayment has been applied to pay, discharge and
redeem an equal principal amount of Bonds, and the notional amount of the Swap Agreement, if
any, then in effect has been reduced by the amount of such payment and discharge of Bond
principal; or
(ii) such Prepayment or Repayment has been applied to make a new Loan to
another Participant or to make an additional Loan to another Participant, thereby establishing an
Initial Amount or increasing the Initial Amount of such other Participant, as the case may be.
The Participant acknowledges that under the Indenture and the Swap Agreement, the
Bonds will not be paid and discharged prior to the final maturity of the Bonds on , 20_,
(and thus the provisions of clause (i) of this Section 3.05(a) will not be satisfied) unless certain
conditions are satisfied and the Swap Agreement can be terminated without a Termination
Payment by the Issuer. There is no assurance that economic conditions at the time of such
repayment or prepayment will allow the Swap Agreement to be terminated without such
Termination Payment.
22
•
(b) Unless and until an adjustment to a Participant's Initial Amount has been made in
accordance with Subsection 3.06(a) above, (i) the amount of any Repayment or Prepayment on
deposit in the Participant's Renewal Account or the Participant's Redemption Account of the
Redemption Fund shall continue to belong to the Participant, subject to application thereof as
provided in the Indenture, and (ii) the Participant shall continue to be obligated to make
Repayments and additional payments in respect of its Initial Amount, subject to receipt of credit
of investment earnings upon such deposits, up to the Permitted Investment Rate, all as provided
in the Indenture.
23
0 ARTICLE IV
LOAN TERM, LOAN CLOSING REQUIREMENTS
AND LOAN AMENDMENT REQUIREMENTS
Section 4.01 Commencement of Loan Term. The Participant's obligations under this
Loan Agreement and the Participant Note shall commence on the Closing Date unless otherwise
provided in this Loan Agreement.
Section 4.02 Termination of Loan Term Subject to Sections 5.06 hereof, the
Participant's obligations under this Loan Agreement and the Participant Note shall terminate
after payment in full of all amounts due under this Loan Agreement and the Participant Note with
Available Moneys, and all amounts not theretofore paid shall be due and payable on
, 20 ; provided, however, that the covenants and obligations expressed herein to
so survive shall survive the termination of this Loan Agreement and the payment in full of the
Participant Note. Upon termination of the Loan Term as provided above, the Issuer and the
Trustee shall deliver, or cause to be delivered, to the Participant the canceled Participant Note.
Section 4.03 Loan Closing Documents. Concurrently with the execution and delivery
of this Loan Agreement, the Participant is providing to or will cause to be provided to the Trustee
the following documents, each dated the date of such execution and delivery unless otherwise
provided (except that the item described in (e) below shall be delivered only to the Trustee):
(a) Certified Resolutions of the Participant in form and substance substantially
identical to Exhibit C to this Loan Agreement; provided, however, that the Administrator may
permit variances in such certified Resolutions from the form and substance of Exhibit C if, in the
good faith judgment of the Administrator, such variance is not to the material detriment of the
interests of the Bondholders;
(b) A certificate of the officials of the Participant who sign this Loan Agreement and
the Participant Note in form and substance substantially identical to Exhibit D to this Loan
Agreement; provided, however, that the Administrator may permit variances in such certificate
from the form or substance of Exhibit D if, in the good faith judgment of the Administrator, such
variance is not to the material detriment of the interests of the Bondholders;
(c) The original executed Participant Note to the Issuer, endorsed to the Trustee;
(d) A certificate signed by the Authorized Officer of the Participant stating (i) the
estimated dates and amounts of projected expenditures for the Project, (ii) that it is reasonably
anticipated by the Participant that the Loan proceeds will be fully advanced therefor and
expended by the Participant (to the extent the Disbursements are not made to reimburse the
Participant for an expenditure already made) prior to a date which is no later than sixty (60)
months after the date of issuance of the Bonds, (iii) that the projected expenditures are based on
reasonable expectations, and (iv) that the proceeds of the Loan are to be used to finance a Project,
the financing of which constitutes an "authorized project" of the Issuer under the Act;
24
•
(e) An opinion (addressed to, and in form and substance acceptable to, the Issuer and
the Trustee) of Bond Counsel, to the effect that the Loan will not jeopardize the excludability of
the interest on the Bonds from federal income tax or adversely affect the validity of the Bonds;
(f) An opinion of the Participant's Counsel in the form of Exhibit G attached hereto
to the effect that the Loan Agreement is a valid and binding obligation of the Participant and
opining to such other matters as may be reasonably required by Bond Counsel and Underwriter's
counsel;
(g) A Form 8038 -G with respect to the Loan;
(h) An Acknowledgment/Receipt of Swap Agreement; and
(i) Such other certificates, documents and information as the Issuer may require.
All opinions and certificates shall be dated the Closing Date.
Section 4.04 Loans from the Participant's Renewal Account. Participant
acknowledges that to the extent provided in the Indenture, the principal portion of the
Participant's Repayments shall be deposited in the Participant's Renewal Account with the
Trustee in accordance with Section 5.01(d) hereof. After all amounts in the Participant's
Reservation Account have been disbursed, the principal amounts, if any, of the Participant's
Repayments in the Participant's Renewal Account may be applied and disbursed for the costs of
additional Projects, provided that the Trustee shall have received the following:
(1) An opinion of Counsel to the effect that (a) the additional Disbursements
have been duly authorized by the governing board of the Participant, (b) the Participant is
authorized by law to acquire or construct such Project and to finance the costs thereof with such
disbursements, (c) the Participant is legally obligated to repay such disbursements in the same
manner as the original principal on the Loan, and (d) such obligation to repay such disbursements
are binding, valid and enforceable against the Participant in accordance herewith and under the
terms of the Participant Note;
(2) A Request for Advance in the form attached hereto;
(3) A Favorable Opinion of Bond Counsel with respect to such Disbursement;
(4) A certificate of Participant with respect to such additional Disbursement,
in the form attached hereto as Exhibit D; and
(5) An executed supplemental Participant Note whereby the Participant
acknowledges in writing that such amounts have been disbursed to the Participant and that the
Participant's obligations with respect to Repayments have been reinstated as to such amounts.
25
•
•
Nothing in this Section 4.04 shall be deemed to apply to the principal amount of any
Repayment that has been applied to reduce the Participant's Initial Amount as provided in
Section 3.06(a)(i) or (a)(ii) hereof.
26
0 j ARTICLE V
LOAN REPAYMENTS
Section 5.01 Repayments.
(a) The principal and interest portions of Repayments are due in the form of payments
on the Participant Note, in accordance with the terms thereof. Payment of all other amounts due
under this Loan Agreement are payable by the Participant directly, upon receipt by the Participant
of a statement thereof. The Participant shall make Repayments due under this Loan Agreement
solely from Non -Ad Valorem Revenues in lawful money of the United States of America to the
Trustee. Payment by the Participant of principal, premium, if any, and interest on the Participant
Note shall constitute Repayments of principal, premium and interest hereunder.
(b) The Loan shall be repaid in installments, consisting of (i) principal payments on
the Participant Note, payable in such amounts on such dates as set forth in the Participant Note,
as shown in Exhibit B hereto; and (ii) interest on the Participant Note at the Participant Rate.
Interest on any past -due Repayment shall accrue at the Default Rate. All Repayments shall be
due as set forth in the Participant Note unless the Participant Note is prepaid in whole or the due
date on the Repayments is accelerated pursuant to Section 10.03 hereof.
(c) In addition to the foregoing, the Participant shall pay to the Trustee for the
account of the Issuer, solely from Non -Ad Valorem Revenues, its Annual Rebate Deficiency
calculated in accordance with Section 4.07(b) of the Indenture and its Pro Rata Share of any
Compliance Charges and the fees of the Trustee and the Rebate Analyst, as set forth in the
Indenture to the extent such payments cannot be made from the Funds established for the
payment thereof under the Indenture.
(d) Payments of interest on the Participant Note shall be deposited by the Trustee into
the Interest Account of the Bond Fund established under the Indenture. Repayments of principal
on the Participant Note shall be deposited into the Participant's Renewal Account; provided,
however, that from and after such time as (i) the Trustee has been notified of a Ratings Event
with respect to the Participant, or (ii) the Participant is unable to provide the Favorable Opinion
of Bond Counsel for Disbursements required pursuant to Section 4.03(h) of the Indenture,
Repayments of principal shall instead be deposited by the Trustee into the Participant's
Redemption Account established under the Indenture. In addition, upon receipt of a notice from
the Participant in accordance with Section 8.01(a) hereof, Repayment of principal shall be
deemed to be Prepayments and shall be deposited to the Participant's Redemption Account.
(e) The Participant recognizes that the initial Participant Rate on the Loan has been
calculated taking into account the payments and receipts under the Swap Agreement, and further
consents and agrees that the portion of the notional amount of the Swap Agreement equal to the
Initial Amount has been entered into for the benefit of the Participant. The Participant hereby
acknowledges that it has received a copy of the Swap Agreement, including the Confirmation
27
and acknowledges that it is responsible for its Participant Notional Amount of the Confirmation
equal to the Initial Amount. The Issuer agrees that it will not amend or modify the Confirmation
to increase the amount thereunder allocable to the Participant, without the prior approval of such
increase, in writing, by the Participant of an increase in the Initial Amount. In the event of a
reduction in the Initial Amount as provided in Section 3.06 hereof, the notional amount of the
Swap Agreement allocable to the Participant shall likewise be reduced.
Section 5.02 Additional Payments. In addition to payments due under Section 5.01,
the Participant agrees to pay to the Trustee solely from Non -Ad Valorem Revenues, upon
demand of the Administrator on behalf of the Issuer, or Trustee the following additional
payments:
(a) the fees and out -of- pocket expenses and disbursements of counsel utilized by the
Issuer and the Trustee in connection with this Loan Agreement, and the Related Documents, the
enforcement thereof upon any default by the Participant;
(b) all taxes and other governmental charges in connection with the execution and
delivery of this Loan Agreement, whether or not any amount due hereunder is then outstanding,
including all recording and filing fees and stamp taxes relating to the pledge and assignment of
the Issuer's right, title and interest in and to this Loan Agreement pursuant to the Indenture (and
with the exceptions noted therein) and all expenses, including attorneys fees, relating to any
amendments, waivers, consents or collection or enforcement proceedings pursuant to the
provisions hereof; and
(c) all Extraordinary Expenses, consisting of-
(i) the Participant's Pro Rata Share of all
(1) fees and expenses (including attorney's fees) of the Trustee and
any paying agent, any registrar, authenticating agent or transfer agent for the Bonds not
included it its regular fees (exclusive of any such fees or expenses occasioned by the
default of another Participant);
(2) amounts owed by the Issuer under the Indenture with respect to any
indemnification obligations to the Trustee or to any other entity under the Indenture
(exclusive of any such amounts owned on account of the default of another Participant);
(3) all amounts owed as costs and expenses of the Issuer or the
Trustee, including fees and expenses of their attorneys and consultants, incurred in
connection with an audit of the Bonds, the Swap Agreement, and Compliance Charges, or
any aspect of the Issuer's pooled loan program by the Internal Revenue Service, the
Department of the Treasury, the Securities and Exchange Commission, or any successor
agency of any of the foregoing or any state agency or department;
(ii) all reasonable fees and expenses of the Issuer or the Trustee relating to this
Loan Agreement and the Swap Agreement including but not limited to:
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(1) the fees and disbursements of counsel utilized by the Issuer and the
Trustee in connection with the Loan, the Loan Agreement and the Participant Note and
the enforcement or administration thereof;
(2) all other out -of pocket expenses of the Trustee and the Issuer in connection
with the Loan, the Loan Agreement, the Swap Agreement and the Participant Note and
the enforcement thereof,
(3) all costs and expenses, fees, charges and other amounts due from the
Issuer to the Swap Counterparty for that portion of the Swap Agreement allocated to the
Participant on the books and records of the Swap Counterparty or the Issuer's or Trustee's
records relating thereto;
(4) any other reasonable fees or expenses of the Issuer or the Trustee generally
in connection with the Bonds, the Participant Notes, the Loans or the Swap Agreement.
(iii) the Termination Payment due upon that portion of the Swap Agreement
allocable to the Participant, upon the failure of the Participant to be in compliance with any
provision hereof which has the effect of causing such Termination Payment to be due.
(iv) all losses resulting from the investment of the Participant's Reservation
Account, the Participant's Renewal Account, or moneys transferred from such accounts to the
Participant's Redemption Account in the Redemption Fund, including market losses, a failure of
the Investment Agreement to provide earnings sufficient to cover the Repayments due hereunder
or payments due on a principal amount of the Bonds or any of the additional payments due under
this Section 5.02, including any costs under the Swap Agreement, losses caused by default of the
Investment Agreement provider(s), losses due to failure of collateral and losses incurred on a
replacement of the Investment Agreement provider, without regard to the party initiating the
replacement.
(d) If the Participant's Reserve Account is reduced or depleted due to a failure by the
Participant to make a payment as herein required, then the Participant shall pay the amount
necessary to pay amounts required to restore the balance in the Participant's Reserve Account to
the Participant's Pro Rata Share of the Reserve Fund Requirement. Such payments shall be
made from Non -Ad Valorem Revenues of the Participant in twelve equal monthly installments,
due on the first Business Day of the month following the date of such reduction, depletion, or
draw.
The Participant agrees to pay interest at the Default Rate to the affected party on any such
additional payments enumerated above not received by the Issuer, the Swap Counterparty, the
Trustee or the Administrator, as the case may be, within ten (10) days of demand therefor.
Section 5.03 Determination of Interest Rate; Interest Limit The determination by
the Calculation Agent in accordance with the Indenture of the TBMA Index at any time, shall be
conclusive and binding on the Participant. Failure by the Trustee to give notice required
29
hereunder, or any defect therein, shall not (i) affect the interest rate borne by the Bonds or the
payment obligations of the Participant hereunder, or (ii) impose any liability on the Trustee to the
Participant.
Notwithstanding the provisions of Sections 3.01, 5.01 and 5.02, the interest on the
Participant Note shall not exceed the Maximum Rate.
For purposes of budgeting for the interest component of the Repayment due each year on
the Participant Note, the Participant covenants and agrees that (A) during any period during
which the provisions of subsection (i) of the definition of Participant Rate are applicable, the
Participant shall budget such interest at an estimated interest rate of percent
(.. %) and (B) during any period during which the provisions of subsection (ii) of the
definition of Participant Rate are applicable, the Participant shall budget such interest an
estimated interest rate at the greater of percent (_ %) or 105% of the highest
Participant Rate during the preceding 52 weeks.
Section 5.04 Obligation To Pay Repayments.
(a) Subject to the provisions of this Section 5.04(a), the Participant hereby
acknowledges, covenants and agrees to budget and appropriate, by amendment, if necessary,
from Non -Ad Valorem Revenues lawfully available in each Fiscal Year, and amounts to pay
when due under this Loan Agreement as promptly as money becomes available directly to the
Trustee, amounts sufficient to pay all Repayments, including without limitation, the amounts due
under Section 5.01 and 5.02 hereof. The Participant hereby covenants that in the event sufficient
amounts, exclusive of the amounts theretofore received from or on behalf of the Participant and
held by the Trustee to satisfy such Repayments on the Participant Loan, have not been paid to the
Trustee, it will, to the extent permitted by law and subject to this Section 5.04, in each year in
which any such deficiency in the Repayments may be due and payable in accordance with this
Loan Agreement, budget and appropriate, by amendment, if required, from legally available Non -
Ad Valorem Revenues, the sums required for payment of such amounts, and apply the same to
the payment thereof.
Such covenant and agreement on the part of the Participant to budget and appropriate
such amounts of legally available Non -Ad Valorem Revenues shall be cumulative, and shall
continue until such legally available Non -Ad Valorem Revenues in amounts sufficient to pay the
Repayments provided for herein in respect of the Initial Amount of the Participant's Loan have
been budgeted, appropriated and actually paid to the Trustee.
Notwithstanding the foregoing covenant of the Participant, the Participant does not
covenant to maintain any services or programs, now provided or maintained by the Participant,
which generate Non -Ad Valorem Revenues.
Such covenant to budget and appropriate does not create any lien upon or pledge of such
Non -Ad Valorem Revenues, nor does it preclude the Participant from pledging in the future its
Non -Ad Valorem Revenues, nor does it require the Participant to levy and collect any particular
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Non -Ad Valorem Revenues, nor does it give the Trustee a prior claim on the Non -Ad Valorem
Revenues as opposed to claims of general creditors of the Participant. Such covenant to budget
and appropriate Non -Ad Valorem Revenues is subject in all respects to the payment of
obligations secured by a pledge of such Non -Ad Valorem Revenues heretofore or hereinafter
entered into (including the payment of debt service on bonds and other debt instruments).
However, the covenant to budget and appropriate in its general annual budget for the purposes
and in the manner stated herein shall have the effect of making available in the manner described
herein Non -Ad Valorem Revenues and placing on the Participant a positive duty to budget and
appropriate, by amendment, if necessary, amounts sufficient to meet its obligations hereunder;
subject, however, in all respects to the restrictions of Section 166.241(3), Florida Statutes, which
provides, in part, that the governing body of each municipality make appropriations for each
Fiscal Year which, in any one year, shall not exceed the amount to be received from taxation or
other revenue sources; and subject further, to the payment of services and programs which are for
essential public purposes affecting the health, welfare and safety of the inhabitants of the
Participant or which are legally mandated by applicable law.
(b) The obligation of the Participant to make payment of Repayments of any amounts
required by this Article V and other Sections hereof from Non -Ad Valorem Revenues and to
perform and observe the other covenants and agreements contained herein, shall be absolute and
unconditional in all events except as otherwise expressly provided in this Loan Agreement,
including this Section 5.04. Subject to the provisions of this Section 5.04, notwithstanding any
dispute between the Participant and the Issuer, the Trustee, the Administrator, the Swap
Counterparty, any Bondholder or any other person, the Participant shall make all payments of
Repayments when due and shall not withhold any Repayments pending final resolution of such
dispute, nor shall the Participant assert any right of set off or counterclaim against its obligation
to make such payments required under this Loan Agreement.
(c) The Participant agrees and covenants with the Issuer that it will not hereafter issue
any obligations payable from the Non -Ad Valorem Revenues or portions thereof, unless there
shall have been filed with the Trustee a certificate of the chief financial officer of the Participant
to the effect that: (i) Non -Ad Valorem Revenues (average of actual receipts over any 12
consecutive months out of the previous 18 months) exceed maximum annual debt service on debt
secured by and/or payable solely from such Non -Ad Valorem Revenues by at least 1.5 times; and
(ii) projected maximum annual debt service requirements for all debt secured by and/or payable
solely from such Non -Ad Valorem Revenues will not exceed 20% of Governmental Fund
Revenues (defined as general fund, special fund, debt service fund and capital projects funds),
exclusive of (i) ad valorem revenues restricted to payment of debt service on any debt and (ii)
any debt proceeds. For the purposes of these covenants maximum annual debt service means the
lesser of the actual maximum annual debt service on all debt or [15 %] of the original par amount
of the debt, in each case, secured by Participant Non -Ad Valorem Revenues. For purposes of
this subsection (c) the rate of interest on debt service on obligations, the interest rate on which
changes at least every 9 months, shall be assumed to be a rate equal to two- thirds of the
maximum rate which such obligations may bear in accordance with the controlling instruments
for such obligations.
31
(d) The Participant's obligation to make payment of Repayments or any other
amounts during the Loan Term shall not be abated through accident or unforeseen circumstances.
The Issuer and the Participant agree that the Participant shall bear all risk of damage or
destruction in whole or in part to the Project or any part thereof, including without limitation any
loss, complete or partial, or interruption in the use, occupancy or operation of the Project, or any
manner or thing which for any reason interferes with, prevents or renders burdensome the use of
the Project or the compliance by the Participant with any of the terms of this Loan Agreement.
Notwithstanding the foregoing, this Section 5.04 shall not limit the rights of the Participant to
recover amounts owing to it, except as specifically set forth herein. Subject to the provisions of
this Section 5.04, the Participant does hereby obligate itself and its successors to budget annually
solely from Non -Ad Valorem Revenues a sum of money sufficient to make Repayments required
by this Loan Agreement, including any principal and/or interest on the Bonds theretofore matured
and unpaid and to collect revenues within the limits prescribed by law from time to time,
sufficient to make such Repayments.
(e) Anything in this Loan Agreement to the contrary notwithstanding, it is understood
and agreed that all obligations of the Participant hereunder shall be payable only from Non -Ad
Valorem Revenues budgeted and appropriated as provided for hereunder and nothing herein shall
be deemed to pledge ad valorem taxation revenues or to permit or constitute a mortgage or lien
upon any assets owned by the Participant and no Bondholder or any other person, including the
Issuer or the Trustee may compel the levy of ad valorem taxes on real or personal property within
the boundaries of the Participant. The obligations hereunder do not constitute an indebtedness of
the Participant within the meaning of any constitutional, statutory or charter provision or
limitation, and neither the Trustee, the Issuer, or the Bondholders or any other person shall have
the right to compel the exercise of the ad valorem taxing power of the Participant or taxation of
any real or personal property therein for the payment by the Participant of its obligations
hereunder. Except to the extent expressly set forth in this Loan Agreement, this Loan Agreement
and the obligations of the Participant hereunder shall not be construed as a limitation on the
ability of the Participant to pledge or covenant to pledge said revenues or any revenues or taxes
of the Participant for other legally permissible purposes. Notwithstanding any provisions of this
Agreement, the Indenture or the Bonds to the contrary, the Participant shall never be obligated to
maintain or continue any of the activities of the Participant which generate user service charges,
regulatory fees or any Non -Ad Valorem Revenues. Neither this Loan Agreement nor the
obligations of the Participant hereunder shall be construed as a pledge of or a lien on all or any
legally available Non -Ad Valorem Revenues of the Participant, but shall be payable solely as
provided herein and is subject in all respects to the provisions of Section 166.241, Florida
Statutes, as amended, and is subject, further, to the payment of services and programs which are
for essential public purposes affecting the health, welfare and safety of the inhabitants of the
Participant, and shall be expressly limited to the Repayments of the Participant and the
Participant shall have no joint liability with any other Participant or the Issuer for any of their
respective liabilities, except to the extent expressly provided hereunder.
(f) The Issuer and the Participant understand that the amounts available to be
budgeted and appropriated to make Repayments hereunder are subject to the obligation of the
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Participant to provide essential services; however, such obligation is cumulative and carries over
from fiscal year to fiscal year.
Section 5.05 Application of Repayments. Repayments of principal and interest on the
Participant Note shall be applied as provided herein and in the Participant Note. Any such
Repayments of the principal amount of the Participant Note shall be held, invested, applied and
disbursed in accordance with the Indenture.
Section 5.06 Agreement To Survive Indenture and Bonds. The Participant
acknowledges that its obligations hereunder shall survive the discharge of the Indenture and
payment of the principal of and interest on the Bonds, if and to the extent that amounts are due
and owing to the Swap Counterparty and any other party entitled to receive the same hereunder
as of the date of such discharge and payment. The Participant also acknowledges that certain
obligations hereunder shall survive the Participant's Prepayment of the Participant Note and shall
remain obligations until the Initial Amount is adjusted as provided in Section 3.06 hereof. The
Participant further acknowledges that obligations hereunder arising from the Swap Agreement
shall survive the Participant's Prepayment of the Participant Note and the redemption of the
Bonds.
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0 ARTICLE VI
•
TITLE TO PROJECT
Section 6.01 Title To Project. Title to the Project will be and remain in the
Participant. The Participant shall have the right to convey the Project to any other Persons,
subject to the limitations contained in other provisions of this Loan Agreement and the Tax
Agreement. If any such conveyance which is not permitted hereby or by the Tax Agreement is
nevertheless undertaken due to unforeseen circumstances or other actions outside the control of
the Participant, the Participant shall prepay its Participant Note and the Trustee shall, subject to
the provisions of the Indenture, use such Prepayments to redeem Bonds prior to maturity on the
next available Redemption Date. The Trustee shall never deposit such Prepayments in the
Renewal Account under the Indenture unless the Participant and the Trustee shall have received a
Favorable Opinion of Bond Counsel with respect to such deposit. The Participant acknowledges
and recognizes that certain obligations hereunder shall survive prepayment of its Participant
Note.
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0 ARTICLE VII
Ll
DISCLAIMER OF WARRANTIES; VENDOR'S WARRANTIES
Section 7.01 Disclaimer of Warranties. NEITHER THE ISSUER, THE TRUSTEE,
NOR THE ADMINISTRATOR MAKES ANY WARRANTY OR REPRESENTATION,
EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION,
MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR FITNESS FOR USE
OF THE PROJECT OR ANY PORTION THEREOF OR ANY WARRANTY WITH RESPECT
THERETO. In no event shall the Issuer, the Administrator or the Trustee be liable for any
incidental, indirect, special or consequential damage in connection with or arising out of the
existence, furnishing, functioning or the Participant's use of the Project or any item or products
or services provided for in this Loan Agreement.
Section 7.02 Warranties. The Participant's sole remedy for the breach of any
warranty, right of indemnification or representation relating to the Project or any part thereof
shall be against the vendors, manufacturers, installers or construction contractors of the Project
and not against the Issuer, the Trustee, any Administrator or any Bondholder, nor shall such
matter have any effect whatsoever on the rights and obligations of the Participant or the Issuer
with respect to this Loan Agreement. The Participant expressly acknowledges that neither the
Issuer, the Trustee, nor any Administrator makes, or has made, any representation or warranties
whatsoever as to the existence or availability of any such warranties of such vendors,
manufacturers, installers and construction contractors.
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0 ARTICLE VIII
OPTION TO PREPAY LOAN REPAYMENTS;
LOAN PREPAYMENT AND RELATIONSHIP TO SWAP AGREEMENT
Section 8.01 Prepayment.
(a) The principal amount of the Loan and the Participant Note shall be subject to
optional prepayment prior to maturity, in whole or in part, on any Business Day, in an amount
equal to the outstanding principal amount thereof, plus accrued interest to the date of redemption.
Thirty (30) days prior written notice of such Prepayment shall be provided by the Participant to
the Trustee and the Administrator clearly stating that such payment is a Prepayment. In the event
of any reductions and deemed Prepayments, the annual principal installments, if any, prior to
maturity, on the Participant Note shall be reduced in inverse order of maturity based upon the
remaining principal outstanding on the Participant Note, as nearly as practical within $5,000
denominations.
(b) Any Prepayment pursuant to any provision of this Loan Agreement shall be made
only from Available Moneys.
(c) After any partial Prepayment, the Trustee shall recalculate principal installments
due under the Participant Note, applying such Prepayment to the Schedule of Principal
Installments attached to the Participant Note, in inverse order of maturity; provided, however,
that no such revision to the schedule of remaining Repayments shall extend the average life of
the Loan in violation of the requirements of the Tax Agreement. Any Prepayment in part shall be
in the minimum principal amount of $100,000.
(d) Prepayments shall be deposited to the Participant's Redemption Account and may
be used by the Trustee to fund additional Loans to other Participants or new Loans to
governmental units which will become Participants or, (ii) to redeem Bonds in accordance with
Section 3.01 of the Indenture. Until such amounts are applied either to fund Loans or new Loans
and increase the Initial Amount of Loans Outstanding, or else to redeem and discharge Bonds in
accordance with Section 3.01 of the Indenture, the provisions of Section 3.06 hereof shall apply.
Upon (i) any Prepayment in whole of the applicable Participant Note with Available Moneys, and
either (ii) (A) the redemption of the Bonds in the amount of the Prepayment, and (B) the
termination of the Participant's Notional Amount of the Swap Agreement or (iii) such amounts
are applied to fund Loans or new Loans and maintain the aggregate Initial Amount of Loans
Outstanding, this Loan Agreement shall terminate, except for the obligations and covenants
expressed herein to survive, as further described herein.
Section 8.02 Prepayment and Swap Agreement. The Participant has no current
expectation that an optional Prepayment shall occur prior to maturity of the Loan. The Issuer
has entered into the Swap Agreement for a period co- terminus with the maturity of the Bonds in
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reliance upon the Participant's representations that no such Prepayment of its Participant Note is
expected and that the Participant's Renewal Account funds will be utilized to finance further
disbursements to the Participant. Upon receipt of the thirty-day notice required by Section
8.01(a) of a Prepayment, the Administrator, on behalf of the Issuer, shall notify the Swap
Counterparty.
UFA
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ARTICLE IX
ASSIGNMENT
Section 9.01 Assignment By Issuer; Administrator. This Loan Agreement, the
Participant Note, and the obligations of the Participant to make payments hereunder and
thereunder may be assigned and reassigned in whole or in part to one or more assignees or
subassignees by the Issuer or the Trustee at any time subsequent to its execution without the
necessity of obtaining the consent of the Participant. The Participant expressly acknowledges
that this Loan Agreement, the Participant Note, and the obligations of the Participant to make
payments hereunder and thereunder (with the exception of certain of the Issuer's rights to
indemnification, fees and expenses) have been assigned to the Trustee as security for the Bonds
under the Indenture and that the Trustee shall be entitled to act hereunder and thereunder in the
place and stead of the Issuer whether or not the Bonds are in default. In addition, the Participant
acknowledges that the Issuer will appoint an Administrator in writing which shall be entitled to
act hereunder in the place and stead of the Issuer, to the extent of such appointment.
Section 9.03 Assignment by Participant. This Loan Agreement and the Participant
Note may not be assigned by the Participant for any reason without the express prior written
consent of the Issuer and Trustee.
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0 ARTICLE X
•
EVENTS OF DEFAULT AND REMEDIES
Section 10.01 Events of Default Defined. The following shall be "Events of Default'
under this Loan Agreement and the terms "Event of Default" and "Default' shall mean (except
where the context clearly indicates otherwise), whenever they are used in this Loan Agreement,
any one or more of the following events:
(a) Failure by the Participant to timely pay any Repayment on the date on which it is
due and payable or upon ten (10) Business Days written notice of any other payment required to
be paid hereunder;
(b) Failure by the Participant to observe and perform any covenant, condition or
agreement on its part to be observed or performed under this Loan Agreement, other than a
covenant referred to in Section 10.01(a) or 10.01(c) through (h), for a period of thirty (30) days
after written notice specifying such failure and requesting that it be remedied is given to the
Participant by the Trustee, unless the Trustee shall agree in writing to an extension of such time
prior to its expiration; provided, however, if the failure stated in the notice can be wholly cured
within a period of time not materially detrimental to the rights of the Issuer or the Trustee, but
cannot be cured within the applicable thirty (30) day period, the Trustee will not unreasonably
withhold its consent to an extension of such time if corrective action is instituted by the
Participant within the applicable period and diligently pursued until the failure is corrected;
(c) Any warranty, representation or other statement by the Participant or by an officer
or agent of the Participant contained in this Loan Agreement, the Participant Note, or in any
instrument furnished in compliance with or in reference to this Loan Agreement or the
Participant Note, is false or misleading in any material respect;
(d) A petition is filed against the Participant under any bankruptcy, reorganization,
arrangement, insolvency, readjustment of debt, dissolution or liquidation law of any jurisdiction,
whether now or hereafter in effect, and is not dismissed within sixty (60) days of such filing;
(e) The Participant files a petition in voluntary bankruptcy or seeking relief under any
provision of any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt,
dissolution or liquidation law of any jurisdiction, whether now or hereafter in effect, or consents
to the filing of any petition against it under any such law;
(f) The Participant admits insolvency or bankruptcy or its inability to pay its debts as
they become due or is generally not paying its debts as such debts become due, or becomes
insolvent or bankrupt or makes an assignment for the benefit of creditors, or a custodian
(including without limitation a receiver, liquidator or trustee) of the Participant or any of its
property is appointed by court order or takes possession thereof and such order remains in effect
or such possession continues for more than sixty (60) days;
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(g) Any material provision of this Loan Agreement or the Participant Note shall at
any time for any reason cease to be valid and binding on the Participant, or shall be declared to
be null and void, or the validity or enforceability of any such provision shall be contested in any
administrative or judicial proceeding by the Participant or any governmental agency or authority
(other than the Issuer), or if the Participant shall deny the validity or enforceability of any such
provision or any further liability or obligation under this Loan Agreement or the Participant Note;
or
(h) A Ratings Event has occurred and continues for more than sixty (60) days and the
Participant has failed to obtain credit enhancement for its loan satisfactory to the Rating Agency
in order to maintain the rating on the Bonds in effect prior to such Ratings Event.
Section 10.02 Notice of Default. The Participant agrees to give the Trustee, the Issuer,
the Swap Counterparty and the Administrator prompt written notice if any petition, assignment,
appointment or possession referred to in subsections 10.01(d), (e), or (f) is filed by or against the
Participant or of the occurrence of any other event or condition which constitutes a Default or an
Event of Default, or with the passage of time or the giving of notice or both would constitute an
Event of Default, immediately upon becoming aware of the existence thereof.
Section 10.03 Remedies on Default. Whenever any Event of Default referred to in
Section 10.01 hereof shall have happened and be continuing, the Issuer or the Trustee shall, in
addition to any other remedies herein or by law provided, have the right, at its or their option
without any further demand or notice to take such steps and exercise one or more of the
following:
(a) Upon the occurrence of an Event of Default hereunder, the Trustee may, and shall,
at the direction of either the Swap Counterparty (if such default has entitled the Swap
Counterparty to terminate the Swap Agreement with respect to the Participant's Notional
Amount) or the holders of a majority in aggregate principal amount of Bonds then Outstanding,
by written notice to the Participant declare the Initial Amount of the Loan and all other amounts
which the Participant is obligated to pay under the Loan Agreement to be immediately due and
payable whereupon that portion of the principal of the Loan thereby coming due and the interest
thereon accrued to the date of payment shall, without further action, become and be immediately
due and payable, anything in the Loan Agreement to the contrary notwithstanding. In addition to
such amounts, the Participant shall also be liable to pay upon demand the Termination Payment
due to the Swap Counterparty in connection with a termination of the Participant's Notional
Amount. Amounts representing principal received by the Trustee pursuant to this provision shall
be deposited to the Recyclable Subaccount of the Participant's Redemption Account;
(b) Take any action permitted or required pursuant to the Indenture; and
(c) Take whatever other action at law or in equity may appear necessary or desirable
to collect the amounts then due and thereafter to become due hereunder or to enforce any other of
its or their rights hereunder.
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Section 10.04 Attorneys' Fees and Other Expenses. The Participant shall on demand
pay to the Issuer, the Trustee, the Swap Counterparty or the Administrator the reasonable fees
and expenses of attorneys and other reasonable expenses incurred by any of them in the
collection of Repayments or any other sums due or the enforcement of performance of any other
obligations of the Participant upon an Event of Default. The provisions of this Section 10.04
shall survive the termination of this Loan Agreement and the payment in full of the Participant
Note.
Section 10.05 Application of Moneys. Any moneys collected by the Issuer, the Trustee
or the Administrator pursuant to Section 10.03 hereof shall be applied (a) first, to any reasonable
attorneys' fees or other expenses owed by the Participant to the Issuer, the Trustee, the Swap
Counterparty or the Administrator pursuant to Section 10.04 hereof, pro rata based on the amount
of such expenses owed, (b) second, to pay any interest due on the Participant Note, (c) third, to
pay principal due on the Participant Note, (d) fourth, to pay any other amounts due hereunder,
including without limitation, any Termination Payment relating to such default, and (e) fifth, to
pay interest and principal on the Participant Note and other amounts payable hereunder but which
are not due, as they become due (in the same order, as to amounts which come due
simultaneously, as in (a) through (d) in this Section 10.05).
Section 10.06 No Remedy Exclusive; Waiver; Notice. No remedy herein conferred
upon or reserved to the Issuer, the Trustee or the Administrator is intended to be exclusive and
every such remedy shall be cumulative and shall be in addition to every other remedy given
under this Loan Agreement or now or hereafter existing at law or in equity. No delay or
omission to exercise any right, remedy or power accruing upon any Default shall impair any such
right, remedy or power or shall be construed to be a waiver thereof, but any such right, remedy or
power may be exercised from time to time and as often as may be deemed expedient. In order to
entitle the Issuer or the Trustee, the Swap Counterparty or the Administrator to exercise any
remedy reserved to it in this Article X, it shall not be necessary to give any notice other than such
notice as may be required in this Article X.
Section 10.07 Retention of the Issuer's Rights. Notwithstanding any assignment or
transfer of this Loan Agreement pursuant to the provisions hereof or of the Indenture, or anything
else to the contrary contairw&herein, the Issuer shall have the right upon the occurrence of an
Event of Default to take any action, including, without limitation, bringing an action against the
Participant at law or in equity, as the Issuer may, in its discretion, deem necessary to enforce the
obligations of the Participant to the Issuer pursuant to Section 10.04 hereof.
41
ARTICLE XI
EXCESS FUNDS
Section 11.01 Excess Funds. Any amounts remaining in the Trust Estate (as defined in
the Indenture) after (a) full payment of the Bonds or provision for payment thereof so that no
Bonds are deemed outstanding under the Indenture; (b) all payments allocated to the Participant
due or to become due under the Swap Agreement have been paid and (c) all fees, charges and
expenses listed in Section 4.07 and 4.10 of the Indenture have been paid, shall, after being held
for 124 days during which time no Bankruptcy Filing (as defined in the Indenture) has occurred,
after such full payment or provision shall have been made and no claim shall have been made
thereon, shall be rebated by the Trustee to the Issuer.
42
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ARTICLE XII
MISCELLANEOUS
Section 12.01 Notices. All notices, certificates or other communications hereunder shall
be sufficiently given and shall be deemed given when hand delivered or mailed by registered or
certified mail, postage prepaid, to the parties at the following addresses:
The Issuer: Florida Intergovernmental Finance Commission
The Participant: City of Palm Beach Gardens, Florida
10500 North Military Trail
Palm Beach Gardens, Florida 33410 -4698
Attention: Finance Director
The Administrator: Dunlap & Associates Group, Inc.
The Trustee: [TRUSTEE]
Moody's: Moody's Investors Service, Inc.
99 Church Street
New York, New York 10007
Attention:
Underwriter: J.P. Morgan Securities, Inc.
390 North Orange Avenue, Suite 1850
Orlando, Florida 32801
Any of the above parties may, by notice in writing given to the others, designate any further or
different addresses to which subsequent notices, certificates or other communications shall be
sent.
Section 12.02 Binding Effect. This Loan Agreement shall inure to the benefit of and
shall be binding upon the Issuer and the Participant and their respective successors and assigns.
Section 12.03 Severability. In the event any provision of this Loan Agreement shall be
held invalid or unenforceable by any court of competent jurisdiction, such holding shall not
invalidate or render unenforceable any other provision hereof.
43
Section 12.04 Amendments, Changes And Modifications. This Loan Agreement and
the Participant Note may be amended by the Issuer and the Participant as provided in Article XII
of the Indenture; provided that no amendment adverse to the Swap Counterparty may be effected
without the prior written consent of the Swap Counterparty.
Section 12.05 Execution in Counterparts. This Loan Agreement may be
simultaneously executed in several counterparts, each of which shall be an original and all of
which shall constitute but one and the same instrument.
Section 12.06 Applicable Law. This Loan Agreement shall be governed by and
construed in accordance with the law of the State of Florida.
Section 12.07 Benefit of Bondholders; Compliance With Indenture. This Loan
Agreement is executed in part to induce the purchase by others of the Bonds and the execution of
the Swap Agreement by the Swap Counterparty. Accordingly, all covenants, agreements and
representations on the part of the Participant and the Issuer, as set forth in this Loan Agreement,
are hereby declared to be for the benefit of the holders from time to time of the Bonds, and for
the benefit of the Swap Counterparty, each as a third party beneficiary hereunder. The
Participant covenants and agrees to do all things within its power in order to comply with and to
enable the Issuer to comply with all requirements and to fulfill and to enable the Issuer to fulfill
all covenants of the Indenture and the Swap Agreement.
Section 12.08 Consents And Approvals. Whenever the written consent or approval of
the Issuer shall be required under the provisions of this Loan Agreement, such consent or
approval may be given by the Chairman or Vice Chairman of the Issuer or such other additional
person provided by law or by rules or regulations of the Issuer.
Section 12.09 Immunity of Officers, Employees And Members of Issuer And
Participant. No recourse shall be had for the payment of the principal of or premium or interest
on the Participant Note or for any claim based thereon or upon any representation, obligation,
covenant or agreement in this Loan Agreement against any past, present or future officer,
member, employee, director or agent of the Issuer or the Participant, respectively, of any
successor public or private corporation thereto, as such, either directly or through the Issuer or
the Participant, respectively, any successor public or private corporation thereto under any rule of
law or equity, statute or constitution or by the enforcement of any assessment or penalty or
otherwise, and all such liability of any such officers, members, employees, directors or agents as
such is hereby expressly waived and released as a condition of and consideration for the
execution of this Loan Agreement and the issuance of the Participant Note.
Section 12.10 Captions The captions or headings in this Loan Agreement are for
convenience only and in no way define, limit or describe the scope or intent of any provisions or
sections of this Loan Agreement.
Section 12.11 Pecuniary Liability of Issuer. No provision, covenant or agreement
contained in this Loan Agreement on behalf of the Issuer, or any obligation herein imposed upon
44
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the Issuer, or the breach thereof, shall constitute an indebtedness or liability of the State or any
governmental entities of the State or any public corporation or governmental agency existing
under the laws thereof other than the Issuer. In making the agreements, provisions and covenants
set forth in this Loan Agreement, the Issuer has not obligated itself except with respect to the
application of the revenues, income and all other property as derived herefrom, as hereinabove
provided.
Section 12.12 Payments Due on Holidays. If the date for making any payment or the
last date for performance of any act or the exercise of any right, as provided in this Loan
Agreement, shall be a day other than a Business Day, such payments may be made or act
performed or right exercised on the next Business Day with the same force and effect as if done
on the nominal date provided in this Loan Agreement.
Section 12.13 Right of Others to Perform Participant's Covenants. In the event the
Participant shall fail to make any payment or perform any act required to be performed
hereunder, then and in each such case the Issuer, the Swap Counterparty or the Trustee may (but
shall not be obligated to) remedy such default for the account of the Participant and make
advances for that purpose. No such performance or advance shall operate to release the
Participant from any such default and any sums so advanced by the Issuer, the Swap
Counterparty or the Trustee shall bear interest from the date of the advance until repaid as
provided herein. The Administrator, the Swap Counterparty or the Trustee shall have the right to
enter the Participant's premises in order to effectuate the purposes of this Section.
45
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ARTICLE XIII
CONTINUING DISCLOSURE
Section 13.01 Continuing Disclosure Requirements. The Participant shall provide
such continuing disclosure information as may be necessary to enable the Issuer to comply with
the provisions of Rule 15(c)2 -12 (the "Rule ") of the United States Securities and Exchange
Commission, in the form and at the times required by the Rule in accordance with this Article
XM,
Section 13.02 Definitions. For purposes of this Article XIII, the following terms shall
have the definitions provided in this Section 13.02.
"Annual Determination Date" shall mean the last day of each Fiscal Year.
"Annual Report" shall mean any Annual Report provided by the Participant pursuant to,
and as described in, Sections 13.03 and 13.04 hereof.
"Beneficial Owner" shall mean any person which (a) has the power, directly or indirectly,
to vote or consent with respect to, or to dispose of ownership of, any Bonds (including persons
holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the
owner of any Bonds for federal income tax purposes.
"Dissemination Agent" shall mean the Trustee, or any successor Dissemination Agent
designated in writing by the Issuer and which has filed with the Issuer a written acceptance of
such designation.
"Fiscal Year" shall mean the period commencing on October 1 of each year and
continuing through the next succeeding September 30, or such other period as may be prescribed
by law.
"National Repository" shall mean any Nationally Recognized Municipal Securities
Information Repository for purposes of the Rule. The National Repositories currently approved
by the Securities and Exchange Commission and a method of obtaining hereafter the most
current listing of approved National Repositories, are as follows: Bloomberg Municipal
Repositories, P.O. Box 840, Princeton, N.J. 08542 -0840, Phone: (609) 279 -3225, Fax: (609)
279 -5962, E -mail: Munis @Bloomberg.com; DPC Data Inc., One Executive Drive, Fort Lee, NJ
07024, Phone: (201) 346 -0701, Fax: (201) 947 -0107, E -mail: nrmsir @dpcdata.com; Interactive
Data, Attn: Repository, 100 Williams Street, New York, NY 10038, Phone: (212) 771 -6899,
Fax: (212) 771 -7390, E- mail: nrmsir @interactivedata.com; Standard & Poor's J. J. Kenny
Repository, 55 Water Street, 45th Floor, New York, NY 10041, Telephone: (212) 438 -4595,
46
9 Facsimile: (212) 438 -3975. The most current list of NRMSIRs can be found at any time at the
SEC's Web site at http: / /www.see.gov /consumer /nrmsir.htm.
"Reporting Participant" shall mean each Participant that enters into a Loan Agreement on
or after March 1, 2001, if the aggregate of the outstanding principal balances on all Loans to such
Participant, as of the most recent Annual Determination Date, equals or exceeds an amount equal
to twenty percent (20 %) of the aggregate principal amount of the Bonds outstanding on such
Annual Determination Date. For purposes of determining whether a Participant is a Reporting
Participant, only the outstanding principal balances on all Loans to such Participant which are
secured by the same fund, enterprise, revenues or account of such Participant shall be taken into
account. Not later than thirty (30) days after each Annual Determination Date, the Issuer will
determine which Participants are Reporting Participants and will provide written notice to each
Reporting Participant and each Participant that was a Reporting Participant as of the immediately
preceding Annual Determination Date, stating that such Participant has become, continues to be
or has ceased to be, as the case may be, a Reporting Participant. The Issuer will provide such
notice by (i) telecopier, telex or other telegraphic means (with receipt confirmed), provided that
in each case a copy is mailed by registered or certified mail, postage prepaid, return receipt
requested, or (ii) express mail or delivery service guaranteeing overnight delivery.
"Reporting Period" shall mean the period commencing on the Annual Determination
Date on which the Participant becomes a Reporting Participant and ending on the Annual
Determination Date on which the Participant ceases to be a Reporting Participant.
"Repository" shall mean each National Repository and each State Repository.
"Rule" shall mean Rule 15c2- 12(b)(5) adopted by the Securities and Exchange
Commission under the Securities Exchange Act of 1934, as the same may be amended from time
to time.
"State Repository" shall mean any public or private repository or entity designated by the
State as a state repository for the purpose of the Rule and recognized as such by the Securities
and Exchange Commission. As of the date of this Article XIII, there is no State Repository.
Section 13.03 Annual Reports.
(a) During the Reporting Period, the Participant shall, or shall cause the
Dissemination Agent to, not later than the date which shall be 270 days after the end of the
Participant's Fiscal Year (presently September 30), provide to each Repository an Annual Report
which is consistent with the requirements of Section 13.04 hereof. The Annual Report may be
submitted as a single document or as separate documents comprising a package, and may cross -
reference other information as provided in Section 13.04(b) hereof; provided that the audited
financial statements of the Participant may be submitted separately from the balance of the
Annual Report and later than the date required above for the filing of the Annual Report if they
are not available by that date. Not later than fifteen (15) business days prior to said date, the
47
•
Participant shall provide the Annual Report to the Dissemination Agent (if other than the
Participant). If the Participant's audited financial statements are not available by the time the
Annual Report is required to be filed pursuant to this Section 13.03(a), the Annual Report shall
contain unaudited financial statements in a format similar to the Participant's audited financial
statements, and the audited financial statements shall be filed in the same manner as the Annual
Report when they become available. If the Participant's Fiscal Year changes, it shall give notice
of such change in the next Annual Report filed by the Participant, and the Participant shall send a
notice to (i) each National Repository or the Municipal Securities Rule Making Board and (ii) the
State Repository.
(b) The Dissemination Agent shall:
i. determine each year prior to the date for providing the Annual Report the
name and address of each National Repository and the State Repository, if any; and
ii. if the Dissemination Agent is other than the Participant, file a report with
the Participant certifying that the Annual Report has been provided pursuant to this
Article XM, stating the date it was provided and listing all the Repositories to which it
was provided.
Section 13.04 Contents of Annual Reports. The Participant's Annual Report shall
contain or include by reference the following:
(a) The audited financial statements of the Participant for the prior Fiscal Year,
prepared in accordance with generally accepted accounting principles as promulgated to apply to
governmental entities from time to time by the Governmental Accounting Standards Board.
(b) An update of the financial information and operating data of the type found in the
Appendix E of the Official Statement dated February_, 2001, for the Bonds:
i. information under the table "City of Palm Beach Gardens, Florida,
Property Tax Levies and Collections, Fiscal Years 1990 through 2000 ";
ii. information under the table "City of Palm Beach Gardens, Florida,
Assessed and Estimated Values of Taxable Property, Fiscal Years through 2000 ";
iii. information under the table "City of Palm Beach Gardens, Florida, Direct
and Overlapping Debt, September 30, 2000 "; and
[iv. information under the table "Debt Service Requirements" with respect to
the Participant's outstanding general obligation debts, including the Loan.]
(c) If the Participant's obligations under this Article XIII shall have terminated, notice
of such termination.
48
An update of the financial information and operating data may be included by specific
reference to other documents which have been submitted to each of the Repositories or the
Securities and Exchange Commission. If the document included by reference is a final official
statement, remarketing circular or remarketing supplement, it must be available from the
Municipal Securities Rulemaking Board. The Participant shall clearly identify each such other
document so included by reference. An update of the financial information and operating data
may be satisfied by providing a copy of the Participant's comprehensive annual financial report
to the extent the information presented therein complies with the requirements of this Section
13.04.
Section 13.05 Termination of Reporting Obligations. In the event the Participant is or
becomes a Reporting Participant, the Participant's reporting obligations under this Article XIII
shall terminate upon (a) receipt of written notice from the Issuer that the Participant has ceased to
be a Reporting Participant, and (b) the filing of an Annual Report containing the notice described
in 13.04(c) hereof.
Section 13.06 Dissemination Agent. The Dissemination Agent shall not be responsible
in any manner for the content of any notice or report prepared by the Participant pursuant to this
Article XM,
Section 13.07 Amendments; Termination. Notwithstanding any other provision of this
Article XM, the Participant may amend this Article XM, and any provision of this Article XIII
maybe waived, provided that the following conditions are satisfied:
(a) If the amendment or waiver relates to the provisions of Sections 13.03 or 13.04, it
may only be made in connection with a change in circumstances that arises from a change in
legal requirements, change in law, or change in the identity, nature or status of the Participant, or
the type of business conducted;
(b) The undertaking, as amended or taking into account such waiver, would, in the
opinion of nationally recognized Bond Counsel, have complied with the requirements of the Rule
as of March 1, 2001, after taking into account any amendments or interpretations of the Rule, as
well as any change in circumstances; and
(c) The amendment or waiver either (i) is approved by the Holders of the Bonds in
the same manner as provided in the Indenture for amendments to the Indenture with the consent
of Holders, or (ii) does not, in the opinion of nationally recognized bond counsel, materially
impair the interests of the Holders or Beneficial Owners of the Bonds.
(d) In the event of any amendment or waiver of a provision of this Article XIII, the
Participant shall describe such amendment in the next Annual Report, and shall include, as
applicable, a narrative explanation of the reason for the amendment or waiver and its impact on
the type (or in the case of a change of accounting principles, on the presentation) of financial
information or operating data being presented by the Participant. In addition, if the amendment
relates to the accounting principles to be followed in preparing financial statements, (i) notice of
49
such change shall be given in the Annual Report for the year in which the change is made and
such Annual Report should present a comparison (in narrative form and also, if feasible, in
quantitative form) between the financial statements as prepared on the basis of the new
accounting principles and those prepared on the basis of the former accounting principles.
Section 13.08 Additional Information. Nothing in this Article XITT shall be deemed to
prevent the Participant from disseminating any other information, using the means of
dissemination set forth in this Article XM or any other means of communication, or including
any other information in any Annual Report, in addition to that which is required by this Article
XIII. If the Participant chooses to include any information in any Annual Report in addition to
that which is specifically required by this Article XM, the Participant shall have no obligation
under this Article XIII to update such information or include it in any future Annual Report
Section 13.09 Default. In the event of a failure of the Participant to comply with any
provision of this Article X11T the Trustee may (and at the request of the the Issuer or the Holders
of at least 25% aggregate principal amount of Outstanding Bonds, shall), or the Issuer or any
Holder or Beneficial Owner of the Bonds may, take such actions as may be necessary and
appropriate, including seeking mandamus or specific performance by court order, to cause the
Participant to comply with its obligations under this Article XM; provided, however, the sole
remedy under this Article XTii in the event of any failure of the Participant to comply with this
Article XIII shall be an action to compel performance. A default under this Article XIII shall not
be deemed an Event of Default under the Indenture or the Participant Loan Agreement.
Section 13.10 Duties Immunities and Liabilities of Dissemination Agent. The
Dissemination Agent shall have only such duties as are specifically set forth in this Article XIII,
and the Participant agrees to indemnify and save the Dissemination Agent, its officers, directors,
employees and agents, harmless against any loss, expense and liabilities which it may incur
arising out of or in the exercise or performance of its powers and duties hereunder, including the
costs and expenses (including attorneys' fees) of defending against any claim of liability, but
excluding liabilities due to the Dissemination Agent's negligence or willful misconduct. The
obligations of the Participant under this Section 13.10 shall survive resignation or removal of the
Dissemination Agent and the termination of the obligations of the Participant under this Article
XM,
Section 13.11 Beneficiaries.. This Article XM shall inure solely to the benefit of the
Issuer, the Participant, the Dissemination Agent and Holders and Beneficial Owners from time to
time of the Bonds, and shall create no rights in any other person or entity.
[SIGNATURE PAGES FOLLOW THIS PAGE]
50
•
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•
IN WITNESS WHEREOF, the Florida Intergovernmental Finance Commission has
caused this Loan Agreement to be executed in its name with its seal hereunto affixed and attested
by its duly authorized officers, and the City of Palm Beach Gardens, Florida has caused this
Loan Agreement to be executed in its name with its seal hereunto affixed and attested by its duly
authorized officers. All of the above occurred as of the date first above written.
FLORIDA ]INTERGOVERNMENTAL
FINANCE COMMISSION,
As Issuer
Attest:
By:
Name:
Title: Secretary
(Seal)
ATTEST
Carol Gold, City Clerk
Approved as to form
and sufficiency.
City Attorney
By:
Name:
Title: Chairman
CITY OF PALM BEACH GARDENS,
FLORIDA
By:
Joseph Russo, Mayor
51
I• EXHIBIT A
PROJECT DESCRIPTION
The construction of the widening of Burns Road, the enhancements to the PGA Flyover Bridge,
and the refinancing of the Series 1990 Golf Course Revenue Bonds.
•
0 2/06/01 A -1
! EXHIBIT B
FORM OF NOTE
[Date of Closing]
FOR VALUE RECEIVED, the undersigned, the City of Palm Beach Gardens, Florida
(the "Participant") promises to pay to the order of the Florida Intergovernmental Finance
Commission (the "Issuer "), or its successors and assigns, solely from the sources hereinafter
described a principal sum equal to the Initial Amount set forth above, with interest on the
principal sum solely from such sources at the Participant-Rate defined in the Loan Agreement
and determined pursuant to Section 5.04 of the Indenture on the unpaid balance until paid, all in
accordance with, and subject to, the provisions of Article V of the Loan Agreement dated as of
March 1, 2001 (the "Loan Agreement ") by and between the Issuer and the Participant. All loan
payments shall be payable in immediately available funds at the principal corporate trust office of
(the "Trustee "). Principal installments
and interest shall be paid four (4) Business Days prior to the first day of each month with the
initial payment due March 27, 2001 (each a "Loan Repayment Date "). All capitalized terms used
but not defined herein shall have the definition given them in the Loan Agreement.
The principal of this Note shall be payable in the amounts and on the dates as set forth on
Schedule H (the "Schedule of Principal Installments ") attached hereto. The Trustee shall notify
the Participant seven (7) days prior to the Loan Repayment Date for such month of the amount of
interest owed hereunder to but excluding such Loan Repayment Date. Such amount shall be
calculated by the Trustee as set forth in Section 5.04 of the Indenture. As provided in Section
5.01(d) of the Loan Agreement, all payments of interest shall be deposited by the Trustee into the
Interest Account of the Bond Fund established under the Indenture and all payments of principal
shall be deposited by the Trustee in the funds and accounts as provided in the Indenture, to be
used by the Participant or otherwise applied, all in accordance with the Indenture. Repayments
or prepayments of the principal amount of this Note shall be held and applied, and shall be given
the effect, only as provided in the Indenture and the Loan Agreement. Participant hereby
acknowledges that the Initial Amount has been funded on behalf of the Participant by the
issuance of the Florida Intergovernmental Finance Commission Revenue Bonds, 2001 Series A
(the "Bonds " ), and further acknowledges that until certain conditions are satisfied as provided in
the Indenture with respect to the Bonds, principal Repayments and any prepayments of principal
shall not relieve the Participant of responsibility for all obligations relating to the Initial Amount
of this Note unless the same shall have been reloaned to another Participant or used to redeem
the Bonds, as provided in the Indenture..
An amount equal to the entire Initial Amount, to the extent such Repayments have not
already been made by the Participant, shall be fully due and payable on one (1) Business Day
prior to the first day of , 20_. Unpaid interest which shall have accrued
through the last day of a Loan Payment Period (as defined in the Loan Agreement) preceding the
2/05/01 B -2
�J
Loan Repayment Date shall be calculated at the Participant Rate defined in the Loan Agreement,
unless otherwise provided in the next succeeding sentence. Notwithstanding the foregoing
sentence, if (i) any payment of principal and interest (a "Principal and Interest Payments ") due
hereunder shall not be paid within ten (10) calendar days of the Loan Repayment Date, accrued
but unpaid interest on the principal portion of said Principal and Interest Payments shall be
calculated at the Default Rate (as defined in the Loan Agreement) or (ii) if all Principal and
Interest Payments are declared to be immediately due and payable, accrued but unpaid interest on
the outstanding principal amount of this Note shall be calculated at the Default Rate.
The Participant shall have the right to prepay the principal amount hereof, in accordance
with the terms and conditions set forth in Section 8.01 of the Loan Agreement and upon payment
of interest due on the amount prepaid.
All payments hereon shall be applied first to accrued interest then payable and then to the
installments of principal due hereunder in inverse order of maturity, as provided in the Loan
Agreement.
This Note is a limited obligation of the Participant issued pursuant to, payable solely from
the Non -Ad Valorem Revenues as provided in, and subject to the limitations of, the Loan
Agreement, the terms and provisions of which, including those in connection with default by the
Participant, are incorporated herein by reference. The obligations of the Participant hereunder
are set forth in the Loan Agreement. Pursuant to the Loan Agreement, the Participant has
covenanted to budget and appropriate funds from certain Non -Ad Valorem Revenues sufficient
to pay such amounts due hereon, all in the manner, and subject to the limitations, provided in the
Loan Agreement. The acceptance of this Note by the holder from time to time hereof shall be
deemed an agreement between the Participant and such holder that the obligation to pay the
amounts due hereunder, including without limitation all additional amounts due under the Loan
Agreement, shall not constitute a lien upon any property, funds or revenues of the Participant or a
pledge of the faith, credit or taxing power of the Participant, but shall instead be a limited and
special obligation of the Participant payable only from the sources, and in the manner, provided
in the Loan Agreement.
The Participant hereby waives presentment for payment, demand, protest, notice &protest
and notice of dishonor.
2/05/01 B -3
•
•
This Note and all instruments securing the same are to be construed according to the !aw
of the State of Florida.
Signed and sealed this day of 52001.
CITY OF PALM BEACH GARDENS,
(Seal) FLORIDA
ATTEST
Linda Gold, City Clerk
Approved as to form
and sufficiency.
City Attorney
2/05 /01
I:
By:
Joseph Russo, Mayor
ENDORSEMENT
FOR VALUE RECEIVED, the Florida Intergovernmental Finance Commission (the
"Issuer ") hereby sells, assigns and transfers this Note unto [TRUSTEE] (the "Trustee "), as
trustee under that certain Trust Indenture, dated as of March 1, 2001, and by and between the
Issuer and the Trustee, this Note to be held by the Trustee under the terms and conditions set
forth in the Indenture and constitute a part of the Trust Estate, as defined therein.
FLORIDA INTERGOVERNMENTAL
FINANCE COMMISSION,
As Issuer
BY:
Name:
Title: Chairman
•
is D -5
•
SCHEDULEI
SCHEDULE OF DISBURSEMENTS
•
0 D -6
0 SCHEDULE II
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SCHEDULE OF PRINCIPAL INSTALLMENTS
D -7
0 EXHIBIT C
RESOLUTION OF PARTICIPANT
•
0 D -S
•
EXHIBIT D
CERTIFICATE OF PARTICIPANT
IN CONNECTION WITH LOAN TO FINANCE PROJECT
I, the undersigned Kent R. Olson, Finance Director of the City of Palm Beach Gardens,
Florida (the "Participant') and the undersigned Linda Gold, City Clerk of the Participant do
hereby certify and covenant as follows:
1. The undersigned, Kent R. Olson, is the duly appointed, qualified and acting
Finance Director of the Participant and the undersigned, Carol Gold is the duly appointed,
qualified and acting City Clerk of the Participant and such officials are familiar with and have
access to the books and corporate records of the Participant.
2. The persons named below are the duly appointed or elected and qualified Mayor
and Members of the City Council of the Participant and are presently serving the terms which
commenced and which will expire as indicated to the right of their respective names:
Name Date of Commencement of Date of Expiration
Term of Term
Joseph Russo, Mayor
Lauren Furtado
David Clark
Eric Jablin
Carl Sabatello
March, 2001
March, 2002
March, 2002
March, 2002
March, 2001
3. The persons set forth in Exhibit A attached hereto are the duly elected or
appointed and qualified officers of the Participant holding the office stated opposite their
respective. names and the signatures appearing on said Exhibit A are genuine signatures of said
officers.
4. The Mayor and City Clerk of the Participant by their manual signatures duly
executed and attested the execution of the Loan Agreement (the "Loan Agreement') dated as of
March 1, 2001, by and between Participant and the Florida Intergovernmental Finance
Commission (the "Issuer ").
5. The information in the Preliminary Official Statement and the Official Statement
relative to the Participant does not contain any untrue statement or a material fact or omit to state
any material fact necessary in order to make the statements contained therein, in light of the
circumstances under which they were made, not misleading;
0 D -9
6. The first and third Thursday of every month is the regular meeting date of the
Participant, said meetings to commence at 7:00 p.m. All meetings of the City Council of the
Participant, including meetings at which action was taken with respect to the Loan Agreement,
have been open to the public in accordance with the provisions of
7. All approvals required to be obtained by the Participant in connection with the
execution of the Loan Agreement have been obtained and are in full force and effect as of the
date hereof.
-- 8. Any certificate signed by any officer of the Participant delivered to the Issuer shall -
be deemed a representation of the Participant to the Issuer as to the statements made therein.
9. The seal affixed to this certificate and the Loan Agreement is the official seal of
the Participant.
IN WITNESS WHEREOF, the undersigned have hereunto set the official seal of the
Participant and their signatures as of day of , 2001.
(SEAL)
Approved as to form
and sufficiency.
City Attorney
CITY OF PALM BEACH GARDENS, FLORIDA
D -10
By:
Kent R. Olson, Finance Director
Carol Gold, City Clerk
C-1
NAME
Joseph Russo
Kent R. Olson-- -
Carol Gold
•
EXHIBIT A TO THE CERTIFICATE OF PARTICIPANT
OFFICERS OF
CITY OF PALM BEACH GARDENS, FLORIDA
OFFICE SIGNATURE
Mayor
Finance Director
City Clerk
0 D -11
0 EXHIBIT E
INSURANCE COVERAGE PROVISIONS
Participant must provide, maintain and pay for broad form all risk blanket property damage
insurance against the loss or damage to any portion of the Project in an amount not less than the
repair or replacement cost thereof. A Self - insurance program may be used to satisfy the
requirements hereof if approved by the Issuer.
Participant must also provide, maintain, and pay for public liability and property damage
insurance naming the Issuer and its assigns as an additional insured as regards the negligence of
Participant. Such policy must cover liability for personal injury and property damage and provide
coverage in an amount not less than that customarily carried by the Participant for other assets
similar to the Project. Each policy required pursuant hereto must contain the insurer's agreement
to give thirty (30) days written notice to the Issuer or its assigns before any cancellation of, or
material change to, any required policy.
Participant agrees to provide certificates of insurance or copies of the policies to the Issuer. The
proceeds of the insurance covering the Project must be applied toward the replacement,
restoration, or repair of the Project. Participant appoints the Issuer as Participants attorney -in -fact
to make claim for, receive payment of, and execute and endorse all documents, checks, or drafts
for loss or damage to the Project under any insurance policy required pursuant hereto.
0 E -1
I* EXHIBIT F
REQUEST FOR ADVANCE
The undersigned, the duly authorized of City of Palm Beach
Gardens, Florida (the "Participant "), submits this Request for Advance on behalf of the
Participant for $ pursuant to Section 3.02 of that certain Loan Agreement by and
between the Florida Intergovernmental Finance Commission (the "Issuer ") and the Participant
dated as of March 1, 2001 (the "Loan Agreement ") and relating to the Issuer's Municipal Loan
Program (the "Program "). The Trustee shall disburse the amount requested herein to [list parties,
including Participant] for the following purpose[s]:
(the
"Equipment ").
Attached hereto as composite Exhibit A are certain documents which, among other things,
verifies that the amount requested herein does not exceed the Cost (as defined in the Loan
Agreement) paid or incurred by the Participant for such Equipment prior to the disbursement of
the funds requested herein and, when disbursed, the total amount disbursed to such Participant
pursuant to Section 3.02 of the Loan Agreement does not exceed the Participant's Loan amount
set forth in Section 3.01 of the Loan Agreement unless a writing has been attached hereto signed
by the Administrator stating that the Participant is eligible for such amount.
The undersigned, on behalf of the Participant, hereby certify that:
1. The Project (as described herein and in Exhibit A) has been purchased,
constructed or installed by the Participant and payment therefore is due and owing or has been
previously paid by Participant.
2. To the extent amounts, if any, requested herein are being used to reimburse the
Participant for Equipment previously purchased, such Equipment was purchased by the
Participant no earlier than , 2001 and evidence of the purchase thereof is
contained in Exhibit A attached hereto.
3. The Participant is a governmental entity validly existing and in good standing
under the laws of the State of Florida, with full power and authority to own its properties and
conduct its business as presently owned and conducted and, to the best of our knowledge, after
due inquiry, is not in violation of any laws material to the transactions contemplated by the Loan
Agreement, this Request for Advance, or any provisions of law material to the transactions
contemplated by the Loan Agreement and this Request for Advance, and has all requisite power
and authority to execute and deliver this Request for Advance.
0 F -1
4. The Participant has obtained all necessary permits, licenses and certifications to
continue the conduct of its operations and to undertake the actions which will be financed from
the funds to be disbursed hereunder.
5. The Loan Agreement and the Participant Note (as defined in the Loan Agreement)
are in full force and effect and continue to be valid, enforceable and legally binding obligations
of the Participant, enforceable in accordance with their respective terms, except to the extent that
the enforceability thereof may be limited by laws relating to bankruptcy, insolvency or other
similar laws affecting creditors' rights generally and the Participant has received all consents,
approvals and authorizations of governmental authorities or agencies required for incurring the
debt represented by such documents, including amounts which will become outstanding pursuant
to this Request for Advance, and/or the continued performance of such documents.
6. There is no litigation or legal or governmental action, proceeding, inquiry or
investigation pending or, to the best knowledge of the undersigned after due inquiry, threatened
by governmental authorities to which the Participant is a party or of which any property of the
Participant is subject which, if determined adversely to the Participant, individually or in
aggregate (i) affect the validity or enforceability of the Loan Agreement or the Participant Note
(as defined in the Loan Agreement) or (ii) otherwise materially and adversely affect the ability of
the Participant to comply with its obligations under the Loan Agreement or the Participant Note
(as defined in the Loan Agreement).
7. The representations and warranties of the Participant set forth in the Loan
Agreement are true and correct on the date hereof; and the Participant is in compliance with all
terms, covenants and conditions of the Loan Agreement on the date hereof.
8. The Participant does not plan to use, or permit the use of, the Project except as
permitted by the Loan Agreement.
F -2
IN WITNESS WHEREOF, the undersigned have hereunto set their hands and affixed
the seal of the Participant, duly attested this day of , 2001.
[SEAL]
Attest:
By:
Name:
Title:
cc: Administrator
•
F -3
CITY OF PALM BEACH GARDENS,
FLORIDA
Joseph Russo, Mayor
! EXHIBIT G
OPINION OF PARTICIPANT'S COUNSEL
[Letterhead of Counsel to Participant]
, 2001
Florida Intergovernmental Finance [TRUSTEE]
Commission
Ladies and Gentlemen:
We are counsel to City of Palm Beach Gardens, Florida (the "Participant "), and have been
requested by the Participant to give this opinion in connection with the loan by the Florida
Intergovernmental Finance Commission (the "Issuer ") to the Participant of funds to finance or
refinance or reimburse the Participant for all or a portion of the cost of a certain Project (the
"Project ") as defined in, and as described in Exhibit A of, the Loan Agreement, dated as of
March 1, 2001 (the "Loan Agreement "), between the Issuer and the Participant.
In this connection, we have reviewed such records, certificates and other documents as
we have considered necessary or appropriate for the purposes of this opinion, including
applicable laws, local applicable Charters and ordinances adopted by the [name of governing
board] of the Participant, the Loan Agreement, a Trust Indenture dated as of March 1, 2001 (the
"Indenture ") between the Issuer and [TRUSTEE], as trustee (the "Trustee ") and
Resolution No. adopted by the Participant on , 2001 (the
"Resolution "). Based on such review, and such other considerations of law and fact as we
believe to be relevant, we are of the opinion that:
(a) The Participant is a Municipality duly organized and validly existing under the
Constitution and laws of the State of Florida and under the provisions of the Constitution and
laws of the State of Florida. The Participant has the legal right and all requisite power and
authority to enter into the Loan Agreement, to adopt the Resolution and to consummate the
transactions contemplated thereby and otherwise to carry on its activities and own its property.
0 2/05/01 G -1
(b) The Participant has duly authorized, executed and delivered the Resolution and
the Loan Agreement is a legal and binding obligation of the Participant enforceable against the
Participant in accordance with its terms, except to the extent that the enforceability hereof may be
subject to bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting
creditors' rights heretofore or hereafter enacted and that their enforcement may be subject to the
exercise of judicial discretion in accordance with general principles of equity, and to the
sovereign police powers of the State of Florida and the constitutional powers of the United States
of America.
(c) The Participant has duly covenanted in the Loan Agreement to make the Loan
Repayments from its Non -Ad Valorem Revenues and such covenant is legally valid and binding.
(d) The execution and delivery of the Resolution, the Loan Agreement and the Note,
the consummation of the transactions contemplated thereby, the purchase or construction of the
Project or the reimbursement for costs of the acquisition or construction thereof or the
refinancing of the indebtedness to be refinanced with the proceeds of the loan and the fulfillment
of or compliance with the terms and conditions of the Loan Agreement does not and will not
conflict with or result in a material breach of or default under any of the terms, conditions or
provisions. of any agreement, contract or other instrument, or law, ordinance, regulation, or
judicial or other governmental order, to which the Participant is now a party or it or its properties
is otherwise subject or bound, and the Participant is not otherwise in violation of any of the
foregoing in a manner material to the transactions contemplated by the Loan Agreement.
(e) There is no litigation or legal or governmental action, proceeding, inquiry or
investigation pending or, to the best of our knowledge, threatened by governmental authorities or
to which the Participant is a party or of which any property of the Participant is subject, which
has not been disclosed in writing to the Issuer and which, if determined adversely to the
Participant, would individually or in the aggregate materially and adversely affect the validity or
the enforceability of the Loan Agreement or the Note.
(f) Any indebtedness being refinanced, directly or indirectly, with the proceeds of the
Loan was initially incurred by the Participant, and the proceeds of such indebtedness have been
fully expended, to finance the cost of the Project.
We are attorneys admitted to practice law only in the State of Florida and express no
opinion as to the laws of any other state and further express no opinion as to the status of interest
on the Bonds under either Federal laws or the laws of the State of Florida.
Very truly yours,
0 2/05 /01 G -2
10
•
EXHIBIT H
NOTICE OF FAILURE TO FILE ANNUAL REPORT
Name of Participant: City of Palm Beach Gardens, Florida
Name of Bond Issue: Florida Intergovernmental Finance Commission, Capital Revenue
Bonds, 2000 Series A, dated as of March 1, 2001
Date of Issuance: - March 7, 2001
NOTICE IS HEREBY GIVEN that the Participant has not provided an annual report with
respect to the above - referenced Bonds as required by Sections 13.03 and 13.04 of the Loan
Agreement dated as of March 1, 2001, between the Florida Intergovernmental Finance
Commission and the Participant executed and delivered by the Participant in connection with the
loan of a portion of the proceeds of the Bonds to the Participant. The Participant anticipates that
the annual report will be filed by
Dated:
M W MUPENNEYSS/ 1206038/^UO I I. DOCJ V05/01 /46245.010100
By:
T+
! 2/05/01 G -3
•
VII. CONSENT AGENDA:
1. Resolution 34, 2001 — City Manager Contract.
BACKUP FORTHCOMING-
11
•
•
•
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date: February 6, 2001
Meeting Date: February 15, 2001
Subject/Agenda Item
Resolution 35, 2001— Catalina Lakes Plat
Recommendation /Motion:
There are no Engineering concerns with this plat, therefore approval is recommended.
Reviewed by:
Originating Dept.:
Costs: $_ 0
Council Action:
Growth - Management
(Total)
City Attorney ✓
[ ] Approved
$ 0
[ ] Approved w/
Current FY
conditions
ACM
[ ] Denied
Other
Funding Source:
[ ] Continued to:
Advertised:
Date:
[ ] Operating
Attachments:
Paper:
( X ] Not Required
[ ] Other
Memorandum
Submitted by, A
oahouev,�P-.EE..
Dir ector
Affected parties
[ ] Notified
Budget Acct. #:
( 1 None
Approved by:
W&t vz�' ('6 0 -t)
City Manager
[ X ] Not required
BACKGROUND: See attached memorandum.
INC.
CONSULTING CIVIL ENGINEERS. MEMORANDUM
SUKVE)'ORS & M ITERS
TO: Carol Gold
FROM: Sean C. Donahue, P.13 9
DATE: February 2, 2001
FILE NO. 984022
CIVIL
AGRICULTURAL
WATER RESOURCES SUBJECT: Catalina Lakes -Plat Approval
WATER & WASTEWATER
TRANSPORTATION
SURVEYING & MAPPING We are currently reviewed the final plat for the referenced project prepared
GIs by Lawson, Noble & Webb, Inc. received on January 24, 2001. As
requested by the applicant and the City Manager, please include this plat
approval on the agenda for the February 15, 2001 City Council meeting.
Provided there are no outstanding issues on this plat, we will recommend
approval and forward the final copy to you prior to the February, 15, 2001
meeting.
Please contact me at 799 -4234 if you have any questions or require
additional information.
SCD/
cc: Steve Cramer
P:\PROJF-M Pt3GMEMO\4022\4022zzc
"Partners for Results
Value by Design"
10550 S.W. Corporate Pkwy.
Palm City, FL 34990 ■
(561) 286 -3883
Fax: (561) 286 -3925
www.lbfh.com
10
Ul
RESOLUTION 35, 2001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, APPROVING THE
CATALINA LAKES PLAT AND, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Engineer has reviewed the Catalina Lakes 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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
SECTION 1. The Mayor and City Clerk are hereby directed and authorized to execute
the Mylar of the Catalina Lakes Plat prepared by Lawson, Noble & Webb, Inc., attached hereto
as Exhibit "A ".
SECTION 2. This Resolution shall be effective upon adoption.
INTRODUCED, PASSED AND ADOPTED THIS DAY OF
ATTEST:
Carol Gold, MMC, City Clerk
VOTE:
Mayor Russo
Vice Mayor Jablin
Councilwoman Furtado
Councilman Clark
Councilman Sabatello
Joseph R. Russo, Mayor
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY.
City Attorney
AYE NAY ABSENT
ft be
FM INC.
CONSULTING CIVIL ENGINEERS,
SURVEYORS & MAPPERS
CIVIL
AGRICULTURAL
WATER RESOURCES
WATER & WASTEWATER
TRANSPORTATION
SURVEYING & MAPPING
GIs
•
"Partners for Results
Value by Design"
50 S.W. Corporate Pkwy.
Palm City, FL 34990
(561) 286 -3883
Fax: (561) 286 -3925
www.lbfh.com
MEMORANDUM
TO:
Carol Gold
FROM:
0
Sean C. Donahue, P.E.
DATE:
February 7, 2001
FILE NO.
98 -4022
SUBJECT: Catalina Lakes -Plat
Attached please find the final plat for the referenced project prepared by
Lawson, Noble & Webb, Inc. received on January 24, 2001. We have
reviewed the plat for technical compliance with Chapter 177 of the Florida
Statutes and the City of Palm Beach Gardens requirements. We have no
engineering concerns with this plat. Therefore, we recommend its approval.
SCD/
cc: Steve Cramer
Mark Smiley - Lawson, Noble & Webb, Inc.
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I
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: January 30, 2001
Meeting Date: February 15, 2001
Subject/Agenda Item:
Consideration of Approval: Resolution 29, 2000
Petition MISC- 00 -01: Fairway Office Center Site Plan Amendment
A request by Merin, Hunter, Codman Inc., agent for 7100 Fairway LLC, to consider a petition for
an amendment to the approved site plan for Fairway Office Building for the construction of covered
parking structures for 66 existing parking spaces.
Recommendation/Motion:
Staff recommends that the City Council approve Resolution 29, 2000, with three waivers and one
condition.
Reviewed by:
Originating Dept.:
Costs: $_0�
Council Action:
Total
City Attorney
Growth Management
[ ] Approved
Finance N/A
S 0
[ ] Approved w/
Current FY
conditions
ACM
L"-
'4)m
[ ] Denied
Advertised:
Other N/A
Funding Source:
[ ] Continued to:
Attachments:
Date:
[ J Operating
Resolution 29, 2000
Paper:
[ ] Other N/A
Plans A- 1.1,L- 1,L-2, PA -1,
Awnings Plus Diagram
10/24 & 11/17/00 NAI Ltrs
10/23/00 & 1/22/01 PGA
HOA Letters
11/15/00 City Forester Ltr
2/25/00 Fire Dept. Memo
3/14/00 Seacoast Letter
1/4/01 LBFH Letter
2/16/00 Bldg. Official
x ]Not Required
Memo, Details Sheet
e
wb[
Management ]Zr.
Affected parties
Budget Acct #:
Approved by:
] Notified
[ ] None
City Mana e
[ x ] Not required
BACKGROUN :
The Fairway Office Center is located on a 12 -acre parcel within PGA National Planned Community
isDistrict (PCD) and is bound on the north by PGA Boulevard, to the south by Fairway Drive, to the
Date prepared: January 30, 2001
Meeting Date: February 15, 2001
Petition MISC -00 -01
Page 2 of 6
east by the Bascom Palmer Site, and to the west by Avenue of the Champions. The PGA National
DRI was approved on August 31,1978, by Resolution 43, 1978. On February 1, 1979, City Council
approved the PGA National Planned Community District by Ordinance 34, 1978.
The site plan for Fairway Office Center was approved on July 16, 1998, by Resolution 55, 1998. The
site plan was approved for two office buildings totaling 176,600 square feet, to be completed in two
phases. Phase one for this project has been completed (88,300 square feet and 365 parking spaces)
and the petitioner will be receiving a Certificate of Occupancy once all staff comments are satisfied
and the plat is approved. This request includes covered parking for the existing phase 1 and the
future phase 2.
The proposed vinyl- covered parking structures will be a beige color per the color sample submitted,
and the supporting framework structure will be steel tube columns painted beige to match the
existing building.
DISCUSSION
A. Land Use and Zoning
The current land use designation for the subject site is Commercial (C) with a Planned Community
District (PCD) zoning. For a complete listing of adjacent uses, land use designations and zoning
districts, see Table I.
B. Proposed Amendment
The petitioner is proposing to provide 66 covered parking spaces where the original spaces were
approved. The location of parking spaces and the circulation on the site will remain the same.
Except as discussed below under "waivers ", the applicant's proposal complies with all of the
code criteria for covered parking found in Section 190. They have submitted a certification from
an engineer indicating that the covered parking structure will meet the design criteria for 110 -
mph wind speed and wind loading.
C. Waivers
The petitioner is requesting three waivers as shown below:
(1) The number of covered parking spaces allowed for this project. According to Section
190 (g), Maximum Amount, of the Land Development Regulations, "Covered parking
structures shall not exceed five percent of the required parking for the site." There are
589 parking spaces required for this project; therefore, the allowable number of covered
Date prepared:January 30, 2001
Meeting Date: February 15, 2001
Petition MISC -00 -01
Page 3 of 6
parking is 30 spaces, whereas, 66 covered parking spaces are proposed. The proposed
number of covered spaces is 11% of the total required spaces. The petitioner has
indicated that due to the Class A nature of the office building and the type of tenants who
will occupy the building, there is a need to provide covered parking in excess of what is
currently allowed by the code.
(2) Landscaping. According to Section 190 (f), Landscaping, of the Land Development
Regulations, the installation of the covered parking structure shall not interfere with the
natural growth of the required landscaping. The petitioner has indicated any landscaping
that may be affected by the covered parking will be relocated on site along the perimeter
to further screen the structures from local traffic. They propose to install additional
shade - tolerant shrubs in those areas where trees are to be removed and relocated to
accommodate the proposed covered parking.
(3) Location. According to Section 190 (h), Location, of the Land Development Regulations,
Covered parking structures shall be located in the rear of the principal building to which
the parking structure is accessory. The applicant is requesting a waiver from this
requirement in order to place the Phase 2 covered parking structure at the eastern side of
the building as indicated on the site plan.
TABLE I
EXISTING ZONING AND LAND USE DESIGNATIONS
& SITE ANALYSIS
EXISTING USE ZONING
LAND USE
Subject Property
Planned Community District
Commercial
Office
(PCD)
(C)
North
Planned Development Area
Commercial
Vacant
(PDA)
(C)
South
Planned Community District
Commercial
Fairway Office Plaza
(PCD)
(C)
East
Planned Community District
Commercial
Bascom Palmer Site
(PCD)
(C)
West
Planned Community District
Professional Office
PGA Headquarters
(PCD)
(PO)
is
•
•
Date preparedlanuary 30, 2001
Meeting Date: February 15, 2001
Petition MISC -00 -01
Page 4 of 6
CONSISTENCY WITH THE CODE
Consistent
Code Requirement
Proposed Plan
Yes
PCD- Planned Community
District, Commercial
Office
Yes
Lot Coverage (35 %)
8%
Yes
Parking 589 Spaces
665 spaces
Yes
Front Setback: 50'
410'9"
Yes
Side Setback: 15' -40'
122'
Yes
Rear Setback (PGA): 55'
8218"
Waiver (previously granted)
Building Height: 36'
Max. 62'
Yes
Open Space (15 %)
38.5%
C. Procedure
This request has been classified as a miscellaneous petition since the development review
processes outlined in Section 20 are not applicable. The changes are greater than can be
approved administratively and less than what would be considered as a major amendment to the
site plan. The City Council has the authority to approve the request, approve with conditions, or
deny the request.
D. Project Details
The petitioner is proposing an amendment to the site plan approved by Resolution 55, 1998, for the
Fairway Office Center located within the PGA National Planned Community District. The
amendment is to construct 66 covered parking spaces where the original parking spaces were
proposed.
The petitioner has stated in the application that the request is necessary due to the fact that the new
building will be a class A office building and will be occupied by corporate executives who need
covered parking for the protection of their vehicles. The petitioner has also stated that the covered
parking will be surrounded by landscape berms and plantings that are high enough to buffer the
structures from PGA Boulevard.
Date prepared:January 30, 2001
Meeting Date: February 15, 2001
Petition MISC -00 -01
Page 5 of 6
It should also be noted that the PGA National Property Owners Association Architectural Review
Committee has reviewed and approved the covered parking request as submitted using the beige
vinyl awning. The attached letter dated October 23, 2000, from the Association also states that no
additional trees will be required around parking enclosure due to the existing landscaping in the
islands and that any trees removed to construct the structure must be relocated on site.
At the request of Council at the January 18, 2001, meeting, an additional letter from the PGA
Property Owners Association is attached which states, "The Board of Governors hereby confirms
acceptance of "vinyl covered" parking structures as preferred by the Architectural Review
Committee (see attached approval letter dated 10/23/00) for Fairway Office Center."
E. StafVAgency Comments
• City Forester has reviewed the plans and had the following comments:
a. He recommended that the awning design for the covered parking be redesigned so
that no trees or palms are removed as required under Section 190(f). He did not agree
there is room on site to relocate the oaks and palms displaced by this proposal. He
further suggested the awning design have openings for each landscaped parking
island.
The. petitioner chose not to comply with the City Forester's suggestions since they had
received approval from the Property Owners Association.
b. The location of the phase two covered parking would require a waiver, which he
would not support. He believed the location of the east covered parking structure
should be at the rear (south side) of the principal building and not along PGA
Boulevard.
• Building Official has reviewed the request and has no adverse comments.
• Fire Rescue Department has no adverse comments or concerns.
• Assistant City Engineer has reviewed the petition and has stated that the applicant will need
to request a waiver of the number of covered parking spaces; a photometric plan was
requested and approved; the relocation of all landscaping needs to be approved by the City
Forester.
• Seacoast Utility Authority has reviewed and approved the petition.
•
10
F. City Council Comments
Date prepared:January 30, 2001
Meeting Date: February 15, 2001
Petition MISC -00 -01
Page 6 of 6
At its meeting of January 18, 2001, it was the consensus of City Council that a permanent
structure was preferred over the vinyl covered parking. The Council requested that
representatives of the PGA Property Owners Association provide comments that they preferred
the vinyl covered parking rather than permanent structures.
RECOMMENDATION:
Staff recommends approval of Petition MISC -00 -01 subject to granting of the three requested
waivers and the condition that City Forester approve the relocation of the landscaping.
G: short misc0001.cc2
jh
•
•
0
Prepared January 30, 2001
RESOLUTION 29, 2000
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, AMENDING
RESOLUTION 55, 1998 TO ALLOW FOR THE
CONSTRUCTION OF COVERED PARKING FOR 66
EXISTING APPROVED PARKING SPACES IN THE
FAIRWAY OFFICE CENTER LOCATED WITHIN THE PGA
NATIONAL PLANNED COMMUNITY DISTRICT; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City has received an application from Merin, Hunter, Codman, Inc. to
amend Resolution 55, 1998 to allow for the construction of 66 covered parking spaces within the
PGA National Planned Community District; and
WHEREAS, Resolution 55, 1998 was approved for two office buildings, totaling 176,600
square feet,, known as The Fairway Office Center; and
WHEREAS, the City's Growth Management Department has determined that approval of
the requested amendment to Resolution 55, 1998 is consistent with the City's Comprehensive Plan
and Land Development Regulations; and
WHEREAS, the PGA Property Owners Association, Inc., has confirmed acceptance of "vinyl
covered" parking structures as being the type preferred by the Architectural Review Committee for
Fairway Office Center.
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 approves
Merin, Hunter, Codman, Inc.'s request for the construction of 66 covered parking spaces to be
located in existing approved parking areas at the Fairway Office Center site located within the PGA
National Planned Community District.
SECTION 2. The following waivers are hereby granted with this approval:
(1) Covered Parking Structures, Section 190 (g), Maximum Amount, which allows a maximum of
5% of the required parking to be designated as covered parking, to allow 11% of the required
parking to be covered.
(2) Landscaping, Section 190 (f), which requires that the installation of the covered parking
is structures not interfere with the natural growth of the required landscaping, to allow the
relocation of 18 trees on site to further screen the structures from local traffic and to allow the
9 Resolution 29, 2000
installation of additional shade - tolerant shrubs in those areas where trees are to be removed and
relocated.
(3) Location, Section 190 (h), which requires, in part, that parking structures shall be located in the
rear of the principal building to which the parking structure is accessory, to allow the structures
to be located east of the Phase 11 building and south of the Phase 1 building as shown on Site
Plan A -1.1 dated December 20, 2000.
SECTION 3. Said site plan is approved subject to the following conditions, which shall be
the responsibility of the applicant, its successors or assigns:
1. Landscaping to be relocated along perimeter of site shall be approved by the City Forester.
SECTION 4. Said approval shall be consistent with documents on file with the City's
Growth Management Department as follows:
1. December 20, 2000, Site Plan A -1.1 by M.J. Anderson Architectural Services, Inc.
2. December 19, 2000, Landscape Development Plan, Sheets L-1 and L-2 by George G. Gentile
& Associates, Inc.
3. December 19, 2000, Site Plan — Photometric by Gilman & Associates for M.J. Anderson.
4. Beige Color Sample received February 3, 2000.
5. Structure Diagram dated February 3, 2000, by Awnings Plus.
SECTION 5. This Resolution shall be effective upon adoption.
PASSED AND ADOPTED THIS
JOSEPH RUSSO, MAYOR
COUNCILWOMAN LAUREN FURTADO
COUNCILMAN CARL SABATELLO
DAY OF
2001.
ERIC JABLIN, VICE MAYOR
COUNCILMAN DAVID CLARK
10 Resolution 29, 2000
ATTESTED BY:
CAROL GOLD, CITY CLERK
VOTE:
MAYOR RUSSO
VICE MAYOR 7ABLIN
COUNCILMAN SABATELLO
COUNCILWOMAN FURTADO
COUNCILMAN CLARK
•
U-1
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY:
CITY ATTORNEY
AYE NAY ABSENT
PGA PROPERTY OWNERS ASSOCIATION, INC.
Shoppes On The Green
7100 Fairway Drive, Suite 29
Palm Beach Gardens, Florida 33418
TELEPHONE January 22, 2001 FACSIMILE
(561) 627.2800 (561) 621.6324
City Council, City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33410
RE: FAIRWAY OFFICE CENTER
Dear Council Members:
Reference is made to the ARC's letter of October 23, 2000.
In maintaining consistency with existing covered parking structures in the Fairway Office Park,
the Board of Governors hereby confirms acceptance of "vinyl covered" parking structures as
preferred by the Architectural Review Committee (see attached approval letter dated 10/23/00)
for Fairway Office Center.
This structure shall include a beige vinyl awning with framework painted to match the building,
similar to the style used at the Fairway Office Building on the opposite side of Fairway Drive.
No trees need to be added; however, any trees removed to install the structure must be relocated
on site.
Thank you for your cooperation.
Sincerely,
��- A .�
Phlll g S. Lyddon R e A. Segalyice President
f
GJx � <Cli
F ank Sca tritojJTre� surer Ja to c , sst. Treasurer
z,
eiss, Difector; Chairman, ARC
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this 22 "d day of January, 2001 by
Phillip Lyddon, Robert Segal, Frank Scaltrito, Jane Broderick, Ralph Infanti, Philip Slifka, Kevin
Bradley and Burton Weiss, who are personally known to m nd did not take an oath.
_
By:
wOF �t PcGGY J. NIIGEi Notary ubiic, etate of Flokd
I �
MY Canm Exp. $(I WW2 b City of P R ;
No. CC 774996
�_._ s r �cr►6ioo fl on,er Lo. JAN 20
— A7ANACE &j .
OEPAPi --
PGA PL -jPERTY OWNERS ASSOCIA'aTON, INC.
Shoppes On The Green
7100 Fairway Drive, Suite 29
Palm Beach Gardens, Florida 33418
TELEPHONE FACSIMILE
(561) 627 -2800 (561) 622 -6324
October 23, 2000
Fairway Office Center
Merin- Hunter - Codman, Inc.
1601 Forum Place, Suite 200
West Palm Beach, Fl 33401
Re: Architectural Review Request — Parking Structure/Awning Color and Landscaping
At its October 19th, meeting, the POA Architectural Review Committee reviewed the above
referenced request for aesthetic purposes and compliance with the PGA Property Owners
Associations community standards.
It is the decision of the Committee to approve the request as submitted using the beige vinyl
awning as submitted. Framework to be painted to match existing building. It is also noted that
no additional trees will be required around parking enclosure due to the existing landscaping in
the islands. Any trees removed to construct the structure must be relocated on site.
Owners are responsible to ensure that all modifications comply with state and local law,
including, but not limited to, all pertinent building codes.
Sincerel ,
J hn Metten
�/
irector of Architectural Review and Compliance
PGA Property Owners Association, Inc.
JM:pjn
Cc: HOA
ARC -GEN- APPROVAL
y 4
City 01 P.B. Gardens
'JAN 29 2001
GKY, i H
MANAGEMENT
DEPARTMENT
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IZI
Ci I Y OF PALM BEACH GARDENS
MEMORANDUM
TO: Jackie Holloman, City Planner DATE: November 17, 2000
APPROVED:
FROM: Scott Fetterman, Depute Chief, Administration
SUBJECT: MISC- 00 -01: Fairway Office Center Site Plan Amendment for Covered
Parking
The Fire Rescue Department has reviewed the above referenced petition and has no
adverse comments or concerns at this time. Thank you for your consideration in this matter.
Please feel free to contact me if you have any questions or any future changes are proposed.
R cal
Memo to File
From: Mark Hendrickson, City Forester Irod-
Subject: MISC- 00 -01, Fairway Office Center Covered Parking
Date: November 15, 2000
I have reviewed the plans submitted October 24, 2000 for the above - referenced project
and provide the following comments:
• I recommend that the awning design for the covered parking be redesigned so that no-
trees or palms are removed. This is a code requirement under Section 190 (f). I do
not agree there on room on site to relocate the Oaks and palms displaced by this
proposal. I suggest the awning design have openings for each landscaped parking
island.
• The location of the phase two covered parking would require a waiver, which I
would not support. The location of the covered parking structure should be in the
rear of the principal building not along PGA Boulevard.
•
INC. MEMORANDUM
�)NjIA.TING CIVIL I:\l-1 \I:I.KS.
>UaVEYORr n MAITCYS
TO: Jackie Holloman
FROM: Sean C. Donahue, P.E.L-�9
DATE: January 4, 2001
FILE NO. 98 -0103
CIVIL
AGRICULTURAL
WATER RESOURCES SUBJECT: Fairway Office Center - Amendment for Covered Parking
WATER & WASTEWATER
TRANSPORTATION
SURVEYING & MAPPING RTATN We have reviewed the lighting plan for the referenced project prepared by
M.J. Anderson Construction Corp. received on December 26, 2000. We
CIS have no engineering comments regarding the lighting plan.
SCD/
cc: Steve Cramer
Karen Craver
P:\PR0JECTS\PBGMEM0\0103\0103zb
"Partners for Results
Value by Design"
�50 S.W. Corporate Pkwy.
Palm City, FL 34990
(561) 286 -3883 '
Fax: (561) 286 -3925
www.11)fll.com
•
U-.�
PLANNING & ZONING DEPARTMENT
LETTER OF TRANSMITTAL
DATE: February 16, 2000
Mr.Sean Donahue
Lindahl, Browning, Ferrari & Hellstrom, Inc.
TO: City Engineers
CC: Jack Hanson
Bruce Gregg, Seacoast Utility Authority
City Clcrk (for the -..0 >>nty Prone rty- Anp=ai -.e-r-)
RE: MISC- 00- 01 _Fairway Office Center Site Plan Amendment
(Covered Parking)
We are sending you attached the following items:
�Q Plans 0 Copy of Letter 0 Other:
# of Copies
Description
1
Site Plan, Landscape Plan
These are transmitted as checked below:
o For Approval
o For Your Use
o As Requested
XFor Review and Comment
o Approved as Submitted
o Approved as Noted
o Returned for Corrections
o Other:
Remarks: Please respond within 7 days. Thank you.
Signed: Bahareh Keshavarz A-
growth 6
\traneDmit. frm^
� `� CSC �` � ✓`� �CaGG n� �Gh ✓f 4,1 zt u
C
4/ "1 11
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: February 15, 2001
Date Prepared: January 31, 2001
Subject/Agenda Item:
Ordinance No. 2, 2001 regarding Water Shortage Regulations
Recommendation /Motion:
It is recommended that Ordinance No. 2, 2001 be adopted.
Reviewed by:
Originating Dept:
Costs: $ NIA —
Council Action:
Total
City Attorne
Growth Management
[ ] Approved
Finance
Code Enfo 9gment
Divisia %""�Z4a
�� ►►��""
Other
$ NIA
( ] Approved w eandnoa:
Current FY
[ ] Denied
Funding Source: NIA
[ ] Continued to:
Advertised:
Date:
[ ] Operating
Attachments:
Paper:
[ ]Other
1. Ordinance No. 2, 2001
2' �ssm�iar a U Water
e
[x ] Not Required
3. Reocp�onail Water
se a ix
MS1 by :
Mgt Director
Affected parties
[ ] Noted
Budget Acct #:
[ ] None
Approved by:
City Man ag
[ x ]Not required
BACKGRO�4:
On September 13, 2000 in response to the continued low level of Lake Okeechobee, South
Florida's backup water supply and as an option included in the South Florida Water
Management District's water - supply contingency plan, developed this summer to ensure
adequate regional supplies until next summer, the District advised all users in Monroe,
40 Miami -Dade, Broward and Palm Beach counties to voluntarily conserve water resources.
The intended result was to achieve a 15% reduction in consumption. This goal was not
achieved as evidenced by only an average of 1 -10% water use reduction.
f,G
City Council
Meeting Date: February 15, 2001
Preparation Date: January 31, 2001
Ordinance No. 2, 2001
On November 29, 2000, an Emergency Water Shortage was declared by the District, followed
by an emergency order on December 8, 2000 placing mandatory Phase I restrictions on water
usage in Monroe, Miami -Dade, Broward and Palm Beach counties. These restrictions
primarily affected residential water usage for landscape irrigation and car washing. The
anticipated result was a 15% reduction in water use. On January 11, 2001 the District
determined that Phase I water use reduction yielded only a 10% decrease- and - subsequently
imposed more stringent Phase II restrictions on water usage.
Current conditions indicate that water levels in Lake Okeechobee are at a record low level and
receding at a considerable pace. Further, the Climate Prediction Center is projecting a high
probability of below average rainfall from December through March 2001 in the Lake
Okeechobee Service Area and the Lower East Coast.
The District has requested the assistance of the City in the implementation and enforcement
of the current water shortage order. Adoption of Ordinance 2, 2001, authorizes law
enforcement officers and code enforcement officers to obtain compliance through both an
assertive educational campaign and, when necessary, the issuance of written citations to
violators. Ordinance 2, 2001 also provides for a fine schedule and recovery of all fees to be
deposited in the general fund of the City.
RECOMMENDATION:
Stab is recommending adoption of Ordinance 2, 2001.
is
•
ORDINANCE NO. 2, 2001
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, AMENDING CHAPTER 74 OF THE
CODE OF ORDINANCES OF THE CITY OF PALM BEACH
-
----GARDENS ENTITLED UTILITIES, BY CREATING A NEW ARTICLE
IV, SECTIONS 74 -71 THROUGH 74 -77, ENTITLED "WATER
SHORTAGE REGULATIONS;" PROVIDING FOR SEVERABILITY;
PROVIDING CONFLICTS; PROVIDING FOR CODIFICATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, a water shortage or water shortage emergency may be declared from
time to time by the South Florida Water Management District affecting the City of Palm Beach
0. Gardens; and
WHEREAS, during such water shortage condition, the amount of surface and
groundwater supplies may become insufficient to meet current or anticipated demands; and
WHEREAS, upon the existence such conditions, it becomes imperative to the
public well being that certain uses of water be restricted or curtailed and that available water
resources be allocated; and
WHEREAS, the South Florida Water Management District has primary
responsibility under Chapter 373, Florida Statutes, for regulating water use and allocating
available water supplies during periods of water shortage; and
WHEREAS, the South Florida Water Management District has adopted a "Water
Shortage Plan," codified as Chapter 40E -21, Florida Administrative Code, for the purpose of
allocating and conserving water resources during periods of water shortage and maintaining a
•
uniform approach towards water use restrictions; and,
WHEREAS, the South Florida Water Management District has requested the
assistance of the City of Palm Beach Gardens in the enforcement of the provisions of the
"Water Shortage Plan and
WHEREAS, it is the desire of the City Council of the City of Palm Beach Gardens
to provide the South Florida Water Management District with all possible assistance in the
enforcement of the provisions of the "Water Shortage Plan" during a water shortage or water
shortage emergency; and
WHEREAS, Section 373.609, Florida Statutes, provides that it shall be the duty
of county or municipal governmental and law enforcement officials to assist the South Florida
Water Management District in the enforcement of Chapter 373, Florida Statutes, and any rules
adopted thereunder, upon request by the South Florida Water Management District; and
WHEREAS, the City Council of the City of Palm Beach Gardens hereby finds and
declares that adoption of this ordinance is necessary, appropriate, and in the public interest of
the citizens of this community.
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
incorporated herein.
Section 2. The City Council hereby amends Chapter 74, of the Code of
Ordinances of the City of Palm Beach Gardens "Utilities ", by creating a new Article IV, "Water
Shortage Regulations" to read as follows:
•
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ARTICLE IV. WATER SHORTAGE REGULATIONS
Section 74 -71. INTENT AND PURPOSE.
The intent and purpose of this Article is to protect the water resources of the City of
Palm Beach Gardens from the harmful effects of over utilization during periods of water
shortage and allocate available water supplies by assisting the South Florida Water
Management District in the implementation of its Water Shortage Plan.
Section 74 -72. DEFINITIONS
The following terms, phrases, words and their derivatives, when used in this article,
shall have the meanings ascribed to them in this section. When not inconsistent with
the context, words used in the present tense include the future, words in the plural
include the singular, and words in the singular include the plural. The word "shall" is
always mandatory and not merely directory.
(a) 'District" means the South Florida Water Management District.
(b) "Person" means any person, firm, partnership, association, corporation,
company, or organization of any kind.
(c) `Water resource" means any and all water on or beneath the surface of the
ground, including natural or artificial watercourses, lakes, ponds, or diffused
surface water, and water percolating, standing, or flowing beneath the surface
of the ground.
(d) "Water shortage condition" means when sufficient water is not available to meet
present or anticipated needs of persons using the water resource, or when
conditions are such as to require temporary reduction in total water usage within
3
•
•
is
a particular area to protect the water resource from serious harm.
(e) `Water shortage emergency" means that situation when the powers which can
be exercised under Part II of Chapter 40E -21, Florida Administrative Code, are
not sufficient to protect the public health, safety or welfare, or the health of
animals, fish or aquatic life, or a public water supply, or commercial, industrial,
agricultural, recreational or other reasonable uses.
Section 74 -73 APPLICATION OF ARTICLE
(a) The provisions of this Article shall apply to all persons using the water resource
within the geographical areas subject to the "water shortage" or "water shortage
emergency," as determined by the District, whether from public or privately owned
water utility systems, private wells, or private connections with surface water bodies.
(b) The Article shall not apply to persons using treated effluent or saltwater.
Section 74 -74 AMENDMENTS TO WATER SHORTAGE PLAN
Chapter 40E -21, Florida Administrative Code, as it may be amended from time to time,
is incorporated herein by reference as a part of the Codes of the City of Palm Beach
Gardens.
Section 74 -75 DECLARATION OF WATER SHORTAGE; WATER SHORTAGE EMERGENCY
The declaration of a water shortage or water shortage emergency within all or part of
the City of Palm Beach Gardens by the Governing Board or Executive Director of the
District shall invoke the provisions of this Article. Upon such declaration all water use
restrictions or other measures adopted by the District applicable to the City of Palm
Beach Gardens, or any portion thereof, shall be subject to enforcement action pursuant
4
•
to this, Ordinance. Any violation of— the provisions of Chapter 40E -21, Florida
Administrative Code, or other any order issued pursuant thereto, shall be a violation of
this Article.
Section 74 -76 ENFORCEMENT
Every law enforcement officer, code enforcement officer, or sheriff having jurisdiction
in the area governed by this Article shall, in connection with all other duties imposed by
law, diligently enforce the provisions of this Ordinance.,
Section 74 -77 ENFORCEMENT; PENALTIES
(a) Failure to comply with the requirements of Article shall be subject, to the following
penalties:
First violation $25.00
Second violation $250.00
Third and subsequent violations Fine not to exceed $500.00 and /or
imprisonment in the County jail not
to exceed 60 days.
Each day in violation of this Article shall constitute a separate offense. In the initial
stages of a water shortage :,r -water shortage emergency, law enforcement officials may
provide violators with no more than one written warning. The City of Palm Beach
Gardens, in addition to the criminal sanctions contained herein, may take any other
appropriate legal action, including, but not limited to emergency injunctive action, to
enforce the provisions of this Article... All monies collected pursuant to this Article shall
be deposited in the general fund of the City of Palm Beach Gardens.
Section 2 The provisions of this ordinance shall become and made part of the code of laws
and ordinances of the City of Palm Beach Gardens, Florida. The sections of this ordinance
maybe renumbered or relettered to accomplish such, and the word "ordinance" may be changed
to "section ", "article," or any other appropriate word.
Section 3: All ordinances or parts of ordinances previously adopted which are in conflict
herewith, are hereby repealed to the extent of such conflict.
Section 4: If any section, paragraph, sentence, clause, phrase or word of this ordinance is
for any reason held by the court to be unconstitutional, inoperative, or void, such holding shall
not affect the remainder of this ordinance.
Section 5: This Ordinance shall take effect immediately upon adoption.
•
•
6
•
PLACED ON FIRST READING THIS DAY OF , 2001.
PLACED ON SECOND READING THIS DAY OF , 2001.
PASSED AND ADOPTED THIS DAY OF , 2001.
MAYOR JOSEPH R. RUSSO
VICE MAYOR ERIC JABLIN
ATTEST:
CAROL GOLD
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
`- COUNCILWOMAN FURTADO
COUNCILMAN SABATELLO
COUNCILMAN CLARK
COUNCILWOMAN LAUREN FURTADO
COUNCILMAN CARL SABATELLO
COUNCILMAN DAVID CLARK
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY.
CITY ATTORNEY
AYE NAY ABSENT
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. CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
•
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Meeting Date: February 15, 2001
Date Prepared: February 1, 2001
SUBJECT /AGENDA ITEM
First Reading: Ordinance 4, 2001, a request to re -zone to Planned Community
Development Overlay District (PCD) in order to construct 530 residential units and an
18 -hole golf course. The approval of this site will also provide for the extension of the
Hood Road Parkway from Alternate A1A east to Prosperity Farms Road via Flamingo
Road. The 434.19 -acre site is located east of the intersection of Alternate A1A and
Hood Road. (7- 42S -43E)
RECOMMENDATION
Staff recommends approval of Ordinance 4, 2001, which contains 60 conditions of
approval and two waiver requests.
Reviewed by:
Originating Dept.:
Costs: $
Council Action:
Total
City Attorne
Growth Management
[ ] Approved
Finance NA
$
[ ] Approved wl
ACM
Current FY
conditions
Human Res. NA
[ ] Denied
Other NA
Advertised:
Funding Source:
[ ] Continued to:
Attachments:
Date:
[ ] Operating
Paper:
[ ] Other
• Ordinance 4, 2001
• Legal Description
[X] Not Required
• Master Plan
u E 0, by:
�nage
aa na ment
Affected parties
Budget Acct. #::
Director
[ ]Notified
( ]None
Appro =: (Ut)
City Manager
[X] Not required
City Council
Meeting Date: February 15, 2001
Date Prepared: February 1, 2001
Petition PCD -99 -07
REQUEST
Land Design South, agent for Toll Brothers Development Company, Inc. Incorporated,
is requesting Planned Community Development Overlay District (PCD) approval to
construct 530 residential units and an 18 -hole golf course. The approval of this site will
also provide for the extension of the Hood Road Parkway from Alternate Al A east to
Prosperity Farms Road via Flamingo Road. The 434.19 -acre site is located east of the
intersection of Alternate Al and Hood Road. (7- 42S -43E)
BACKGROUND
This is a vacant parcel of primarily unimproved land, which in the past has been used
primarily for agricultural purposes. To the north of the site is the Frenchman's Creek
PCD. To the south of the site is the Cabana Colony residential subdivision, located
within unincorporated Palm Beach County. To the east is the Palm Beach County
Frenchman's Forest Preserve. To the west are Alternate Al and the FEC Railroad.
This parcel was part of the MacArthur land divestiture, and is subject to the remaining
conditions of the Forbearance Agreement. The present owners are Toll Brothers, Inc.
This property has been subject to a development approval in the past. The "Wynfield° or
"Millpond" community proposed 1,700 dwelling units for the subject site and the site of
the present day Frenchman's Forest. This proposed community was never approved by
City Council.
LAND USE & ZONING
The subject site is zoned Planned Development Area (PDA), has a future land -use
designation of Residential Low (RL), and is listed as Residential Low (RL) on the Vision
Plan. The applicant wishes to rezone the site to Residential — Low Density 3 (RL -3),
with a Planned Community Development Overlay District (PCD). For a complete listing
of adjacent uses, land -use designations and zoning districts, see Table 1 on the
following page. Table 2 on page four (4) examines the consistency of the proposed
project with the City Code and future land -use designation for the site.
CONCURRENCY
The proposed project received concurrency certification on December 8, 2000, which
included concurrency for traffic, drainage, solid waste, sewer and water. The traffic
concurrency is contingent upon several provisions, which have been incorporated into
0 2
U-J
City Council
Meeting Date: February 15, 2001
Date Prepared: February 1, 2001
Petition PCD -99 -07
the proposed conditions of approval.
PROCEDURE
This is a request for approval of a Planned Community Development Overlay District
(PCD). The request is reviewed by City Staff and the Development Review Committee,
who forward comments and recommendations to the Planning and Zoning Commission.
Acting in an advisory role, the Commission considers the recommendations of the DRC
and City Staff and makes a recommendation to the City Council. The City Council
reviews the request for PCD approval, and makes a final determination of approval,
approval with conditions, or denial.
Subject Property
Vacant/Undeveloped
North
Frenchman's Creek Planned
Community District (PCD)
Planned Development Area
(PDA)
Planned Community District
Residential — Low Density (RL)
Residential — Low Density (RL)
South Palm Beach County Palm Beach County — RM -5
Unincorporated Palm Beach Residential Medium
County — Cabana Colony
Residential Community
East Planned Development Area Conservation
Frenchman's Forest County
Preserve
West
Altemate Al A, FEC Railroad
Seacoast Utilities
Unincorporated Palm Beach
County — Campground
Undeveloped lands — Palm
Beach Gardens — Proposed
Evergreen PCD
Public/Institutional
Public
Palm Beach County AR — SE I Palm Beach County MR5
Palm Beach Gardens PDA
0 3
Residential Medium
0
City Council
Meeting Date: February 15, 2001
Date Prepared: February 1, 2001
Petition PCD -99 -07
Site Residential — Low Density Residential —Low Density 3 Yes
Maximum Residential Density
1.22 d.u. /acre
Yes
RL : 5 d.u. /acre
Minimum PCD development
50 acres
Yes
size: 434.19 acres
Unified Control:
One property owner
Yes
One property owner
Community Serving Open
24%
Yes
Space: Minimum of 20%
Community Serving Open
To be reviewed at site plan level
Yes
Space: Residential
Components: Minimum of 35%
Upland Native Plant Community
49.01 acres
Yes
Preservation:
Minimum of 25% identified
0 PROJECT DETAILS
Building Site
The building site totals approximately 434.19 acres. The proposed plan will create 430
single - family detached homes and 100 attached units, for a total of 530 dwelling units.
The development will also include a 40,000 square foot clubhouse, a 20,000 square foot
tennis center and a 3,000 square foot pool and spa and eighteen -hole golf course.
The applicant is also proposing to construct a 3.2 -acre maintenance facility on the south
side of the Cabana Colony Canal, directly adjacent to the Cabana Colony residential
community. The applicant is proposing a 36 -foot wide buffer around this site to screen
the use from adjacent residential areas. A 100 -foot wide landscaped culvert will access
the site.
Site Access and Roadways
Hood Road Parkway
Access to the site is available from the proposed Hood Road extension, which shall be
constructed by the petitioner. The Hood Road extension shall connect Alternate A1A
with Prosperity Farms Road, as required by the City's Comprehensive Plan. This
extension must also meet the "Parkway" requirements set forth in both the
0 4
City Council
Meeting Date: February 15, 2001
Date Prepared: February 1, 2001
Petition PCD -99 -07
Comprehensive Plan and the Land Development Regulations. These requirements
called for "parkway treatments" within a 55 -foot corridor. The applicant is proposing a
60 -foot wide right of way with corridors on either side, which incorporate "parkway
treatments" such as native landscaping and a meandering eight -foot multi -use pathway
along the northern side of the right -of -way. Although at some locations along the
Parkway, the parkway corridor is only 20 feet, the applicant has provided a 110 -foot
corridor along a significant length of the parkway. Averaging to meet the minimum width
requirements is allowed per City Council approval.
An internal "spine road" shall access all parcels within the ,proposed PCD, with the
exception of one (Pod H). The spine road shall intersect with the Hood Road extension
at a proposed roundabout.
Siqnaqe
Entry signage is proposed at the intersection of Hood Road and Alternate Al A. The
entry signage is to be incorporated into an overall entry feature design. The applicant is
also proposing an overall PCD signage program for the individual parcel entries. The
applicant has proposed a separate signage petition for review by the Planning and
Zoning Commission and City Council.
Landsca pinq/Bufferinq
The site will have a 55 -foot landscape buffer along Alternate A1A, as required by the
Land Development Regulations. The applicant is proposing a PCD buffer system
surrounding the entire site. The buffer width varies from 0' at a minimum (at the point
where Hood Road extension bisects the northern property line at the northeast corner of
site) to 150' near the northwest corner of the property. Additional buffer widths include:
30 feet along the western boundary, Alternate A1A; 30 feet along the southern
boundary, Cabana Colony Canal; 20 feet along the eastern boundary adjacent to the
Frenchman's Forest preserve; 40 feet along the eastern boundary adjacent to
Frenchman's Landing. The applicant shall be responsible for the landscaping, irrigation,
and maintenance of the parkway easements and buffers on Hood Road Extension and
Alternate A1A adjacent to the project. The property owners association documents
shall provide language providing for the long -term maintenance responsibility.
The applicant has also agreed to install landscaping along Flamingo Road, adjacent to
the Sanctuary, Frenchman's Landing and Crystal Pointe communities. The applicant
has indicated that they are in the process of developing a maintenance agreement with
the various homeowners associations to address the responsibility of maintenance of
the landscaping.
0 5
•
City Council
Meeting Date: February 15, 2001
Date Prepared: February 1, 2001
Petition PCD -99 -07
Phasing
The proposed project will be built in one phase, beginning with Pod G in the western
section of the site and proceeding to the eastern sections. The applicant has proposed
to establish a temporary information center with direct access from Alternate AIIA, a
detail of which is included on the master site plan. The applicant is proposing a
temporary sales center and a model home center, which is to be incorporated into the
first site plan petition (Pod G). The applicant has provided a site plan of the sales and
model home center as part of the PCD approval request.
Drainage
There are ten retention lakes provided on -site to handle stormwater
retention facilities are incorporated into the golf course and residential
amenities. The applicant is required by code to provide for a 20
Maintenance Easement (LME) around all retention facilities. Outfall
achieved via three control structures. Two control structures drain i
Colony Canal along the southern boundary of the site, and the third
drains into the Frenchman's Preserve property, to the east of the site.
• 6
run -off. These
parcel design as
foot wide Lake
from this site is
nto the Cabana
control structure
•
•
•
City Council
Meeting Date: February 15, 2001
Date Prepared: February 1, 2001
Petition PCD -99 -07
Waivers
The applicant has submitted waiver requests, including justification statements (see
attachment), for the following:
Code Section
Required
Provided
Waiver
Staff
Recommendation
Section 256 — Sidewalks
Sidewalks to be
Sidewalk
One side
Support
provided on both
on north
of road.
sides of street.
side of
sine road.
Section 106 — Parkways
Six foot sidewalk
One 8 foot
One side
Support
one side, 12 foot
multi -use
of road.
multi -use pathway
pathway,
on the other.
north side..
OUTSTANDING COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE
(DRC)
City Enqineer
The City Engineer has several outstanding
the City Engineer's memorandum dated
incorporated into the conditions of approval.
concerns. These concerns are outlined in
December 26, 2000, and have been
All DRC comments are on file at the Growth Management Office.
COMMENTS FROM THE PLANNING AND ZONING COMMISSION
At its January 9, 2001 meeting, the Planning and Zoning Commission held a public
hearing on this petition. The main concern regarding the petition was the waiver request
for site specific development standards (such as setbacks, building lot coverage, etc.).
The Commission had a concern that the granting of these waivers at the master
planning level may not be appropriate without the detail of the parcel site planning
available. Staff has recommended to the applicant that they request these development
standard waivers at the individual pod site plan approval level.
In accordance with these concerns, the Planning and Zoning Commission unanimously
recommended approval of petition PCD -99 -07 with 62 conditions of approval and two
waiver requests, which were specific only to the master plan.
rl
•
City Council
Meeting Date: February 15, 2001
Date Prepared: February 1, 2001
Petition PCD -99 -07
STAFF RECOMMENDATION
Staff is recommending that the City Council approve petition PCD -99 -07 with the
following conditions of approval:
Project Plans and Uses
1) Fee simple residential lots shall not include parkways, landscape easements or
buffers, lake maintenance areas or any water management area, golf course or
any other community- serving open space (Planning and Zoning).
2) Parcel access illustrated on the master plan is conceptual in nature and shall be
subject to site plan review and modification for geometry, operational and safety
design details. The County must also approve parcel access points onto Palm
Beach County roadways (City Engineer, Planning and Zoning).
3) Public road cross - sections, to be dedicated to Palm Beach County, are
conceptual in nature and shall be subject to joint review by Palm Beach County
and Palm Beach Gardens (City Engineer).
4) The applicant shall obtain approval from the Growth Management Department for
the clearing and rough filling of a Pod during the construction of the lakes and
golf course prior to Site Plan approval of said pod (City Engineer).
5) Prior to issuance of the first Certificate of Occupancy in Pod G, the petitioner
shall remove the temporary information center and parking area (Planning and
Zoning).
Environmental Preservation and Landscaping
6) The applicant, successors, or assigns shall be responsible for the installation and
maintenance of the landscaping (including irrigation, electricity, mastarm lighting,
crosswalk pavers, and overhead power) in the medians and along the eastern
road shoulders of Alternate A1A for those sections of the roadway adjacent to
the Frenchman's Reserve Planned Community Development (PCD). The
landscape plans for Alternate A1A shall be prepared by the applicant based on
the City Roadway Beautification Master Plan, when said plan is adopted by the
0 8
•
City Council
Meeting Date: February 15, 2001
Date Prepared: February 1, 2001
Petition PCD -99 -07
City. The Alternate A1A landscaping shall be installed prior to the first certificate
of occupancy of Pod G, or the applicants shall place monies, in an amount
acceptable to the City, in an escrow account established by the applicant to be
used by its successors or assigns to complete the project. The City shall require,
as a condition of approval of any new project located west of the Frenchman's
Reserve PCD, that such new project shall bear its proportionate share of the cost
of the continued maintenance of Alternate A1A landscaping. In the event the
City of Palm Beach Gardens, or another entity, forms a special district pertaining
to the landscape maintenance of Alternate A1A, then the Frenchman's Reserve
property owners association 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 Palm Beach Gardens (Planning
and Zoning).
7) Within 90 days of the effective date of this development order, the applicant shall
submit detailed landscaped plans of the Alternate A1.A right -of -way, including
medians, for that portion adjacent to the applicant's property and post surety
acceptable to the City and Palm Beach County for installation of said
landscaping. These plans shall be consistent with the proposed expansion of
Alternate A1A from four to six - lanes. Installation of landscaping shall occur
concurrent with the widening of Alternate A1A (Planning and Zoning).
8) Prior to approval of construction plans or commencement of land alteration,
whichever occurs first, the applicant shall provide a management plan for golf
course construction to ensure Best Management Practices are incorporated to
eliminate the potential for nutrient laden runoff into the wetlands. Techniques
may include spreader- swale, inverted fairways, etc. The plan shall also include
development pod, golf course and cart path topographic elevations (City
Forester, City Environmental Consultant).
9) The applicant shall take extreme caution when filling in and around preservation
areas to ensure the protection of the root zone and canopy drip line area. No
detrimental changes in pH and topography /drainage may result in disturbance or
destruction of the preserve areas. Applicant's landscape architect and /or
environmental consultant during land alteration /construction activities shall
monitor protection of the preserve and buffer areas (City Forester, City
Environmental Consultant).
10) The proposed project shall be micro -sited to ensure the protection of listed plant
and animal species, ensure that the highest quality wetlands and uplands are
9
City Council
Meeting Date: February 15, 2001
Date Prepared: February 1, 2001
Petition PCD-99 -07
preserved intact and ensure that an adequate buffer is maintained around all
preserved areas (City Forester, City Environmental Consultant).
11) Prior to commencement of land alteration and /or construction, certification shall
be required from the applicant's landscape architect and /or environmental
consultant stating the highest quality preserve and buffer areas and all listed
plant and animal species have been maintained on -site within a functional
ecosystem (City Forester, City Environmental Consultant).
12) All preserve areas, native vegetation, and trees to be preserved shall be
identified with protective fencing. The Growth Management Department shall
conduct a site visit prior to commencement of land alteration or clearing to
confirm that the areas identified pursuant to Chapter 102- 10(5)e and the
approved Preservation /Relocation Plan are protected (City Forester, City
Environmental Consultant).
13) Within nine (9) months of the effective date of this development order, the
applicant shall submit detailed on -site road right -of -way and parkway /buffer
landscape plans for all public roads and adjacent common space areas, including
pump station screening, for Growth Management Department approval. The
landscape plans for public roadways shall include conceptual median landscape
details. The maintenance of the landscaping shall be the obligation of the
applicant and /or its successors and assigns. Said landscaping shall be installed
consistent with the Master Plan (Planning and Zoning).
14) Detailed road right -of -way and buffer landscape plans for non - public roadways
shall be reviewed and approved by the Growth Management Department prior to
issuance of a permit to construct said road or phase thereof (Planning and
Zoning).
15) Prior to commencement of land alteration /construction of any golf courses, a
conceptual landscape plan and grading plan for the entire golf area
(fairways /roughs, cart path areas, etc.) to be constructed shall be reviewed by
the Department, in consultation with the City Environmental Consultant. The
plans shall detail and locate all golf cart and maintenance pathways, bridges, golf
course structures, utility easements, vegetation to be preserved or relocated, and
new landscaping (Planning and Zoning, City Environmental Consultant).
16) Within nine (9) months of the effective date of this development order, the
applicant shall submit detailed PCD buffer plans for Growth Management
Department approval. The maintenance of the landscaping shall be the
• 10
City Council
Meeting Date: February 15, 2001
Date Prepared: February 1, 2001
Petition PCD -99 -07
obligation of the applicant and /or its successors and assigns. Buffers shall be
installed consistent with the PCD Buffer Plan (Planning and Zoning).
17) Preserves and buffers shall be unencumbered by maintenance, utility or drainage
easements, except as otherwise approved in the cross - sections or as may be
permitted in certain locations subject to Growth Management Department
approval (Planning and Zoning).
18) The removal of exotic vegetation, and the relocation of native vegetation
anywhere within the PCD may commence upon PCD approval. The City and the
petitioner's environmental /landscaping consultants shall monitor this work. No
clearing of native vegetation shall occur until confirmed to be ready for such work
by consultants through the City Forester and the Building Official.
Slanne
19) The Planning and Zoning Commission and City Council shall review all entry
features to the project, including entry signage, water features, clocktowers, other
architectural features, and landscaping, as well as a master signage program, as
a separate petition (Planning and Zoning).
Dedication and Improvements
20) The applicant and /or its successors or assigns shall be responsible for the
dedication of a two acre site to be used for a fire /rescue and police substation.
Such dedication shall occur within 30 -days following approval of golf course
maintenance facility site plan (Planning and Zoning).
Traffic Concurrency and Circulation
21) Prior to the first certificate of occupancy, the applicant shall install the
meandering eight foot sidewalk along Alternate A1A that is adjacent to the site
(City Engineer).
22) The build -out date for this project is December 31, 2004 as referenced in the
June 9, 1999 traffic impact analysis. For the purposes of this condition, the
project shall be considered built -out if all building permits have been issued and
the applicant is actively engaged in the development of the site (City Engineer).
23) Prior to March 30, 2002, the applicant shall construct Hood Road to a point of
Substantial Completion. Substantial Completion for Hood Road shall be defined
9 11
City Council
Meeting Date: February 15, 2001
Date Prepared: February 1, 2001
Petition PCD -99 -07
as follows: the first lift of asphalt shall be installed; a complete and operable
drainage system shall be installed; striping, if necessary, shall be installed;
access of the entire alignment shall be provided for use by the City of Palm
Beach Gardens Fire Department; and approval for use of the road by the Fire
Department shall be granted by Palm Beach County. The installation of
landscaping, sidewalks, or lighting fixtures is not required for substantial
completion (City Engineer).
24) Prior to the issuance of the first residential building permit for each pod, the City
shall accept the Substantial Completion of the Spine Road west of said pod.
Substantial Completion for the Spine Road is defined as follows: the first lift of
asphalt and a complete and operable drainage system shall be installed. The
installation of landscaping, sidewalks, or lighting fixtures is not required for
substantial completion (City Engineer).
25) Prior to the issuance of the first residential building permit for each pod, the
supporting public infrastructure of said pod shall be constructed and approved by
the City. The roadway portion of each pod shall be constructed to a point of
Substantial Completion. Substantial Completion for the roadway within the pod is
defined as follows: the first lift of asphalt and a complete and operable drainage
system shall be installed. Staff notes that the installation of landscaping,
sidewalks or lighting fixtures are not required for Substantial Completion (City
Engineer).
26) Prior to the issuance of the first building permit for any structure, the applicant
shall provide surety that is acceptable to the City for the construction of the public
improvements for the Spine Road. The applicant shall provide an annual
evaluation and adjustment of the surety for the Spine Road to account for
inflation and fluctuations of construction costs. The annual evaluation and
adjustment shall be performed prior to the first day of February -of each year (City
Engineer).
27) Prior to the issuance of the first building permit of any structure, the applicant
shall receive approval from any affected utility authorities to relocate existing
easements (City Engineer).
28) Golf Course membership shall be exclusive to the residents and their guests
(City Engineer).
29) No more than 1,589 daily trips (any combination of single and multi - family units
generating 1,589 daily trips) may be permitted until the widening of Alternate A1A
12
•
City Council
Meeting Date: February 15, 2001
Date Prepared: February 1, 2001
Petition PCD -99 -07
from PGA Boulevard to Hood Road has commenced. This improvement is part of
the County assured construction program (City Engineer).
30) No more than 2,336 daily trips (any combination of single and multi - family units
generating 2,336 daily trips) may be permitted until the construction of PGA
Boulevard /Alternate A1A flyover has commenced. This improvement is part of
the County assured construction program (City Engineer).
31) No more than 2,920 daily trips (any combination of single and multi - family units
generating 2,920 daily trips) may be permitted until the addition of eastbound and
southbound through lanes has commenced at the intersection of Alternate A1A
and Hood Road (City Engineer).
32) No more than 3,451 daily trips (any combination of single and multi - family units
generating 3,451 daily trips) may be permitted until the addition of exclusive right -
turn lanes to the northbound, westbound and eastbound approaches at the
intersection of Alternate A1A and RCA Boulevard (City Engineer).
33) No more than 3,662 daily trips (any combination of single and multi - family units
generating 3,662 daily trips) may be permitted until the construction of dual -left
turn lanes on the westbound and eastbound approaches at the intersection of
Military Trail and Donald Ross Road (City Engineer).
34) No more than 4,385 daily trips (any combination of single and multi - family units
generating 4,385 daily trips) may be permitted until the conversion of one right -
turn lane to a left -turn lane (to provide triple left turns) on the northbound
approach at the intersection of PGA Boulevard and Victoria Gardens Avenue. It
should be noted that in the event that the FDOT does not approve this change in
lane configuration, a third left turn lane needs to be added to the northbound
approach (City Engineer). - -
35) No more than 4,957 daily trips (any combination of single and multi - family units
generating 4,957 daily trips) may be permitted until the construction of an
additional exclusive northbound left -tun lane at the intersection of Alternate Al A
and Donald Ross Road (City Engineer).
36) For all required improvements that are not included in the County assured
construction program, the Developer may enter into a Public Facilities Agreement
(PFA) within 6- months of the issuance of the Development Order, and before the
first building permit is issued (City Engineer).
13
•
City Council
Meeting Date: February 15, 2001
Date Prepared: February 1, 2001
Petition PCO -99 -07
37) The applicant shall signalize the intersection of Hood Road and Alternate A1A
prior to the Certificate of Occupancy for the Fire Station or prior to August 31,
2002, whichever comes first. The signal shall be installed to be fully operational,
including all appropriate lane geometry (as determined by Palm Beach County
and the Florida Department of Transportation), pavement markings, signage,
lighting, etc. as approved. The signal shall be linked to the fire station for use as
a pre - emptive signal until the activation of the full signal is warranted (City
Engineer).
38) The developer shall perform an annual Signal Warrant Study for the intersection
of Alternate A1A and Hood Road until such time that a fully operational signal is
warranted. The existing signal described in Condition No. 38 above shall be
made active once the intersection warrants a signal and meets the approval
requirements of Palm Beach County and the Florida Department of
Transportation (City Engineer).
39) No . additional building permits (residential, sales center, models, recreation
facility, etc. with the exception of the proposed Fire Station) shall be issued after
March 30, 2002 unless the City and Palm Beach County issues a Certificate of
Substantial Completion for Hood Road as noted in Condition No. 24 (City
Engineer).
40) Hood Road shall be fully constructed including all related improvements
(landscaping sidewalk and lighting), approved by the City, and accepted by Palm
Beach County prior to August 31, 2002 (City Engineer).
41) Prior to the issuance of the building permit for Hood Road, the applicant shall
provide surety that is acceptable to the City and to Palm Beach County for the
construction of the public improvements for Hood Road. The "joint" surety shall
be in a form that -will be accessible to the City and/or Palm Beach County to
install said public improvements (City Engineer).
42) No more than 1,788 daily trips (any combination of single and multi - family units
generating more than 1,788 daily trips) shall be permitted until the widening of
Prosperity Farms Road to four lanes from PGA Boulevard to Lone Pine Road has
commenced. This condition does not apply if the road received a CRALLS
designation (City Engineer).
43) Prior to the issuance of the final certificate of occupancy for this project, the spine
road and all of the internal roadways shall be fully constructed and approved by
the City of Palm Beach Gardens (City Engineer).
14
216
•
City Council
Meeting Date: February 15, 2001
Date Prepared: February 1, 2001
Petition PCD -99 -07
44) Prior to the first Certificate of Occupancy for a Pod, the applicant shall install the
landscaping for the Spine Road adjacent to and west of said pod to the
satisfaction of the City Forester (City Engineer).
45) Prior to the issuance of the building permit for the Recreation Center, the
applicant shall plat the entire Spine Road and provide surety for the construction
of the same (City Engineer).
46) Prior to the issuance of the Certificate of Occupancy for the Recreation Center,
the applicant shall construct the Spine Road to a point of Substantial Completion.
Substantial Completion for the Spine Road is defined as follows: the first lift of
asphalt and a complete and operable drainage system shall be installed. The
installation of landscaping, sidewalks or lighting fixtures is not required for
Substantial Completion (City Engineer).
Surface Water Management
47) No construction of any portion of the surface water management system shall be
undertaken without first submitting to the City's plans, specifications, and
supporting computations for review and approval by the City (City Engineer).
48) Any proposed changes to the South Florida Water Management District
Conceptual Surface Water Management permit shall be concurrently submitted
to the City for review and City approval (City Engineer).
49) As a requirement, a sum total of area(s) constituting no less than 15% nor more
than 25% of the total shoreline distance shall be constructed as littoral shelf at
the ratio of 10 square feet of shelf per running foot of shoreline, or as required by
the City Engineer (City Engineer). --
50) Prior to the issuance of the first building permit, the applicant shall provide to the
City 40 -feet of canal right -of -way along the entire north side of the existing
Cabana Colony Canal right -of -way adjacent to the referenced project (City
Engineer).
51) Prior to the issuance of the first building permit, the applicant shall initiate
coordination with the City Engineer to achieve other means of conveyance of the
water in the Cabana Colony Canal under or through the proposed vehicular
access to the Golf Course Maintenance Facility. The conveyance shall have zero
head loss at 168 cfs, or have the ability to convey the runoff from the second Unit
15
City Council
Meeting Date: February 15, 2001
Date Prepared: February 1, 2001
Petition PCO -99 -07
2 outfall to a point downstream of the proposed vehicular access to the Golf
Maintenance Facility. The proposed plans shall be reviewed and approved by the
City Engineer prior to Site Plan approval of the Golf Course Maintenance Facility
(City Engineer).
52) Prior to the issuance of the first building permit, the applicant shall provide to the
City a recorded copy of a drainage easement and an agreement between the
developer and Palm Beach County for any proposed stormwater discharge into
Frenchman's Forest (City Engineer).
School Board
53) The applicant, successor or assigns shall post a notice of annual school
boundary assignments for students from this development in a manner required
by the Palm Beach County School District (Planning and Zoning).
Utilities
54) All utilities shall be placed underground and within road rights -of -way or recorded
easements, unless specifically approved by the Growth Management
Department (Planning and Zoning).
55) Upon approval of the development order, the applicant shall secure a "Seacoast
Utility Authority Capacity Allocation Commitment for Public Water and /or Sewer
Service ", which shall be verified by the delivery of a fully executed copy of the
document to the Planning and Zoning Division within 30 days if granting the
development order (Planning and Zoning).
56) Prior to the issuance of the building permit for each Pod, along with
- -r corresponding access and common spaces, the applicant shall provide approval -
letters from the appropriate utilities to relocate existing easements prior to
construction plan approval (Planning and Zoning).
Public Safety
57) Crime Prevention Through Environmental Design (CPTED) principles established
through cooperation with the City's Crime Prevention Division shall be utilized
during the site planning of the development parcels (Police Department, Planning
and Zoning).
0 16
•
•
City Council
Meeting Date: February 15, 2001
Date Prepared: February 1, 2001
Petition PCD -99 -07
58) The applicant and /or its successor and assigns shall provide a stabilized road
base, subject to City standards, for fire /emergency access to each development
parcel prior to the start of construction within said parcel (City Engineer, Fire
Department).
Disclosure
59) Prior to the issuance of the first residential building permit, the master property
owners association documents and restrictions shall be furnished by the
applicant to the City Attorney for review and approval prior to such documents
being recorded in the Public Records of Palm Beach County (City Attorney).
60) An annual report shall be submitted to the Growth Management Department
by February 14th of each year, until the project has reached buildout, that
describes the projects current status and compares its progress with the
provisions of the development order (Planning and Zoning).
Staff is recommending that the City Council approve petition PCD -99 -07 with the
following waivers from the Land Development Regulations:
Code Section
Required
Provided
Waiver
Staff
Recommendation
Section 256 — Sidewalks
Sidewalks to be
Sidewalk
One side
Support
provided on both
on north
of road.
sides of street.
side of
sine road.
Section 106 — Parkways
Six foot sidewalk
One 8 foot
One side
Support
one side, 12 foot
multi -use
of road.
multi -use pathway
pathway,
on the other.
north side.
11FILE_SWCOMPROGk.Short Range\pcd9907cc.doc
17
•
February 1, 2001
ORDINANCE 4, 2001
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE
APPROVAL OF AN APPLICATION FROM TOLL
BROTHER'S DEVELOPMENT COMPANY, INC. FOR
APPROVAL OF A RE ZONING TO PLANNED COMMUNITY
DEVELOPMENT OVERLAY ZONING WITH UNDERLYING
ZONING OF RL-3 (RESIDENTIAL LOW) TO ALLOW FOR A
434.19 ACRE, 530 DWELLING UNIT RESIDENTIAL
COMMUNITY WHICH INCLUDES AN 18 -HOLE GOLF
COURSE AND A 45,000 SQUARE FOOT CLUBHOUSE
FACILITY LOCATED DIRECTLY EAST OF THE
INTERSECTION OF HOOD ROAD AND ALTERNATE A1A,
AS MORE PARTICULARLY DESCRIBED HEREIN;
PROVIDING FOR CONDITIONS OF APPROVAL;
PROVIDING FOR WAIVERS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens received an application
from Toll Brother's Development Company for approval of a 434.19 acre,
530 dwelling unit residential community which includes an 18 hole golf
course and a 45,000 square foot clubhouse facility, located directly east of
the intersection of Hood Road and Alternate A1A, as more particularly
described in Exhibit "A" attached hereto; and
WHEREAS, the 434.19 acre site is currently zoned Planned
Development Area; and
WHEREAS, the Growth Management Department has reviewed said
application and determined that it is sufficient; 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, the Growth Management Department has recommended
approval of the Planned Community Development (PCD) known as
Frenchman's Reserve; and
WHEREAS, the City's Planning and Zoning Commission has
reviewed said application and recommended that it be approved with the
18
Ordinance 4 , 2001
Meeting Date: February 15, 2001
Date Prepared: February 1 , 2001
Petition PCD -00 -07
requested waivers and subject to certain conditions stated herein.
NOW, THEREFORE, BE IT ORDAINED 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 approves a 434.19 acre, 530 dwelling unit residential
-- community which includes an 18 hole golf course and a 45,000 - squafe foot - - —
clubhouse facility, located directly east of the intersection of Hood Road and
Alternate Al A, as more particularly described in Exhibit "A" attached hereto
and incorporated herein by this reference.
•
. SECTION 2. Said Planned Community Development is approved
subject to the following conditions, which shall be the responsibility of the
applicant, its successors or assigns:
Project Plans and Uses
1) Fee simple residential lots shall not include parkways, landscape easements or
buffers, lake maintenance areas or any water management area, golf course or
any other community- serving open space (Planning and Zoning).
2) Parcel access illustrated on the master plan is conceptual in nature and shall be
subject to site plan review and modification for geometry, operational and safety
design details. The County must also approve parcel access points onto Palm
Beach County roadways (City Engineer, Planning and Zoning).
3) Public road cross - sections, to be dedicated to Palm Beach County, are conceptual
in nature and shall be subject to joint review by Palm Beach County and Palm
Beach Gardens (City Engineer).
4) The applicant shall obtain approval from the Growth Management Department
for the clearing and rough filling of a Pod during the construction of the lakes
and golf course prior to Site Plan approval of said pod (City Engineer).
5) Prior to issuance of the first Certificate of Occupancy in Pod G, the petitioner
shall remove the temporary information center and parking area (Planning and
Zoning).
19
Ordinance 4, 2001
Meeting Date: February 15 , 2001
Date Prepared: February 1 , 2001
Petition PCD -00 -07
Environmental Preservation and Landscapinq
6) The applicant, successors, or assigns shall be responsible for the installation and
maintenance of the landscaping (including irrigation, electricity, mastarm lighting,
crosswalk pavers, and overhead power) in the medians and along the eastern
road shoulders of Alternate Al for those sections of the roadway adjacent to the
Frenchman's Reserve Planned Community Development (PCD). The landscape
plans - for - Alternate A1A -shall be prepared by the applicant based on the City
Roadway Beautification Master Plan, when said plan is adopted by the City. The
Alternate A1A landscaping shall be installed prior to the first certificate of
occupancy of Pod G, or the applicants shall place monies, in an amount
acceptable to the City, in an escrow account established by the applicant to be
used by its successors or assigns to complete the project. The City shall require,
as a condition of approval of any new project located west of the Frenchman's
Reserve PCD, that such new project shall bear its proportionate share of the cost
of the continued maintenance of Alternate A1A landscaping. In the event the City
of Palm Beach Gardens, or another entity, forms a special district pertaining to the
landscape maintenance of Alternate A1A, then the Frenchman's Reserve property
owners association 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 Palm Beach Gardens (Planning and Zoning).
7) Within 90 days of the effective date of this development order, the applicant shall
submit detailed landscaped plans of the Alternate A1A right -of -way, including
medians, for that portion adjacent to the applicant's property and post surety
acceptable to the City and Palm Beach County for installation of said landscaping.
These plans shall be consistent with the proposed expansion of Alternate A1A
from four to six - lanes. Installation of landscaping shall occur concurrent with the
widening of Alternate Al (Planning and Zoning).
8) Prior to approval of construction plans or commencement of land alteration,
whichever occurs first, the applicant shall provide a management plan for golf
course construction to ensure Best Management Practices are incorporated to
eliminate the potential for nutrient laden runoff into the wetlands. Techniques may
include spreader- swale, inverted fairways, etc. The plan shall also include
development pod, golf course and cart path topographic elevations (City Forester,
City Environmental Consultant).
9) The applicant shall take extreme caution when filling in and around preservation
areas to ensure the protection of the root zone and canopy drip line area. No
detrimental changes in pH and topography /drainage may result in disturbance or
destruction of the preserve areas. Applicant's landscape architect and /or
20
Ordinance 4,2001
Meeting Date: February 15, 2001
Date Prepared: February 1, 2001
Petition PCD -00 -07
environmental consultant during land alteration/construction activities shall monitor
protection of the preserve. and buffer areas (City Forester, City Environmental
Consultant).
10) The proposed project shall be micro -sited to ensure the protection of listed plant
and animal species, ensure that the highest quality wetlands and uplands are
preserved intact and ensure that an adequate buffer is maintained around all
preserved areas (City Forester, City Environmental Consultant).
11) Prior to commencement of land alteration and /or construction, certification shall
be required from the applicant's landscape architect and /or environmental
consultant stating the highest quality preserve and buffer areas and all listed plant
and animal species have been maintained on -site within a functional ecosystem
(City Forester, City Environmental Consultant).
12) All preserve areas, native vegetation, and trees to be preserved shall be identified
with protective fencing. The Growth Management Department shall conduct a site
visit prior to commencement of land alteration or clearing to confirm that the areas
identified pursuant to Chapter 102- 10(5)e and the approved
Preservation /Relocation Plan are protected (City Forester, City Environmental
Consultant).
13) Within nine (9) months of the effective date of this development order, the
applicant shall submit detailed on -site road right -of -way and parkway /buffer
landscape plans for all public roads and adjacent common space areas, including
pump station screening, for Growth Management Department approval. The
landscape plans for public roadways shall include conceptual median landscape
details. The maintenance of the landscaping shall be the obligation of the
applicant and /or its successors and assigns. Said landscaping shall be installed
consistent with the Master Plan (Planning and Zoning).
14) Detailed road right -of -way and buffer landscape plans for non - public roadways
shall be reviewed and approved by the Growth Management Department prior to
issuance of a permit to construct said road or phase thereof (Planning and
Zoning).
15) Prior to commencement of land alteration /construction of any golf courses, a
conceptual landscape plan and grading plan for the entire golf area
(fairways /roughs, cart path areas, etc.) to be constructed shall be reviewed by the
Department, in consultation with the City Environmental Consultant. The plans
shall detail and locate all golf cart and maintenance pathways, bridges, golf course
structures, utility easements, vegetation to be preserved or relocated, and new
21
Ordinance 4, 2001
Meeting Date: February 15, 2001
Date Prepared: February 1 , 2001
Petition PCD -00 -07
landscaping (Planning and Zoning, City Environmental Consultant).
16) Within nine (9) months of the effective date of this development order, the
applicant shall submit detailed PCD buffer plans for Growth Management
Department approval. The maintenance of the landscaping shall be the obligation
of the applicant and /or its successors and assigns. Buffers shall be installed
consistent with the PCD Buffer Plan (Planning and Zoning).
17) Preserves and buffers shall be unencumbered by maintenance, utility or drainage
easements, except as otherwise approved in the cross - sections or as may be
permitted in certain locations subject to Growth Management Department
approval (Planning and Zoning).
18) The removal of exotic vegetation, and the relocation of native vegetation anywhere
within the PCD may commence upon PCD approval. The City and the petitioner's
environmental /landscaping consultants shall monitor this work. No clearing of
native vegetation shall occur until confirmed to be ready for such work by
consultants through the City Forester and the Building Official.
Signage
19) The Planning and Zoning Commission and City Council shall review all entry
features to the project, including entry signage, water features, clocktowers, other
architectural features, and landscaping, as well as a master signage program, as
a separate petition (Planning and Zoning).
Dedication and Improvements
20) The applicant and /or its successors or assigns shall be responsible for the
dedication of a two acre site to be used for a fire /rescue and police substation.
Such dedication shall occur within 30 -days following approval of golf course
maintenance facility site plan (Planning and Zoning).
Traffic Concurrency and Circulation
21) Prior to the first certificate of occupancy, the applicant shall install the meandering
eight foot sidewalk along Alternate A1A that is adjacent to the site (City
Engineer).
22) The build -out date for this project is December 31, 2004 as referenced in the June
9, 1999 traffic impact analysis. For the purposes of this condition, the project shall
22
Ordinance 4 , 2001
Meeting Date: February 15, 2001
Date Prepared: February 1 , 2001
Petition PCD -00 -07
be considered built -out if all building permits have been issued and the applicant
is actively engaged in the development of the site (City Engineer).
23) Prior to March 30, 2002, the applicant shall construct Hood Road to a point of
Substantial Completion. Substantial Completion for Hood Road shall be defined
as follows: the first lift of asphalt shall be installed; a complete and operable
drainage system shall be installed; striping, if necessary, shall be installed; access
-of-the- entire alignment shall be provided for use by the City of Palm Beach
Gardens Fire Department; and approval for use of the road by the Fire
Department shall be granted by Palm Beach County. The installation of
landscaping, sidewalks, or lighting fixtures is not required for substantial
completion (City Engineer).
24) Prior to the issuance of the first residential building permit for each pod, the City
shall accept the Substantial Completion of the Spine Road west of said pod.
Substantial Completion for the Spine Road is defined as follows: the first lift of
asphalt and a complete and operable drainage system shall be installed. The
installation of landscaping, sidewalks, or lighting fixtures is not required for
substantial completion (City Engineer).
25) Prior to the issuance of the first residential building permit for each pod, the
supporting public infrastructure of said pod shall be constructed and approved by
the City. The roadway portion of each pod shall be constructed to a point of
Substantial Completion. Substantial Completion for the roadway within the pod is
defined as follows: the first lift of asphalt and a complete and operable drainage
system shall be installed. Staff notes that the installation of landscaping,
sidewalks or lighting fixtures are not required for Substantial Completion (City
Engineer).
26) Prior to -ttTe- issuance of the first building permit for any structure, the applicant
shall provide surety that is acceptable to the City for the construction of the public
improvements for the Spine Road. The applicant shall provide an annual
evaluation and adjustment of the surety for the Spine Road to account for inflation
and fluctuations of construction costs. The annual evaluation and adjustment shall
be performed prior to the first day of February of each year (City Engineer).
27) Prior to the issuance of the first building permit of any structure, the applicant shall
receive approval from any affected utility authorities to relocate existing
easements (City Engineer).
28) Golf Course membership shall be exclusive to the residents and their guests (City
Engineer).
23
Ordinance 4 , 2001
Meeting Date: February 15 , 2001
Date Prepared: February 1 , 2001
Petition PCD -00 -07
29) No more than 1,589 daily trips (any combination of single and multi - family units
generating 1,589 daily trips) may be permitted until the widening of Alternate A1A
from PGA Boulevard to Hood Road has commenced. This improvement is part of
the County assured construction program (City Engineer).
30) No more than 2,336 daily trips (any combination of single and multi - family units
generating 2,336 daily-trips)-may be-permitted- until the construction of PGA
Boulevard /Alternate Al flyover has commenced. This improvement is part of the
County assured construction program (City Engineer).
31) No more than 2,920 daily trips (any combination of single and multi - family units
generating 2,920 daily trips) may be permitted until the addition of eastbound and
southbound through lanes has commenced at the intersection of Alternate Al
and Hood Road (City Engineer).
32) No more than 3,451 daily trips (any combination of single and multi - family units
generating 3,451 daily trips) may be permitted until the addition of exclusive right -
turn lanes to the northbound, westbound and eastbound approaches at the
intersection of Alternate A1A and RCA Boulevard (City Engineer).
33) No more than 3,662 daily trips (any combination of single and multi - family units
generating 3,662 daily trips) may be permitted until the construction of dual -left
turn lanes on the westbound and eastbound approaches at the intersection of
Military Trail and Donald Ross Road (City Engineer).
34) No more than 4,385 daily trips (any combination of single and multi - family units
generating 4,385 daily trips) may be permitted until the conversion of one right-
turn lane to a left -turn lane (to provide triple left turns) on the northbound approach
at the intersection of PGA Boulevard and Victoria Gardens Avenue. It should be
noted that in the event that the FDOT does not approve this change in lane
configuration, a third left turn lane needs to be added to the northbound approach
(City Engineer).
35) No more than 4,957 daily trips (any combination of single and multi - family units
generating 4,957 daily trips) may be permitted until the construction of an
additional exclusive northbound left -tun lane at the intersection of Alternate All
and Donald Ross Road (City Engineer).
36) For all required improvements that are not included in the County assured
construction program, the Developer may enter into a Public Facilities Agreement
(PFA) within 6- months of the issuance of the Development Order, and before the
24
Ordinance 4, 2001
Meeting Date: February IS, 2001
Date Prepared: February 1 , 2001
Petition PCO -00 -07
first building permit is issued (City Engineer).
37) The applicant shall signalize the intersection of Hood Road and Alternate A1A
prior to the Certificate of Occupancy for the Fire Station or prior to August 31,
2002, whichever comes first. The signal shall be installed to be fully operational,
including all appropriate lane geometry (as determined by Palm Beach County
and the Florida Department of Transportation), pavement markings, signage,
lighting, etc. as approved. The signal shall be linked to the fire station for use as
a pre - emptive signal until the activation of the full signal is warranted (City
Engineer).
38) The developer shall perform an annual Signal Warrant Study for the intersection
of Alternate Al and Hood Road until such time that a fully operational signal is
warranted. The existing signal described in Condition No. 38 above shall be made
active once the intersection warrants a signal and meets the approval
requirements of Palm Beach County and the Florida Department of Transportation
(City Engineer).
39) No additional building permits (residential, sales center, models, recreation facility,
etc. with the exception of the proposed Fire Station) shall be issued after March
30, 2002 unless the City and Palm Beach County issues a Certificate of
Substantial Completion for Hood Road as noted in Condition No. 24 (City
Engineer).
40) Hood Road shall be fully constructed including all related improvements
(landscaping sidewalk and lighting), approved by the City, and accepted by Palm
Beach County prior to August 31, 2002 (City Engineer).
41) Prior to the issuance of the building permit for Hood Road, the applicant shall
provide surety that-is-acceptable to the City and to Palm Beach County for the
construction of the public improvements for Hood Road. The "joint" surety shall be
in a form that will be accessible to the City and /or Palm Beach County to install
said public improvements (City Engineer).
42) No more than 1,788 daily trips (any combination of single and multi - family units
generating more than 1,788 daily trips) shall be permitted until the widening of
Prosperity Farms Road to four lanes from PGA Boulevard to Lone Pine Road has
commenced. This condition does not apply if the road received a CRALLS
designation (City Engineer).
43) Prior to the issuance of the final certificate of occupancy for this project, the spine
road and all of the internal roadways shall be fully constructed and approved by
25
•
Ordinance 4, 2001
Meeting Date: February 15, 2001
Date Prepared: February 1 , 2001
Petition PCD -00 -07
the City of Palm Beach Gardens (City Engineer).
44) Prior to the first Certificate of Occupancy for a Pod, the applicant shall install the
landscaping for the Spine Road adjacent to and west of said pod to the
satisfaction of the City Forester (City Engineer).
45) Prior to the issuance of the building permit for the Recreation Center, the applicant
shall plat the entire Spine Road and-provide surety for the construction of the
same (City Engineer).
46) Prior to the issuance of the Certificate of Occupancy for the Recreation Center,
the applicant shall construct the Spine Road to a point of Substantial Completion.
Substantial Completion for the Spine Road is defined as follows: the first lift of
asphalt and a complete and operable drainage system shall be installed. The
installation of landscaping, sidewalks or lighting fixtures is not required for
Substantial Completion (City Engineer).
Surface Water Management
47) No construction of any portion of the surface water management system shall be
undertaken without first submitting to the City's plans, specifications, and
supporting computations for review and approval by the City (City Engineer).
48) Any proposed changes to the South Florida Water Management District
Conceptual Surface Water Management permit shall be concurrently submitted
to the City for review and City approval (City Engineer).
49) As a requirement, a sum total of area(s) constituting no less than 15% nor more
than 25% of the total shoreline distance shall be constructed as littoral shelf at the
ratio of 10 square feet of shelf per running foot of shoreline, or as required by the
City Engineer (City Engineer).
50) Prior to the issuance of the first building permit, the applicant shall provide to the
City 40 -feet of canal right -of -way along the entire north side of the existing Cabana
Colony Canal right -of -way adjacent to the referenced project (City Engineer).
51) Prior to the issuance of the first building permit, the applicant shall initiate
coordination with the City Engineer to achieve other means of conveyance of the
water in the Cabana Colony Canal .under or through the proposed vehicular
access to the Golf Course Maintenance Facility. The conveyance shall have zero
head loss at 168 cfs, or have the ability to convey the runoff from the second Unit
2 outfall to a point downstream of the proposed vehicular access to the Golf
26
Ordinance 4 , 2001
Meeting Date: February 15, 2001
Date Prepared: February 1 , 2001
Petition PCD -00 -07
Maintenance Facility. The proposed plans shall be reviewed and approved by the
City Engineer prior to Site Plan approval of the Golf Course Maintenance Facility
(City Engineer).
52) Prior to the issuance of the first building permit, the applicant shall provide to the
City a recorded copy of a drainage easement and an agreement between the
developer and Palm Beach County for any proposed stormwater discharge into
Frenchman's Forest (City Engineer).
School Board
53) The applicant, successor or assigns shall post a notice of annual school boundary
assignments for students from this development in a manner required by the Palm
Beach County School District (Planning and Zoning).
Utilities
54) All utilities shall be placed underground and within road rights -of -way or recorded
easements, unless specifically approved by the Growth Management Department
(Planning and Zoning).
55) Upon approval of the development order, the applicant shall secure a "Seacoast
Utility Authority Capacity Allocation Commitment for Public Water and /or Sewer
Service ", which shall be verified by the delivery of a fully executed copy of the
document to the Planning and Zoning Division within 30 days if granting the
development order (Planning and Zoning).
56) Prior to the issuance of the building permit for each Pod, along with corresponding
access and common spaces, the applicant shall provide approval letters from the
appropriate utilities to relocate existing easements prior to construction pin
approval (Planning and Zoning).
Public Safety
57) Crime Prevention Through Environmental Design (CPTED) principles established
through cooperation with the City's Crime Prevention Division shall be utilized
during the site planning of the development parcels (Police Department, Planning
and Zoning).
58) The applicant and /or its successor and assigns shall provide a stabilized road
base, subject to City standards, for fire /emergency access to each development
parcel prior to the start of construction within said parcel (City Engineer, Fire
27
•
Ordinance 4, 2001
Meeting Date: February 15 , 2001
Date Prepared: February 1 , 2001
Petition PCD -00 -07
Department).
Disclosure
59) Prior to the issuance of the first residential building permit, the master property
owners association documents and restrictions shall be furnished by the applicant
to the City Attorney for review and approval prior to such documents being
recorded-in-the Public Records of Palm Beach County (City Attorney).
60) An annual report shall be submitted to the Growth Management Department by
February 14`h of each year, until the project has reached buildout, that describes
the projects current status and compares its progress with the provisions of the
development order (Planning and Zoning).
SECTION 3. The following waivers are hereby granted with this
approval:
Section 256 — Sidewalks
Sidewalks to be
Sidewalk on
One
provided on both
north side
side of
sides of street.
of spine
road.
road.
Section 106 — Parkways
Six foot sidewalk
One 8 foot
One
one side, 12 foot
multi -use
side of
multi -use pathway
pathway,
road.
on the other.
north side.
SECTION 4. Construction of the Planned Community Development
shall be in compliance with the following plans on file with the City's Growth
Management Department:
Official Exhibits:
1. January 29, 2001 Master Site Plan, Land Design South, 1 Sheet
2. December 14, 2001 PCD Buffer Plan, Krent Wieland, LA -PCD -1
3. November 7, 2001 PCD Buffer Plan, Krent Wieland, LA -PCD -2
through LA -PCD -9
4. January 29, 2001 Hood Road Landscape Plan, Krent Wieland, LAHR-
1 through LA -HR -7
5. January 29, 2001 Flamingo Road Landscape Plans, Krent Wieland,
LAFR -1 through LAFR -5.
6. September 27, 2000 Detail Sheet, Krent Wieland, LAHR -8
7. December 15, 2000 Spine Road Landscape Detail, Krent Wieland,
LA -GLT
28
Ordinance 4, 2001
Meeting Date: February 15 , 2001
Date Prepared: February 1 , 2001
Petition PCD -00 -07
8. December 15, 2000 Master Drainage Plan, The Wantman Group, 2
Sheets
9. December 15, 2000 Paving, Grading and Drainage Plan, Wantmann
Group, 14 Sheets
10. December 15, 2000 Hood Road /Flamingo Road Roadway Sections,
Palm Beach County Engineering, 22 Sheets
11. December 14, 2000 Wetland Mitigation, Typical Cross Sections, CRZ
Environmental, 1 Sheet
12. September 12, 2000 Mitigation Site Plan, CRZ Environmental, 1 Sheet
13. October 2, 2000 Lighting Plan, Lighting Dynamics, Inc., Sheets L-
through L6.
14. November 8, 2000 Boundary Survey, Petzgold and Associates, 2
Sheets
15. July 15, 1999 Topographic Survey, Landmark Surveying &
Mapping Inc., 4 Sheets
Supportinq Documents:
16. June 9, 1999 Traffic Impact Analysis, Yvonne Ziel Associates
17. September 19, 1999 Application for Alteration of Environmentally
Significant Lands, Land Design South
18. August 2000, Uplands Preserve Management Plan, Gaia Consortium,
Inc.
19. February 2, 2001 Memorandum of Understanding, Frenchman's
Creek Homeowners Association, 1 Sheet
SECTION 5. This approval expressly incorporates all representations
made by the developer otits agents at any public meeting or hearing.
SECTION 6. 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 7. All ordinances or parts of ordinances of the City of Palm
Beach Gardens, Florida, which are in conflict with this Ordinance are hereby
repealed.
SECTION 8. This Ordinance shall be effective upon adoption.
0 PLACED ON FIRST READING THIS DAY OF 2001.
29
Ordinance 4 , 2001
Meeting Date: February 15 , 2001
Date Prepared: February 1 , 2001
Petition PCD -00 -07
PLACED ON SECOND READING THIS DAY OF 2001.
PASSED AND ADOPTED THIS DAY OF 2001.
MAYOR JOSEPH R. RUSSO
VICE MAYOR ERIC JABLIN
COUNCILWOMAN LAUREN FURTADO
COUNCILMAN DAVID CLARK
COUNCILMAN CARL SABATELLO
ATTEST BY:
CAROL GOLD, MMC
CITY CLERK
APPROVED AS TO LEGAL
FORM AND SUFFICIENCY BY:
CITY ATTORNEY
VOTE:
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILMAN JABLIN
AYE
30
NAY ABSENT
•
COUNCILMAN CLARK
COUNCILMAN SABATELLO
\\FILE_SRV\COMPROG\Short Range\pcd9907orl.doc
•
0 31
Ordinance 4 , 2001
Meeting Date: February 15 , 2001
Date Prepared: February 1 , 2001
Petition PCD -00 -07
Ordinance 4 , 2001
Meeting Date: February 15 , 2001
Date Prepared: February 1 , 2001
Petition PCD -00 -07
EXHIBIT "A"
•
0 32
FROM ANNIS, M11CHELL, UUUM
ORB 11 Qla3 P9 Sao
EXHIBIT A
LAND — LEGAL DESCRIPTION
Parcel 29.01
A parcel of land lying in Sections 31 and 32, Township 41 South. Range 43 East, Palm Beach
County, Florida, being more particularly described as follows:
That portion of Section 31, Township 41 South, Range 43 East, Palm Beach County, Florida,
lying North of the North right of way line of the canal shown and included in PALM BEACH
CABANA COLONY PLAT NO. 1 as recorded in Plat Book 26, pages 203 through 205 of the
public records of Palm Beach Counm Florida; also- lying North of the North line of PALM
BEACH CABANA COLONY CON0 FRCiAL AREA acoording to the plat therwt as recorded
in Plat Book 27, page 59 of said public r 11rds; and lying East of the FAsterty right of way line
of State Road $I I (also knovrn as Al itbe Art= A).deimW itt the deed txordW in Official
Records Book 3694, pages 1690 find 169('0f the public rwocds of Palm Beach County, Florids;
and lying South of the South li pagW"of load idcaOvd as "Parcel Two" in the
warranty Deed recorded in-Offidd YtOvii &'Book VS, patges 121 tla %4h 124, Palm Bch
County records which nsus. frvm tiro Northeast -corw . of said Section 31 to a point on the
Easterly right of way line of Stfie Road Ahetnate.A -1 A as was.laid out and in use on November
249 1976, said point being 153.37 feet South o& as me cared at right angles to, the North line of
said Section 31. LESS that certain parcel of land descted in mfficial Records Book $814, pasgc
4D1345, public records of Palm Bach C4uary.�FlQrida
TOGETHER WITH the Northwest Quartet (NW. 1/4) of Section 32, Township 41 Soutar, Range
43 Fast, Palm Beach County, Florida,. LESS thc'Nortb 1,320 feet thereof and less the right of
way for Prosperity Farms Road.
TOGETHER WITH that part of the South half (S 112) of said Section 32 lying West of the right
of way of Prosperity Farms Road and Lying North of the North right of way line of the 80 foot
wide canal right of way running Fast and West acxods said South hoW (S 1/2) of Section 32 as
shown on the plat of PLAT NO. 1 PALM EACH CABANA COLONY, recorded in Plat Book
26, pages 203 through 205 of the public records of Um Bea ch County, Florida; T FSS AND
EXCEPTING T%iERF.FROM the East. 6401cet of the; North 625 feet of the Southwest quarter
(SW 114) of said Section 32.
LESS AID EXCEPTING that pardon of a strip of lead 25.00 feet in width parallel with and
adjacent to the Went right of WAY line -of Prosperity Farms Read lying isa the Northwest quarter
(NW 114) of Section 32. Township 41 South, Range 43 East; ALSO LESS AND EXCEPTING
therefrom that certain tract of land descaibed in Official Records Book 9039, page 271, public
records of Palm Beach County, Florida.*
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a - CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Mayor /Council DATE: February 1, 2001
FROM: Ronald M. Ferris, Interim City Manager
SUBJECT: Offer of Terms and Conditions of City Manager osition
Outlined below are the terms and conditions of the City Manager contract as it's been
offered.
• Salary.: $128,000.00 -- with a Five -Year Contract.
• Car: Option #1: $550.00 per month car allowance.
Option #2: 2 year lease *.
Option #3: Purchase a vehicle *.
*Includes gas, oil, maintenance for personal and business use
• Pension: 18% Pension Contribution -- to be determined by the Manager
• Moving Expense: $20,000.00 lump sum to relocate.
• Cell phone for personal and business use.
• Laptop for personal and business use.
• 10 day personal bank @ signing/earn as per personnel policy.
• 10 day sick bank @ signing/earn as per personnel policy.
• 1 St year — 5 day Administrative leave — option to convert to pay.
• 2°d year —10 days Administrative leave — option to convert to pay.
• 6 month performance review with a 0 -6% merit increase.
• On employment anniversary date -- merit increases each year after.
• Removal without cause — one year salary and benefits with $20,000 moving expenses.
Family medical, vision, dental, disability and life insurance to be paid by the City.
• Budget funds for professional memberships, conferences and workshops, etc.
• 90 day notice of termination by the Manager.
Recommended Motion: Authorize the City Attorney to prepare the legal document and
authorize the Mayor to execute the contract on behalf of the City of Palm Beach Gardens.
RESOLUTION 29, 2001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA, PROVIDING
FOR THE APPROVAL OF PERIMETER LANDSCAPE
BUFFERS, NORTH -SOUTH PARKWAY LANDSCAPE
BUFFERS, PUMP HOUSE ELEVATIONS, AND LIGHTING
PLANS FOR THE MIRASOL (F /K/A GOLF DIGEST)
PLANNED COMMUNITY DEVELOPMENT LOCATED ON
2,304 ACRES AT THE NORTHWEST CORNER OF
FLORIDA'S TURNPIKE AND PGA BOULEVARD, AS
MORE PARTICULARY DESCRIBED HEREIN; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens received an application from Taylor
Woodrow Communities at Mirasol, Ltd., a Florida limited partnership, for miscellaneous
approval of the landscape plans for the Parkways adjacent to Jog Road, PGA Boulevard
and Hood Road, as well as the PCD Buffers within the Mirasol (Golf Digest PCD); and
WHEREAS, the 2,304.79 acre Mirasol site is currently zoned Planned
Community District (PCD) with a Future Land Use designation of Residential Low (RL);
and
WHEREAS, the Growth Management Department has reviewed said application
and determined that it is sufficient; 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, the Growth Management Department has recommended approval of
the landscape buffer and parkway plans for the Mirasol PCD.
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 approves; (1) Parkway landscape plans for Jog Road, PGA Boulevard and Hood
Road; (2) Planned Community Development landscape buffer plans; and (3) irrigation
pump house elevations for the Mirasol PCD, located at the northwest corner of Florida's
Turnpike and PGA Boulevard, as described in Section 3 below.
SECTION 2. This resolution is approved subject to the following condition:
1. The master association for the Mirasol Planned Community District shall pay all
future electrical costs for the Mirasol parkway (Jog Road, East -West Parkway and
North -South Parkway) lights.
SECTION 3. Construction of the improvements described in Section 1 shall be in
compliance with the following plans on file with the City's Growth Management
Department:
Official Exhibits:
1. North -South Parkway/PGA Boulevard parkway Buffer Landscape Plans, Krent
Wieland Design, Inc., various dates, Sheets L -1 to L -20.
2. Golf Digest PCD Buffers, Urban Design Studio, various dates, Cover page and
Sheets LA -1 to LA -10.
3. Hood Road Parkway Landscape Plans, Urban Design Studio, various dates, Sheets
LA -1 to LA -9.
4. Irrigation Pump House Plans and Elevations, Jeffrey A. Ornstein, P.A., Architect,
November 28, 2000, One Sheet.
SECTION 5. This Resolution shall be effective upon adoption.
PASSED AND ADOPTED THIS DAY OF ,2001.
MAYOR JOSEPH R. RUSSO
ATTEST BY:
CAROL GOLD
CITY CLERK
APPROVED AS TO LEGAL
FORM AND SUFFICIENCY BY:
CITY ATTORNEY
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCIL WOMAN FURTADO
COUNCILMAN CLARK
COUNCILMAN SABATELLO
AYE NAY
ABSENT
M E M O R A N D U M
WATTERSON, HYLAND & KLETT, P.A.
REVISED MEMORANDUM
To:
Hon. Mayor and City Council
From:
Leonard G. Rubin, City Attorney
Subject:
City Manager Agreement
Date:
February 12, 2001
cc:
Ron Ferris, City Manager
Carol Gold, City Clerk
Terence J. Watterson, Esquire
Attached please find a copy of Resolution 34, 2001, authorizing the Mayor and City Clerk to
execute an Agreement with the City Manager, in addition to a copy of the proposed City
Manager Agreement. The Agreement incorporates each of the terms addressed at the
February 1, 2001 City Council meeting.
The Agreement is fora term of three (3) years and automatically renews for an additional two
(2) year period unless the City Council gives notice of its intent not to renew. At the request
of the City Manager, the Agreement requires the City Council to give such notice twelve (12)
months priorto the expiration of the initial term. Therefore, unless the Council gives notice
of its intent notto renew priorto February 1, 2003, the Agreement will not expire until February
1, 2006.
Should the City Council wish to discuss this matter in greater detail, the item may be pulled
from the consent agenda. Mr. Watterson will be attending the February 15, 2001 City Council
meeting.
Should you have any questions, please do not hesitate to contact this office.
PACPWin \H ISTORY\010131 A \446.5F(319.055)
CITY OF PALM BEACH GARDENS, FLORIDA
RESOLUTION 34, 2001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT WITH RONALD M. FERRIS TO SERVE AS
CITY MANAGER; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 6 -1 of the Charter of the City of Palm Beach Gardens, Florida
( "City Charter ") provides that the City Council shall appoint a City Manager to serve at the
pleasure of the City Council; and
WHEREAS, at its February 1, 2001 meeting, the City Council appointed Ronald M.
Ferris City Manager of the City of Palm Beach Gardens; and
WHEREAS, Section 6 -1 of the City Charter further provides that the City Council
shall determine the compensation and benefits of the City Manager; and
WHEREAS, the City Council has determined that it is in the best interests of the
residents and citizens of the City of Palm Beach Gardens to execute an agreement with
Ronald M. Ferris setting forth his compensation and benefits.
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 authorizes the Mayor and City Clerk to
execute an Agreement with Ronald M. Ferris setting forth his compensation and benefits,
a copy of which is attached hereto as Exhibit "A" and 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 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 , 2001.
ATTEST:
CAROL GOLD, MMC, CITY CLERK
I HEREBY CERTIFY that I have approved
this Resolution as to form.
LEONARD G. RUBIN, CITY ATTORNEY
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILMAN SABATELLO
COUNCILWOMAN FURTADO
COUNCILMAN CLARK
MAYOR JOSEPH R. RUSSO
AYE NAY ABSENT
PACPWin \HIST0RY\010131A \43F.70 (319.062)
-2-
EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT (hereinafter referred to as "Agreement "), is by
and between the CITY OF PALM BEACH GARDENS, FLORIDA, a Florida municipal
corporation (hereinafter referred to as "City "), and RONALD M. FERRIS (hereinafter
referred by name or as "City Manager ").
WITNESSETH:
WHEREAS, the City desires to employ Ronald M. Ferris as City Manager of the City
of Palm Beach Gardens, Florida, as provided for in Article VI of the City Charter of the City
of Palm Beach Gardens; and
WHEREAS, the City, through its City Council, desires to provide for certain benefits
and compensation for the City Manager and establish certain conditions of employment
applicable to the City Manager; and
WHEREAS, Ronald M. Ferris desires to accept employment as City Manager of the
City of Palm Beach Gardens under the terms and conditions set forth herein.
NOW, THEREFORE, In consideration of the mutual covenants herein contained,
the parties hereto agree as follows:
EMPLOYMENT
The City of Palm Beach Gardens hereby hires and appoints Ronald M. Ferris as its
City Manager, under the terms herein established, to perform the duties and functions
specified in the City Charter and Code of Ordinances of the City of Palm Beach Gardens,
and to perform such other legally permissible and proper duties and functions as the City
Council of the City of Palm Beach Gardens shall assign.
2. TERM
A. The term of this Agreement is three (3) years retroactive to February 1, 2001
( "Anniversary Date ") and shall be automatically renewed for an additional two (2) year
term, unless the City Council gives notice of its intent not to renew the Agreement at least
twelve (12) months prior to the expiration of the initial three (3) year term. The City
Council's decision not to renew the Agreement shall constitute a termination of the
Agreement pursuant to paragraph 9(B) and shall in no way be construed as a termination
of the Agreement by the City Council pursuant to paragraph 9(D) or 9(E) of this Agreement.
B. Nothing in this Agreement shall prevent, limit, interfere with or otherwise
restrict the rights of the City Council to terminate the services of the City Manager at any
time, with or without cause, subject only to the provisions set forth in section 9 of this
Agreement, and those contained in the City Charter of the City of Palm Beach Gardens.
Page 1 of 8
3. CITY MANAGER DUTIES, OBLIGATIONS AND POWERS
A. The City Manager shall have the duties, responsibilities and powers of said
office under the Charter and Ordinances of the City of Palm Beach Gardens, Florida. The
City Manager agrees to perform all duties and responsibilities faithfully, industriously, and
to the best of his ability and in a professional and competent manner.
B. The City Manager shall remain in the exclusive employ of the CITY and shall
devote all such time, attention, knowledge and skills necessary to faithfully perform his
duties under this Agreement, except that the City Manager may engage in educational and
professional activities and other employment activities upon the receipt of authorization and
approval by the City Council, provided, however, that the same shall not interfere with his
primary obligation to the City as its City Manager. The City Manager shall keep the City
Council fully informed in advance of all travel and out of office activities.
C. In the event that the City Manager shall serve on any appointed boards or
elected boards of any professional organizations, or serve on any committees related to
the performance of his duties, responsibilities and powers or related to his professional
activities, in the event that any monies are paid, or gifts are received, by the City Manager
relating to such service, such money or other property shall be paid over to or delivered to
the City, unless otherwise provided for by City Council resolution.
4. RESIDENCE
In accordance with Article VI of the City Charter, the City Manager shall become a
resident of the City within twelve (12) months of his Anniversary Date and remain a
resident of the City during his employment as City Manager, unless the City Charter is
amended to remove the residency requirement prior to the expiration of the twelve (12)
month period.
5. RESPONSIBILITY OF CITY TO CITY MANAGER
The City shall provide the City Manager with all necessary office accommodations,
equipment, and personnel necessary to perform his duties, services and responsibilities.
6. COMPENSATION
A. Base Salary. The City shall pay to City Manager an annual salary of
$128,000.00, payable in equal installments at the same intervals as the City's other
administrative personnel are paid.
B. Benefits. As additional compensation, the City shall provide the following
benefits to the City Manager:
Page 2 of 8
1. The City shall provide the City Manager with one of the following three
options:
a. A car allowance of $550.00 per month; or
b. A two year lease on a vehicle acceptable to both the City and
the City Manager for personal and business use, including
gasoline and maintenance; or
C. The purchase of a vehicle acceptable to both the City and the
City Manager for personal and business use, including
gasoline and maintenance.
Upon execution of this Agreement, the City shall provide the City
Manager with a car allowance pursuant to option (a) above. The City
Manager may elect a different option prior to the beginning of each
fiscal year provided that such monies are allocated in the City's
annual budget.
2. Participation for City Manager and immediate family in the City's
medical, vision, dental, disability and life insurance programs.
3. Participation in the personal leave, acute illness and short term
disability leave programs for City general employees. Upon execution
of this Agreement, City Manager shall have a bank of ten (10)
personal leave days and ten (10) acute illness days and shall earn
additional days in accordance with the City policies applicable to
general employees.
4. The City shall reimburse the City Manager for reasonable expenses
incurred by him in connection with and during the course and scope
of his duties and obligations pursuant to this contract, to the extent
budgeted annually by the City.
5. The City shall pay on behalf of the City Manager reasonable
professional dues, subscriptions and seminarexpenses as are related
to the field of City management and governmental administration, to
the extent budgeted annually by the City.
6. The City Manager shall receive five (5) Administrative Leave days
upon execution of this Agreement and shall receive ten (10)
Administrative Leave days on the January 1 of each successive
calendar year. In the event the City Manager shall not take such
Administrative Leave days off, then such days may be converted to
additional paid compensation prior to the expiration of each calendar
year at the option of the City Manager. Such days may not
accumulate from year to year.
Page 3 of 8
7. The City shall contribute eighteen percent (18 %) of the City
Manager's pay period base salary to the City's ICMA Retirement
Corp. Executive Plan 401(a) Money Purchase Plan, or such other
plan at the option of the City Manager, such contributions being
earned and paid per pay period. The City Manager may contribute
additional sums at his sole discretion.
8. The City shall provide the City Manager with a cellular phone and /or
phone service and a laptop computer for personal and business use
during the term of this Agreement.
9. Provided the City Manager moves his residence into the City's
jurisdictional boundaries, the City shall make a lump sum payment to
the City Manager in the amount of $20,000.00. If the City Charter is
amended and the City Manager does not move into the City, the City
is relieved of any payment under this subsection.
10. The City Manager shall be entitled to any such other benefits provided
to general City employees to the extent not addressed herein.
7. PERFORMANCE EVALUATION
A. Prior to August 3, 2001, the City Council shall conduct a six -month review
and evaluate the City Manager's performance under the terms of this Agreement. Such
performance review shall be based on the goals and objectives set by the City Council.
Based on such performance review, the City Manager shall be entitled to a merit increase
of zero to six percent (0 - 6 %) of his base salary.
B. The City Council shall review and evaluate the City Manager's performance
on or about the City Manager's one -year Anniversary Date and on an annual basis each
Anniversary Date thereafter. Annually, the City Council shall define such goals and
performance objectives which it determines necessary for the proper operation of the City.
Based on the City Manager's attainment of such goals and performance objectives, the
City Council shall establish the City Manager's entitlement to an appropriate increase in
base salary, if any. Increases to the City Manager's salary shall be solely performance -
based.
8. INDEMNIFICATION
The City shall indemnify and hold harmless the City Manager from all claims and
suits resulting from performance by the City Manager of his official duties in accordance
with the Charter and Code of the City, state law, and policy directives of the City Council
within the scope of his employment. Provided, however, if City Manager pleads guilty or
nolo contendere (no contest) to, or is found guilty of, any criminal conduct, he shall
Page 4 of 8
reimburse the City for any legal fees and expenses that the City has incurred or otherwise
paid, for or on his behalf, in connection with the charged conduct.
9. TERMINATION
This Agreement shall terminate:
A. At any time by mutual agreement of the City Manager and the City;
B. Upon the expiration of the term of City Manager's employment, unless earlier
terminated pursuant to the provisions of this Agreement;
C. Upon the City Manager's death;
D. At any time by the City's unilateral termination of the City Manager's
employment, with stated good cause, including but not limited to material breach of this
Agreement by the City Manager, or the conviction of the City Manager for any illegal act,
or any specific act or failure to act on the part of the City Manager which constitutes a
willful violation of the Charter;
E. At any time by the City's unilateral termination of the City Manager's
employment without stated good cause;
F. By unilateral action of the City Manager resigning, provided that the City
Manager shall give the City ninety (90) days written notice in advance of the resignation
termination date, unless the City Council agrees to accept a shorter notice of termination.
10. SEVERANCE OR TERMINATION BENEFITS
A. There shall be no severance payment to the City Manager in the event the
Agreement is terminated pursuant to paragraph 9(B) or 9(C) above. If the Agreement is
terminated pursuant to paragraph 9(A), any such benefit shall be agreed upon by the City
and the City Manager.
B. If this Agreement is terminated by the City Council, then the City shall pay
to the City Manager his base salary through the date of termination, plus reimbursement
for as -yet unreimbursed expenses pursuant to this Agreement, and such benefits as are
then earned, accrued, and payable, and such other benefits as may be required by state
law, regulation, City Charter, ordinance, or City policy.
C. In the event that termination shall be by the City Council pursuant to the
provisions of paragraph 9(D), then no severance payment shall be made to the City
Manager.
Page 5 of 8
D. In the event that the City Council shall terminate City Manager pursuant to
the provisions of paragraph 9 (E), then in that event:
1. The City shall pay to the City Manager, as severance, an amount
equal to his then current annual salary. Such severance payment
shall not be interpreted as base salary for purposes of calculating
other benefits due the City Manager as though employed.
2. The City shall make to the City Manager a lump sum payment of
$20,000.00 for moving expenses, provided that the City Manager
moved into the City in accordance with Section 4 of this Agreement.
3. The City shall provide City Manager and his immediate family with
medical, vision, dental, disability and life insurance for one (1) year
from the date of termination to be paid by the City.
4. The City shall not be obligated to make any payment under this
subsection (D) unless within ten (10) days from the date of
termination, City Manager shall execute and deliver to City a general
release of the City and its Council Members, and its officers, agents
and employees for all acts and actions (whether accrued or
subsequently accruing) from the beginning of time until the date of the
release, said release form to be prepared by and satisfactory to the
City Attorney. The City shall make all payments required under this
subsection (D) within five (5) days of receiving said general release.
E. In the event the City Manager shall resign, then in that event, the City Council
shall have the option to cause an earlier termination of the City Manager, without cause,
and in that event, severance shall be limited to payment to the City Manager of such
benefits as would have been earned until the date of termination proposed under the City
Manager's notice of resignation.
11. EFFECT OF TERMINATION
A. In the event of termination of this Agreement or the City Manager's
resignation, all City property and all finished or unfinished City documents held by the City
Manager shall be tendered and delivered to the City as its property within five (5) calendar
days of the effective date of termination or separation.
B. The City shall not be obligated to pay or reimburse the City Manager for any
expenses, including travel expenses, job- search expenses, and attorney's fees incurred
by him in connection with or as a result of any termination of his employment as City
Manager except as may be provided pursuant to paragraph 10.
Page 6 of 8
12. AMENDMENTS AND MODIFICATIONS
No modification of or amendment to this Agreement shall be valid unless reduced
to writing and signed by both parties. If on the City Council's request or with the City
Council's consent, City Manager continues in his employment as City Manager beyond the
date of the expiration of his employment or other mutually agreed upon termination date,
this Agreement shall remain in full force and effect during the continuation of such
employment except as otherwise expressly provided by written mutual agreement.
13. OTHER PROVISIONS
A. The recitals are true and correct and part of this Agreement.
B. The effective date of this Agreement shall be the last date it is executed by
either of the parties to this Agreement.
C. No collective- bargaining agreement to which the City is a party shall in whole
or in part shall govern, apply to, or be deemed a part of or incorporated into this
Agreement.
D. Any civil action arising out of this contract or the nonperformance or breach
of any covenant contained in it shall be brought only in Palm Beach County, Florida.
E. The City's waiver of any breach of any term, condition or covenant of this
Agreement shall not constitute the waiver of any other breach of the same or any other
term, condition or covenant of this Agreement.
F. This Agreement is binding upon the City Manager's heirs and personal
representatives and on the City regardless of any changes in the persons holding office
as members of the City Council.
G. If any provision of this Agreement or the application of any provision to any
party or circumstance shall be prohibited by or invalid under applicable law, that provision
shall be ineffective to the extent of such prohibition or invalidity without invalidating the
remaining provisions of this Agreement or their application to other parties or
circumstances. This Agreement, and its terms, conditions and covenants contained in it
shall be governed by and construed in accordance with the laws of the State of Florida.
H. This Agreement contains the entire Agreement between the City and the City
Manager. All prior agreements and understandings, whether written or oral, pertaining to
the City's employment of the City Manager are fully abrogated and of no further force and
effect from and after the date of this Agreement.
I. Regardless of which party or whose attorney prepared the original draft and
subsequent revisions of this Agreement, the City and the City Manager have had equal
Page 7 of 8
opportunity to contribute to and have contributed to its contents, and this Agreement shall
not be deemed to be the product of, and, therefore, construed against either of them.
J. The omission from this Agreement of a term or provision contained in an
earlier draft of this Agreement shall have no evidentiary significance regarding the
contractual intent of the parties.
K. This Agreement may be executed in duplicate or in counterparts, each of
which shall be deemed an original and all of which together shall be deemed one and the
same instrument. No term, condition or covenant of this Agreement shall be binding on
either party until both parties have signed it.
EXECUTED by this City on this
ATTEST:
Carol Gold, MMC, City Clerk
EXECUTED by the City Manager this
Witnesses:
PACP W in \H I STORY \010131 A \47D. E3(319.000
day of February, 2001.
CITY OF PALM BEACH GARDENS
Joseph R. Russo, Mayor
day of February, 2001.
Ronald M. Ferris
Page 8 of 8
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