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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 � 4( afflQ��ls ac�f (ftAe� � e e CIA dv, c9e�.co�Q�X74, . ..i•Q.�B �.Y 14 UAXAA �c� . � moo/ � .612cu � .Ric�•�. . 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. • • 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 • • • 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. • • 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 • City of Palm Beach Gardens Telephone Survey of Citizen Satisfaction Final Report - 2000 HAYSM, AR, ENC. Research & Alnalnysys • 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 • • • 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 &fNG ZONING 300 Catsffumo Way • Palm Beach Gardens. Florida 33410 • (561 j 694 -3000 • (666) 624-9697 Fax (561 ] 691 5260 • om ^'.ei: tff 'r � �' %t •'. - 'riff• 'awF V � uo, lrn w. JF s• 1 L; } �re"•1'f ' � ►.:� ..� .LEA 'r. )"C.,. �vs. _ �,. _..71 '� fir:. ii.► t. �1 r;, • .ia� r /• • Y1N _ It lt `�..�Q�ly1 J4F45,�� /�•�� J�11.J.`VY. j jay om AM 'm H ale ,'... :'f�' -ar 1� "' • ., :, � :�%�. Btu 9i�.V � � I� : .. � �.%� / � AL N 1114 '� �. �� �7:• �� as IS co u IL tn ILI r _ ' a -Nr. err► ;r�r *a�r r�r`ttz �� f a, t�• '� 1 i ,?PP. {s� p9 * *: Vy l�rl` *Z;:c »i'� ii4`,`l.�r D ,3 ♦rte -,a•�i �(� Ut We y}� WALL 1' PfSl �l tey� r J' —.r;� b ;.��, .��►11iit'a � '��'�''1�'.- EO!_..4`��:y' i��: "IF' d�•�.'•,... r r'!� t'� • 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 • • 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 4 • 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. 7 • "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 Uj • • 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 12 • 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. 13 (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 • 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 • (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. 21 • 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: 28 (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 30 � 0 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 32 • • 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. 33 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. 34 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. 35 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 36 • • 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 • L' 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. 38 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; 39 • (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. 40 • 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 • • 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 • • 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 • • 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 • • • 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 • 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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X6.00' ?s 0— tow r r r r r b J NA .ozoe -'l- .st Zo• • 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 Wp�. �7. '"i U U 1i 0 181 ........... 5 182 L I I i W.; -%ik illn 183 L Cd b 0 w r- 0 -b U cd N pq E co P-4 Q CI. u.. 0 a 0 ca S! l; o / • • oa C� et Lu ¢ a • r �a . 1 c e g] �y x i'- d dYF Y V � j W 'kip lie B�pfG� v'Q3z 2 � N v , f .e;* • • • 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: • OA • • 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 • • O 0410 y� L" '_1 s s or g wl aid d O � V N O p�C ,00h m m sZ �m e � a R v N AN a .Q _n a a � ut R N OOsm 7 a0, w y O Q N O w N O O N m a a i � A A ? 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A' C r r C 3 '` Ic R1n g 'IF. Lm L V r i d� O a a N O Z � 3z 3 N N � fD w 3 .N Na 3� I � ws 9� d 3� 3 w o� 3� p L' �.I L' III Y, M Y _.. L � r" I� �1ayQ� m 3 V, �G �e %4 roro� 'A N �a] '` Ic R1n g 'IF. Lm L V r i d� O a a N O Z � 3z 3 N N � fD w 3 .N Na 3� I � ws 9� d 3� 3 w o� 3� p L' �.I L' III Y, M Y . CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum • t l • 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.* &AUr1r3=v2fr9U Smdas I*-) Ott&! tell 6 Will as fi�6RR�RbisRisiti�tcRi� €R L�� Ilil i6 IN CR Is IN N 35 t Igo • Jp ��+ �te esoeisa• If . 1m J —1_ twlr"-f mg� *�mj Rg igR s is )I ; 01-60 4 P11, FRENCHMAN'S 1►ND RESERVE DESIGN PREPARED FOR TOLL BROTHERS, MC. SOUTH A."BUCBGARDMAORM Londoap�Mc clurlltndRamp uanos U21SOU Puel Jrc :eo io so 9a� i 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 i 0 asp � � o b cQ+.• J . cr IS cc 00 ' 0 7 ao _ � U � 0 o M C 00 CL LL s Q U. 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