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HomeMy WebLinkAboutAgenda Council Agenda 020603City of Palm Beach Gardens Council Agenda February 6, 2003 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Jablin Vice Mayor Sabatello Council Member Clark Council Member Russo Council Member Delgado CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING February 6, 2003 7:00 P.M. L PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV. ANNOUNCEMENTS /PRESENTATIONS: V. ITEMS & REPORTS BY MAYOR AND COUNCIL: VI. CITY MANAGER REPORT: a. Page 6 Update to Blue Ribbon Commission Workshop VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: a. (Pa 2e 23 Consideration of approving Minutes from the January 16, 2003 Regular City Council Meeting. b. (Pa 2e 30 Consideration of approving Minutes from the January 16, 2003 Workshop City Council Meeting. C. (Pa 2e 32 Resolution 11, 2003 — Golf Cart Lease Agreement. A resolution of the City Council of the City of Palm Beach Gardens, Florida, approving the lease - purchase of 80 golf carts with citicapital commercial corporation by piggybacking City of Port St. Lucie contract no. 20020008; Authorizing the Mayor, City Clerk and City Staff to execute all documents necessary to effectuate such lease purchase; providing for severability; providing for conflicts; and providing for an effective date. d. (Pa 2e 86 Resolution 16, 2003 — Sports Lighting Warranty Mirasol Park. A resolution of the City Council of the City of Palm Beach Gardens, Florida, authorizing the purchase of an extended warranty for the mirasol park sports lighting system from MUSCO lighting, inc; providing for severability; providing for conflicts; and providing for an effective date. e. (Pa 2e 96 Resolution 20, 2003 - Equipment Purchase - Hector Co. A resolution of the City Council of the City of Palm Beach Gardens, Florida, approving the piggyback purchase of field maintenance equipment for use at Mirasol park; providing for severability; providing for conflicts; and providing for an effective date. f (Pate 138) Resolution 21, 2003 - Equipment Purchase - John Deere Co. A resolution of the City Council of the City of Palm Beach Gardens, Florida, approving the piggyback purchase of a utility vehicle for use at the Mirasol park; providing for severability; providing for conflicts; and providing for an effective date. g. (Pate 153) Resolution 28, 2003 — Calling for a Referendum election on March 11, 2003. A resolution of the City Council of the City of Palm Beach Gardens, Florida, calling for a referendum election on March 11, 2003 for approval of a proposed bond issue to finance acquisition of land to protect open space from development, provision of nature education facilities for children, improving of parkways, parks and recreation facilities and provision of new trails; providing for codification; providing for severability; providing for conflicts; and providing for an effective date. IX. PUBLIC HEARINGS: a. (Pate 157) Ordinance 3, 2003 — Reinstating of the "MacArthur Banyan Tree Historic Overlay Protection Zone" (Second Reading). An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for an amendment to Section 78 -682 of the City Code of Ordinances, entitled "Historical and Archaeological Sites," by adding a third criterion, and to establish the MacArthur Banyan Tree as a locally designated historic and /or archaeologically significant site; providing for enactment of Section 78 -683 of the Code of Ordinances, entitled "MacArthur Banyan Tree Historic Overlay Protection Zone "; providing for codification; providing for severability; providing for conflicts; and providing for an effective date. b. (Page 164) Ordinance 4, 2003 — Benjamin High School PUD Amendment (Second Reading). An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of an amendment to the Benjamin Private High School Planned Unit Development by allowing an increase in on -site upland preserve area, off -site mitigation of the wetland preserve area, relocation and redesign of the athletic fields, relocation of the field house and associated parking, and minor modification to the approved architectural elevations, located approximately one -half mile south of Donald Ross Road on the west side of Central Boulevard, and as more particularly described herein; providing for waivers; providing for conditions of approval; providing for conflicts; providing for severability; providing for an effective date. X. RESOLUTIONS: a. (Page 237) Resolution 208, 2002 — Old Palm Golf Club Master Sign Program. A resolution of the City Council of the City of Palm Beach Gardens, Florida, approving a master signage program for the Old Palm Golf Club Planned Community District (PCD), generally located at the northwest corner of PGA boulevard and central boulevard, more particularly described in exhibit A attached hereto; providing for waivers; providing for conditions of approval; providing for conflicts; providing for severability; providing for an effective date. b. (Page 288) Resolution 215, 2002 — Old Palm Golf Club Clubhouse, Fitness Center and Casitas. A resolution of the City Council of the City of Palm Beach Gardens, Florida, approving a 9.64 -acre site for a Clubhouse, Fitness Center and Casitas on parcel F 1 within the Old Palm Golf Club Planned Community District (PCD), generally located at the northwest corner of PGA boulevard and central boulevard, as more particularly described in exhibit A attached hereto; providing for waivers; providing for conditions of approval; providing for conflicts; providing for severability; providing for an effective date. C. Pa a 358 Resolution 25, 2003 — PGA Commons Parcel 3 — Art in Public Places. A resolution of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of the art in public places proposal for PGA commons parcel 3, located on the south side of PGA boulevard, east of its intersection with hickory drive, as more particularly described herein; providing for conditions of approval; providing for conflicts; providing for severability; and providing for an effective date. d. (Page 377) Resolution 29, 2003 — Consideration of Employment Contract for in house Attorney. A resolution of the City Council of the City of Palm Beach Gardens, Florida, appointing Christine Tatum as in -house city attorney to perform the duties of chief legal advisor for the city of palm beach gardens and approving an agreement with Christine Tatum; providing for conflicts; providing for severability; and providing for an effective date. XL ORDINANCES: (For Consideration on First Reading) a. (Pate 400) Ordinance 53, 2002 - Donald Ross Village Mixed —Use Planned Unit Development. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of a rezoning from planned development area to mixed use planned unit development to be known as the Donald Ross village and approval for 156 multi - family residential units, 93 -room hotel, 9,000 square feet of professional (business) office, 3,236 square feet of gas /convenience store, 4,000 square feet of bank, 14,873 square feet of drug store, 13,000 square feet of restaurant use, 2,400 square feet of outdoor seating area for retail, and 88,987 square feet of retail uses on an approximately 45 -acre site generally bounded by Donald Ross road to the north, central boulevard to the west, and military trail to the east; providing for waivers; providing for conditions of approval; providing for conflicts; providing for severability; and providing for an effective date. b. (Pate 487) Ordinance 2, 2003 — Budget Amendment — Budget - -Carry Forward Fiscal Year 2003. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for an amendment of the city of City of Palm Beach Gardens budget for the fiscal year beginning October 1, 2002, and ending September 30, 2003, inclusive. Providing for conflicts; providing for severability; and providing for an effective date. C. (Pate 502) Ordinance 5, 2003 — Budget Amendment — Fiscal Year 2001/2002 Year End Adjustments. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for an amendment of the City of Palm Beach Gardens budget for the fiscal year beginning October 1, 2001, and ending September 30, 2002, inclusive; providing for conflicts; providing for severability; and providing for an effective date. XII. ITEMS FOR COUNCIL ACTION: XIII. ITEMS FOR DISCUSSION: XIV. CITY ATTORNEY REPORT: XV. ADJOURNMENT In accordance with the Americans with Disabilities Act and Florida Statute 8626, persons with disabilities needing special accommodations to participate in this proceeding should contact the City Clerk's Department, no later than 5 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 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: February 6, 2003 Meeting Date: February 6, 2003 Subject/Agenda Item: Staff is requesting City Council approval to proceed with the legal advertisement requirements mandated by Chapter 197, Florida Statutes, and to move forward with obtaining the consent of the Palm Beach County Property Appraiser and Tax Collector. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: $� Council Action: (Total) City Attorney [ ] Approved $ [ ]Approved w/ Current FY conditions [ ] Denied Funding Source: [ ] Continued to: Advertised: Date: [ ] Operating Attachments: Paper: [ ] Other Submitted by: Sheryl L. Stewart, [ ] Not Required Assistant to City Manager Department Director Affected parties [ ] Notified Budget Acct. #: [ ] None Approved by: City anager [ ] Not required See attached memo. CITY OF PALM BEACH GARDENS MEMORANDUM �.1Ut TO: Mayor and Council / DATE: February 6, 2003 THROUGH: Ron Ferris, City Manage /ityManage FROM: Sher yl Stewart, Assistant to he r jjk, SUBJECT: Procedural requirements to levy the non -ad valorem assessments for canal system restoration and maintenance During the regular City Council meeting on January 16, 2003, the City Council unanimously passed a motion to adopt the Blue Ribbon Panel's report and directed staff to proceed with implementing its findings. There are two concurrent activities which must occur, one is the verification of the data and assessment rates and the other is the legal notifications that are required. Regarding the legalities, staff received the attached information from panel member Terry Lewis on the procedural requirements that must be met under Chapter 197, Florida Statutes in order to collect any additional non -ad valorem assessments in Fiscal Year 2003 -2004. The first requirement is to advertise the City's intent to collect an additional non -ad valorem assessment, and to adopt two resolutions of intent by March 1, 2003. This will require a special meeting /public hearing of the Council, to be held on Wednesday, February 26, 2003, at 12:00 p.m. in the Council Chambers. To move forward, staff must place notice in the Palm Beach Post this week and once a week for the remainder of the month so that Council may adopt the attached draft resolutions by March 1, 2003, as mandated by Florida Statutes. In addition, we need to obtain consent from the Palm Beach County Property Appraiser and Tax Collector, and we will be working on that during this month. This does not commit the City to actually collect any assessments or define the assessment rates. This does, however, reserve a line on the Palm Beach County Tax Collector's statement. Since the Blue Ribbon Panel report is conceptual, Council requested that staff take the necessary steps to verify the data and the assessment rates, and to report back to Council with such information. Staff is in the process of obtaining quotes from consultants as to the cost to provide the data Council has requested. Staff is requesting Council approval to proceed with the legal advertisements, and to authorize the City Manager to move forward with obtaining the consent of the Palm Beach County Property Appraiser and Tax Collector. Attachments LFMS, LONGM &WALKER, P.A. ATTORNEYS AT LAW JACKSONVILLE OFFICE 9428 Baymeadows Road Suite 625 Jacksonville, Florida 32556 (904) 737 -2020 • Fax (904) 737 -3221 TO: Sheryl Stewart Dan Clark FROM: Terry E. Lewis DATE: February 4, 2003 "Helping Shape Florida's Future" TALLAHASSEE OFFICE Post Office Box 10788 (32302) 125 South Gadsden Street Suite 300 Tallahassee, Florida 32301 (850) 222 -5702 • Fax (850) 224 -9242 MEMORANDUM WEST PALM BEACH OFFICE 1700 Palm Beach Lakes Blvd Suite 1000 West Palm Beach, Florida 33401 (561) 640 -0820 • Fax (561) 640 -8202 Reply To: West Palm Beach SUBJECT: Procedural Requirements for Levy of Restoration and Maintenance Non -Ad Valorem Assessments VIA EMAIL Sheryl, as a follow -up to our discussion last evening, I am attaching the following draft documents for your review: 1. An appropriate notice for publication in a local newspaper, once a week for four weeks, announcing the City's intention to levy non -ad valorem assessments. 2. Proposed agreements with the Palm Beach County Property Appraiser and Tax Collector consenting to allow the City to submit its resolution determining to use Chapter 197 or levy such assessments as late as March 10, 2003. 3. A draft resolution with a number of blank attachments that are self explanatory. Nothing needs to be done with these documents unless the City determines to go forward and attempt to meet the 2003 deadline for getting these assessments on the Palm Beach County Tax Roll. If however, staff desires to move forward with this project, the notice needs to be Memorandum February 4, 2003 Page 2 placed in the Palm Beach Post this week and each remaining week in February so that the City Council may adopt the attached resolution on or before March 1, 2003. Additionally, the agreements with the Property Appraiser and Tax Collector will need to be executed practically immediately. Therefore, time is of the essence. If you or Dan have any questions, please give me a call. TEL /sps Attachments IAClient Documents \City of PBG\Matter No\Coir \Stewart Memo.doc PALM BEACH COUNTY TAX COLLECTOR'S CONSENT TO EXTENSION OF TIME This Consent to Extension of Time is given as of , 2003, by the Palm Beach County Tax Collector (Tax Collector), to the City of Palm Beach Gardens, Florida (the City). WHEREAS, the City desires to collect non -ad valorem assessments for stormwater improvements and facilities beginning with Fiscal Year 2003 -04; WHEREAS, the City must adopt a resolution of intent under Chapter 197, Florida Statutes in order to collect said assessment on the Tax Collector's tax bill under the Uniform Method of Collection; WHEREAS, the City would like an extension beyond January 1, 2003, to March 1, 2003, by which to adopt the resolution of intent; and WHEREAS, the City seeks the consent of the Property Appraiser and Tax Collector for such extension of time. NOW, THEREFORE, the Tax Collector hereby consents, pursuant to section 197.3632(3)(a), Florida Statutes, to the City's holding of a public hearing prior to March 1, 2003 to consider the adoption of a resolution of the City Council of Palm Beach Gardens providing a notice of its intent to use the section 197.3632, Florida Statutes, non -ad valorem method of collecting assessments to fund the City's stormwater improvements and facilities beginning with Fiscal Year 2003 -04. Palm Beach County Tax Collector PALM BEACH COUNTY PROPERTY APPRAISER'S CONSENT TO EXTENSION OF TIME This Consent to Extension of Time is given as of , 2002, by the Palm Beach County Property Appraiser (Property Appraiser), to the City of Palm Beach Gardens, Florida (the City). WHEREAS, the City desires to collect non -ad valorem assessments for stormwater improvements and facilities beginning with Fiscal Year 2003 -04; WHEREAS, the City must adopt a resolution of intent under Chapter 197, Florida Statutes in order to collect said assessment on the Tax Collector's tax bill under the Uniform Method of Collection; WHEREAS, the City would like an extension beyond January 1, 2003, to March 1, 2003, by which to adopt the resolution of intent; and WHEREAS, the City seeks the consent of the Property Appraiser and Tax Collector for such extension of time. NOW, THEREFORE, the Property Appraiser hereby consents, pursuant to section 197.3632(3)(x), Florida Statutes, to the City's holding of a public hearing prior to March 1, 2003 to consider the adoption of a resolution of the City Council of Palm Beach Gardens providing a notice of its intent to use the section 197.3632, Florida Statutes, non -ad valorem method of collecting assessments to fund the City's stormwater improvements and facilities beginning with Fiscal Year 2003 -04. Palm Beach County Property Appraiser NOTICE OF INTENT TO USE UNIFORM METHOD OF COLLECTING NON -AD VALOREM ASSESSMENTS The City of Palm Beach Gardens, Florida (the "City ") hereby provides notice, pursuant to section 197.3632(3)(a), Florida Statutes, of its intent to use the uniform method of collecting non -ad valorem assessments to be levied within the incorporated area of the City, for certain costs associated with restoring and maintaining the City's stormwater system commencing for the Fiscal Year beginning on October 1, 2003. The City will consider the adoption of a resolution electing to use the uniform method of collecting such assessments authorized by section 197.3632, Florida Statutes, at a public hearing to be held at 12:00 p.m. on February 26, 2003, at 10500 North Military Trail, Palm Beach Gardens, Florida. Such resolution will state the need for the levies and will contain a legal description of the boundaries of the real property subject to the levies. Copies of the proposed form of resolution, which contains the legal description of the real property subject to the levies, are on file at the Office of the City Clerk of Palm Beach Gardens, Florida. All interested persons are invited to attend. In the event any person decides to appeal any decision by the City with respect to any matter relating to the consideration of the resolution at the above - referenced public hearing, a record of the proceeding may be needed and in such an event, such person may need to ensure that a verbatim record of the public hearing is made, which record includes the testimony and evidence on which the appeal is to be based. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the City of Palm Beach Gardens (561) 799 -4122, 7 days prior to the date of the hearing. DATED this day of 2003. By Order of: CITY OF PALM BEACH GARDENS, FLORIDA Publish in a newspaper of general circulation during the weeks of: February 2 — 8, 2003 February 9 — 15, 2003 February 16 — 22, 2003 February 23 - March 1, 2003 RESOLUTION NO. 1 A RESOLUTION OF THE CITY OF PALM BEACH GARDENS, FLORIDA ELECTING TO USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM ASSESSMENTS LEVIED WITHIN THE INCORPORATED AREA OF THE CITY; STATING A NEED FOR SUCH LEVY; PROVIDING FOR THE MAILING OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens, Florida (the "City ") is contemplating the imposition of non -ad valorem assessments for the restoration of the City's stormwater system; and WHEREAS, the City intends to use the uniform method for collecting non -ad valorem assessments for the cost of providing restoration to property within the incorporated area of the City as authorized by section 197.3632, Florida Statutes, as amended, because this method will allow such assessments to be collected annually commencing in November 2003, in the same manner as provided for ad valorem taxes; and WHEREAS, the City held a duly advertised public hearing prior to the adoption of this Resolution, proof of publication of such hearing being attached hereto as Exhibit A. NOW, THEREFORE BE IT RESOLVED: 1. Commencing with the Fiscal Year beginning on October 1, 2003, and with the tax statement mailed for such Fiscal Year, the City intends to use the uniform method of collecting non -ad valorem assessments authorized in section 197.3632, Florida Statutes, as amended, for collecting non -ad valorem assessments for the cost of restoring its stormwater system. Such non -ad valorem assessments shall be levied within the incorporated area of the City. A legal description of such area subject to the assessment is attached hereto as Exhibit B and incorporated by reference. 2. The City hereby determines that the levy of the assessments is needed to fund the cost of restoration of its system within the incorporated area of the City. 3. Pursuant to section 197.3632, Florida Statutes, the Palm Beach County Tax Collector and the Palm Beach County Property Appraiser have agreed that the City may have until March 1, 2003 to adopt this Resolution; such agreements being attached hereto as Exhibit C and incorporated herein by reference. 4. Upon adoption, the City Clerk is hereby directed to send a copy of this Resolution by United States mail to the Florida Department of Revenue, the Palm Beach County Tax Collector, and the Palm Beach County Property Appraiser by March 10, 2003. 5. This Resolution shall be effective upon adoption. DULY ADOPTED this day of , 2003. (SEAL) Attest: Clerk CITY OF PALM BEACH GARDENS, FLORIDA Mayor E EXHIBIT A PROOF OF PUBLICATION [PLEASE INSERT PROOF OF PUBLICATION] EXHIBIT B PALM BEACH GARDENS, FLORIDA MORE PARTICULARLY DESCRIBED AS [PLEASE INSERT LEGAL DESCRIPTION OF THE CITY] APPENDIX C AGREEMENT WITH PROPERTY APPRAISER AND TAX COLLECTOR RESOLUTION NO. 2 A RESOLUTION OF THE CITY OF PALM BEACH GARDENS, FLORIDA ELECTING TO USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM ASSESSMENTS LEVIED WITHIN THE INCORPORATED AREA OF THE CITY; STATING A NEED FOR SUCH LEVY; PROVIDING FOR THE MAILING OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens, Florida (the "City ") is contemplating the imposition of non -ad valorem assessments for the maintenance and operation of the City's stormwater system; and WHEREAS, the City intends to use the uniform method for collecting non -ad valorem assessments for the cost of providing maintenance and operation of the system within certain portions of the incorporated area of the City as authorized by section 197.3632, Florida Statutes, as amended, because this method will allow such assessments to be collected annually commencing in November 2003, in the same manner as provided for ad valorem taxes; and WHEREAS, the City held a duly advertised public hearing prior to the adoption of this Resolution, proof of publication of such hearing being attached hereto as Exhibit A. NOW, THEREFORE BE IT RESOLVED: 1. Commencing with the Fiscal Year beginning on October 1, 2003, and with the tax statement mailed for such Fiscal Year, the City intends to use the uniform method of collecting non -ad valorem assessments authorized in section 197.3632, Florida Statutes, as amended, for collecting non -ad valorem assessments for the cost of maintaining and operating its stormwater system. Such non -ad valorem assessments shall be levied within certain benefited portions of the incorporated area of the City. A legal description of such area subject to the assessment is attached hereto as Exhibit B and incorporated by reference. 2. The City hereby determines that the levy of the assessments is needed to fund the cost of maintaining and operating its system within the described area of the City. 3. Pursuant to section 197.3632, Florida Statutes, the Palm Beach County Tax Collector and the Palm Beach County Property Appraiser have agreed that the City may have until March 1, 2003 to adopt this Resolution; such agreements being attached hereto as Exhibit C and incorporated herein by reference. 4. Upon adoption, the City Clerk is hereby directed to send a copy of this Resolution by United States mail to the Florida Department of Revenue, the Palm Beach County Tax Collector, and the Palm Beach County Property Appraiser by March 10, 2003. 5. This Resolution shall be effective upon adoption. DULY ADOPTED this day of , 2003. (SEAL) Attest: Clerk CITY OF PALM BEACH GARDENS, FLORIDA Mayor 2 EXHIBIT A PROOF OF PUBLICATION [PLEASE INSERT PROOF OF PUBLICATION] EXHIBIT B PALM BEACH GARDENS, FLORIDA MORE PARTICULARLY DESCRIBED AS [PLEASE INSERT LEGAL DESCRIPTION OF THE CITY] APPENDIX C AGREEMENT WITH PROPERTY APPRAISER AND TAX COLLECTOR CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING January 16, 2003 The January 16, 2003 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:28 P.M. in the Council Chambers of the Municipal Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida. ROLL CALL: The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Jablin, Vice Mayor Sabatello, Councilmember Clark, Councilmember Russo, and Councilmember Delgado. ADDITIONS, DELETIONS, AND MODIFICATIONS: Mayor Jablin announced a consent agenda addition of a proclamation for PGA National Resort and Spa Day to be held January 17, 2003; requested that first reading ofResolution 1, 2003 for Wachovia Bank rezoning be moved to the February 20, 2003 meeting; that Donald Ross Village Upland Mitigation be moved to the front of the agenda and immediately following that to hear Resolution 22, 2003. Councilmember Delgado moved the additions, deletions, and modifications as announced by the Mayor. Councilmember Clark seconded the motion, which carried by unanimous 5 -0 vote. ITEMS & REPORTS BY MAYOR AND COUNCIL: Councilmember Russo reported the Honda Classic plans were going well and thanked staff and the business community for their participation. Councilmember Russo reported Gary Carter had been elected to the Baseball Hall of Fame. It was the consensus of the City Council to hold a Gary Carter Day and to dedicate the new ballfield at Mirasol to be Gary Carter Field. Councilmember Clark reported work was continuing on the environmental brochure. It was the consensus of the City Council to request DOT delay start of rehabilitation of PGA Boulevard Bridge approximately 6 months to avoid overlapping with construction of the PGA Flyover. The Mayor reported that the new Green Market was a resounding success, and thanked Public Works for painting the fire training tower. Changing the second meeting in February to the 24`h so as not to conflict with Passover was discussed; however, no resolution was reached. Mayor Jablin reported that at the workshop before this meeting the Blue Ribbon Committee had presented their final recommendation for drainage. Councilmember Russo moved to adopt the final report of the Blue Ribbon Committee and to direct staff to move forward to check legalities, funding, etc. in order to begin implementation. Motion was seconded and carried by unanimous 5 -0 vote. CITY MANAGER REPORT: City Manager Ferris reported that the RFP for legal services for the City had resulted in responses from six firms and one individual. Discussion ensued. Direction to the City Manager was to interview the one individual who had applied and bring back a report at the next meeting. Councilmember Delgado left at this point in the meeting due to illness. A presentation was provided by Mr. Cliff Danley, Executive Director of the Honda Classic. Mayor Jablin thanked Councilmember Russo and Mr. Danley for their work on this project. Staff explained the items on tonight's agenda that were required for the Honda Classic. COMMENTS FROM THE PUBLIC: Roger Blangy,11658 Hemlock Street, read aloud a letter to Mayor Jablin recommending a Palm Beach Gardens Memorial Park cemetery for all faiths. Discussion ensued. No one on the City Council expressed an interest in proceeding with this suggestion. Alan Ciklin requested a workshop meeting be held for Christ CITY OF PALM BEACH GARDENS REGULAR MEETING, 1/16/03 2 Fellowship for the east 20 acres. Growth Management Administrator Charles Wu recommended holding a workshop meeting before this application went to DRC. Staff was directed by the City Council to set a workshop date. CONSENT AGENDA: Councilmember Clark made a motion to approve the consent agenda. Councilmember Russo seconded the motion, which carried 4 -0. The following items were approved on the consent agenda: a. Consideration of approving Minutes from the December 5, 2002 Regular City Council Meeting. \ b. Consideration of approving Minutes from the December 19, 2002 Workshop City Council Meeting. C. Consideration of approving Minutes from the December 19, 2002 Regular City Council Meeting. d. Resolution 1, 2003 — Interlocal Agreement with Palm Beach County and the City of Palm Beach Gardens regarding use of interoperable frequencies. Consideration for approving an Interlocal Agreement with Palm Beach County for interoperability through Common Law Enforcement Talk Groups and authorizing the Mayor and City Clerk to execute said agreement. e. Resolution 7, 2003 — Agreement with Garden Oaks Property Owners Association. Consideration for approving an agreement between the City and the Gardens Oaks Property Owners Association for Uniform Traffic Control on private streets and roadways within the Garden Oaks Community. Authorizing the Mayor and City Clerk to execute the agreement. f. Resolution 9, 2003 — Contract with Government Services Group, Inc. to Continue PGA Flyover Assessment Service for Fiscal Years 2003/2004 and 2004/2005. Consideration of approving an agreement with Government Services Group, Inc and authorizing the Mayor and City Clerk to execute same. g. Resolution 15, 2003 — Agreement with BellSouth for the maintenance of the Cisco Smartnet 6509 network switch. Consideration for approving an agreement with BellSouth for the maintenance of the Police Department's Cisco 6509 Data Communications Switch by "Piggybacking" State Contract No. 250- 000 -03 -1. h. Resolution 18, 2003 - Appoint Theresa LePore, Supervisor of Elections, as an additional member to the City's Canvassing Board. Consideration of appointing the Supervisor of Elections to the City's Canvassing Board and authorizing the Supervisor of Elections to act on the City's behalf. i. Resolution 23, 2003 — Award of Printing Services Bid. Consideration for accepting the proposal from Topline Printing and Graphics, Inc. to provide printing and distributing services and authorizing the Mayor and City Clerk to execute an agreement. j. Proclamation — Consideration of approving a proclamation recognizing Arbor Day. k. Proclamation — Consideration of approving a proclamation recognizing the Florida Association of City Clerks' thirtieth anniversary. 1. Proclamation — Consideration of approving a proclamation for PGA National Resort and Spa Day to be held January 17, 2003. ITEM FOR DISCUSSION Donald Ross Village Upland Mitigation - City Forester Mark Hendrickson presented the CITY OF PALM BEACH GARDENS REGULAR MEETING, 1/16/03 3 project. Hank Skokowski spoke on behalf of the applicant requesting that this application be moved forward with the option to mitigate off -site 1.69 of the acreage required to be upland preserve. Consensus was to let this application move forward to first reading without setting a precedent for other applications. RESOLUTION Resolution 22, 2003 — Placing Bond/Land Acquisition for referendum vote. Consideration for calling a Referendum Election on March 11, 2003 for approval of a proposed bond issue to enhance and improve Park and Recreation Facilities and protect open space for a new park. Councilmember Clark moved approval of Resolution 22, 2003. Councilmember Russo seconded the motion, which carried by unanimous 4 -0 vote. PUBLIC HEARINGS Ordinance 51, 2002 — Shell Gas Station PUD Amendment — Sign & Color Changes. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an amendment to the PGA Shell Service Station Planned Unit Development located at 4445 PGA Boulevard to allow color changes to the building elevations and new signage; providing for conditions of approval; providing for a waiver; providing for conflicts; providing for severability; and providing for an effective date — for consideration of second reading. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 51, 2002. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark moved approval of Ordinance 51, 2002 on second reading by title only. Councilmember Russo seconded the motion, which carried by unanimous 4 -0 vote. The City Clerk read Ordinance 51, 2002 on second reading by title only. Ordinance 52, 2002 —Sign Code Amendment Non - Commercial Messages. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for an amendment to the Palm Beach Gardens Code of Ordinances by amending Chapter 78 "Land Development," Article V, "Supplementary District Regulations," Division 6, "Signs," by adding Section 78- 291 "Non- Commercial Messages "; providing for conflicts; providing for severability; providing for codification; and providing for an effective date, for consideration of second reading. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 52, 2002. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark moved approval of Ordinance 52, 2002 on second reading by title only. Councilmember Russo seconded the motion, which carried by unanimous 4 -0 vote. The City Clerk read Ordinance 52, 2002 on second reading by title only. Ordinance 49, 2002 — Special Events. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for an amendment to the City Code of Ordinances by repealing Section 78 -187, "Special Events," of Chapter 78, "Land Development," and adopting a new Section 78 -187, and amending Article VIII, Section 78 -751, "Definitions "; providing for codification; providing for conflicts; providing for severability; and providing for an effective date — for consideration of second reading. Planner Natalie Wong presented the changes to the proposed amendment since first reading. It was requested that the 21 -day time period for special events such as the Pumpkin Parch be changed to 30 days. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 49, 2002. Ed Gruvman, Nutrition S'Mart, requested consideration o f f our s pecial e vents p er y ear a s opposed to three, which the Council did not grant; however, Mr. Gruvman was advised that the City Council would review this ordinance in one year. Joan Altwater, Cypress Hollow CITY OF PALM BEACH GARDENS REGULAR MEETING, 1/16/03 4 Drive, expressed concern that special events by institutions with more than one location had not been addressed. Ms. Altwater was advised that conditions of approval would supercede this ordinance. Hearing no further comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark moved approval of Ordinance 49, 2002 on second reading by title only with changing the proposed 21 -day limit for Pumpkin Patch and Christmas Tree sales with a 5 -day extension to a flat 30 -day time limit; and with off - premises sign language as provided by staff. Councilmember Russo seconded the motion, which carried by unanimous 4 -0 vote. The City Clerk read Ordinance 49, 2002 on second reading by title only. Mayor Jablin indicated his support for reviewing Ordinance 49, 2002 in one year. RESOLUTIONS Resolution 12, 2003 — Special Events Fees. Consideration of amending the City of Palm Beach Gardens Master Schedule of Fees and Charges to include a fee for Special Events and to include an Appeal Fee for denial of a Special Event. Councilmember Russo moved approval of Resolution 12, 2003. Councilmember Clark seconded the motion, which carried by unanimous 4 -0 vote. Resolution 184, 2002 — Evergrene Master Sign Program. Consideration of approving a Master Sign Program for the Evergrene Planned Community District (PCD), located between Military Trail and Alternate AIA, north of Hood Road and south of Donald Ross Road; providing for amendments to certain conditions in previously approved Resolution 150, 2002, Resolution 72, 2002, Resolution 181, 2001, and Resolution 182, 2001 relating to lighting; providing for waiver; providing for condition(s) of approval; providing for conflicts; providing for severability; and providing for an effective date. Principal Planner Talal Benothman presented the proposal. Hank Skokowski spoke on behalf of the applicant. Councilmember Clark made a motion to approve Resolution 184, 2002 with the amendment to change the 12 months limitation to place City signs on the corner to 24 months. Councilmember Russo seconded the motion, which carried by unanimous 4 -0 vote. Resolution 2, 2003 — Authorizing the Provision of In -kind Services to Assist the Classic Foundation, Inc. Consideration of approving in -kind support services to assist the Classic Foundation, Inc. in implementing the Honda Classic Golf Tournament. Councilmember Clark made a motion to approve Resolution 2, 2003. Councilmember Russo seconded the motion. The City Attorney verified that Councilmember Russo had no conflict of interest from his involvement in the Honda Classic since there was no monetary gain, and he was not excluded from voting. Motion carried by unanimous 4 -0 vote. Resolution 3, 2003 — Approve a $25,000 Grant for the Classic Foundation, Inc. Consideration for approving a $25,000 Grant to the Classic Foundation, Inc. to provide City police services for the Honda Classic Golf Tournament. Councilmember Clark made a motion to approve Resolution 3, 2003. Councilmember Russo seconded the motion, which carried by unanimous 4 -0 vote. Resolution 4, 2003 — Special Use Agreement with Classic Foundation, Inc. Consideration of approving an agreement with the Classic Foundation, Inc. for the use of City facilities in connection with the Honda Classic Golf Tournament. Councilmember Clark made a motion to approve Resolution 4, 2003. Councilmember Russo seconded the motion, which carried by unanimous 4 -0 vote. Resolution 5, 2003 — Approve Lease Agreement with the School Board of Palm Beach County and Sub -Lease Agreement with the Classic Foundation. Consideration of approving CITY OF PALM BEACH GARDENS REGULAR MEETING, 1/16/03 5 a Lease Agreement with the School Board of Palm Beach County and a Sub -Lease Agreement with the Classic Foundation, Inc. to provide for temporary parking within the Mirasol School site. Staff indicated the School Board would like to extend the time they would have access to the land. It was indicated that details would be worked out with the School Board. Councilmember Clark made a motion to approve Resolution 5, 2003. Councilmember Russo seconded the motion, which carried by unanimous 4 -0 vote. Resolution 8, 2003 — Purchase of seven (7) Harley- Davidson Motorcycles. Consideration of awarding the bid for the purchase of seven (7) Harley- Davidson Police Motorcycles to Harley Davidson of Palm Beach, Inc. Presentations were provided by Finance Director Alan Owens and Police Lt. Glenn Brown. Councilmember Clark made a motion to approve Resolution 8, 2003. Councilmember Russo seconded the motion, which carried by unanimous 4 -0 vote. Resolution 13, 2003 — Appointment/Reappointment of P &Z Commission Members. Consideration of providing for the reappointment of six (6) regular members and the appointment of one (1) new regular member and two (2) alternate members to the Planning and Zoning Commission of the City of Palm Beach Gardens. Councilmember Clark made a motion to approve Resolution 13, 2003. Councilmember Russo seconded the motion, which carried by unanimous 4 -0 vote. Resolution 14, 2003 — Opposing the Construction of the El Paso Seafarer Natural Gas Transmission Pipeline. Councilmember Russo made a motion to approve Resolution 14, 2003. Vice Mayor Sabatello seconded the motion. During discussion of the motion, Councilmember Clark stated his opposition to the resolution. Councilmember Russo withdrew his motion and Vice Mayor Sabatello withdrew his second in order to allow residents to speak. Amir Kanel, Steeplechase HOA President, expressed their H OA's opposition to construction of the gas line as proposed because of the danger to residents close to the line, and referred to a recent accident in Lake Worth. AUDIO RECORDING WAS INTERRUPTED HERE DUE TO POWER SURGE. A motion was made to approve Resolution 14, 2003. The motion was seconded, which carried by a 3 -1 vote. Resolution 17, 2003 — NorthCorp Lots 4 & 5 Amendment to Resolution 43, 2002. Consideration for an amendment to Condition 3 of Resolution 43, 2002, relating to the timing of installation of perimeter buffer landscaping for "Lots 4 & 5" of the Northcorp Planned Community District (PCD), Located between Riverside drive and East Park drive. A motion was made to approve Resolution 17, 2003. The motion was seconded, which carried by a unanimous 4 -0 vote. Resolution 22, 2003 — Placing Bond/Land Acquisition for referendum vote. Consideration for calling a Referendum Election on March 11, 2003 for approval of a proposed bond issue to enhance and improve Park and Recreation Facilities and protect open space for a new park. A motion was made to approve Resolution 22, 2003. The motion was seconded, which carried by a unanimous 4 -0 vote. CITY OF PALM BEACH GARDENS REGULAR MEETING, 1/16/03 ORDINANCES Ordinance 3, 2003 — Reinstating of the "MacArthur Banyan Tree Historic Overlay Protection Zone ". An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for an amendment to Section 78 -682 of the City Code of Ordinances, entitled "Historical and Archaeological Sites," by adding a third criterion, and to establish the MacArthur Banyan Tree as a locally designated historic and/or archaeologically significant site; providing for enactment of Section 78 -683 of the Code of Ordinances, entitled "MacArthur Banyan Tree Historic Overlay Protection Zone "; providing for codification; providing for severability; providing for conflicts; and providing for an effective date. A motion was made to approve Ordinance 3, 2003. The motion was seconded, which carried by a unanimous 4 -0 vote. POWER WAS RESTORED TO THE AUDIO RECORDING SYSTEM DURING THE FOLLOWING AGENDA ITEM Ordinance 4, 2003 — Benjamin High School PUD Amendment. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of an amendment to the Benjamin Private High School Planned Unit Development by allowing an increase in on -site upland preserve area, off -site mitigation of the wetland preserve area, relocation and redesign of the athletic fields, relocation of the field house and associated parking, and minor modification to the approved architectural elevations, located approximately one -half mile south of Donald Ross Road on the west side of Central Boulevard, and as more particularly described herein; providing for waivers; providing for conditions of approval; providing for conflicts; providing for severability; providing for an effective date — for consideration of first reading. Anne Booth, Urban Design Studio, spoke on behalf of the petitioner. Councilmember Clark made a motion to place Ordinance 4, 2003 on first reading by title only. Councilmember Russo seconded the motion, which carried by unanimous 4 -0 vote. The City Clerk read Ordinance 4, 2003 on first reading by title only. ITEMS FOR DISCUSSION Proposed Countywide Prohibited Invasive Non - Native Vegetation Removal Ordinance — City Forester Mark Hendrickson explained that the County was changing their eradication procedure to become county wide and explained how this ordinance targeted nine specific plants for removal with set deadlines. Staff recommended opting out with the City adopting their own ordinance. Consensus was to opt out of the County's plan. Roadway Improvements — Vice Mayor Sabatello asked whether the City could be involved in time schedules for roadway improvements. Councilmember Clark advised that DOT representatives were available through the MPO and welcomed input from municipalities, but specific projects needed to be addressed. Councilmember Clark indicated the turnpike authority had indicated a dedicated lane for Sunpass was being considered for the PGA Boulevard turnpike exchange, and a suggestion had been made to give away the transponders to raise usage. Mayor Jablin requested and received consensus to send letters to other municipalities named in Resolution 14, 2003. ADJOURNMENT: I: CITY OF PALM BEACH GARDENS REGULAR MEETING, 1/16/03 There being no further business to discuss, the meeting was adjourned at approximately 10:40 p.m. APPROVAL: ATTEST: PATRICIA SNIDER CITY CLERK MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO CITY OF PALM BEACH GARDENS CITY COUNCIL WORKSHOP MEETING January 16, 2003 The January 16, 2003 Workshop Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 6:12 P.M. in the Council Chambers of the Municipal Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida. ROLL CALL: The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Jablin, Vice Mayor Sabatello,Councilmember Russo, Councilmember Clark, and Councilmember Delgado. ANNOUNCEMENTS / PRESENTATIONS: Blue Ribbon Panel: Report on Canal Restoration and Maintenance – Mayor Jablin thanked the Committee for their hard work. Chair Linda Monroe explained that the Committee had worked to find a fair and equitable way to pay for restoration of the canal system and for ongoing maintenance of the system. Chair Monroe recognized each member of the committee by name. Terry Lewis presented the proposed recommendation. Two separate items were addressed: (1) Funding initatives for the central City restoration; and (2) ongoing maintenance for the central City system. For restoration, the Committee recommended a special assessment district to levy non -ad valorem assessments throughout the entire City, not to a xceed $15 p er b enefit u nit. A 11 p roperty w ithin t he C ity w ould b enefit. T his assessment would be for a period of ten years or less. (2) A second assessment district was proposed for maintenance that would continue in perpuity, which would tax each benefit unit approximately $63 annually. The money would be dedicated for the stated purpose and could not be used for anything else. Options were to create the assessment units by ordinance or give the residents the chance to vote on their creation in a referendum, or to leave the status quo and pay from general revenue. Councilmember Russo indicated that the math did not work, to which the response was that the restoration cost might be only $5 per unit —that the numbers had not been completely worked out. Councilmember Russo indicated if he was satisfied after the public hearing process that the majority of residents favored this plan then he would vote for it, otherwise he would want it to go to referendum. Mayor Jablin commented people were not always willing to tax themselves and this was a fair and equitable plan, and he believed there would be overwhelming support from the public. Mr. Lewis advised that each property owner must be notified by mail of the proposed assessment and public hearings. Councilmember Clark commented that residents wanted this problem fixed and agreed this solution was a good one. Vice Mayor Sabatello asked if this had been reviewed by the City Attorney. City Attorney Rubin indicated he was comfortable with the concept but had not looked at the details. Vice Mayor Sabatello asked if a million dollars worth of work could be done in a year. Mr. Lewis responded the whole ten million could be bonded so that the work could be done in 18 months; however, that would disrupt the system and only $1 million worth of work could actually be done. Councilmember Delgado indicated the time frame was very important and this work should not be delayed, and reported the budget committee for the House of Representatives was considering drainage dollars for the City. Mayor Jablin commented that alternate methods of funding such as state funds would only reduce the assessment amounts. Mayor Jablin asked CITY OF PALM BEACH GARDENS WORKSHOP MEETING, 1/16/03 2 that at the regular meeting of the City Council following this meeting, the City Council form a consensus that this was the way to proceed and direct staff to implement this plan. Councilmember Russo asked if the dollars could be borrowed at a low interest rate in order to do the work more quickly. Mr. Lewis responded that would be required to go to referendum, but by doing it by ordinance, then the whole amount could be bonded. Each Councilmember during their comments thanked the committee for their work. Thanks were expressed to staff and by the committee to Chair Monroe. ADJOURNMENT: There being no further business to discuss, the meeting was adjourned at approximately 7:15 p.m. APPROVAL: ATTEST: PATRICIA SNIDER CITY CLERK MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: January 27, 2003 Meeting Date: February 6, 2002 Resolution: 11, 2003 Subject/Agenda Item: Consideration of Resolution 11, 2003, approving a Golf Cart Lease Agreement with CitiCapital Commercial Corporation by piggybacking City of St. Lucie Contract No. 20020008. [X ] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept: Costs: $235,702.79 Council Action: (Total) City Attorne Golf Course Division [ ] Approved Dan Re' Manager Current FY $40,604.00 [ ]Approved with Funding Source: conditions Finance Admini ator A11-0 [ X] Operating [ ] Denied [ ] Other [ ] Continued to: Advertised: Submitted by: Date: Attachments: JACK DOUGHNEY, COMMUNITY SERVICES Paper: ADMINIST TOR Budget Acct. # Resolution 11, 2003 [ X] Not Required Lease Proposal 009 - 2500 - 572.4420 Terms of Balloon Note Lease Agreement Approved by: -Affected parties: [ ]Notified City Mana er [ X] Not Required Date Prepared: January 27, 2003 Meeting Date: February 6, 2002 Resolution: 11, 2003 BACKGROUND: The Golf Course Budget contains a line item for capital expense for the lease of golf carts. The current lease expires in April, 2003. Proposals were requested and results are exhibited in the overview. The Fleet Committee concurs with the recommended course of action. This item was anticipated in the budget process. STAFF RECOMMENDATION: Approval of Resolution 11, 2003. CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 11, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE LEASE - PURCHASE OF 80 GOLF CARTS WITH CITICAPITAL COMMERCIAL CORPORATION BY PIGGYBACKING CITY OF PORT ST. LUCIE CONTRACT NO. 20020008; AUTHORIZING THE MAYOR, CITY CLERK AND CITY STAFF TO EXECUTE ALL DOCUMENTS NECESSARY TO EFFECTUATE SUCH LEASE - PURCHASE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City operates a municipal golf course that utilizes golf carts; and WHEREAS, City staff has recommended entering into a lease agreement with Citicapital Commercial Corporation ( "Citicapital ") to lease 80 golf carts, with the option to purchase, by piggybacking City of Port St. Lucie Contract No. 20020008; and WHEREAS, the total amount financed shall be $235,702.79 over forty -eight (48) months, with a purchase option of $800.00 per cart ($64,000.00) at the conclusion of the lease term; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interests of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council hereby approves the Equipment Lease - Purchase Agreement with Citicapital and authorizes the Mayor, City Clerk and appropriate members of City Staff to execute all documents necessary to effectuate said Lease - Purchase, copies of which are attached hereto as Exhibit "A" and incorporated herein. 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. -1- SECTION 5: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this day of 52003. ATTEST: PATRICIA SNIDER, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUBIN CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO MAYOR JABLIN AYE NAY ABSENT Date Prepared: January 27, 2003 Meeting Date: February 6, 2003 Resolution No. 11, 2003 EXHIBIT A EQUIPMENT LEASE - PURCHASE AGREEMENT Lessee: (Name and Address) Lessor: (Name and Address) City of Pahn Beach Gardens CitiCapital Commercial Corporation 10500 N. Military Trail 8001 Ridgepoint Drive Palm Beach Garden, FL. 33410 Irving, TX 75063 Lessor agrees to lease to Lessee and Lessee agrees to lease from Lessor the Equipment described in Schedule A, now or hereafter attached hereto, and all replacements, repairs, restorations, modifications and improvements thereof or hereof ( "Equipment ") in accordance with the following terms and conditions of this Equipment Lease - Purchase Agreement ( "Lease "). 1. TERM. This Lease will become effective upon the execution hereof by Lessor. The teen of this Lease will commence on the Commencement Date set forth in Schedule B attached hereto and, unless earlier terminated as expressly provided for in this Lease, will terminate on the Termination Date set forth in Schedule B attached hereto (the "Lease Term "). 2. RENT. Lessee agrees to pay to Lessor or its assignee the Lease Payments, including the interest portion, in lawful money of the United States of America, equal to the amounts specified in Schedule B. The Lease Payments will be payable without notice or demand at the office of Lessor (or such other place as Lessor or its assignee may from time to time designate in writing), and will commence on the first Lease Payment Date as set forth in Schedule B and thereafter on the subsequent dates set forth in Schedule B. Any payments received later than ten (10) days from the due date will bear interest at the highest lawful rate from the due date. As set forth on Schedule B, a portion of each Lease Payment is paid as, and represents payment of, interest. Except as specifically provided in Section 6 hereof, the obligation of Lessee to make the Lease Payments hereunder and perform all of its other obligations hereunder will be absolute and unconditional in all events and will not be subject to any setoff, defense, counterclaim, abatement, deduction or recoupment for any reason whatsoever including, without limitation, any failure of the Equipment to be delivered or installed, any defects, malfunctions, breakdowns or infirmities in the Equipment or any accident, condemnation or unforeseen circumstances. Lessee reasonably believes that funds can be obtained sufficient to make all Lease Payments during the Lease Term and hereby covenants that it will do all things lawfully within its powers to obtain, maintain and properly request and pursue funds Prom which the Lease Payments may be made, including making provisions for such payments to the extent necessary in each budget submitted for the purpose of obtaining funding, using its bona fide best efforts to have such portion of the budget approved and exhausting all available administrative: reviews and appeals in the event such portion of the budget is not approved. It is Lessee's intent to make Lease Payments for the full Lease Term if funds are legally available therefor and in that regard Lessee represents that the use of the Equipment is essential to its proper, efficient and economic operation. Lessor and Lessee understand and intend that the obligation of Lessee to pay Lease Payments hereunder shall constitute a current expense of Lessee and shall not in any way be construed to be a debt of Lessee in contravention of any applicable constitutional or statutory limitation or requirement concerning the creation of indebtedness of Lessee, nor shall anything contained herein constitute a pledge of the general tax revenues, funds or monies of Lessee. It is the intention of the parties hereto to comply with any applicable usury laws; accordingly, it is agreed that, notwithstanding any provisions to the contrary in this Agreement, in no event shall this Agreement require the payment or permit the collection of interest or any amount in the nature of interest or fees in excess of the maxinuurn permitted by applicable law. 3. DELIVERY AND ACCEPTANCE. Lessee shall order the Equipment, cause the Equipment to be delivered and installed at the location specified on Schedule A ( "Equipment Location ") and pay any and all delivery and installation costs in connection therewith. Lessee will accept the Equipment as soon as it has been delivered and inspected. Lessee will evidence its acceptance of the Equipment by executing and delivering; to Lessor a Delivery and Acceptance Certificate (in the form provided by Lessor) upon delivery of the Equipment. FLLease Rev. July 1, 2001 01/02/03 3:26 PM Page I of 7 � mer?�i�i?r c` eAtagroupJ`� CITICAPITAL is a service mark oPCiticorp. ; 4. DISCLAIMER OF WARRANTIES. Lessee acknowledges and agrees that the Equipment is of a size, design and capacity selected by Lessee, that Lessor is neither a manufacturer nor a vendor of such equipment, that LESSOR LEASES AND LESSEE TAKES THE EQUIPMENT AND EACH PART THEREOF "AS -IS" AND THAT LESSOR MAKES NO REPRESENTATION, WARRANTY, OR COVENANT, EXPRESS OR IMPLIED, WITH RESPECT TO THE CONDITION, QUALITY, DURABILITY, VALUE, DESIGN, OPERATION, SUITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OF THE EQUIPMENT IN ANY RESPECT WHATSOEVER OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, OR AS TO THE ABSENCE OF ANY INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, OR AS TO ANY OBLIGATION BASED ON STRICT LIABILITY IN TORT OR ANY OTHER REPRESENTATION, WARRANTY, OR COVENANT OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, WITH RESPECT THERETO. RISKS INCIDENT THERETO ARE TO BE BORNE BY LESSEE AND, IN NO EVENT SHALL LESSOR BE OBLIGATED OR LIABLE FOR ACTUAL, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES OF OR TO LESSEE OR ANY OTHER PERSON OR ENTITY ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE EQUIPMENT, THE MAINTENANCE THEREOF OR OF ANY SERVICES PROVIDED HEREIN. Lessee may have rights under the contract evidencing the purchase of the Equipment. Lessee is advised to contact the manufacturer of the Equipment for a description of any such rights. Lessor hereby assigns to Lessee during the Lease Term, so long as no Event of Default has occurred hereunder and is continuing, all warranties, if any, expressed or implied with respect to the Equipment, running from the manufacturer to Lessor and Lessor authorizes Lessee to obtain the customary services furnished in connection with such warranties at Lessee's expense. Lessee's sole remedy for the breach of any such manufacturer's warranty shall be against the manufacturer of the Equipment, and not against Lessor or its assigns. Lessee expressly acknowledges that Lessor makes, and has made, no representations or warranties whatsoever as to the existence or the availability of such warranties of the manufacturer of the Equipment. 5. RETURN OF EQUIPMENT. Unless Lessee shall have paid all Lease Payments and other amounts due hereunder or exercised its option to purchase as provided in Section 20 hereof, upon the expiration or earlier termination of this Lease pursuant to the terns hereof, Lessee shall, at its sole expense but at Lessor's option, convey the Equipment by bill of sale (and with respect to vehicles, also by endorsement of title certificate) to Lessor in the condition required by Section 9 hereof at any location in the continental United States designated by Lessor. 6. NON - APPROPRIATION OF FUNDS. Notwithstanding anything contained in this Lease to the contrary, in the events no funds or insufficient funds are appropriated and budgeted in any fiscal period of Lessee for Lease Payments due under this Lease, Lessee will immediately notify Lessor or its assignee in writing of such occurrence and this Lease shall terminate on the last day of the fiscal period of Lessee for which appropriations have been received or made without penalty or expense to Lessee, except as to Lessee's other obligations and liabilities under this lease relating to, or accruing or arising prior to, such termination. In the event of such termination, Lessee shall remain obligated to either return the Equipment to Lessor in accordance with Section 5 or, if Lessee refuses or fails to so voluntarily return the Equipment, to pay, on demand to Lessor, from legally available funds, the unpaid balance of the lease - purchase price thereof which is stipulated to be the applicable concluding payment set forth herein Schedule B. 7. REPRESENTATIONS, COVENANTS AND WARRANTIES. Lessee hereby represents, covenants and warrants to Lessor as of the date hereof and at all times during the Lease Term that (i) Lessee is a state or a fully constituted political subdivision thereof within the meaning of Section 103(a) of the Internal Revenue Code of 1986, as amended (the "Code "), or its obligations hereunder constitute obligations issued on behalf of a state or a political subdivision thereof, and Lessee shall do or cause to be done all things necessary to preserve and keep in full force and effect its existence and this Lease; (ii) Lessee has full power and authority under the constitution and laws of the state in which it is located to enter into this Lease and the transactions contemplated hereby, and to perform all of its obligations hereunder; (iii) each officer of Lessee executing this Lease has been duly authorized to execute and deliver this Lease by proper action and approval of its governing body at a meeting duly called, regularly convened and attended by a requisite majority of the members thereof, or by other appropriate official approval; (iv) the execution, delivery and performance of this Lease and all documents executed in connection herewith, including, without limitation, Schedules A and B hereto and the Delivery and Acceptance Certificate referred to in Section 3 hereof (this Lease together with all such documents shall be collectively referred to herein as the "Lease Documents ") have been duly authorized by all persons, governmental bodies and agencies necessary to authorize and approve this Lease; (v) the Lease Documents constitute legal, valid and binding obligations of Lessee, enforceable against Lessee in accordance with their respective terms; (vi) the execution, delivery and performance of this Lease by Lessee shall not (a) violate any federal, state or local law or ordinance, or any judgment, order, writ, injunction, decree, rule or regulation of any court or other governmental agency or body applicable to Lessee; or (b) conflict with or result in the breach or violation of any term FLLease Rev. July 1, 2001 01 /02/03 3:26 PM Page 2 oC 7 or provision of, or constitute a default under, or result in the creation of any lien, charge, security interest or other encumbrance on any assets of the Lessee or the Equipment pursuant to any note, bond, mortgage, indenture, agreement, deed of trust, bank loan or credit agreement, lease or other obligation to which Lessee is a party or by which it or its assets may be bound, except as herein provided; (vii) in authorizing and executing this Lease, Lessee has complied with all open meeting laws, public bidding requirements and other laws applicable to this Lease and the acquisition by Lessee of the Equipment; (viii) Lessee has, in accordance with the requirements of law, fully budgeted and appropriated sufficient funds for the current fiscal year of the Lessee to make the Lease Payments scheduled to come due during such fiscal year, and such funds have not been expended for other purposes; (ix) the Equipment is essential to the function of the Lessee or to the service Lessee provides to its citizens and the Lessee has an immediate need for, and expects to nrtake immediate use of, substantially all of the Equipment, which need is not temporary or expected to diminish in the foreseeable future; (x) no lease, rental agreement or contract for purchase to which Lessee has been a party at any time during the last five years, has been terminated by Lessee as a result of insufficient funds being appropriated in any fiscal year; (xi) the Equipment will be used by Lessee only for the purpose of performing one or more of Lessee's governmental or proprietary functions consistent with the permissible scope of Lessee's authority; (xii) there is no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, public board or body, pending or threatened against or affecting the Lessee, nor to the best knowledge of the Lessee is there any basis therefor, wherein an unfavorable decision, ruling or finding would materially adversely affect the transactions contemplated by this Lease or any other document, agreement or certificate which is used or contemplated for use in the consummation of the transactions contemplated by this Lease; and (xiii) no event or condition that constitutes, or with the giving of notice or the lapse of time or both would constitute, an Event of Default, exists at the Commencement Date. Lessee shall deliver to Lessor an opinion of Lessee's counsel in form and substance attached hereto or as otherwise acceptable to Lessor. 8. TITLE TO EQUIPMENT. Upon acceptance of the Equipment by Lessee hereunder, title to the Equipment will vest in Lessee and Lessor shall have no security interest therein. 9. USE; REPAIRS. Lessee will use the Equipment in a careful manner for the use contemplated by the manufacturer of the Equipment. Lessee shall comply with all laws, ordinances, insurance policies and regulations relating to the possession, use, operation or maintenance of the Equipment. Lessee, at its expense, will keep the Equipment in good working order and repair and furnish all parts, mechanisms and devices required therefor. 10. ALTERATIONS. Lessee will not make any alterations, additions or improvements to the Equipment without Lessor's prior written consent unless such alterations, additions or improvements may be readily removed without damage to the Equipment. 11. LOCATION; INSPECTION. The Equipment will not be removed from or, if the Equipment consists of rolling stock, its permanent base will not be changed from the Equipment Location without Lessor's prior written consent, which will not be unreasonably withheld. Lessor will be entitled to enter upon the Equipment Location or elsewhere during reasonable business hours to inspect the Equipment or observe its use and operation. 12. LIENS AND TAXES. Lessee shall keep the Equipment free and clear of all levies, liens and encumbrances, other than the respective rights of Lessor and Lessee as herein provided. Lessee shall pay, when due, all charges and taxes (local, state and federal) which may now or hereafter be imposed upon the ownership, leasing, rental, sale, purchase, possession or use of the Equipment, excluding however, all taxes on or measured by Lessor's income. If Lessee fails to pay said charges, or taxes when due, or to provide the insurance required by Section 15 hereof, Lessor may, but need not, pay said charges or taxes or purchase such insurance and, in such event, Lessee shall reimburse Lessor therefor on demand, with interest at the maximum rate permitted by law from the date of such payment by Lessor to the date of reimbursement by Lessee. 13. RISK OF LOSS; DAMAGE; DESTRUCTION. Lessee assumes all risk of loss of or damage to the Equipment from any cause whatsoever, and no such loss of or damage to the Equipment nor defect therein nor unfitness or obsolescence thereof' shall relieve Lessee of the obligation to make Lease Payments or to perform any other obligation under this Lease. In the event of damage to any item of Equipment, Lessee will immediately place the same in good repair with the proceeds of any insurance recovery applied to the cost of such repair. If Lessor detenmines that any item of Equipment is lost, stolen, destroyed or damaged beyond repair, Lessee, at the option of Lessor, will either (a) replace the same with like equipment in good repair, or (b) on the next Lease Payment Date, pay Lessor: (i) all amounts then owed by Lessee to Lessor under this Lease, including the Lease Payment due FLLease Rev. July 1, 2001 01/02/03 3:26 PM Page 3 oP� ME such FLLease Rev. July 1, 2001 01 /02/03 3:26 PM Page 4 of 7 date, and (ii) an amount equal to the applicable Concluding Payment set forth in Schedule B opposite such Lease Payment Date. In the event that Lessee is obligated to make such payment pursuant to subparagraph (b) above with respect to less than all of the Equipment, Lessor will provide Lessee with the pro rata amount of the Lease Payment and the Concluding Payment to be made by Lessee with respect to the Equipment which has suffered the event of loss. 14. PERSONAL PROPERTY. The Equipment is and will remain personal property and will not be deemed to be affixed or attached to real estate or any building thereon. If requested by Lessor, Lessee will, at Lessee's expense, furnish a waiver of any interest in the Equipment from any party having an interest in any such real estate or building. 15. INSURANCE. At its own expense, Lessee shall maintain (a) casualty insurance insuring the Equipment against loss or damage by fire and any other risks reasonably required by Lessor in an amount at least equal to the then applicable Concluding Payment of the Equipment, (b) liability insurance that protects Lessor from liability in all events in form and amount satisfactory to Lessor, and (c) workers' compensation coverage as required by the laws of the state; provided that, with Lessor's prior written consent, Lessee may sell= insure against the risks described in clauses (a) and (b). All insurance proceeds from casualty losses shall be payable as hereinafter provided. Upon acceptance of the Equipment and upon each insurance renewal date, Lessee will deliver to Lessor a certificate evidencing such insurance. In the event of any loss, damage, injury or accident involving the Equipment, Lessee will promptly provide Lessor with written notice thereof and make available to Lessor all information and documentation relating thereto and shall permit Lessor to participate and cooperate with Lessee in making any claim for insurance in respect thereof. All such casualty and liability insurance shall be with insurers that are acceptable to Lessor, shall name Lessee as named insured and Lessor or its assigns as an additional named insured and shall contain a provision to the effect that such insurance shall not be cancelled or modified materially without first giving written notice thereof to Lessor at least thirty days in advance of such cancellation or modification. The Lessee may provide required insurance as part of "blanket" coverage maintained on its other assets. Required insurance coverage may also be provided in whole or in part by self - insurance, with written consent of the Lessor, which shall not be unreasonably withheld. If such consent is given, Lessee will furnish Lessor with a letter or certificate of sell= insurance specifying the type and extent coverage. The proceeds of any such policies will be payable to Lessee and Lessor or its assigns as their interests may appear. In the event that Lessee has been permitted to self - insure, Lessee will furnish Lessor with a letter or certificate to such effect. 16. RELEASE AND INDEMNIFICATION. To the extent permitted by law, Lessee shall indemnify, protect and hold harmless Lessor from and against any and all liability, obligations, losses, claimms and danmages whatsoever, regardless of cause thereof, and expenses in connection therewith (including, without limitation, counsel fees and expenses and any federal income tax and interest and penalties connected therewith imposed on interest received) arising out of or as the result of (a) the entering into this Lease, (b) the ownership of any item of the Equipment, (c) the ordering, acquisition, use, operation, condition, purchase, delivery, rejection, storage or return of any item of the Equipment, (d) any accident in connection with the operation, use, condition, possession, storage or return of any item of the Equipment resulting in damage to property or injury or death to any person or (e) the breach of any covenant herein or any material misrepresentation contained herein. The indemnification arising under this paragraph shall continue in full force and effect notwithstanding the full payment of all obligations under this Lease or the termination of the Lease Term for any reason. 17. ASSIGNMENT. Without Lessor's prior written consent, Lessee will not either (i) assign, transfer, pledge, hypothecate, grant any security interest in or otherwise dispose of this Lease or the Equipment or any interest in this Lease or the Equipment or (ii) sublet or lend the Equipment or permit it to be used by anyone other than Lessee or Lessee's employees. Lessor may assign its rights, title and interest in and to the Lease Documents, the Equipment and /or grant or assign a security interest in this Lease and the Equipment, in whole or in part, and Lessee's rights will be subordinated thereto. Any such assignees shall have all of the rights oP Lessor under this Lease. Subject to the foregoing, this Lease inures to the benefit of and is binding upon the successors and assigns of the parties hereto. Lessee covenants and agrees not to assert against the assignee any claims or defenses by way of abatement, setoff, counterclaim, recouptment or the like which Lessee may have against Lessor. Upon assignment of Lessor's interests herein, Lessor will cause written notice of such assignment to be sent to Lessee which will be sufficient if it discloses the name of the assignee and address to which further payments hereunder should be made. No farther action will be required by Lessor or by Lessee to evidence the assignment, but Lessee will acknowledge such assignments in writing if so requested. Lessee shall retain all notices of assignment and maintain a book -entry record which identifies each owner of Lessor's interest in the Lease. Upon Lessee's FLLease Rev. July 1, 2001 Pa 01/02/03 3:26 PM ge of 7 receipt of written notice of Lessor's assignment of all or any part of its interest in the Lease, Lessee agrees to attorn to and recognize any such assignee as the owner of Lessor's interest in this Lease, and Lessee shall thereafter make such payments, including without limitation such Lease Payments, as are indicated in the notice of assignment, to such assignee. Lessee waives and will not assert against any assignee of Lessor any claims, counterclaims, claims in recoupment, abatement, reduction, defenses, or set -offs for breach of warranty or for any other reason which Lessee could assert against Lessor, except defenses which cannot be waived under the Uniform Commercial Code. 18. EVENT OF DEFAULT. The term "Event of Default," as used herein, means the occurrence of any one or more of the following events: (i) Lessee fails to make any Lease Payment (or any other payment) as it becomes due in accordance with the terms of this Lease, and any such failure continues for ten (10) days after the due date thereof; (ii) Lessee fails to perform or observe any other covenant, condition, or agreement to be performed or observed by it hereunder and such failure is not cured within twenty (20) days after written notice thereof by Lessor; (iii) the discovery by Lessor that any statement, representation, or warranty made by Lessee in this Lease or in any writing ever delivered by Lessee pursuant hereto or in connection herewith was false, misleading, or erroneous in any material respect; (iv) Lessee becomes insolvent, or is unable to pay its debts as they become due, or makes an assignment for the benefit of creditors, applies or consents to the appointment of a receiver, trustee, conservator or liquidator of Lessee or of any of its assets, or a petition for relief is filed by Lessee under any bankruptcy, insolvency, reorganization or similar laws, or a petition in, or a proceeding under, any bankruptcy, insolvency, reorganization or similar laws is filed or instituted against Lessee and is not dismissed or fully stayed within twenty (20) days after the filing or institution thereof, (v) Lessee fails to make any payment when due or fails to perform or observe any covenant, condition, or agreement to be performed by it under any other agreement or obligation with Lessor or an affiliate of Lessor and any applicable grace period or notice with respect thereto shall have elapsed or been given; or (vi) an attachment, levy or execution is threatened or levied upon or against the Equipment. 19. REMEDIES. Upon the occurrence of any Event of Default, and as long as such Event of Default is continuing, Lessor may, at its option, by written notice to Lessee, declare an amount equal to all amounts then due under the Lease, and all remaining Lease Payments due during the fiscal period of Lessee in which the default occurs to be immediately due and payable, whereupon the same shall become immediately due and payable. Further, if an Event of Default shall have occurred, upon written request by Lessor, Lessee shall within thirty (30) days cause the Equipment (together with all documents necessary to transfer legal and beneficial title thereto to Lessor) to be delivered to Lessor in the condition required by Section 9 hereof at any location in the continental United States designated by Lessor. If Lessee fails or refuses to voluntarily transfer the Equipment to Lessor as herein provided, Lessor shall have the right to obtain a judgment against Lessee for compensatory damages in the amount of the then applicable Concluding Payment amount set forth in Exhibit B, plus interest thereon in accordance with Section 12 to the date of payment. If the Equipment has been destroyed or damaged beyond repair, Lessee shall pay the applicable Concluding Payment amount set forth in Exhibit B to Lessor. Following an Event of Default, or upon failure of Lessee to voluntarily comply with Section 5 hereof following a tennination of the Lease pursuant to Section 6, Lessor shall have whatever rights and remedies are available at law against Lessee's legally available funds for compensatory damages and Lessor's damages shall include, without limitation, all legal fees and other costs and expenses, including court costs, incurred by Lessor with respect to the enforcement hereof and the collection of any judgment; provided, however, that Lessor and Lessee agree that there is no intention to create under this Lease a right in Lessor to dispossess Lessee involuntarily of the legal title to or the use of the Equipment. Lessor hereby irrevocably waives any right to specific performance of Lessee's covenant to transfer legal title to and return possession of the Equipment to Lessor. If Lessor terminates this Lease and receives possession of the Equipment, Lessor shall within sixty (60) days thereafter use its best efforts to sell the Equipment in a commercially reasonable manner at public or private sale and apply the proceeds of such sale to pay the following items in the following order: (a) all costs and expenses of receiving possession of the Equipment and completing the sale thereof, (b) the applicable Concluding Payment amount, and (c) the balance of any Lease Payments owed by Lessee during the fiscal period of Lessee then in effect. Any sale proceeds remaining after the requirements of clauses (a), (b) and (c) have been met shall be for the account of Lessee and shall be remitted to Lessee. If the proceeds of sale of the Equipment are not sufficient to pay the balance of any Lease Payments owed by Lessee during the fiscal period of Lessee then in effect, Lessor may pursue such other remedies as are available at law or in equity to collect the balance of such Lease Payments From Lessee's legally available fiords. Lessor may sell the Equipment without giving any warranties as to the Equipment and may disclaim any warranties of title, possession, quiet enjoyment, or the like. This procedure will not be considered to adversely affect the commercial reasonableness of any sale of the Equipment. 1= LLease Rev. July 1, 2001 Page 6 0 01 /02/03 3:26 PM l' 20. PREPAYMENT OPTION. Upon thirty (30) days prior written notice from Lessee, and provided that there is no Event of' Default, or an event which with notice or lapse of time, or both, could become an Event of Default, then existing, Lessee will have the right to purchase the Equipment prior to the Tennination Date on any Lease Payment Date set forth in Schedule B by paying to Lessor, on such date, the Concluding Payment as set forth in Schedule B. Upon satisfaction by Lessee of such purchase conditions, Lessor will transfer any and all of its right, title and interest in the Equipment to Lessee AS IS, WITHOUT WARRANTY, EXPRESS OR IMPLIED. 21. TAX ASSUMPTION; COVENANTS. Lessee hereby covenants with respect to this Lease that (i) neither the payment of the Lease Payments hereunder nor any portion thereof is secured by any interest in property used or to be used in a trade or business of a non- exempt person (within the meaning of Section 103 of the Code) or in payments with respect to such property or is derived from payments with respect to property, or borrowed money, used or to be used in a trade or business of a non - exempt person (within the meaning of Section 103 of the Code), (ii) no portion of the Equipment will be used directly or indirectly in any trade or business carried on by any non- exempt person (within the meaning of Section 103 of the Code); (iii) it will not take any action or permit or suffer any action to be taken or condition to exist if the result of such action or condition would be to cause its obligation to make Lease Payments to be guaranteed, directly or indirectly, in whole or in part, by the United States or by any agency or instrumentality thereof, (iv) it will neither take any action (including, without limitation, entering into any lease, sublease, output contract, management contract, take -or -pay contract or other arrangement) nor omit to take any action if the result of such action or omission would be to cause the interest portion of each Lease Payment to become includable in the income of Lessor for purposes of federal, state or local income tax; (v) it will provide (or cause to be provided) to Lessor such other information as Lessor may reasonably request from Lessee to enable Lessor to fulfill tax filing, audit and litigation obligations, including, but not limited to, federal and state income tax tiling obligations; (vi) it will timely file a statement with respect to this Lease in the form required by Section 149(e) of the Internal Revenue Code of 1986, as amended (the "Code "); and (vii) neither take any action or omit to take any action if the result of such action or omission would be to cause this Lease to be an "arbitrage bond" within the meaning of Section 148 of the Code. If this Lease is accompanied by an Escrow Agreement, Lessee will execute and deliver to Lessor an Arbitrage Certificate (in the form provided by Lessor). If Lessor receives notice, in any form, from the Internal Revenue Service or it is determined based on an opinion of independent tax counsel selected by Lessor and approved by Lessee, which approval shall not be unreasonably withheld, that the interest portion of any Lease Payment is includable in the income of Lessor for purposes of federal, state or local income tax, Lessee, at its option, shall either (i) pay the Concluding Payment as provided in Section 20 hereof and terminate the Lease or (ii) within 30 days after notice from Lessor, pay Lessor an amount which will restore to Lessor its after -tax yield as contemplated by this transaction from the date that the interest portion became taxable through the date of such additional rental payment and will further pay additional rent to Lessor on each succeeding Lease Payment Date in such amount as will maintain Lessor's after -tax yield as contemplated by this transaction. 22. NOTICES. All notices to be given under this Lease shall be made in writing and mailed by certified mail, return receipt requested, to the other party at its address set forth herein or at such address as the party may provide in writing from time to time. Any such notice shall be deemed to have been received five days subsequent to mailing. 23. SECTION HEADINGS. All section headings contained herein are for the convenience of reference only and are not intended to define or limit the scope of any provision of this Lease. 24. GOVERNING LAW. This Lease shall be construed in accordance with, and governed by, the laws of the state of the Equipment Location. 25. DELIVERY OF RELATED DOCUMENTS. Lessee will execute or provide, as requested by Lessor, such other documents and information as are reasonably necessary with respect to the transaction contemplated by this Lease. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] FLLease Rev. July 1, 2001 01/02/03 3:26 PM Page of 26. ENTIRE AGREEMENT; WAIVER. The Lease Documents constitute the entire agreement between the parties with respect to the lease of the Equipment and shall not be contradicted by any oral representations made prior to, contemporaneously with or subsequent to the date hereof nor do any oral agreements presently exist between the parties which have not been reduced to writing. This Lease shall not be modified, amended, altered, or changed except with the written consent of Lessee and Lessor. Any provision of this Lease found to be prohibited by law shall be ineffective to the extent of such prohibition without invalidating the remainder of this Lease. The waiver by Lessor of any breach by Lessee of any term, covenant or condition hereof shall not operate as a waiver of any subsequent breach thereof. IN WITNESS WHEREOF, the parties have executed this Lease. Lease Date: LESSEE: City of Palm Beach Gardens, FL. X By:— Title: Date: F LLease Rev. July 1, 2001 01/02/03 3:26 PM LESSOR: CitiCapital Commercial Corporation M. Title: Date: Page 8 of 7 City of Palm Beach Gardens Golf Course Compound Period .......: Monthly Nominal Annual Rate ...: 3.900 0% Effective Annual Rate ..: 3.970 0% Periodic Rate .................. 0.3250 % Daily Rate ......................: 0.01068 0% CASH FLOW DATA Event Start Date 1 Loan 03/01/2003 2 Payment 03/01/2003 3 Payment 03/01/2007 01/17/2003 Page 1 Amount Number Period 235,702.79 1 4,064.00 48 Monthly 64,000.00 1 AMORTIZATION SCHEDULE - Normal Amortization End Date 02/01/2007 Date Payment Interest Principal Balance Loan 03/01 /2003 235,702.79 1 03/01/2003 4,064.00 0.00 4,064.00 231,638.79 2 04/01/2003 4,064.00 752.83 3,311.17 228,327.62 3 05/01/2003 4,064.00 742.06 3,321.94 225,005.68 4 06/01/2003 4,064.00 731.27 3,332.73 221,672.95 5 07/01/2003 4,064.00 720.44 3,343.56 218,329.39 6 08/01/2003 4,064.00 709.57 3,354.43 214,974.96 7 09/01/2003 4,064.00 698.67 3,365.33 211,609.63 8 10/01/2003 4,064.00 687.73 3,376.27 208,233.36 9 11/01/2003 4,064.00 676.76 3,387.24 204,846.12 10 12/01/2003 4,064.00 665.75 3,398.25 201,447.87 2003 Totals 40,640.00 6,385.08 34,254.92 11 01/01/2004 4,064.00 654.71 3,409.29 198,038.58 12 02/01/2004 4,064.00 643.63 3,420.37 194,618.21 13 03/01/2004 4,064.00 632.51 3,431.49 191,186.72 14 04/01/2004 4,064.00 621.36 3,442.64 187,744.08 15 05/01/2004 4,064.00 610.17 3,453.83 184,290.25 16 06/01/2004 4,064.00 598.94 3,465.06 180,825.19 17 07/01/2004 4,064.00 587.68 3,476.32 177,348.87 18 08/01/2004 4,064.00 576.38 3,487.62 173,861.25 19 09/01/2004 4,064.00 565.05 3,498.95 170,362.30 20 10/01/2004 4,064.00 553.68 3,510.32 166,851.98 21 11/01/2004 4,064.00 542.27 3,521.73 163,330.25 22 12/01/2004 4,064.00 530.82 3,533.18 159,797.07 2004 Totals 48,768.00 7,117.20 41,650.80 23 01/01/2005 4,064.00 519.34 3,544.66 156,252.41 24 02/01/2005 4,064.00 507.82 3,556.18 152,696.23 01/17/2003 Page 2 City of Palm Beach Gardens Golf Course Date Payment Interest Principal Balance 25 03/01/2005 4,064.00 496.26 3,567.74 149,128.49 26 04/01/2005 4,064.00 484.67 3,579.33 145,549.16 27 05/01/2005 4,064.00 473.03 3,590.97 141,958.19 28 06/01/2005 4,064.00 461.36 3,602.64 138,355.55 29 07/01 /2005 4,064.00 449.66 3,614.34 134,741.21 30 08/01/2005 4,064.00 437.91 3,626.09 131,115.12 31 09/01/2005 4,064.00 426.12 3,637.88 127,477.24 32 10/01/2005 4,064.00 414.30 3,649.70 123,827.54 33 11/01/2005 4,064.00 402.44 3,661.56 120,165.98 34 12/01/2005 4,064.00 390.54 3,673.46 116,492.52 2005 Totals 48,768.00 5,463.45 43,304.55 35 01/01/2006 4,064.00 378.60 3,685.40 112,807.12 36 02/01/2006 4,064.00 366.62 3,697.38 109,109.74 37 03/01/2006 4,064.00 354.61 3,709.39 105,400.35 38 04/01 /2006 4,064.00 342.55 3,721.45 101,678.90 39 05/01/2006 4,064.00 330.46 3,733.54 97,945.36 40 06/01/2006 4,064.00 318.32 3,745.68 94,199.68 41 07/01/2006 4,064.00 306.15 3,757.85 90,441.83 42 08/01/2006 4,064.00 293.94 3,770.06 86,671.77 43 09/01/2006 4,064.00 281.68 3,782.32 82,889.45 44 10/01/2006 4,064.00 269.39 3,794.61 79,094.84 45 11/01/2006 4,064.00 257.06 3,806.94 75,287.90 46 12/01/2006 4,064.00 244.69 3,819.31 71,468.59 2006 Totals 48,768.00 3,744.07 45,023.93 47 01/01/2007 4,064.00 232.27 3,831.73 67,636.86 48 02/01 /2007 4,064.00 219.82 3,844.18 63,792.68 49 03/01/2007 64,000.00 207.32 63,792.68 0.00 2007 Totals 72,128.00 659.41 71,468.59 Grand Totals 259,072.00 23,369.21 235,702.79 CITICAPITAL COMMERCIAL CORPORATION VENDOR EQUIPMENT DIVISION January 2, 2003 Office Administrator City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Garden, FL 33410 SUBJECT: Equipment Lease /purchase financing City of Palm Beach Gardens, FL Dear Office Administrator: The Lease documentation for the equipment being acquired is enclosed. Please review for accuracy, execute where indicated by each Red "X ", and then return along with payment (if required) to the address following the documentation list: • Lease /Purchase Agreement — Please execute. • Opinion of Counsel — Please have your attorney execute. • Schedule A, Equipment Description - Please execute. • Schedule B, Payment Schedule — Please review. • Schedule C, Delivery and Acceptance Certificate - The document should be returned only upon final delivery and acceptance of the equipment. CitiCapital will pay the vendor /supplier upon receipt. Please execute and indicate the date equipment was accepted. • Incumbency Certificate — Please have completed by the Governing Body members authorized to enter into the Lease on behalf of your organization. Then have "Keeper of the Record ", Such as the Secretary, execute. • 8038GC— Please complete /verify item #2, your Federal ID number, review for accuracy and execute. • Insurance Information — Please obtain a Certificate of Coverage nan2ing CitiCapital Commercial Corporation as Loss Payee and Additional Insured from your local insurance agent and return with the executed documents • Fact Sheet — Please complete and return with documents for proper account/payment processing. Please include financial records and combined balance sheets for the past two years. Essential Use Letter — Please copy this letter onto your letterhead and properly execute Tax Exemption/Resale Certificate — Please execute or enclose if not provided. 8001 Ridgepoint Drive, Irving, TX 75063 -3117 Please return all of the documents with original signatures to: CitiCapital Commercial Corporation VED- Municipal Finance Dept 8001 Ridgepoint Drive Irving, TX 75063 Also, please remit to my attention at the address given above, a check for $4,981.43 made payable to CitiCapital Commercial Corporation. This represents the first payment, an invoice is enclosed for your convenience. Thank you for doing business with CitiCapttal Commercial Corporation. Sincerely, CitiCapital Commercial Corporation Vendor Equipment Division Enclosures 8001 Ridgepoint Drive, Irving, TX 75063 -3117 LESSEE: City of Palm Beach Gardens, FL OPINION OF COUNSEL With respect to that certain Equipment Lease- Purchase Agreement ( "Lease ") dated by and between Lessor and Lessee, 1 am of the opinion that: (I) Lessee is a tax- exempt entity under Section 103 of the Internal revenue Code of 1986, as amended; (11) the execution, delivery and performance by Lessee of the Lease have been duly authorized by all necessary action on the part of Lessee; (I1.1) the Lease constitutes a legal, valid and binding obligation of Lessee enforceable in accordance with terns and all statements contained in the Lease and all related instruments are true;(IV) there are no suits, proceedings or investigations pending or, to my knowledge, threatened against or affecting Lessee, at law or in equity , or before or by any governmental or administrative agency or instrumentality which, if adversely determined, would have a material adverse effect on the transaction contemplated in the Lease or the ability of Lessee to perform its obligations under the Lease and Lessee is not in default under any material obligation for the payment of borrowed money, for the deferred purchase price of property or for the payment of any rent under any lease agreement which either individually or in the aggregate would have the same such effect; and (V) all required public bidding procedures regarding the award of the Lease have been followed by Lessee and no governmental orders, permissions, consents, approvals or authorizations are required to be obtained and no registrations or declarations are required to be filed in connection with the execution and delivery of the Lease. Counsel for Lessee: X By: XDate: SCHEDULE A EQUIPMENT DESCRIPTION Lessor hereby leases to Lessee under and pursuant to the Lease and Lessee hereby leases from Lessor under and pursuant to the Lease the following items of Equipment: DESCRIPTION (MANUFACTURER, MODEL AND SERIAL NO. *) SUPPLIER * Lessor shall have the right to insert Scrial Nos. at time of Delivery & Acceptance. (80) Club Car DS Electric 48 Volt Golf Cars Club Car, Inc.. (2) Club Car DS Gasoline Golf Cars all complete with attachments and accessories 4125 Washington Avenue Martinez, GA 30907 LESSEE: City of Palm Beach. Gardens, FL Equipment Location: )�\ BY: XTITLE: DATE: 10500 N. Military Trail Palm Beach Garden, FL 3' )410 SCHEDULE C DELIVERY AND ACCEPTANCE CERTIFICATE Pursuant to that certain Equipment Lease - Purchase Agreement dated as of ( "Lease "), the undersigned Lessee hereby acknowledges receipt of the equipment, as more fully described in Schedule A to the Lease ( "Equipment ") is installed and in good working condition and Lessee hereby accepts the Equipment after full inspection thereof as satisfactory for all purposes under the Lease executed by Lessee and .Lessor as of the date set forth below: (80) Club Car DS Electric 48 Volt Golf Cars (2) Club Car DS Gasoline Golf Cars all complete with attachments and accessories (Please note Serial Number next to unit) LESSEE: City of Palm Beach Gardens, FL K By: TITLE: � DATE ACCEPTED: INCUMBENCY CERTIFICATE I do hereby certify that 1 am the duly elected or appointed and acting Secretary /Clerk of City of Palm Beach Gardens ( "Lessee "), a body corporate and politic duly organized and existing under the laws of the State of FL that 1 have custody of the records of Lessee, and that, as of the date hereof, the individuals named below are the duly elected or appointed officers of Lessee holding the offices set forth opposite their respective names. I further certify that (1) the signatures set forth opposite their respective names and titles are their true and authentic signatures, and (ii) such officers have the authority on behalf of Lessee to enter into that certain Equipment Lease Agreement dated or to be dated , between Lessee and CitiCapital Commercial Corporation. V NAME TITLE SIGNATURE X I, the undersigned, duly qualified and acting (Secretary, Board Chairman or other authorized Governing Body Member of Lessee) do hereby certify the above: LESSEE: City of Palm Beach Gardens, FL X WITNESSED BY: TITLE: (Authorized Governing Body Member or Lessee other than the individual(s) whose signature is listed above) VALUE PRICE: MUNICIPALITY: CONTACT: EQUIPMENT DESCRIPTION: INSURANCE FACT SHEET Please complete entire form PHONE: c_ Pursuant to Section 13 of the Equipment Lease - Purchase Agreement dated as of , Lessee is obligated to provide insurance coverage naming CitiCapital Commercial Corporation as Loss Payee and Additional Insured. Please complete this form and return it with your documentation package and contact your insurance agent to forward a Certificate of Insurance showing coverage. If you are self insured, please note as such below. PARENT INSURANCE COMPANY: ADDRESS: CITY: PHONE: UNDERWRITER /AGENT COMPANY: ADDRESS: CITY: CONTACT: POLICY NO: PUBLIC LIABILITY AMOUNT: PHYSICAL DAMAGE AMOUNTS: COMPREHENSIVE: STATE: ZIP: STATE: ZIP: PHONE: EXPIRATION DATE: DEDUCTIBLE: DEDUCTIBLE: PHYSICAL DAMAGE AMOUNTS: COLLISION: DEDUCTIBLE: OTHER COVERAGE: AMOUNTS: DEDUCTIBLE: OTHER COVERAGE: AMOUNTS: DEDUCTIBLE: INDICATE IF SELF - INSURED, OR IF POLICY IS CONTINUOUS: SELF - INSURED: YES NO LIABILITY: PHYSICAL DAMAGE: OTHER: ALL: CONTINUOUS UNTIL END OF LEASE /PURCHASE AGREEMENT: YES: NO: FACT SHEET Please complete entire form PLEASE RETURN THIS SHEET WITH THE FINANCIAL STATEMENTS LEGAL NAME OF ENTITY: DEPARTMENT USING EQUIPMENT: FEDERAL ID NUMBER: ORGANIZATION NUMBER: NAME OF COUNTY: STREET ADDRESS BILLING ADDRESS ACCOUNT PAYABLE: CONTACT Please give complete physical street address. Do not give address with P.O. Box as express delivery will not deliver to it. Please indicate any special billing instructions that are required to avoid late payments and subsequent late charges. TELEPHONE #: SIGNATURES: Please print or type names exactly as the person will be signing the Document. Signatures are not required here. AUTHORIZED OFFICIAL: Name: Title: ATTORNEY SIGNING OPINION OF COUNSEL: Name: MAJOR REVENUE SOURCE: BANK REFERENCE: TELEPHONE #: CONTACT NAME: TELEPHONE #: ESSENTIAL USE LETTER (Sample) (Please complete on your letterhead) CitiCapital Commercial Corporation 8001 Ridgepoint Drive Irving, TX 75063 -3117 Gentlemen: RE: Equipment Lease - Purchase Proposal I ann furnishing the following information to facilitate the credit review process for the proposed Equipment Lease - Purchase transaction. A detailed explanation of the use and application of the equipment is as follows: The equipment is essential to the organization for the following reasons: This equipment replaces previous equipment: No Yes If yes, the previous equipment was originally purchased in 19 Other equipment being used for the same purpose consists of: The useful life of the equipment in the operation of the department is: The future plans for the equipment are: The program /department has been in operation for years. The source of funds for the payments due under the Equipment Lease - Purchase Agreement for the current fiscal year is the fund(s). The fund(s) generates its revenue from: Sincerely, Lessee: City of Palm Beach Gardens By: X, Title: X Date: U Pt--A) CITICAPITAL COMMERCIAL CORPORATION VENDOR EQUIPMENT DIVISION Date: January 2, 2003 City of Palm Beach Gardens Attn: Accounts Payable Palm Beach Garden, FL 33410 INVOICE Remit to: (1St payment only) CitiCapital Commercial Corporation 8001 Ridgepoint Drive Irving, TX 75063 -3117 This invoice covers the first installment due UPON RECEIPT of $ 4,144.00 in connection with the financing of: (80) Club Car DS Electric 48 Volt Golf Cars (2) Club Car DS Gasoline Golf Cars all complete with attachments and accessories NOTE: All future payments should be directed to CitiCapital Commercial Corporation VED- Municipal Finance P. 0. Box 6229 Carol Stream, IL 60197 -6229 Florida Stamp Fee: 837.43 Date Due: UPON RECEIPT Amount Due: $ 4,981.43 8038_G Information Return for Tax - Exempt Governmental Obligations Form ► Under Internal Revenue Code section 149(e) ( 1 OMB No. 1545 -0720 (Rev. May 1999) ► See separate instructions. Department of the Treasury Caution: Use Form 8038 -GC if the issue price is under $100, 000) Internal Revenue service Reporting Authority If Amended Return, check here ► ❑ 1 Issuers name 2 Issuer's employer identification number City of Palm Beach Gardens 3 Number and street (or P.O. box if mail is not delivered to street address) Room /suite 4 Report number 10500 N. Military Trail G 2002 - 5 City, town, or post office, state, and ZIP code 6 Date of issue Palm Beach Garden, FL. 33410 7 Name of Issue 8 CUSIP number Equipment Lease- Purchase Agreement Dated N/A 9 Name and title of officer or legal representative whom the IRS may call for more information 10 Telephone number of officer or legal representative Type of Issue (check applicable box es and enter the issue rice ) See instructions and attach schedule 11 ❑ Education. . . . . . . . . . . . . . .. . . . . . . . . . . . 11 12 ❑ Health and hospital. . . . . . . . . . .. . . . . . . . 12 13 ❑ Transportation . . . . . . . . . . . . . . 13 14 ❑ Public safety . . . . . . . . . . . . . . . . . . . 14 15 ❑ Environment (including sewage bonds) . . . . . . . . . . . . . . . . 15 16 ❑ Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 17 ❑ Utilities . . . . . . . . . . . . . . . . . . . . . . . 17 18 ® Other. Describe Club Car Golf Cars 18 19 If obligations are TAN or RANs, check box ► ❑ If obligations are BANs, check box / ❑ 20 If obligations are in the form of a lease or installment sale, check box . . . . . . . . ► Description of Obligations. (Complete for the entire issue for which this form is being filed.) (a) Final Maturity date (b) Issue price (c) Stated redemption (d) Weighted (e) Yield price at maturity average maturity 21 N/A $ 239,264.47 $N /A 4 years 1 month 3.90% Under penalties of perjury, I declare that I have examined this ret of my knowledge and belief, they are true, correct, and complete. Please Sign Here For Paperwork 0 on Act Notice, see page 2 of the instructions. and accompanying schedules and statements, and to the oest Date Type or Form 8038 -G (Rev. 5 -99) Uses of Proceeds of Bond Issue (including underwriters' discount) 31 Enter the remaining weighted average maturity of the bonds to be currently refunded . . . . . / 22 Proceeds used for accrued interest . . . . . . . . . . . . . . . . . . . . 22 N/A 23 Issue price of entire issue (enter amount from line 21, column (b)) . . . . . . . . . . 23 N/A 24 Proceeds used for bond issuance costs (including underwriters' discount) . . . 24 N/A 35 Enter the amount of the state volume cap allocated to the issue under section 141(b)(5) 25 Proceeds used for credit enhancement . . . . . . . . . . . . .. 25 N/A Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract (see instructions) 6a� 26 Proceeds allocated to reasonably required reserve or replacement fund . . . 26 N/A Enter the final maturity date of the guaranteed investment contract / 27 Proceeds used to currently refund prior issues . . . . . . . . . . . 27 N/A Pooled financings: a Proceeds of this issue that are to be used to make loans to other governmental units 37a 28 Proceeds used to advance refund prior issues . . . . . . . . . . 28 N/A If this issue is a loan made from the proceeds of another tax - exempt issue, check box / ❑ and enter the name of the 29 Total (add lines 24 through 28) . . . . . . . . . . . . N/A 29 30 Nonrefundinq proceeds of the issue (subtract line 29 from line 23 and enter amount here) . . . 30 If the issuer has identified a hedge, check box . . . . . . . . . . . . . .. . . .. Under penalties of perjury, I declare that I have examined this ret of my knowledge and belief, they are true, correct, and complete. Please Sign Here For Paperwork 0 on Act Notice, see page 2 of the instructions. and accompanying schedules and statements, and to the oest Date Type or Form 8038 -G (Rev. 5 -99) Description of Refunded Bonds (Complete this part only for refunding bonds.) 31 Enter the remaining weighted average maturity of the bonds to be currently refunded . . . . . / N/A years 32 Enter the remaining weighted average maturity of the bonds to be advance refunded . . . . . / N/A years 33 Enter the last date on which the refunded bonds will be called . . . . . . . . . . . . / N/A 34 Enter the date(s) the refunded bonds were issued / N/A Miscellaneous 35 Enter the amount of the state volume cap allocated to the issue under section 141(b)(5) 35 36a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract (see instructions) 6a� b Enter the final maturity date of the guaranteed investment contract / 37 Pooled financings: a Proceeds of this issue that are to be used to make loans to other governmental units 37a b If this issue is a loan made from the proceeds of another tax - exempt issue, check box / ❑ and enter the name of the issuer ► and the date of the issue / 38 If the issuer has designated the issue under section 265(b)(3)(B)(i)(III) (small issuer exception), check box ► ❑ 39 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box . . . . . 0 ❑ 40 If the issuer has identified a hedge, check box . . . . . . . . . . . . . .. . . .. / ❑ Under penalties of perjury, I declare that I have examined this ret of my knowledge and belief, they are true, correct, and complete. Please Sign Here For Paperwork 0 on Act Notice, see page 2 of the instructions. and accompanying schedules and statements, and to the oest Date Type or Form 8038 -G (Rev. 5 -99) Purchaser: City of Palm Beach Gardens 10500 N. Military Trail Address: Palm Beach Gardens, FL. 33410 State of Sales Tax Registration: BLANKET CERTIFICATE OF RESALE This is to certify that all material, merchandise, or goods purchased by the undersigned from: afte r Citicapital Commercial Corporation 8001 Ridgepoint Drive Irving, TX 75063 is purchased for the following purpose: (Date) Resale as tangible personal property Rental as tangible personal property To be incorporated as a material part of other tangible personal property to be produced for sale by manufacturing, assembling, processing or refining. To be exported for sale, use or consumption outside the continental limits of the United States. Exemption under Federal, State, or Local Governmental Laws. Other: This certificate shall be considered a part of each order which we shall give unless otherwise stated. This certificate is to continue in force until revoked. CERTIFICATE NUMB BY: YAS ITS: INS I KUC I IUNS: (Please print or i ypel 1. PURCHASER - Fill in Company's Legal Name including "dba ". 2. ADDRESS - Complete mailing address 3. STATE OF REG. - The State with which your certificate number is filed. Please complete one form for each state of registration 4. DATE - Fill in approximate date of first purchase with Club Car, Inc. 5. Check the most appropriate intended purpose of the purchase 6. CERTIFICATE NUMBER - Indicate your certificate number issued by the state in which you are registered. 7. BY - Signature of person authorized by your Company. 8. AS ITS - Title of authorized person signing. NOTE: PLEASE RETURN THIS CERTIFICATE ALONG WITH YOUR CONTRACT DOCUMENTS TO: CITICAPITAL COMMERCIAL CORPORATION Golf & Turf Documentation 8001 Ridgepoint Dr. Irving, TX 75063 -3117 THIS PROPOSAL IS PREPARED FOR: City of Palm 8-- each Gardens 66/f Course Palm Beach Gardens, Florida December 12, 2002 PROPOSED EQUIPMENT FOR: City of Palm Beach Gardens Golf Course Eighty (80) New 2003 Model Club Car DSE PowerDrive System 48 Electric Golf Cars to be equipped as follows: ❑ Color - Beige ❑ Seat colors — Beige ❑ New Style Canopy Top System ❑ Information Holder • Sweater Baskets • Bagwell Protectors • Number Decals — 2 Per Car (1 -80) • Rear Club Protectors ❑ Rake Holder with Rake ❑ Custom Club Color Logo ❑ Dual Cup Holders — 12 to 20 oz. expandable ❑ Premium Tread Tires ❑ Scuff Guards ❑ Sand Buckets with Lids ❑ Fully Automatic Battery Charger ❑ Freight and Installation Delivery to be approximately January 2003 ALL CLUB CAR VEHICLES ARE MADE TO ORDER! REASONABLE ORDER COMMITMENT IS APPRECIATED. THIS WILL ENSURE A PROMPT DELIVERY. THANK YOU! Please visit our web site — www.clubcar.com! CLUB CAR is an operating company of Ingersoll -Rand. Headquartered in Woodcliff Lake, New Jersey 3375 All- American Blvd. Orlando, Florida 32810 Telephone 800 -821 -1227 Fax 407 - 522 -7005 Prepared for Palm Beach Gardens GC Date of Quote: 12 -16 -2002 WE ARE PLEASED TO SUBMIT THE FOLLOWING QUOTATION: Quantity Description Unit L ce Extended Price 80 2003 Club Car PowerDrive System 48 Volt Electric Golf Cars. 4 per car onth $3,984.00 per /month Canopy Tops Std. Std Color: Beige Seats: Bei e Std. Std. Number Decals — (2) per car Std. Std. Premium Tread Tires Std. Std. Information Holder $.50 $40.00 Scuff Guards & Bagwell Protectors Std. Std. Custom Club Logo's Std. Std. Hinged "Fold- down" Style Windshields $2.65 $212.00 Expandable Drink Cup Holders Std. Std. Club ProtectorsTM Standard Material Std. Std. Dash - mounted Battery Warning Lights Std. Std. Sand Buckets with Lids Std. Std. Freight & Installation Std. Std. Rake Kit $.50 $40.00 Terms Lease F.O.B. Club site Approximate Delivery Date January 2003 Shipped Via Club Car Truck Prices quoted are those in effect at the time of quotation and are guaranteed subject to acceptance within a reasonable time. Club Car, Inc. must approve all credit terms prior to delivery. )(Accepted by: Company J( Title: Y Date: Palm Beach Gardens GC Cl ar, Inc. To Dee By: Title: Territor Mana er Thank you for your interest in our products. FLEET CARS LEASE PROPOSAL Club Car's primary funding source, Ingersol Rand Financial Services (IRFS), proposes to lease to the City of Palm Beach Gardens Golf Course eighty (80) new Club Car DSE PowerDrive System 48 electric golf cars equipped as stated on the proposed equipment. This lease rate and proposal is subject to Ingersol Rand Financial Services (IRFS) Inc.'s normal credit approval. Delivery is projected for January 2003. Term 48 Months RATE PER CAR PER MONTH $50.80 Initial j( Club Car will install 80 new fleet cars in January and issue the club a check for remaining lease payments on current Yamaha golf cars. Amount to be approximately $11,160. (three (3) months). February — April. These lease rates are based on a $800.00 (per car) balloon note due at at end of lease term. See terms of balloon note in attached letter. (Documentary stamps, UCC -1 filing fees and a one -time document preparation fee [$250.00] will be the responsibility of the Club to be paid upon processing and receipt of invoice.) The above quoted rate is valid for acceptance within thirty (30) days. City of Palm Beach Gardens Golf Course X By: )(Title: X Date: CLU CAR, INC. By: Title: Territory Sales Manager Date: December 12, 2002 Club Car FLEET CARS LEASE PROPOSAL Club Car's primary funding source, Ingersol Rand Financial Services (IRFS), proposes to lease to the City of Palm Beach Gardens Golf Course eighty (80) new Club Car DSE PowerDrive System 48 electric golf cars equipped as stated on the proposed equipment. This lease rate and proposal is subject to Ingersol Rand Financial Services (IRFS) Inc.'s normal credit approval. Delivery is projected for January 2003. Term 48 Months RATE PER CAR PER MONTH $50.80 Initial j( Club Car will install 80 new fleet cars in January and issue the club a check for remaining lease payments on current Yamaha golf cars. Amount to be approximately $11,160. (three (3) months). February — April. These lease rates are based on a $800.00 (per car) balloon note due at at end of lease term. See terms of balloon note in attached letter. (Documentary stamps, UCC -1 filing fees and a one -time document preparation fee [$250.00] will be the responsibility of the Club to be paid upon processing and receipt of invoice.) The above quoted rate is valid for acceptance within thirty (30) days. City of Palm Beach Gardens Golf Course X By: )(Title: X Date: CLU CAR, INC. By: Title: Territory Sales Manager Date: December 12, 2002 WARRANTIES Club Car, Inc. warrants to Palm Beach Gardens Golf Course that its new 2003 DSE PowerDrive System 48 electric golf cars are free from defects in materials and workmanship subject to the terms and conditions contained in the attached Club Car Limited Lifetime Warranty. A. All batteries must be clean and free of corrosion at all times. Water levels must be checked and maintained according to Club Car's Owner's Manual. Electric cars only. B. All cars must be plugged in and charged properly on a daily basis. The golf car facility must have ample electrical power to charge the cars, and the chargers must be allowed to shut off automatically. C. All cars must be rotated properly. Every car must have approximately the same per -round usage each month. D. All cars must be used strictly for golf course rental purposes and should not be misused in any way. E. Proper air pressure (20 lbs.) must be maintained in all tires as outlined in the Club Car Owner's Manual. If these conditions are met, Club Car will replace the batteries free of charge, labor excluded, in any golf car that fails to provide 36 holes of play per day. The replacement batteries may be new or used and may be removed by Club Car at the end of the warranty period. The replaced batteries shall remain the property of the Club. WARRANTY (48 Months) Club Car, Inc. warrants to Palm Beach Gardens Golf Course that its DSE electric golf cars are free from defects in materials and workmanship subject to the terms and conditions contained in the attached Club Car Limited Lifetime Warranty. The one and two -year section of Club Car's Limited Lifetime Warranty is extended to forty -eight (48) months through approximately 01//2006. Special Seasonal Car Rate Club Car offers the The Village Golf Club the use of twenty (20) extra good used seasonal forty -eight volt electric Club Car golf cars from November through April (max. 6 months) at the special rate of: Cars to be left at club year round and billed only for six (6) months. Rate per Car per Month $50.80 Cars to be equipped like fleet and must be maintained with regular preventive maintenance as specified in the new car extended warranty . See attached warranty. SPECIAL FLEET ROLLOUT OPTION Provided that The Village Golf Club is in full compliance with all of the terms and provisions of the proposed lease agreement, it shall have the option at the end of the thirty -six (36th) month of the forty- eighth (48th) month agreement, of rolling -out of the existing lease and entering into a new lease agreement for a like fleet of new Club Car Golf Cars. Club Car will also offer the Village Golf Club a 42 Month "Walk " Clause. This will give the club the option of terminating the final six months remaining of said forty - eight (48) month lease. Should the club not be satisfied with the performance or service of the Club Car golf cars or service personnel , Club Car Florida will terminate the remaining six months of the forty -eight month lease at no charge to the club. REPLACEMENT PARTS AND SERVICE Factory authorized replacement parts, service and warranty work is handled through Professional Golf Cars, Club Car's factory authorized Dealer is located in Palm Beach County. It is Club Car's objective that The Village Golf Club's fleet will receive professional, timely and systematic weekly service. Club Car offers technical training seminars for your Club's employees involved with golf car operations. These seminars are held at Club Car's manufacturing facility in Augusta, Georgia, and are conducted by professional educators. Employees will learn preventive maintenance and repair procedures to enhance your Club's fleet operations. They will also enjoy sharing ideas and experiences with golf club and resort personnel from all over the world. Special Considerations Prepared for: Palm Beach Gardens Golf Course ADDITIONAL VEHICLES With the Agreement to Lease at least eighty (80) new 2003 model Club Car golf cars, Club Car Florida will provide to P.B.G.G.C. the use of the following vehicles. a Two (2) good one (1) year old Club Car gasoline powered golf cars to be used for On Course Player Monitoring (Ranger use). These cars to be replaced with like vehicles annually for term of lease. These vehicles will be provided to the club at no charge and will remain the property of Club Car and will be picked up at the termination of said lease. The club is responsible for providing insurance for the vehicle and to provide routine preventive maintenance. Club Car Terms of Balloon Note Under the terms of the Municipal Lease for the eighty (80) new 2003 electric Club Cars at the Town of Palm Beach Gardens Golf Course, the following options are offered to the Town of Palm Beach Gardens. Option One : Pay the $800.00 per car balloon note due at the end of the lease term and assume ownership of the Club Cars. Option Two: "Walk Away" at the end of the lease term, with no obligations to pay the balloon note. In this case, Club Car, Inc., will make the payment to Ingersol Rand Financial Services for the balloon note and then Club car will assume ownership of the Club Car golf cars. Note: If option two is exercised, all cars received by Club Car must be in fleet running condition at the time of pick up of cars. All chargers must be in good working condition. Normal wear and tear accepted. Option Choice: y Accepted by: Title: i Date: By: Club Car, Inc. 12/16/2002 Pagel Palm Beach Gardens Golf Course, City of Compound Period .......: Monthly Nominal Annual Rate ...: 3.900 % Effective Annual Rate..: 3.970 % Periodic Rate ................: 0.3250 % Daily Rate ......................: 0.01068% CASH FLOW DATA Event Start Date Amount Number Period End Date 1 Loan 02/01/2003 232,141.12 1 2 Payment 02/01/2003 3,984.00 48 Monthly 01/01/2007 3 Payment 02/01/2007 64,000.00 1 AMORTIZATION SCHEDULE - Normal Amortization Date Payment Interest Principal Balance Loan 02/01/2003 232,141.12 1 02/01/2003 3,984.00 0.00 3,984.00 228,157.12 2 03/01/2003 3,984.00 741.51 3,242.49 224,914.63 3 04/01/2003 3,984.00 730.97 3,253.03 221,661.60 4 05/01/2003 3,984.00 720.40 3,263.60 218,398.00 5 06/01/2003 3,984.00 709.79 3,274.21 215,123.79 6 07/01/2003 3,984.00 699.15 3,284.85 211,838.94 7 08/01/2003 3,984.00 688.48 3,295.52 208,543.42 8 09/01/2003 3,984.00 677.77 3,306.23 205,237.19 9 10/01/2003 3,984.00 667.02 3,316.98 201,920.21 10 11/01/2003 3,984.00 656.24 3,327.76 198,592.45 11 12/01/2003 3,984.00 645.43 3,338.57 195,253.88 2003 Totals 43,824.00 6,936.76 36,887.24 12 01/01/2004 3,984.00 634.58 3,349.42 'l 91, 904.46 13 02/01/2004 3,984.00 623.69 3,360.31 188,544.15 14 03/01/2004 3,984.00 612.77 3,371.23 185,172.92 15 04/01/2004 3,984.00 601.81 3,382.19 181,790.73 16 05/01/2004 3,984.00 590.82 3,393.18 178,397.55 17 06/01/2004 3,984.00 579.79 3,404.21 174,993.34 18 07/01/2004 3,984.00 568.73 3,415.27 171,578.07 19 08/01/2004 3,984.00 557.63 3,426.37 168,151.70 20 09/01/2004 3,984.00 546.49 3,437.51 164,714.19 21 10/01/2004 3,984.00 535.32 3,448.68 161,265.51 22 11/01/2004 3,984.00 524.11 3,459.89 157,805.62 23 12/01/2004 3,984.00 512.87 3,471.13 154,334.49 2004 Totals 47,808.00 6,888.61 40,919.39 24 01/01/2005 3,984.00 501.59 3,482.41 150,852.08 12/16/2002 Page 2 Palm Beach Gardens Golf Course, City of Date Payment Interest Principal Balance 25 02/01/2005 3,984.00 490.27 3,493.73 147,358.35 26 03/01/2005 3,984.00 478.91 3,505.09 143,853.26 27 04/01/2005 3,984.00 467.52 3,516.48 140,336.78 28 05/01/2005 3,984.00 456.09 3,527.91 136,808.87 29 06/01/2005 3,984.00 444.63 3,539.37 133,269.50 30 07/01/2005 3,984.00 433.13 3,550.87 129,718.63 31 08/01/2005 3,984.00 421.59 3,562.41 126,156.22 32 09/01/2005 3,984.00 410.01 3,573.99 122,582.23 33 10/01/2005 3,984.00 398.39 3,585.61 118,996.62 34 11/01/2005 3,984.00 386.74 3,597.26 115,399.36 35 12/01 /2005 3,984.00 375.05 3,608.95 111,790.41 2005 Totals 47,808.00 5,263.92 42,544.08 36 01/01/2006 3,984.00 363.32 3,620.68 108,169.73 37 02/01/2006 3,984.00 351.55 3,632.45 104,537.28 38 03/01/2006 3,984.00 339.75 3,644.25 100,893.03 39 04/01/2006 3,984.00 327.90 3,656.10 97,236.93 40 05/01/2006 3,984.00 316.02 3,667.98 93,568.95 41 06/01/2006 3,984.00 304.10 3,679.90 89,889.05 42 07/01/2006 3,984.00 292.14 3,691.86 86,197.19 43 08/01/2006 3,984.00 280.14 3,703.86 82,493.33 44 09/01/2006 3,984.00 268.10 3,715.90 78,777.43 45 10/01/2006 3,984.00 256.03 3,727.97 75,049.46 46 11/01/2006 3,984.00 243.91 3,740.09 71,309.37 47 12/01/2006 3,984.00 231.76 3,752.24 67,557.13 2006 Totals 47,808.00 3,574.72 44,233.28 48 01/01/2007 3,984.00 219.56 3,764.44 63,792.69 49 02/01/2007 64,000.00 207.31 63,792.69 0.00 2007 Totals 67,984.00 426.87 67,557.13 Grand Totals 255,232.00 23,090.88 232,141.12 Heceived: 12/17/02 5 :39PM; 1800 254 2642 -> Club Car, Inc.; Page 2 DEC -17 -2002 16:40 FROM:CITIGROUP 1800 254 2642 TO:407 522 8001 P.2/18 citicapital" EQUIPMENT LEASE - PURCHASE AGREEMENT Lessee (Name and Address) Lessor: (Name and Address) City of Port St. Lucie CitiCapital Commercial Corporation 2610 Morningside Blvd 8001 Ridgepolnt Drive Port St. Lucie FL 34984 Irving, TX 75063 Lessor agrees to lease to Lessee and Lessee agrees to lease from Lessor the Equipment described in Schedule A, now or hereafter attached hereto, and all replacements, repairs, restorations, modifications and improvements thereof or hereof ( "Equipment ") in accordance with the following terms and conditions of this Equipment Lease - Purchase Agreement ( "Loose ") 1. TERM. This Lease will become effective upon the execution hereof by Lessor The term of this Lease will commence on the Commencement Dane set forth in Schedule B attached hereto and, unless earlier terminated as expressly provided for in this Lease, will terminate on the Ternimation Date set forth in Schedule B attached hereto (the "Lease Term ") 2. RENT. Lessee agrees to pay to Lessor or its assignee the Lease Payments, including the interest portion, in lawful money of the United States of America, equal to the amounts specified in Schedule B. The Lease Payments will be payable without notice or demand at the office of Lessor (or such other place as Lessor or its assignee may from time to time designate in writing), and will commence on the first Lease Payment Date as set forth in Schedule B and thereafter on the subsequent dates set forth in Schedule B Any payments received later than ten (10) days from the due date will bear interest at 10% from the due date As set forth on Schedule B, a portion of each Lease Payment is paid as, and represents payment of, interest Except as specifically provided in Section 6 hereof, the obligation of Lessee to make the Lease Payments hereunder and perform all of its other obligations hereunder will be absolute and unconditional in all events and will not be subject to any setoff, defense, counterclaim, abatement, deduction or recoupment for any reason whatsoever including, without limitation, any failure of the Equipment to be delivered or installed, any defects, malfunctions, breakdowns or infirmities in the Equipment or any accident, condemnation or unforeseen circumstances Lessee reasonably believes that funds can be obtained sufficient to make all Lease Payments during the Lease Term and hereby covenants that it will do all things lawfully within Its powers to obtain, maintain and properly request and pursue funds front which the Lease Payments may be made, including making provisions for such payments to the extent necessary in each budget submitted for the purpose of obtaining funding, using its bona fide best efforts to have such portion of the budget approved It is Lessee's intent to make Lease Payments for the full Lease Term If funds are legally available therefor and in (hat regard Lessee represents that the use of the Equipment is essential to its proper, efficient and economic operation Lessor and Lessee understand and intend that the obligation of Lessee to pay Lease Payments hereunder shall constitute it current expense of Lessee and shall not in any way be construed to he a debt of Lessee in contravention of any applicable constitutional or statutory limitation or requirement concerning the creation of indebtedness of Lessee, nor shall anything contained herein constitute a pledge of the general tar revenues, funds or monies of Lessee It is the intention of the parties hereto to comply with any applicable usury laws, accordingly, it is agreed that, notwithstanding any provisions to the contrary in this Agreement, in no event shall this Agrccrneint require the payment or permit the collection of interest or any amount to the nature of interest or fees in excess of the maximum permitted by applicable law 3. DELIVERY AND ACCEPTANCE. Lessee shall order the Equipment, cause the Equipment to be delivered and installed at the location specified on Schedule A ( "Equipment Location ") and pay any and all delivery and installation costs in connection therewith Lessee will accept the Equipment as soon as it has been delivered and inspected Lessee will evidence its acceptance of the Equipment by executing and delivering to Lessor a Delivery and Acceptance Certificate (in the form provided by Lessor) upon delivery of the Equipment. 4. DISCLAIMER OF WARRANTIES. Lessee acknowledges and agrees that the Equipment Is of a size, design and capacity selected by Lessee, that Lessor is neither a manufacturer nor a vendor of such equipment, that LESSOR LEASES AND LESSEE TAKES THE EQUIPMENT AND EACH PART THEREOF "AS -IS" AND THAT LESSOR MAKES NO REPRESENTATION, WARRANTY, OR COVENANT, EXPRESS OR IMPLIED, WITH RESPECT TO THE CONDITION, QUALITY, DURABILITY, VALUE, DESIGN, OPERATION, SUITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OF THE FLLease Rev July 1, 2001 10/22/01 9,07 AM Page 1 of 7 CITICAPITAL is a service mark of Citicorp Contract 420020008 A rnemberai cigroth' Received: 12/17/02 5:40PM; 1800 254 2642 -> Club Car, Inc_; Page 3 DEC -17 -2002 16:48 FROM:CITIGROUP 1800 254 2642 TO:407 522 8001 P.3/18 VALUE, DESIGN, OPERATION, SUITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OF THE EQUIPMENT IN ANY RESPECT WHATSOEVER OR AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, OR AS TO THE ABSENCE OF ANY INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, OR AS TO ANY OBLIGATION BASED ON STRICT LIABILITY IN TORT OR ANY OTHER REPRESENTATION, WARRANTY, OR COVENANT OF ANY KiND OR CHARACTER, EXPRESS OR IMPLIED, WITH RESPECT THERETO. RISKS INCIDENT THERETO ARE TO BE BORNE BY LESSEE AND, IN NO EVENT SHALL LESSOR BE OBLIGATED OR LIABLE FOR ACTUAL, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES OF OR TO LESSEE OR ANY OTHER PERSON OR ENTITY ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE EQUIPMENT, THE MAINTENANCE THEREOF OR OF ANY SERVICES PROVIDED HEREIN Lessee may have rights under the contract evidencing the purchase of the Equipment Lessee is advised to contact the manufacturer of the Equipment for a description of any such rights Lessor hereby assigns to Lessee during the Lease Term, so long as no Event of Default has occurred hereunder and is continuing, all warranties, if any, expressed or implied with respect to the Equipment, running from the manufacturer to Lessor and Lessor authorizes Lessee to obtain the customary services furnished m connection with such warranties at Lessee's expense. lessee's sole remedy for the breach of any such manufacturer's warranty shall be against the manufacturer of the Equipment, and not against Lessor or its assigns Lessee expressly acknowledges that Lessor makes, and has made, no representations or warranties whatsoever as to the existence or the availability of such warranties of the manufacturer of the Equipment S. RETURN OF EQUIPMENT. Unless Lessee shall have paid all Lease Payments and other amounts due hereunder or exercised its option to purchase as provided in Section 20 hereof, upon the expiration or earlier termination of this Lease pursuant to the terns hereof, Lessee shall, at its sole expense but at Lessor's option, convey the Equipment by bill of sale (and with respect to vehicles, also by endorsement of title certificate) to Lessor in the condition required by Section 9 hereof at any location in the continental United States designated by Lessor 6. NON - APPROPRIATION OF FUNDS. Notwithstanding anything contained in this Lease to the contraiy, m the events no funds or insufficient funds are appropriated and budgeted in any fiscal period of Lessee for Lease Payments due under this Lease, Lessee will immediately notify Lessor or its assignee in writing of such occurrence and this Lease shall terminate on the last day of the fiscal period of Lessee for which appropriationshave been received or made without penalty or expense to Lessee, except as to Lessee's other obligations and liabilities under this lease relating to, or accruing or arising prior to, such termination in the event of such termination, Lessee shall remain obligated to either return the Equipment to Lessor in accordance with Section S or, if Lessee refuses or fails to so voluntarily return the Equipment, to pay, on demand to Lessor, from legally available funds, the unpaid balance of the lease- purchase price thereof which is stipulated to be the applicable concludingpa) ment set forth herein ScheduleB 7. REPRESENTATIONS, COVENANTS AND WARRANTIES. Lessee hereby represents, covenants and warrants to Lessor as of the date hereof and at all times during the Lease Term that (i) Lessee is a state or a fully constituted political subdivision thereof within the meaning of Section 103(x) of the Internal Revenue Code of 1986, as amended (the "Code "), or its obligations hereunder constitute obligations issued on behalf of a state or a political subdivision thereof, and Lessee shall do or cause to be done all things necessary to preserve and keep in full force and effect its existence and this Lease, (it) Lessee has full power and authority under the constitution and laws of the state in which it is located to enter into this Lease and the transactions contemplated hereby, and to perform all of its obligations hereunder, (tit) each officer of Lessee executing this Lease has been duly authorized to execute and deliver this Lease by proper action and approval of its governing body at a meeting duly called, regularly convened and attended by a requisite majority of the members thereof, or by other appropriate official approval, (iv) the execution, delivery and performance of this Lease and all documents executed in connection herewith, including, without limitation. Schedules A and B hereto and the Delivery and Acceptance Certificate referred to in Section 3 hereof (this Lease together with all such documents shall be collectively referred to herein as the "Lease Documents ") have been duly authorized by all persons. governmental bodies and agencies necessary to authorize and approve this Lease, (v) the Lease Documents constitute legal, valid and binding obligations of Lessee, enforceable against Lessee in accordance with their respective terms, (vi) the execution, delivery and performance of this Lease by Lessee shall not (a) violate any federal, state or local law or ordinance, or any judgment, order, wnt, injunction, decree, rule or regulation of any court or other governmental agency or body applicable to Lessee; or (b) conflict with or result in the breach or violation of any term or provision of, or constitute a default under, or result in the creation of any lien, charge, security interest or other encumbrance on any assets of the Lessee or the Equipment pursuant to any note, bond, mortgage, indenture, agreement, deed of trust, bank loan or credit agreement, lease or other obligation to which Lessee is a party or by which It or its assets may be bound, except as herein provided; (vii) in authorizing and executing this Lease. Lessee has complied with all open meeting laws, public bidding requirements and other laws applicable to this Lease and the acquisition by Lessee of the Equipment, (viii) Lessee has, in accordance with the requirements of law, fully budgeted and appropriated sufficient funds for the FLLease Rev July 1. 2001 1022/01 8 24 AM Page 2 of 7 Contrast; #20020008 Heceivea: 12/17/02 5.41PM; 1800 254 2642 -> Club Car, Inc.; Page 4 DEC -17 -2002 16:41 FROM:CITIGROUP 1800 254 2642 T0:407 522 8001 P.4/18 current fiscal year of the Lessee to make the Lease Payments scheduled to come due during such fiscal year, and such funds have not been expended for other purposes; (ix) the Equipment is essential to the function of the Lessee or to the service Lessee provides to its citizens and the Lessee has an immediate need for, and expects to make immediate use of, substantially all of the Equipment, which need Is not temporary or expelled to diminish in the foreseeable future, (x) no lease, rental agreement or contract for purchase to which Lessee has been a patty at any tune during the last five years, has been terminated by Lessee as a result of insufficient funds being appropriated in any fiscal year, (xi) the Equipment will be used by Lessee only for the purpose of performing one or more of Lessee's governmental or proprietary functions consistent with the permissible scope of Lessee's authority, (xu) there is no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, public board or body, pending or threatened against or affectmgthe Lessee, nor to the best knowledge of the Lessee is there any basis therefor, wherein an unfavorable decision, ruling or finding would materially adversely affect the transactions contemplated by this Lease or any other document, agreement or certificate which is used or contemplatedfor use in the consummation of the transactions contemplated by this Lease; and (x iii) no event or condition that constitutes, or with the giving of notice or the lapse of time or both would constitute, an Event of Default, exists at the CommencementDate Lessee shall deliver to Lessor an opinion of Lessee's counsel in form and substance attached hereto or as otherwise acceptable to Lessor 8. TITLE TO EQUIPMENT. Upon acceptance of the Equipment by Lessee hereunder, title to the Equipment will vest in Lessee and Lessor shall have no security interest therein 9. USE; REPAIRS. Lessee will use the Equipment in a careful manner for the use contemplated by the manufacturer of the Equipment Lessee shall comply with all laws, ordinances, insurance policies and regulations relating to the possession, use, operation or maintenance of the Equipment Lessee, at its expense, will keep the Equipment in good working order and repair and furnish all parts, mechanisms and devices required therefor 10. ALTERATIONS. Lessee will not make any alterations, additions or unprovements to the Equipment without Lessors prior written consent unless such alterations, additions or improvements may be readily removed without damage to the Equipment 11, LOCATION; INSPECTION. The Equipment will not be reinoved from or, if the Equipment consists of rolling stock, its permanent base will not be changed from the Equipment Location without Lessor's prior written consent, which will not be unreasonably withheld Lessor will be entitled to enter upon the Equipment Location or elsewhere during reasonable business hours to inspect the Equipment or observe its use and operation. 12. LIENS AND TAXES. Lessee shall keep the Equipment flee and clear of all levies, liens and encumbrances, other than the respective rights of Lessor and Lessee as herein provided Lessee shall pay, when due, all charges and taxes (local, state and federal) which may now or hereafter be imposed upon the ownership, leasing, rental, sale, purchase, possession or use of the Equipment, excluding however, all taxes on or measured by Lessor's income if Lessee fails to pay said charges, or tares when due, or to provide the insurance required by Section IS hereof, Lessor may, but need not, pay said charges or taxes or purchase such insurance and, in such event, Lessee shall reimburse Lessor therefor on demand, with interest at the maximum rate permitteil by law from the date of such payment by Lessor to the date of reimbursement by Lessee 13. RISK OF LOSS; DAMAGE; DESTRUCTION Lessee assumes all risk of loss of or damage to the Equipment from any cause whatsoever, and no such loss of or damage to the Equipment nor defect therein nor unfitness or obsolescence thereof shall relieve Lessee of the obligation to make Lease Payments or to perform any other obligation under this Lease In the event of damage to any item of Equipment, Lessee will immediately place the same in good repair with the proceeds of any insurance recovery applied to the cost of such repair if Lessor determines that any item of Equipment is lost, stolen, destroyed or damaged beyond repair, Lessee, at the option of Lessor, will either (a) replace the same with like equipment in good repair, or (b) on the next Lease Payment Date, pay Lessor (i) all amounts then owed by Lessee to Lessor under this Lease, including the Lease Payment due on such date, and (ii) an amount equal to the applicable Concluding Payment set forth in Sche&de B opposite such Lease Payment Date In the event that Lessee is obligated to make such payment pursuant to subparagraph (b) above with respect to less than all of the Equipment, Lessor will provide Lessee with the pro rata amount of the Lease Payment and the Concluding Payment to be made by Lessee with respect to the Equipment which has suffered the event of loss FLLease Rev. July 1, 3001 1022/01 S 24 AM Page 3 of 7 Contract 420020008 HeceiveO: 12/17/02 5:41PM; 1800 254 2642 -> Club Car, Inc.; Page 5 DEC -17 -2002 16:42 FROM:CITIGROUP 1800 254 2642 TO:407 522 8001 P.5/18 14. PERSONAL PROPERTY. The Equipment is and will remain personal property and will not be deemed to be affixed or attached to real estate or any building thereon. if requested by Lessor, Lessee will, at Lessee's expense, furnish a waiver of any interest in the Equipment from any party having an interest in any such real estate or building 15. INSURANCE. At its own expense, Lessee shall maintain (a) casualty insurance insuring the Equipment against loss or damage by fire and any other risks reasonably required by Lessor m an amount at least equal to the then applicable Concluding Payment of the Equipment, (b) liability insurance that protects Lessor from liability in all events in form and amount satisfactory to Lessor, and (c) workers' compensation coverage as required by the laws of the state; provided that, with Lessor's prior written consent, Lessee may self - insure against the risks described in clauses (a) and (b) All insurance proceeds from casualty losses shall be payable as hereinafter provided Upon acceptance of the Equipment and upon each insurance renewal date, Lessee will deliver to Lessor a certificate evidencing such insurance In the event of any loss, damage, injury or accident involving the Equipment, Lessee will promptly provide Lessor with written notice thereof and make available to Lessor all information and documentation relating thereto and shall permit Lessor to participate and cooperate with Lessee in making any claim for insurance in respect thereof. Ali such casualty and liability insurance shall be with insurers that tiro acceptable to Lessor, shall name Lessee as named insured and Lessor or its assigns as an additional named insured and shall contain a provision to the effect that such insurance shall not be cancelled or modified materially without first giving written notice thereof to Lessor at least thirty days in advance of such canceliation or modification The Lessee may provide required insurance as part of "blanket" coverage maintained on its other assets. Required insurance coverage may also be provided in whole or in part by self - insurance, with written consent of the Lessor, which shall not be unreasonably withheld if such consent is given, Lessee will fumish Lessor with a letter or certificate of self - insurance specifying the type and extent coverage. The proceeds of any such policies will be payable to Lessee and Lessor or its assigns as their interests may appear. In the event that Lessee has been permitted to self - insure, Lessee will furnish Lessor with a letter or certificate to such effect 16, RELEASE AND INDEMNIFICATION To the extent permitted by law, Lessee shall indemnify, protect and hold harmless Lessor from and against any and all liability, obligations, losses, claims and damages whatsoever, regardless of cause thereof, and expenses in connection therewith (including, without limitation, counsel fees and expenses and any federal income tax and interest and penalties connected therewith imposed on Interest received) arising out of or as the result of (a) the entering into this Lease, (b) the ownership of any item of the Equipment, (c) the ordering, acquisition, use, operation, condition, purchase, delivery, rejection, storage or return of any item of the Equipment, (d) any accident in connection with the operation, use, condition, possession, storage or return of any item of the Equipment resulting in damage to property or injury or death to any person or (e) the breach of any covenant herein or any material misrepresentation contained herein The indemnification .Uisuig wider this paragraph shall continue in full force and effect notwithstanding the full payment of all obligations tinder this Lease or the termination of the Lease Term for any reason 17. ASSIGNMENT Without Lessoes prior written consent, Lessee will not either (i) assign, transfer, pledge, hypothecate, grant any security interest in or otherwise dispose of this Lease or the Equipment or any interest in this Lease or the Equipment or (ii) sublet or lend the Equipment or permit it to be used by anyone other than Lessee or Lessee's employees Lessor may assign its rights, tide and interest in and to the Lea>c Documents, the Equipment and/or giant or cosign a security interest in this Lease and the Equipment, in whole or in part, and Lessee's rights will be subordinated thereto Any such assignees shall have all of the rights of Lessor under this Lease. Subject to the forgoing, this Lease inures to the benefit of and is binding upon the suc"s�,uis and assigns of the parties hereto Lessee covenants and agrees not to assert against the assignee any claims or defenses by wny of abatement, setoff, counterclaim, recoupment or the like which Lessee may have against Lessor Upon assignment of Lessor's interests herein, Lessor will cause written notice of such assignment to be sent to Lessee which will be sufficient if it discloses the name of the assignee and address to which further payments hereunder should be made No further action will be required by Lessor or by Lessee to evidence the assignment, but Lessee will acknowledge such assignments in writing if so requested Lessee shall retain all notices of assignment and maintain a book -entry record which identifies each owner of Lessor's interest in the Lease Upon Lessee's receipt of written notice of Lessor's assignment of all or any part of its interest in the Lease, Lessee agrees to anorn to and recognize any such assignee as the owner of Lessor's interest in this Lease, and Lessee shall thereafter make such payments, including without limitation such Lease Payments, as are indicated in the notice of assignment, to such assignee Lessee waives and will not assert against any assignee of Lessor any claims, counterclaims, claims in recoupment, abatement, reduction, defenses, or set -offs for breach of warranty or for any other reason which Lessee could assert against Lessor. except defenses which cannot be waived under the Uniform Commercial Code FLLease Rev July 1, 2001 10/22/01 8.24 AM Pape 4 of 7 Contract #20020008 Received: 12/17/02 5:42PM; 1800 254 2642 -> Club Car, Inc.; Page 6 DEC -17 -2002 16:43 FROM:CITIGROUP 1800 254 2642 TO:407 522 8001 P.6/18 (20) days after written notice thereof by Lessor; (iii) the discovery by Lessor that any statement, representation, or warranty made by Lessee in this Lease or in any writing ever delivered by Lessee pursuant hereto or to connection herewith was false, misleading, or erroneous to any material respect, (tv) Lessee becomes insolvent, or is unable to pay its debts as they become due, or makes an assignment for the benefit of creditors, applies or consents to the appointment of a receiver, trustee, conservator or liquidator of Lessee or of any of its assets, or a petition for relief is filed by Lessee under any bankruptcy, insolvency, reorganization or similar laws, or a petition in, or a proceeding under, any bankruptcy, insolvency, reorganization or similar laws is filed or instituted against Lessee and is not dismissed or fully stayed within twenty (20) days after the filing or institution thereof, (v) Lessee fails to make any payment when due or fails to perform or observe any covenant, condition, or agreement to be performed by it under any other agreement or obligation with Lessor or an affiliate of Lessor and any applicable grace period or notice with respect thereto shall have elapsed or been given, or (vi) an attachment, levy or execution is threatened or levied upon or against the Equipment 19. REMEDIES. Upon the occurrence of any Event of Default, and as long as such Event of Default is continuing, Lessor may, at its option, by written notice to Lessee, declare an amount equal to all amounts then due under the Lease, and all remaining Lease Payments due during the fiscal period of Lessee in which the default occurs to be immediately due and payable, whereupon the same shall become immediately due and payable Further, if an Event of Default shall have occurred, upon written request by Lessor, Lessee shall within thirty (30) days cause the Equipment (together with all documents necessary to transfer legal and beneficial title thereto to Lessor) to be delivered to Lessor in the condition required by Section 9 hereof to the closet authorized Club Car dealership to the lessee. if Lessee fails or refuses to voluntarily transfer the Equipment to Lessor as herein provided, Lessor shall have the right to obtain a judgment against Lessee for compensatory damages in the amount of the then applicable Concluding Payment amount set forth in Exhibit B, plus interest thereon in accordance with Section 12 to the date of payment If the Equipment has been destroyed or damaged beyond repair, Lessee shall pay the applicable Concluding Payment amount set forth in Exhibit B to Lessor. Following an Event of Default, or upon failure of Lessee to voluntarily comply with Section S hereof following a termination of the Lease pursuant to Section 6, Lessor shall have whatever rights and remedies are available at law against Lessee's legally available funds for compensatory damages and Lessor's damages shall include, without limitation, all legal fees and other costs and expenses, including court costs, incurred by Lessor with respect to the enforcement hereof and the collection of any Judgment, provided, however, that Lessor and lessee agree that there is no intention to create under this Lease a right in Lessor to dispossess Lessee involuntarily of the legal title to or the use of the Equipment Lessor hereby irrevocably waives any right to specific performance of Lessee's covenant to transfer legal title to and return possession of the Equipment to Lessor If Lessor terminates this Lease and receives possession of the Equipment, Lessor shall within sixty (60) days thereafter use its best efforts to sell the Equipment in a commercially reasonable manner at public or private sale and apply the proceeds of such sale to pay the following items in the following order (a) all costs and expenses of receiving possession of the Equipment and completing the sale thereof, (b) the applicable Concluding Payment amount, and (c) the balance of any Lease Payments owed by Lessee during th, fiscal period of Lessee then in effect Any sale proceedq remaining after the requirements of clauges (a) (b) and (c) have been met shall be for the account of Lessee and shall be remitted to Lessee If the proceeds of sale of the Equipment are not sufficient to pay the balance of any Lease Payments owed by Lessee during the fiscal period of Lessee then in effect, Lessor may pursue such other remedies as are available at law or in equity to collect the balance of such Lease Payments from Lessee's legally available funds Lessor may sell the Equipment without giving any warranties as to the Equipment and may disclaim any warranties of title, possession, quiet enjoyment, or the like This procedure will not be considered to adversely affect the commercial reasonableness of any sale of the Equipment 20. PREPAYMENT OPTION. Upon thirty (30) days prior written notice from Lessee, and provided that there is no Event of Default, or an event which with notice or lapse of time, or both, could become an Event of Default, then existing. Lessee will have the right to purchase the Equipment prior to the Termination Date on any Lease Payment Date set forth in Schedule B by paying to Lessor, on such date, the Concluding Payment as set forth in Schedule B Upon satisfaction by Lessee of such purchase conditions, Lessor will transfer any and all of its right, title and interest in the Equipment to Lessee AS IS, WITHOUT WARRANTY, EXPRESS OR IMPLIED. 21. TAX ASSUMPTION; COVENANTS. Lessee hereby covenants with respect to this Lease that (i) neither the payment of the Lease Payments hereundernor any portion thereof is secured by any interest in property used or to be used in a trade or business of a non - exempt person (within the meaning of Section 103 of the Code) or in payments with respect to such property or is derived from payments with respect to property, or borrowed money, used or to be used in a trade or business of a non - exempt person (within the meaning of Secuon 103 of the Code), (it) no portion of the Equipment will be used directly or indirectly in any trade or business carved on by any non - exempt person (within the meaning of Section 103 of the Code); (tit) it will not take any action or permit or suffer any action to be taken or condition to exist if the result of such action or condition would be to cause its obligation to make Lease Payments to be guaranteed, directly or indirectly, in whole or in part, by the United States or by any agency or inswmentaliry FLLease Rev July 1, 2001 10/22/01 9 08 AM Page 5 of 7 Contract #20020008 Received: 12/17/02 5:43PM; 1800 254 2642 -> Club Car, Inc.; Page 7 DEC -17 -2002 16:44 FROM:CITIGROUP 1800 254 2642 TO:407 522 8001 P.7/18 meaning of Section 103 of the Code); (li) no portion of the Equipment will be used directly or indirectly in any trade or business Gamed on by any non - exempt person (within the meaning of Section 103 of the Code), (tit) it will not take any action or permit or suffer any action to be taken or condition to exist if the result of such action or condition would be to cause its obligation to make Lease Payments to be guaranteed, directly or indirectly, in whole or in part, by the United States or by any agency or instrumentality thcmur, (,v) at wl{l nclthcr *&6 any action (including, without lunitatten, entering into any lease, sublease, output contract, management contract, take -or -pay contract or other arrangement) nor omit to take any action if the result of such action or omission would be to cause the interest portion of each Lease Payment to become includable in the income of Lessor for purposes of federal, state or local income tax; (v) it will provide (or cause to be provided) to Lessor such other information as Lessor may reasonably request from Lessee to enable Lessor to fulfill tax filing, audit and litigation obligations, including, but not limited to, federal and state income tax filing obligations, (vi) it will timely file a statement with respect to this Lease in the form required by Section 149(e) of the Internal Revenue Code of 1986, as amended (the "Code "), and (vii) neither take any action or omit to take any action if the result of such action or omission would be to cause this Lease to be an "arbitrage bond" within the meaning of Section 148 of the Code If this Lease is accompanied by an Escrow Agreement, Lessee will execute and deliver to Lessor an Arbitrage Certificate (in the form provided by Lessor) If Lessor receives notice, in any form, from the Internal Revenue Service or it is determined based on an opinion of independent tax counsel selected by Lessor and approved by Lessee, which approval shall not be unreasonably withheld, that the interest portion of any Lease Payment is includable in the income of Lessor for purposes of federal, state or local income tax, Lessee, at its option, shall either (i) pay the Concluding Payment as provided in Section 20 hereof and terminate the Lease or (n) within 30 days after notice from Lessor, pay Lessor an amount which will restore to Lessor its after -tax yield as contemplated by this transaction from the date that the interest portion became taxable through the date of such additional rental payment and will further pay additional rent to Lessor on each succeeding Lease Payment Date in such amount as will maintain Lessor's after -tax yield as contemplated by this transaction 22. NOTICES. All notices to be given under this Lease shall be made in writing and mailed by certified mail, return receipt requested, to the other party at its address set forth herein or at such address as the party may provide in writing from time to time. Any such notice shall be deemed to have been received five days subsequent to mailing 23. SECTION HEADINGS. All section headings contained herein are for the convenience of reference only and are not intended to define or limit the scope of any provision of this Lease 24. GOVERNING LAW. This Lease shall be construed to accordance with, and governed by, the laws of tho state of the Equipment Location 25. DELIVERY OF RELATED DOCUMENTS. Lessee will execute or provide, as requested by Lessor, such other documents and information as are reasonably necessary with respect to the transaction contemplated by this Lease [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 26. ENTIRE AGREEMENT; WAIVER. The Lease Documents constitute the entire agreement between the parties with respect to the lease of the Equipment and shall not be contradicted by any oral representations made prior to, contemporaneously with or subsequent to the date hereof nor do any oral agreements presently exist between the parties which have not been reduced to writing This Lease shall not be modified, amended, altered, or changed except with the written consent of Lessee and Lessor Any provision of this Lease found to be prohibited by law shall be ineffective to the extent of such prohibition without invalidating the remainder of this Lease The waiver by Lessor of any breach by Lessee of any term, covenant or condition hereof shall not operate as a waiver of any subsequent breach thereof IN WITNESS WHEREOF, the parties have executed this Lease FLLease Rev July 1, 2001 10/22/01 8 24 AM Page 6 of 7 Contract #20020008 Received: 12/17/02 5:44PM; DEC -17 -2002 16:44 FROM:CITIGROUP Lease Date: LESSEE: City of Port St Lucie, FL. i By. Donald B. Cooplf Title City Manager Date. 11/13/01 FLLease Rev July 1,2001—' 10/22/01 8 24 AM 1800 254 2642 -> Club Car, Inc_; Page 8 1800 254 2642 TO:407 522 8001 P.8/18 LESSOR: CHI al Commercial Corpo t By Title f 'r4 Date. /0 Page 7 of 7 Contract #20020008 Received: 12/17/02 5:44PM; 1x00 254 2642 -> Club Car, Inc.; Page 9 DEC -17 -2002 16:44 FROM:CITIGROUP 1800 254 2642 TO:407 522 8001 P.9/18 LESSEE. City of Port St. Lucia, FL OPINION OF COUNSEL With respect to that certain Equipment Lease- Purchase agreement ( "Lease") dated 11/13/01 by and between Lessor and Lessee, 1 am of the opinion that (1) Lessee is a tax- exempt entity under Section 103 of the Internal revenue Code or 1986, as amended. (11) the execution, delivery and performance by Lessee of the Lease have been duly authorized by all necessary action on the part of Lessee, (II1) the Lease consututes a legal, valid and binding obitgation of Lessee enforceable in accordance with terms and all statements contained in the Lease and all related instruments are nue,(1V) there are no suits. proceedings or investigations pending or, to my knowledge, threatened against or affecting Lessee. at law or in equity . or before or by any governmental or admtntsuative agency or instrumentality which, if adversely detcffnuied, would have a material adverse effect on the transaction contemplated in the Lease or the ability of Lessee to perform its obligations under the Lease and Lessee is not in default under any matenal obligation for the payment of borrowed money, for the deferred purchase price of property or for the payment of any rent under any lease agreement which either individually or in the aggregate would have the same such effect: and (V) all required public bidding procedures regarding the award of the Lease have been followed by Lessee and no governmental orders, permissions, consents. approvals or authonzations are required to be obtained and no regisiratioins or declarations we required to be filed in connection with the execution and delivery of the Lease. Counsel for Lessee* Port St. Lucie, Florida City Attorney's Office gy - Date Pam E. Booker, ssistan ty Attorney Received: 12/17/02 5:44PM; 1800 254 2642 -> Club Car, Inc.; Page 10 DEC -17 -2002 16:45 FROM:CITIGROUP 1800 254 2642 TO:407 522 8001 P.10/18 SCHEDULE A EQUIPMENT DESCRIPTION Lessor hereby leases to Lessee under and pursuant to the Lease and Lessee hereby leases from Lessor under and pursuant to the Lease the following items of Equipment: S DESCRIPTION (MANUFACTURER, MODEL AND SERIAL NO. *) I SUPPLIER I • Lessor shall have the right to insect Sena! Nos at time of Delivery do Accgwmce Seventy (70) Club Car DS Electric Golf Cars AA0219- 145224 Club Car, Inc. AA0219- 145155 thru One (1) Club Car Turf 2 Utility Vehicle S /lv 14125 Washington Avenue all complete with attachments and accessories HG0215- 137881 I Martinez, GA 30907 LESSEE: City of Port St Lucie, FL BY: Aonald%B.o TITLE City Manager DATE 11/13/01 Equipment Location 2610 Morningsidc Blvd Port St Lucie FL Received: 12/17/02 5:44PM; DEC -17 -2002 16:45 FROM:CITIGROUP 1800 254 2642 -> Club Car, Inc.; Page 11 1800 254 2642 TO:407 522 8001 P.11/18 10/22/2001 Page 1 Schedule B - City of Port St Lucie Compound Period ......: Monthly Nominal Annual Rate . 5 000 % Effective Annual Rate . 5116 % Periodic Rate ... ... 0.4167 % Daily Rate 0.01370% CASH FLOW DATA Event Start Date Amount Number Period End Date 1 Loan 12/01/2001 211, 941.80 1 2 Payment 12101/2001 3,808.70 48 Monthly 11/01/2005 3 Payment 12/01/2005 56,000 00 1 AMORTIZATION SCHEDULE - Normal Amortization Date Payment Interest Principal Balance Loan 12/01/2001 211,941.80 1 12101/2001 3,808.70 0.00 3,80870 208,133 10 2001 Totals 3,80870 000 3,808.70 2 01/01/2002 3,80870 86723 2,94147 205,191 63 3 02/01/2002 3,80870 85498 2,95372 202,237 91 4 03/01/2002 3,80870 84267 2,96603 199,271 88 5 04/01/2002 3,80870 830.31 2,978.39 196,293 49 6 05/01/2002 3,808.70 81790 2,990.80 193,302.69 7 06/01/2002 3,808.70 80544 3,003.26 190,299 43 8 07/01/2002 3,808.70 792.92 3,015.78 187,283 65 9 08101/2002 3,808.70 78036 3,02834 184,255 31 10 09/0112002 3,808.70 76774 3,040.96 181,214 35 11 10/01/2002 3,808.70 755.07 3,053.63 178,160.72 12 11101/2002 3,80870 74235 3,06635 175,094 37 13 12/01/2002 3,80870 72957 3,07913 172,015.24 2002 Totals 45,704 40 9,586,54 36,117.86 14 01/01/2003 3,808.70 716.74 3,091.96 168,923 28 15 02/01/2003 3,808.70 703.86 3,10484 165,818.44 16 03/01/2003 3,808.70 690.92 3,117.78 162,700.66 17 04/01/2003 3,808.70 67793 3,130.77 159,569.89 18 05/01/2003 3,808.70 66488 3,14382 156,426 07 19 06/01/2003 3,808.70 651 78 3,15692 153,269.15 20 07/01/2003 3,80870 63863 3,17007 150,099 08 21 08/01/2003 3,80870 62542 3,18328 146,915.80 22 09/01 /2003 3,80870 61216 3,196 54 143,719.26 23 10/01/2003 3,80870 59884 3,209.86 140,509 40 24 11/01/2003 3,80870 585.46 3,22324 137,286.16 25 12/01/2003 3,80870 57203 3,23667 134,049 49 2003 Totals 45,704 40 7,73865 37,965 75 Heceivea: 1800 254 2642 -> Club Car, Inc.; Page 12 DEC -17 -2002 16:45 FROM:CITIGROUP 1800 254 2642 TO:407 522 8001 10/22/2001 Page 2 Schedule B - City of Port St Lucie 38 Date Payment Interest Principal Balance 26 01/01/2004 3,808.70 558.55 3,250.15 130,799.34 27 02/01/2004 3,808.70 545.00 3,263.70 127,535 64 28 03101/2004 3,808.70 531.40 3,277.30 124,258 34 29 04/01/2004 3,808.70 51775 3,29095 120,967.39 30 05/01/2004 3,808.70 50404 3,30466 117,662.73 31 06/01/2004 3,80870 490.27 3,31843 114,344.30 32 07/01/2004 3,80870 476.44 3,332.26 111,012.04 33 08/01/2004 3,808.70 462.56 3,346.14 107,665 90 34 09/01/2004 3,808.70 448.61 3,380.09 104,305.81 35 10/01/2004 3,80870 434.61 3,374.09 100,931 72 36 11/01/2004 3,80870 42055 3,388.15 97,543 57 37 12/01/2004 3,808.70 406.44 3,402.26 94,14131 2004 Totals 45,704.40 5,798.22 39,908.18 38 01/01/2005 3,80870 39226 3,416.44 90, 724.87 39 02/01/2005 3,808.70 37802 3,43068 87,294 19 40 03/0112005 3,80870 36373 3,444.97 83,849.22 41 04/01/2005 3,808.70 34938 3,45932 80,389.90 42 05/01/2005 3,808.70 334.96 3,47374 76,916 16 43 06/01/2005 3,808.70 320.49 3,488.21 73,427 95 44 07/01/2005 3,80870 30595 3,502.75 69,925 20 45 08/01/2005 3,808.70 291.36 3,517.34 66,407.86 46 09/01 /2005 3,80870 27670 3,532.00 62,875 86 47 10/01/2005 3,80870 261 99 3,54671 59,329 15 48 11/01/2005 3,80870 24721 3,561.49 55,767 66 49 12/01/2005 56,000 00 232.34 55,767.66 0.00 2005 Totals 97,895 70 3,75439 94,141 31 Grand Totals 238,817 60 26,875 80 211,941 80 P. 12118 Received: 12/17/02 5:45PM; 1800 254 2642 -> Club Car, Inc.; Page 13 DEC -17 -2002 16:45 FROM:CITICROUP 1800 254 2642 TO:407 522 8001 P.13/18 sent By: CLUB CAR; 5616241920, Dec -14 -01 11 :32AM; Pege 212 SCHEDULE C DELIVERY AND ACCEPTANCE CERTIFICATE PurSu$nt to that certain Equipment Lease- Purchase Agreement dated as of , 3 0 - or (•'Lease' , the undersigned Lessee hereby acknowledges receipt of the equipment, as moic fully desert in Schedule A to the Lease ( "Equipment ") is installed and in good working condition and Lessce h reby accepts the Equipment after full inspection thereof as satisfactory for al] purposes under the Lm4cxccuted by Lessee and Lessor as of the date set forth below: Seventy one (1) all comp TITLE- DATE Club Car DS Electric Golf Cars Car Turf 2 Utility Vehicle with attachments and accessories (Please note Serial Number next to unit) AA0219- 145155 thru AA0219- 145224 HG0215- 137881 E: City of Port St. Lucie, FL & Received: 12/17/02 5:45PM; 1800 254 2642 -> Club Car, Inc.; Page 14 DEC -17 -2002 16:46 FROM:CITIGROUP 1800 254 2642 TO:407 522 8001 INCUMBENCY CERTIFICATE P. 14/18 I do hereby certify that I am the duly elected or appointed and acting Secretary/Clerk of City of Port St Lucie ( "Lessee "), a body corporate and politic duly organized and existing under the laws of the State of FL that I have custody of the records of Lessee, and that, as of the date hereof, the individuals named below are the duly elected or appointed officers of Lessee holding the offices set forth opposite their respective names I further certify that (j) the signatures set forth opposite their respective names and titles are their true and authentic signatures, and (ii) such officers have the authority on behalf of Lessee to enter into that certain Equipment Lease Agreement dated or to be dated 11/13 01 , between Lessee and CitiCapital Commercial Corporation NAME Donald B. Cooper TITLE City Manager A iln[ I, the undersigned, duly qualified and acting (Secretary, Board Chairman or other authorized Goveming Body Member of Lessee) do hereby certify the above LESSEE: City of Port St. Lucie, FL WITNESSED BY. TITLE �l�fdw•c (Authorized Guvermng Body Member or Lcssec other than the individual(s) whose signalura is listed abovc) IlCGC1VCU I G/ i i ivc o ;�Uo rm; I UUU 2b4 2642 -> Club Car, Inc.; Page 15 DEC -17 -2082 16:46 FROM:CITIGROUP 1800 254 2642 TO:407 522 8001 P.15/18 Form 8038 -G I Information Return for Tax - Exempt Governmental Obligations ► Under Internal Revenue Code section 149(e) orate No tsas -07zo (Rev May 1999) ; 1- See separate instructions, iooanmerr a he Tre.wr i Caution: Use Fomt 8038 -GC if the issue price is under $100,000) name of Port St Lucie 2 59- 6141662 ► 3 Number and street (or P O box it mall Is not delivered to street address) 1 RoorNsuile 4 Report number 2610 Morningside Blvd 1 I G 2000. 5 City, town, or post office, state, and ZIP code ; 6 Date of issue Port St. Lucie FL 34984 7 Name of Issue 8 CUSIP number Equipment Lease - Purchase Agreement Dated NIA B Name and lids of officer or legal representative whom the IRS may call for more information l o eleprone r+umber of owww a legal repreieiitabve '1 TyPe of IssU@ JCheCk apPliCablill bOX eS and enter the Issue rice See Instructions and attach ached! 11 Lj Education 11 12 ❑ Heafth and hospital 12 13 ❑ Transportation 13 14 ❑ Public safety 14 15 ❑ Environment (including sewage bonds) 15 18 ❑ Housing 16 17 ❑ Ublkft 17 18 ® other Describe Club Car Golf Cars 18 19 If obligations are TAN or RANs, check box ► ❑ If obligations are BANa, check box ► ❑ 20 If obligations are in the form of a lease or installment sale, check box ► Deacri tion of Obligations. (Complete for the entire Issue for which this form is being filed ) (a) Final Maturity date (b) Issue price i (c) Stated redemption f (d) weighted (e) YsM price at maturity, j average maturity I 21 N/A $211,94180 $N /A 4 years 1 month Uses of Proceeds of Bond Issue (Includlna underwriters' dlscountl 23 Issue price of entire issue (enter amount from line 21, column (b)) 23 N/A 24 Proceeds used for bond issuance costs (including underwriters' discount) 24 N/A 26 Proceeds used for credd enhancement 26 N/A 26 Proceeds allocated to reasonably required reserve or replacement fund r 26 N/A 27 Proceeds used to currently refund prior issues 27 1 N/A 28 Proceeds used to advance refund prior issues 28 N/A 29 Total (add lines 24 through 28) 29 N/A 30 Nonrefunding proceeds of the issue (subtract line 29 from line 23 and enter amount here) 30 Description of Refunded Bonds (Complete this part only for refunding bonds.) 31 Enter the remaining weighted average maturity of the bonds to be currently refunded 0 N/A years 32 Enter the remaining weighted average maturity of the bonds to be advance refunded / N%A years 33 Enter the last date on which the refunded bonds will be called ► N/A 34 Enter the date(s) the refunded bonds were issued / N/A 15EM� Mlscellaneous 35 Enter the amount of the state volume cap allocated to the issue un r section 141(b)(5) : 35 36a Enter the amount of gross proceeds invested or to be invested in a guaranteed Investment contract (see Instructions) 36a b Enter the final maturity date of the guaranteed irrvestment contract ► 690 — 37 Pooled financings a Proceeds of this issue that are to be used to make loans to other governmental units i 37a ; b If this issue is a loan made from the proceeds of another tax - exempt issue, check box 1 ❑ and enter the name of the issuer ► and the date of the issue ► 38 If the issuer has designated the issue under section 265(b)(3)(B)(i)(111) (small issuer exception), check box ► I] 39 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box ► (7 40 if the issuer has identified a hedge checK box / Cl Un penalties of pejury. I declare that I have examined this return and accompanying schedules and statements, and to the test of der m my knowladge and belief, they are true, correct and compete Please _ M. Frank Blackwell Sign d 1 _Finance Director /City Treasurei Here S:3narure of issuer s duthonzed regesantavve 6.1e Tyre or pr ;rt na a and dl e For Paperwork Reduction Act Notice, see page 2 of the Instructions Cal No a377:S F:•m 8038 -C (Pev 5-esi Received: 1211f/U2 5:46F'M; IODU 254 2642 -> Club Car, Inc.; Page 16 DEC -17 -2002 16:46 FROM:CITIGROUP 1800 254 2642 TO:407 522 8001 FACT SHEET Please complete entire form PLEASE RETURN THIS SHEET WITH THE FINANCIAL STATEMENTS LEGAL NAME OF ENTITY City of Port St. Lucie, Florida DEPARTMENT USING EQUIPMENT Parks s Recreation (Golf Course Project) FEDERAL ID NUMBER: __ Application Submitted NAME OF COUNTY: St. Lucie County, Florida STREET ADDRESS Please give complete physical street address Do not give address with P.0 Box as express delivery will not deliver to it City of Port St, Lucie, Florida 2610 Morningside Blvd. Port St. Lucie, FL 34984 BILLING ADDRESS. Please indicate any special billing instructions that are required to avoid late payments and subsequent late charges. 121 S. W. Port St. Lucie Blvd, Bldg. - Port St. Lucie, FL 34984 ACCOUNT PAYABLE CONTACT Marie Bouloy TELEPHONE # (561) 871 -5195 SIGNATURES Please print or type names exactly as the person will be signing the Document Signatures are not required here AUTHORIZED OFFICIAL Name — Donald B. Cooper Title City Manager ATTOR GNING O INTO NSEL Name TELEPHONE #. _ (561) 871 -5294 Pam E. Booker, Assistant City Attorney MAJOR REVENUE SOURCE Golf Course Revenues BANK REFERENCE Bank of America CONTACT NAME Vanessa C. Civalero TELEPHONE # (561) 838 -2252 P. 16/18 Received: 12/17/02 5:46PM; 1800 254 2642 -> Club Car, Inc_; Page 17 DEC -17 -2002 16:47 FROM:CITICROUP 1800 254 2642 TO:407 522 8001 P.17/18 /0 Qt7Ry sT eG CITY OF PORT ST. L UCIE o I V .� � n�Y;..� /�� 11 A/1 N/1ROSrtvHt R RI//lloPr A CITY FOR ALL AGES ChiCapital Commercial Corporation 8001 Ridgepoint Drive Irving, TX 75063-3117 Gentlemen, RE. Equipment Lease - Purchase Proposal 1 am furnishing the following information to facilitate the credit review process for the proposed Equipment Lease - Purchase transaction. A detailed explanation of the use and application of the equipment is as follows' The equipment is essential to the organization for the following reasons: to use at The Saints at Port Saint Lucie golf course. This equipment replaces previous equipment- No Yes X If yes, the previous equipment was originally purchased in 1998 or 1999. Other equipment being used for the same purpose consists of none The useful life of the equipment in the operation of the department is- 3 years. The future plans for the equipment are- Club cars to replace carts and pay off lease in 3d. year The program/department has been in operation for 0 years The source of funds for the payments due under the Equipment Lease - Purchase Agreement for the current fiscal year is the PS Saints Golf C urse fund(s) The fund(s) generates its revenue from golf rounds. Sincerely, Lessee: Date. 11/13/01 121 S.W Port St Lucie Boulevard - Port St Lucie, FL 34984 - 5099.551/871 -5225 Received: 12/17/02 5:47PM; 1800 254 2642 -> Club Car, Inc.; Page 18 DEC -17 -2002 16 :47 FROM:CITIGROUP 1800 254 2642 TO:407 522 8001 k pRT S� Cc, CITY OF PORT 5T. L UCIE Finance Department . . . . . . . . . . . . . . . . . . . . A CITY FOR ALL AGES November S, 2001 To Whom It May Concern: The attached DR -14 (Consumer's Certificate of Exemption) is being provided for your records. This certificate provides you with proof that the City is sales tax exempt. The City of Port St. Lucie is a municipality and is not acquiring this equipment for resale but for the City's use. Therefore, the new Department of Revenue Resale Law that went into effect on February 1, 2000 does not apply in this case. Sincerely, ^Frank ilcw&ell Finance Director/Treasurer MFB /cola Attachment W/DR 14.GC P. 18/18 121 S W, Port St Lucie Boulevard • Port St Lucie, FL 34984 -5099 • 561/871 -5225 • 561/878 -0097 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: 1 -16 -03 Meeting Date: 2 -6 -03 Resolution: 16 -2003 Sportslighting 10 Year Warranty — Mirasol Park Subject/Agenda Item: Recommend purchase of a 10 Year Sportslighting Warranty Program at Mirasol Park from the Musco Lighting Company in the amount of $36,200 to commence with city ownership of the park. [ X ] Recommendation to APPROVE ( 1 Recommendation to DENY Reviewed by: Orr' a ' g Costs: $36.200 Council Action: (Total) Jack [ ] Approved Allan Ow s Community Services Finance Director $ [ ]Approved w/ Current FY conditions [ ] Denied Advertised: Len Rub' Funding Source: [ ] Continued to: City Atto Date: [ ] Operating Attachments: ❑ Memorandum dated [ X ] Other 1 -17 -03 Recreation Impact Funds ❑ Musco Co. memo dated 1 -14 -03 Davco Electric memo dated 1 -17 -03 Paper: ❑ Musco Lighting 1. Invoice 2. Specifications Submitted by: [ X ] Not Required e elly Parks Division Affected parties [ X ] Notified Budget Acct. #: 03- 2000.572.6400 [ ] None Approved by: Ron Ferris [ ] Not required City Manager CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 16, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AUTHORIZING THE PURCHASE OF AN EXTENDED WARRANTY FOR THE MIRASOL PARK SPORTS LIGHTING SYSTEM FROM MUSCO LIGHTING, INC.; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the developer of the Mirasol PCD will be dedicating the Mirasol Park to the City, including an extensive sports lighting system; and WHEREAS, City Staff has recommended purchasing an extended ten (10) year warranty from Musco Lighting, Inc. to provide all services, including labor and materials, relating to the maintenance and operation of the sports lighting system to be funded by parks and recreation impact fees; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interests of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council hereby approves the purchase of a ten (10) year Club Service Warranty for the sports lighting system at Mirasol Park from Musco Lighting, Inc. at a total cost of $36,200 in accordance with the terms and conditions attached hereto as Exhibit "A" and incorporated herein. 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, se PASSED, ADOPTED AND APPROVED this 6th ATTEST: PATRICIA SNIDER, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUBIN CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO Date Prepared: 1 -9 -03 Page: 2 day of February 2003_ MAYOR JABLIN AYE NAY ABSENT Date Prepared: January 21, 2003 Meeting Date: February 6, 2003 Resolution: 16, 2003 EXHIBIT A CITY OF PALM BEACH GARDENS MEMORANDUM TO: Ron Ferris, City Manager THRU: Jack Doughney, Community Services Administrator CC: Allan Owens, Finance Director DATE: January 17, 2003 FROM: Mike Kelly, CPRP, Parks Division Director SUBJECT: Musco Company 10 Year Warranty — Mirasol Park In an effort to ensure that the sportslighting system at the new Mirasol Park is under an extended warranty for maintenance and equipment replacements, the Parks Division considers it is a necessity to purchase the Musco Company 10 Year Warranty Program. This is a highly regarded program that should actually provide a savings for the City in regard to the Mirasol Park sportslighting system. A detailed description of the types of maintenance and equipment replacements included is attached. The total cost of this 10 Year Program is $36,200 for ten years. It is my experience that this program will not only fully insure the City for extensive and expensive equipment replacements but also provide the bulk of servicelmaterials to properly maintain the system for a decade. An estimate of the costs associated with normal maintenance of sportslighting systems is included in an attached memo by Davco Electric. Davco Electric has nearly 20 years of experience handling all of Musco installations and maintenance in South Florida area. In addition, Davco Electric retains the Palm Beach County School Board maintenance contract and has successfully handled all of Palm Beach Gardens sportslighting maintenance needs for the past decade. I agree that the costs associated with this warranty program are well spent and will actually save the city over the tens years. The warranty Program is intended for a new piece of equipment at a new park and should appropriately be funded through funds other than operating. Therefore, I would like to request the $36,200 cost be provided through Recreation Impact Funds. The program will commence from the date the city takes over ownership and operation of the park. Sent By: Davco Electrical; ELECTRICAL C0NTRAC'1pRS (Util' January 17, 2003 5615336967; 17- Jan -03 9:11; Page 1/1 City of Palm Beach Gardens Parks & Recreation Department Mr. Mike Kelly Re: Musco Sports Lighting 10 Year Club Warranty I am sure you are aware under the ten -year warranty plan by Ivlusco "ALL" maintenance of the sports lighting is covered except the replacement of fuses. In addition the City of Palm Beach Gardens will enjoy a complete re -lamp of the facility twice. Once after five years and again after 10 years. I believe the best way to find out if the expense is 'worth the potential savings a cost analysis is necessary. Mirasol Sports Park 167 Fifteen Hundred Watt Fixtures. Lamp cost replacement this date: $90.00 each 167 X 90 = $15,030.00 Lamp cost replacement 5 years from now $110.00 each 167 X 110 = $18370.00 Lamp cost replacement 10 years from now $125.00 each 167 X 125 = $20,875.00 With the above in mind if you were to pay for re -lamp at five and ten years your expenses would be $39, 24.5.00. Remember though you still have not spent any money for maintenance. The average cost of maintenance for a fifteen hundred watt fixture over a ten-year period is approximately $47.00. Hence you would spend another $7,849.00 just for maintenance of the facility. You total. anticipated cost for two re -lamps and maintenance of the facility for a ten -year period is approximately $47,094.00. If ywrequire-addjtional information please don't hesitate to contact me. ,- Respectfully 1 - Russell White, e"J or Project Manager Davco Electrical Contractors Corp Cumaw,ciol •EC673-Indkrniai Lake Worth: ( 561) 533 -5155 - Boca Raton "561) 338 -6947 • tax (561) 533 -6967 - www.dHvwelectric.com 1 910 7th Avcnue North • Lake Worth, Florida 33461 -1807 — Musco Sports Lighting *1600 SW 5e Way.* Plantation, FL 33317 Telephone (954) 583- 9756 *f x(954) 583 -9750 *Mobile (954) 629 -8446 �r Date: November 6, 2002 TO: Mike Kelly Mirasol Park QUOTATION Terms: Net 20 Days F.03 -: Mirasol Park Deliv 4-6 Weeks WE ARE PLEASED TO SUBMIT THE FOLLOWING QUOTATION FOR YOUR REVIEW 1) to Qub arra -Musco Sports Lighting to provide all services including materials and labor for 10 years. Lamps will be group replaced at the end of the 5th & 10th year period. The sports lighting system will be regularly monitored with preventative and $36,200.00 spot maintenance occurring as needed, including parts and labor. Fuses not included To add control link and contactor cabinets. Which will allow for remote on and off of this system. Materials $9,350.00. Installation $5,500.00 Pricing does net include sales, usage or other appropriate taxes. A tax exempt certificate must be presented at the time of purchase to avoid these taxes Musco Sports Lighting Southeast Region Phone: 336/887 -0770 888/889 -0770 toll free Fax: 336/887 -0771 1701 Westchester Dr, Suite 300 High Point, NC 27262 www.musco.com November 7, 2002 Palm Beach Gardens 4301 Burns Road Palm Beach Gardens, Florida 33410 Attention: Mike Kelly Reference: 10 Club Warranty Dear Mr. Kelly: I have enclosed the product information for Musco's 10 Club Warranty as requested by our sales representative. If you have any questions regarding this information, please feel free to call Tim Imhoff at 954 - 583 -9756, or myself at 888 - 889 -0770 ext 220. Sincerely, Amanda Mabry Regional Sales Coordinator Encl: �A • 0000 M `/ O M mus /0 smw,;r T Musco's Comprehensive 10 -Year Warranty Program — Joe Crookham, President Musco Lighting Inc. For the next 10 years, Musco Lighting, Inc. will provide all materials and labor to maintain the operation of Light- Structure 2 to original design criteria, including accurate alignment of the luminaires. 10 Club Service" includes complete lamp replacement; regular monitoring; preventative and spot maintenance; and insured warranty fulfillment. Complete Lamp Replacement Lamps are group replaced at the end of useful lamp life, or at the end of the 10 -year warranty as provided in your contract. Individual lamp outages are repaired when one of these events occur: More than 10% of the lamps are out on any one field 2. Lamp outages materially impact the usage of any field Regular Monitoring Regular monitoring of your lighting equipment assures your system is always ready to perform. Preventative and Spot Maintenance Preventative and spot maintenance will be provided as needed, including parts and labor. Musco provides toll -free access to our warranty department for prompt attention. Customer may be charged a fee for repairs necessitated by vandalism; major storms and lightning; failure of owner's electrical service; unauthorized repairs or alterations; or repairs to any non -Musco manufactured product. No expenditures will be charged without advising and receiving customer authorization. Insured Warranty Fulfillment Musco is responsible for and directly provides the warranty services set out in the 10 Club Service. To further assure full compliance with this warranty, Musco will provide the Owner with a signed Certificate of Insurance which guarantees the comprehensive 10 Club Service for the full 10 year period. The insurance policy is fully funded on an actuarially sound basis and underwritten by a top -rated insurance company. — See contract on the other side for details on extent of coverage — © 1998, 2000 Musco Lighting, Inc. • wloms 0000 musU ® /0 Wa Sew4cm ei Extended Warranty Agreement r 7 1�� 17-7710 77 Project Name: Project Number: Date Issued: Expiration: Musco Lighting, Inc. ( "Musco "), is the obligor of this Contract. Service under this Contract is provided by Musco or an authorized servicer approved by Musco. Services performed under this Contract shall consist of furnishing labor and parts necessary to restore the operation of the covered Product(s) to original design criteria provided such service is necessitated by failure of the covered Product(s) during normal usage. This Contract covers Product(s) consisting of Musco's Light Structure -2i°". "We", "us ", and "our" mean Musco. "You" and "your" mean the purchaser of the covered Product(s). No one has the authority to change this Contract without the prior written approval of Musco. Musco shall not assume responsibility for their agents or assignees other than as described below. If there is a conflict between the terms of this Contract and information communicated either orally or in writing by one or more of our employees or agents, this Contract shall control. Additional Provisions 1. When Assistance is Needed for Product Failure: When you need assistance; call 1 -877- 836 -2582. A telephone diagnosis will be performed prior to the dispatch of an authorized servicer, if required. 2. Availability of Service: Service shall be available and rendered during the hours of 8 AM to 5 PM Central Time, Monday through Friday (with the exception of national holidays). Hours of operation are subject to change without notice to you. Musco will exercise all reasonable efforts to perform service under this Contract, but will not be responsible for delays or failure in performing such services caused by adverse weather conditions, acts of any government, failure of transportation, accidents, riots, war, labor actions or strikes or other causes beyond its control. 3. Coverage Provided: This Contract provides coverage only for the Product(s) listed above. The provisions of this Contract provide for the repair of the Product(s) resulting from failures that occur from normal usage. a. NON- REPAIRABLE PRODUCT(S): Musco will be solely responsible for determining if a covered product is non - repairable. Musco shall replace such Product(s) with product(s) of like kind and quality. b. REPLACEMENT PARTS: The selection of replacement parts or components shall be at the sole discretion of Musco. The use of NON - ORIGINAL MANUFACTURER PARTS is allowed under this Contract. c. COVERAGE AREA: This Contract covers Product(s) purchased and used during the term of this Contract and during Contract extensions, if any, in the continental USA, Alaska, Hawaii, Canada and Mexico. d. LAMP REPLACEMENT: 1) All of the lamps covered under this Contract will be replaced in the 10th year of service or at the end of their useful life, whichever comes first. 2) Individual lamps will be replaced when more than 10% of the lamps used to illuminate one field have failed, or, in the sale opinion of Musco, when the usage of the field is materially impacted. 4. Your Requirements Under this Contract: You must meet all electrical requirements as specified by the manufacturer. In addition, you promise and assure: full cooperation with Musco, Musco's technicians and authorized servicers during telephone diagnosis and repair of the covered Product(s); accessibility of the covered Product(s); a non - threatening and safe environment for service. 5. Service Limitations - This Contract does not cover: a. Maintenance, repair or replacement necessitated by loss or damage resulting from any external causes such as, but not limited to, theft, environmental conditions, negligence, misuse, abuse, improper electrical /power supply, unauthorized repairs by third parties, attachments, damage to cabinetry, equipment modifications, vandalism, animal or insect infestation, computer viruses, software defects, software generated problems, physical damage to covered Products parts or components, or acts of God /nature (including, but not limited to: earthquake, flood, tornadoes, typhoons, hurricanes, or lightning.). Number of Group Lamp Replacements: b. Any repairs or replacements resulting from the failure or inability of covered Products to correctly recognize, process, interpret, distinguish, or accept date data related to the century change or data field recognition of a century prior to, during or after calendar year 2000 AD. This includes hardware, software and firmware, as well as all other electronic equipment or components. 6. Contract Limitations: a. EXCLUSIONS FROM COVERAGE: IN NO EVENT WILL MUSCO BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHICH INCLUDE, BUT ARE NOT LIMITED TO. ANY DELAY IN RENDERING SERVICE OR LOSS OF USE DURING THE REPAIR PERIOD OF THE PRODUCT(S) OR WHILE OTHERWISE AWAITING PARTS. b. LIMITATION OF LIABILITY: To the extent permitted by applicable law, the liability of Musco, if any, for any allegedly defective covered Product(s) or components shall be limited to repair or replacement of the Product(s) or components at Musco's option. THIS CONTRACT IS YOUR SOLE EXPRESS WARRANTY WITH RESPECT TO THE COVERED PRODUCTS(S). ALL IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCT(S) INCLUDING, BUT NOT LIMITED T0, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY EXCLUDED. Cancellation: You may cancel this Contract at any time for any reason. To cancel you must notify Musco in writing of your desire to cancel this Contract. Musco will accept your cancellation notice and determine the amount of any applicable refund. Mail your notice of cancellation to Musco Lighting, Inc. Warranty Department, 100 1st Avenue West, Oskaloosa, IA 52577. Your refund will be calculated on a pro -rata basis less any claims paid. If Musco cancels this Contract, for any contractual reason, you shall receive a pro - rata refund. Written notice of cancellation shall be sent to you 30 days prior to cancellation. Reasons for cancellation by Musco, include, but are not limited to, your substantial alteration of the Product, your denial of reasonable access for maintenance, or your usage beyond the terms of the Contract. Notice shall state the effective date and reason for cancellation. 8. Transfer and Assignment: You shall not have the right to assign or otherwise transfer your rights and obligations under this Contract except with the prior written consent of Musco, provided, however, that a successor in interest by merger, operation of law, assignment or purchase or otherwise of your entire business shall acquire all of your interests under this Contract. 9. Governing Law: Unless otherwise governed by applicable state law, the Contract shall be interpreted and enforced according to the laws of the State of Iowa. 10. Subrogation: In the event Musco repairs or replaces any covered Product(s), parts or components due to any defect for which the manufacturer or its agents or suppliers may be legally responsible, you agree to assign your rights of recovery to Musco. You will be reimbursed for any reasonable costs and expenses you may incur in connection with the assignment of your rights. You will be made whole before Musco retains any amounts it may recover. 11. Insurance: This Contract is insured by Steadfast Insurance Company, 1400 American Lane, Schaumberg, Illinois 60196. If your valid claim is not resolved as provided in this Contract within 60 days of filing your claim with us you may submit your claim directly to Steadfast Insurance Company, Contractual Liability Dept. at the above address or by calling 888 - 649 -3819. 12. State- Specific Provisions: The following terms apply only to the extent they modify the forgoing terms and only as to Contracts purchased in the states indicated: a. Connecticut: This Contract is automatically extended while the product is being repaired. Resolution of Disputes: You may pursue arbitration to resolve disputes between you and us by mailing a complaint to: State of Connecticut, Insurance Department, P.O. Box 816, Hartford, CT 06142 -0816, Attn. Consumer Affairs. The complaint must describe the dispute, identify the price of the product and cost of repair, and include a copy of this Contract. b. Newyork: If no claim has been made under this Contract, you may return this Contract within 20 days of the date the Contract was mailed to you, or within 10 days of delivery if the Contract was delivered to you at the time of sale. In such case, this Contract will be void and we will refund to you the full amount of the purchase price of this Contract. ©2000 Musco Lighting, Inc. W10C3S CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: 1 -9 -03 Meeting Date: 2 -6 -03 Resolution: 20 -2003 Equipment Purchases — Hector Company Subject/Agenda Item: Purchase of field maintenance equipment for Mirasol Park from the Hector Turf Company in the amount of $64,744.65 [X] Recommendation to APPROVE [ I Recommendation to DENY Reviewed by: Originating Dept.: Costs: $64,744.65 Council Action: (Total) Allan Owens Jack D g m Finance Director / ' _ Community Se [ ]Approved $ [ ]Approved w/ Current FY conditions [ ] Denied Len Rubin Advertised: City Attorney Funding Source: [ ] Continued to: Date: [ ] Operating Attachments: ❑ Memo dated 1 -9 -03 Paper: [ X ] Other ❑ Toro 4500D Recreation Impact Funds City of Boca Raton bid ❑ Toro 228D Florida State bid ❑ Toro Sand Pro GSA bid ❑ Infield Conditioner Palm Beach C.C. bid Submitted by: Vie [ X ] Not Required Kelly Parks Division Affected parties X 1 N tified Budget Acct. #: 03- 2000.572.6400 [ ] None Ap d by: o Ferr' [ ] Not required City Manager m CITY OF PALM BEACH GARDENS MEMORANDUM TO: Fleet Committee THROUGH: Jack Doughney, Community Services Administrator DATE: January 9, 2003 FROM: Mike Kelly, CPRP, Parks Division Director SUBJECT: Equipment Purchases The following are equipment purchase requests for field maintenance operations at the new Mirasol Park. The park is intended to begin operations in March 2003. Two vendors, Hector Turf (Toro) and Turner Outdoor (John Deere) have been selected. The selections have been reviewed and approved for purchase by the Fleet Committee. Equipment Vendor Cost Warranty Funding Toro 45001) Hector Turf $39,084 1 year Rec. Impact 5 Deck Rotary 3 yr. extended Sports Turf Mower Justification: Mower required to maintain high quality Bermuda grass. Only effective rotary mower on the market that cuts to acceptable sports levels. Bid: City of Boca Raton Toro 228D Hector Turf $13,402.09 1 year Rec. Impact 62" Deck Rotary 3 yr. extended Justification: Mower to be utilized in the non- sports turf areas of the park. Bid: Florida State Contract Toro Sand Pro Hector Turf $10,308.56 1 year Rec. Impact Hydraulic 3 wheel Dr. 3 yr. extended Infield Conditioner Hector Turf $1,950 Attachment Rec. Impact Justification: Athletic field groomer required for use on baloeld along with rake conditioner attachment. Bid: Sand Pro — GSA Infield Conditioner — Palm Beach C.C. Sub Total: $64,744.65 John Deere Turner Outdoor $14,695.20 2 year Rec. Impact Pro Gator Utility Vehicle Justification: Utility vehicle for general parks use in hauling and general transportation. Bid: Orange County School Board Total: $79,439.85 CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 20, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE PIGGYBACK PURCHASE OF FIELD MAINTENANCE EQUIPMENT FOR USE AT MIRASOL PARK; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City Staff has recommended the purchase of the following field maintenance equipment for use at the Mirasol Park: 1. Toro 4500D 5 Deck Rotary Sports Turf Mower 2. Toro 228D 62" Deck Rotary Mower 3. Toro Sand Pro Hydraulic Three Wheel with Infield Conditioner WHEREAS, City Staff has recommended purchasing the field maintenance equipment at a total cost of $64,744.65 utilizing impact fee funds by piggybacking City of Boca Raton Bid No. 2002 -023, State Contract No. 515 - 630- 00 -01, and Palm Beach Community College Bid No. 01/02 -3. WHEREAS, the City Council has deemed approval of this Resolution to be in the best interests of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council hereby approves the purchase of the Toro 4500D 5 Deck Rotary Sports Turf Mower; the Toro 228D 62" Deck Rotary Mower; and the Toro Sand Pro Hydraulic Three Wheel with Infield Conditioner at a total cost of $64,744.65 and authorizes City Staff to take all actions necessary to effectuate said purchase. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon adoption. -1- Date Prepared: 1 -16 -03 Page: 2 PASSED, ADOPTED AND APPROVED this 6th day of February____, 2003_ ATTEST: PATRICIA SNIDER, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUBIN CITY ATTORNEY MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK CKlIVjjx'l 1 N1 —11-14 l' 3.0611 COUNCILMEMBER DELGADO MAYOR JABLIN AYE NAY ABSENT TOA0. Count on it. lie �s. Y= 2^".a?�icc� j4i�s �Ay- +�.yM ° t � �,,, � x - a_T ♦�" � +�.., s #txx `� e � .� tv � e"wrY � � � `.�j`^`i� '+ `t` Y : s: .{. ,.+ ♦ t a4Y a s R2 M'S "F werful rotary mower`s that deliver; s .t 4 pres.$TV cutting? quality f w t 4 t s �r t ; i K c• '� 5t � ° �c s4F '.*t t `� -<'t 5yS 1 x'f2t ,,.n werful rotary mower`s that deliver; s .t 4 pres.$TV cutting? quality f w t 4 Engine Fuel Capacity Traction Drive Ground Speed Tires Groundsmaster® 4500 -D & 4700 -D Kubota® V2003T, 4- cylinder, 117 ft. -lbs. of torque, turbo diesel, 122 cu. in. (2.0 liter), 60 hp (45 kw) gross, 58 hp (43.5 kw) net, governed to 2600 RPM. 21 gallons (79.5 liters) diesel fuel. Full -time, bi- directional, 4 -wheel drive hydrostatic transmission powers a hydrostatic motor at each Front wheel w /planetary drive reduction, rear mechanical axle powered by a hydrostatic motor. 13 mph (20.8 km /h) transport, 7 mph (11.2 km /h) mow. Front: 29 x 14 -15, 6 -ply ultra -trac tread. Rear: 20 x 12 -10, 6 -ply multi -trac tread. Mechanically actuated, internal wet disc brake on input to each planetary drive. Power steering with dedicated power source. p - Anti -seal Features r � i GSA Corporate Contract GS- OOF -0087M Price List: Golf & Grounds toro.com : Golf Course Mgmt / Grounds & Sports Turf - effective 9/1/2002 Model Number Description SIN C3750 (includes all model numbers described herein) GSA Price Groundsmaster® 4500 -D / 4700 -D Mafia Components - most choose one or wore from each Traction Unit 30856: Groundsmaster® 4500 -D (includes all 5 decks) $36;484:61 30868 Groundsmaster® 4700 -D (includes all 7 decks) $43,367.78 Seats .30398' Milsco Seat $242.50 °' .30396 Deluxe Seat Suspension Kit $370:46 Other Opti0na1ACC ssories /Components Accessories 30707 Arm Rest Kit $101.18 30828 Deck Mulching Kit (order 1 per deck) $34.53 105 -4089 High Height of Cut Blade $12.94 17 GSA Corporate Contract GS- OOF -0087M Price List: Golf & Grounds toro.com : Golf Course Mgmt / Grounds & Sports Turf - effective 9/1/2002 Model Number Description SIN C3750 (includes all model numbers described herein) GSA Price Groundsmaster® 4500 -D / 4700 -D Main Componefift - Most choose one or more from each Traction Unit 30856 Groundsmaster® 4500 -D (includes all 5 decks) 30868 Groundsmaster® 4700 -D (includes all 7 decks) seats 30398 Milsco Seat 30396 Deluxe Seat Suspension Kit 0 th ei Op ti o n a/ A c c es s oii a s /Components Accessories 30707 Arm Rest Kit 30828 Deck Mulching Kit (order 1 per deck) 105 -4089 High Height of Cut Blade 17 $36,484.61 $43,367.78 $242.50 $370.46 $101.18 $34.53 $12.94 YUKl.11LiJ>r victii%n CITY OF BOCA RATON 201 W. PALMETTO PARK RD. BOCA RATON, FLORIDA 33432 -3795 PHONE: (561) 393 -7871 n ° c FAX: (561) 393 -7983 2430 TO: HECTOR TURF 1301 NORTHWEST 3RD STREET DEERFIELD BEACH, FL 33442 017139 ITHIS NUMBER MUST APPEAR ON ALL INVOICES, I PACKING LISTS, LABELS, BILLS OF LADING & CORRESPONDENCE. SHIP CITY OF BOCA RATON TO: MUNICIPAL SVGS COMPLEX PARKS SHOP,DISTRICT II 2500 N.W. 1ST AVE BLDG B BOCA RATON, FL 33431 REMARKS: ALL TERMS, CONDITIONS, PRICING, AND SPECIFICATIONS OF BID NO. 2002 -023 SHALL APPLY. COORDINATE DELIVERY WITH DALLAS MITCHELL, 561 -416- 3365. VENDOR TO CONTACT AT LEAST 24 HOURS PRIOR TO SHCEDULED DELIVERY COUNCIL ACTION: 3 —A -2, 2/12/02 AUTHORIZED BY NUU I ENT CY O CPPB JUICE T(): "If items purchased are classified as tolac or hazardous substances under Chapter 442 - )'ure to reference P.O. 1Vo_ may result in delayed PAYMEN7) Florida Statutes, vendor must submit copies of MSDS for each substance to the delivery ­y of Boca Raton, Financial Services Department location at time of shipment_ Products must be identified and labeled in accordance with 201 W_ Palmetto Park Road OSHA standards. Failure to comply with these requirements will result in delay of Boca Raton, Florida 33432 -3795 payment until compliance is made. All terms and conditions identified on the backside of FEDERAL EXCISE TAX EXEMPTION 59 -6000279 this purchase order shall apply." FLORIDA STATE USER TAX EXEMPT NO. 60-03-113533-54C J1A1VIlAK1) 1L'K1ViJ A1ViJ l V1Vll111V1V� 'BID NUMBER: 2002 -023 DATE: December-27,2001 BID TITLE: FIVE GANG ROTARY MOWER BIDS MUST BE RECEIVED ON OR BEFORE 3:30 P.M.,. January 10, 2002 AT WHICH TIME BIDS WILL BE OPENED 1. GENERAL INFORMATION These documents constitute the complete set of specification requirements and bid forms. The Bid Proposal including all bid sheets and attachments must be filled in, executed and submitted in a sealed envelope bearing the bid number on the outside and mailed or presented to the Purchasing Office on or before the specified time and date. The face of the envelope shall contain the return address, the date and time of bid opening, the bid number and title. It is the sole responsibility of the bidder to ensure that his or her bid reaches the Purchasing Office on or before the closing date and time. The City shall in no way be responsible for delays caused by any other occurrence. Offers by telephone, telegram or facsimile shall not be accepted. The bid time must be and shall be scrupulously observed. Under no circumstances shall bids delivered after the time specified be considered. Such bids will be returned to the vendor unopened. The bids will be publicly opened in the Purchasing Office, City Hall, 201 W. Palmetto Park Road, Boca Raton, Florida, in the presence of City officials on the date and at the time specified on the bid form. All bidders or their representatives are invited to be present. All bids must be typewritten or written in ink, and must be signed in ink by an officer or employee having authority to bind the company or firm. Bidders shall not be allowed to modify their bids after the opening time and date. Bid files may be examined during normal working hours, after bid opening, by appointment only. For information concerning this bid, please contact: CITY OF BOCA RATON PURCHASING OFFICE CITY HALL 201 West Palmetto Park Road Boca Raton, Fl 33432 (561- 393 -7871) 2. LEGAL REQUIREMENTS Bidders are required to comply with all provisions of Federal, State, County and local laws and ordinances, rules and regulations, that are applicable to the items being bid. Lack of knowledge by the Bidder shall in no way be a cause for relief from responsibility, or constitute a cognizable defense against the legal effect thereof. PUBLIC ENTITY CRIMES - In accordance with the provisions of paragraph (2)(a) of Section 287.133, Florida Statues, "a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.' DRUG FREE WORKPLACE PROGRAMS - Preference shall be given to business with Drug -Free Work Place programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City for the procurement of commodities or contractual services, a bid received from a business / that completes the attached DFW form certifying that it is a DFW shall be given preference in the award process. PROCUREMENT CODE - This bid is governed by the City procurement Code. A TC -1 copy of the Procurement Code is available for your review at the City Purchasing office. Any protests or disputes pursuant to this bid and /or contract award shall be governed by the procedures noted in the Procurement Code. CODE OF ETHICS - If any bidder violates or is a party to a violation of the code of ethics of the City of Boca Raton and the State of Florida with respect to this bid, such bidder may be disqualified from performing the work described in this bid or from furnishing the goods or services for which the bid is submitted and shall be further disqualified from bidding on any future bids for work or for goods or services for the City of Boca Raton. A copy of the City and State Ethics Codes is available at the office of the City Clerk, City of Boca Raton, 201 W. Palmetto Park Road, Boca Raton, Florida. 3. FEDERAL AND STATE TAX The City of Boca Raton is exempt from Federal and State Taxes for tangible personal property. The Purchasing Office will supply the successful bidder with an exemption certificate. Vendors or contractors doing business with the City of Boca Raton shall not be exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the City, nor shall any Vendor /Contractor be authorized to use the City's Tax Exemption Number in securing such materials. 4. ACCEPTANCE /REJECTION The City of Boca Raton reserves the right to accept or to reject any or all bids and make the award to that bidder, who in the opinion of the -City will be in the best interest of and /or the most advantageous to the City. The City of Boca Raton also reserves the right to reject the bid of any vendor who has previously failed in the proper performance of an award or to deliver on time contracts of a similar nature or who is not in a position to perform properly under this award. The City of Boca Raton reserves the right to inspect all facilities of bidders in order to make a determination as to the foregoing. The City of Boca Raton reserves the right to waive any irregularities and technicalities and may, at it's discretion, request a re- bid. 5. ALTERNATIVES /APPROVED EOUAL /DEVIATIONS Unless otherwise specified, the mention of the particular manufacturer's brand name or number in the specifications does not imply that this particular product is the only one that will be considered for purchase. This reference is intended solely to designate the type or quality of merchandise that will be acceptable. Alternate offers will be considered and must include descriptive literature and /or specifications. Failure to provide descriptive literature and /or specifications with alternate offers may be cause for disqualification of the bid. The determination as to whether any alternate product or service is or is not equal shall be made by the City of Boca Raton and such determination shall be final and binding upon all bidders. Although the City of Boca Raton provides for the consideration of alternate bids, it reserves the right to make an award in the best interest of the City. Such award may not necessarily be given to the lowest bid offered. The bidder shall be responsible for reading very carefully, and understanding completely, the requirements and the specifications of the items bid upon. Any deviation from specifications listed herein must be clearly indicated, otherwise it will be considered that items offered are in strict compliance with these specifications, and the successful bidder will be held responsible therefore; deviations must be explained in detail on an attached sheet(s) and itemized by number. Any item or items that do not meet City specifications upon delivery will not be accepted and if the item cannot be brought up to specifications in a reasonable time, the bidder will be required to compensate the City for difference in price entailed in going to the next low bidder. Where more than one item is listed, any items not bid upon shall be indicated "NO BID ". If no items are bid on, the "Statement of NO BID" should be returned, with the envelope plainly marked "NO BID" and with the bid number. Failure to do so will be an indication that the bidder does not wish to be considered for future bids_ 7. NON - COLLUSION Bidder certifies that this bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a bid for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. No premiums, rebates or gratuities permitted; either with, prior to or after any delivery of material or provision of services. Any such violation may result in contract cancellation, return of materials or discontinuation of services and the possible removal from the vendor bid list(s). 8. CONFLICT OF INTEREST The award is subject to provisions of State Statutes and City Ordinances. All bidders must disclose with their bid the name of any officer, director, or agent who is also an employee of the City of Boca Raton. Further, all bidders must disclose the name of any City employee who own, directly or indirectly, an interest of ten percent (10) or more in the bidders firm or any of it's branches. 9. UNIFORM COMMERCIAL CODE The Uniform Commercial Code (Florida Statues, Chapter 672) shall prevail as the basis for contractual obligations between the awarded contractor /vendor and the City of Boca Raton for any terms and conditions not specifically stated in the Invitation to Bid. 10. MISTAKES In the event of extension error(s), the unit price will prevail and the bidder's total offer will be corrected accordingly. In the event of addition errors, the extended totals will prevail and the bidder's total will be corrected accordingly. Bidders must check their bid proposal where applicable. Failure to do so will be at the bidder's risk. Bids having erasures or corrections must be initialed in ink by the Bidder. 11. AVAILABILITY OF FUNDS The obligations of the City of Boca Raton under this award are subject to the availability of funds lawfully appropriated for its purpose by the State of Florida and the City of Boca Raton. 12. EEO STATEMENT The City of Boca Raton is committed to assuring equal opportunity in the award of contracts and, therefore, complies with all laws prohibiting discrimination of the basis of race, color, religion, national origin, age and sex. 13. BID TABULATION Bidders desiring a copy of the bid tabulation of the Invitation to Bid may request same by enclosing a self- addressed, stamped envelope with their bid. 14. BID FORNIS All bid proposals must be submitted on our standard Invitation to Bid form. Bid proposals on vendor quotation forms will not be accepted. 15. POSTING OF BID TABULATIONS Bid tabulations will be posted, for review by interested parties, at the Purchasing Division prior to submission through the appropriate approval process, and will remain posted for a period of six (6) days (excluding Saturdays, Sundays and legal holidays) after the bid submittal deadline date. Failure to file a protest within the time prescribed in the Procurement Code shall constitute a waiver of proceedings under the referenced Code. i 16. CONTRACTUAL AGREEMENT This Invitation to Bid shall be included and incorporated in the final award. The order of contractual precedence will be the purchase order or blanket purchase order, bid document and response. Any and all legal action necessary to enforce TC -2 agreement required by vendor must be enclosed at time of bid response submittal. 17. If a vendor subcontracts any portion of a contract for any reason, he must state the name and address of the subcontractor and the name of the person to be contacted on the attached "Schedule of Contractors'. The City of Boca Raton reserves the right to accept or reject any or all bids wherein a subcontractor is named and to make the award to the bidder, who, in the opinion of the City, will be in the best interest of and /or most advantageous to the City. The City of Boca Raton also reserves the right to reject a bid of any bidder if the bid names a subcontractor who has previously failed in the proper performance of an award or failed to deliver on time contracts of a similar nature, or who is not in a position to perform properly under this award. The City of Boca Raton reserves the right to make the determination as to the foregoing. 18. INVOICING AND PAYMENT Payment for any and all invoice(s) that may arise as a result of a contract, or purchase order issued pursuant to this bid specification shall minimally meet the following conditions to be considered as a valid payment request: (a) A timely submission of a properly certifiable invoice(s), in strict acco� ad—nce with the prices) and delivery elements as stipulated in the contract or purchase order document, submitted to: The City of Boca Raton, Finance Department City Hall, 201 W. Palmetto Rd, Boca Raton, Fl. 33432 (b) All invoices submitted shall consist of an original and one (1) copy; clearly reference the subject contract or purchase order number; provide a sufficient salient description to identify goods or service for which payment is requested; contain date of delivery; original or legible copy of signed delivery receipt including both manual and printed name of a designated City of Boca Raton employee or authorized agent; be clearly marked as "partial% "complete" or "final" invoice. (c) The invoice shall contain the Bidder's Federal Employer Identification number. (d) City terms are "Net 30 days" after acceptance of goods or services and receipt of an acceptable invoice as described herein. Any other terms of payment must have been previously approved by the City of Boca Raton and appear on the contract or purchase order document to be binding upon the City. 18. COMPLIANCE WITH CITY OF BOCA RATON ORDINANCE Awarded vendor shall comply with all applicable Boca Raton City Ordinances, including 16 -57, "Display of Identification on Trucks and Related Commercial Vehicles ", which mandates vehicles be designated by lettering of two inches minimum size on either side of the vehicle indicating the name and address of the person owning or operating the same for commercial use. ANY AND ALL SPECIAL CONDITIONS AND SPECIFICATIONS ATTACHED HERETO WHICH VARY FROM THESE GENERAL CONDITIONS SHALL HAVE PRECEDENCE. trig No. 2002 -023 FIVE GANG ROTARY MOWER 1. INSTRUCTIONSTO BIDDERS The City of Boca Raton, Florida is hereby requesting sealed bids from qualified bidders for one (1) Five Gang Rotary Mower, which will be received by the City of Boca Raton until 3:30 p.m. prevailing time on January 10. 2002, at the Purchasing Office, City Hall, 201 West Palmetto Park Road, Boca Raton, Florida 33432. Bidders must follow the City of Boca Raton visitor security access procedures when hand delivering bids. Bidders should allow at least 30 minutes to follow the below visitor procedures. 1. Enter building through the front entrance door (East side of City Hall Building) 2. Present photo identification and sign -in at the front desk at which time a visitor badge will be provided 3. Proceed to the Purchasing Division Office, Room 105 4. Present bid in the Purchasing Division for official date /time stamp prior to the closing date and time Bids shall be publicly opened and read aloud immediately thereafter. This bid package contains 15 pages including pages TC -1 and TC -2. Bidders are responsible for verifying that they have received all bid pages. Bidders are requested to submit an original and one copy of both their bid document and two copies of product literature for review by the City. Any ambiguities or inconsistencies should be brought to the attention of the City through written communication with the City five days prior to the opening of the proposals. This equipment will be used in City parks by grounds maintenance staff. 2. INFORMATION Any questions by prospective bidders should be directed to Nancy Halloran, Buyer for the Purchasing Division, (Telephone Number 561 - 393 -7872) who is authorized only to direct inquiries to various portions of the bid so bidders may read and interpret such for themselves. No authorization is allowed by any City of Boca or Purchasing Division personnel to interpret, or give information as to bid requirements in addition to that, which is contained in the written bid document. Interpretations of the bid or additional information as to its requirements where necessary, shall be communicated to bidders only by written addendum after written requests have been received from the bidder. All written requests must be received five (5) days prior to bid opening. This includes any requests for possible amendments to the specifications. Questions may be faxed using City fax number (561) 393 -7983. 3. ADDENDUMS Changes in specification requirements will be issued in official addendum(s). The issuance of written addendum(s) is the only official method whereby interpretation, clarification changes or additional information can be given. If any addendum(s) are issued, the City will attempt to notify all known prospective bidders by fax or by mail. However, it shall be the responsibility of each bidder, prior to Bid submittal to contact the Purchasing Division at (561) 393 -7871 to determine if any addendum(s) were issued and to make such addendum(s) a part of the Bid. The City shall not be responsible for providing said addenda to potential bidders who receive a bid package from other sources. 4. QUALIFICATIONOF BIDDERS This bid shall be awarded only to a responsive and responsible bidder, qualified to provide the equipment specified. The bidder should submit the following information with their bid package to be considered responsive in order for the City to fully evaluate the firms qualifications. Bidder may submit the requested information on the city provided forms attached hereto. Failure to fully submit the requested information may result in the bid being considered non - responsive. 01U 1AU. GUUL -UL3 A. List three (3) references who have purchased from your firm the same or a similar type of fairway mower in the past year. References must possess the date each piece of equipment was sold and the name, address, and phone numbers of person's to contact. B. Bidder must list factory authorized Florida vendors offering replacement parts and repair services for the equipment being offered. C. Number of years organization has been in business. D. Bidder to indicate the name, title and phone numbers of the person(s) to be contacted for placement of order, coordination of services, comments and /or questions. E. Copy of bidder's occupational license. 6. EQUIVALENTSNARIATIONSTO SPECIFICATIONS Items specified by a manufacturer's name are intended to establish the level of quality, performance and characteristics desired and is not intended to limit or_restrict competition. .-Items of equal--or-higher quality to those specified may be submitted as an equivalent. Each bidder offering a substitute other than the brand specified must submit with his proposal, descriptive literature and /or complete specifications covering the products offered and detail areas where specifications differ. Product literature shall clearly show specifications for each of the items detailed. Reference to literature submitted with a previous bid will not satisfy this provision. Bids which do not comply with these requirements shall be subject to rejection. The determination as to whether any alternate product is or is not equal shall be made by the City of Boca Raton and such determination shall be final and binding upon all bidders. 7. WARRANTY The successful bidder shall provide full manufacturer warranty on all equipment furnished against defect in materials and /or workmanship. Warranty period shall start from the date of delivery and acceptance by the City of Boca Raton. Should any defect in materials or workmanship, excepting ordinary wear and tear, appear during the above stated warranty period, the successful bidder shall repair or replace same at no cost to the City of Boca Raton, immediately upon written notice from the department. Warranties shall be indicated on the bid sheet and enclosed with bidder's bid package submittal Failure to provide warranties with bid package may result in your bid being considered non - responsive. 8. LICENSES All businesses in the City of Boca Raton are required to obtain a City of Boca Raton Occupational License at an approximate annual cost of $105 excluding first time application fees. For further information regarding license fees, call (561) 393 -7937. All other businesses must show proof of a current Occupational License for the business location, unless exempt. A copy of the license or proof of exemption shall be submitted prior to commencement of work. 9. DRUG -FREE WORKPLACE Preference shall be given to businesses with Drug -Free Work Place programs. Whenever two or more proposals which are equal with respect to price, quality, and service are received by the City for the procurement of commodities or contractual services, a proposal received from a business that completes the attached DFW form certifying that it is a DFW shall be given preference in the award process. 10. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH Bidder certifies that all material, equipment, etc., contained in his bid meets all O.S.H.A. requirements. Bidder further certifies that, if he is the successful bidder, and the material, equipment, etc., delivered is subsequently found to be deficient in any O.S.H.A. requirement in effect on date of delivery, all costs necessary to bring the material, equipment, etc., into compliance with the aforementioned requirements shall be borne by the bidder. 2 0IU IVU. LVUG-V40 11. INDEMNIFICATION /HOLDHARMLESS AGREEMENT The CONTRACTOR hereby acknowledges and confirms that the bid price total includes the consideration for indemnification /hold harmless provision. Furthermore, CONTRACTOR shall, in addition to any other obligation to indemnify the CITY and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the CITY, their agents, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), and costs arising out of any actual or alleged: a). Bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting therefrom, or any other damage or loss arising out of or resulting, or claimed to have resulted in whole or in part from any actual or alleged act or omission of the CONTRACTOR, any sub contractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable in the performance of the WORK; or b). violation of law, statute, ordinance, governmental administration order, rule, regulation, or infringement of patent rights by CONTRACTOR in the performance of the Work; or c). liens, claims or actions made by the CONTRACTOR or any subcontractor or other party performing the Work. The indemnification obligations hereunder shall not be limited by any limitation on the amount, type of damages, compensation or benefiits_pay_able_by or for--the Contractor or any subcontractor under workers compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any costs or expenses, including attorney's fees, appellate, bankruptcy or defense counsel fees incurred by the City of Boca Raton to enforce this Indemnification Clause shall be borne by Contractor. The obligations contained in this indemnification Clause shall continue indefinitely and survive the cancellation, termination, expiration, lapse or suspension of this agreement. 12. DEFINED TERMS Terms used in these Instructions to Bidders are defined and have the meaning assigned to them. The term "Bidder" means one who submits a Bid directly to the City as distinct from a Sub - Contractor, who submits a Bid to the Bidder. The term "Successful Bidder" means the best, qualified, responsible and responsive Bidder to whom the City (on the basis of City's evaluation as hereinafter provided) makes an award. The term "City" refers to the City of Boca Raton, a municipal corporation of the State of Florida. The term "Contractor" shall mean the individual(s) or firm to whom the award is made or also referred to as the Successful Bidder. 13. COMPETENCYOF BIDDERS Pre -award inspection of the bidder's facility may be made prior to award of Contract. Bids will be considered only from firms which are regularly engaged in the business of providing the goods as described in this Bid and who can provide evidence that they have established a satisfactory record of performance to insure that they can satisfactorily execute the services under the terms and conditions stated herein. Bidders must be authorized dealers of the brand of equipment proposed in this bid. The term "equipment and organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practices in the industry and as determined by the proper authorities of the City. 14. EVALUATION AND AWARD Once the Bids are opened, the Bids will be evaluated by City Personnel taking into consideration bidder's offering, conforming of bid, price, compliance with stated specifications, quality, equipment, delivery,. warranties, demonstrations (where applicable), availability of Florida authorized service facilities along with Bidder's qualifications, adequate organizations and personnel to ensure prompt and efficient performance of work to the City. The City will determine which Bidders are "responsible and responsive ". Subject to the appropriation of funds, a recommendation will then be presented to the City Council which conforms to all requirements herein and whose evaluation by the City indicates to the City that the award will be in the best interest of the City. The City is the sole judge in evaluation considerations. The City KI Diu NO. LUUL-ULJ reserves the right to award on an all or none basis or item by item basis. The Contract will be awarded only to responsible Bidders licensed and qualified by experience to supply the equipment specified herein. Bidder warrants to City that it is not insolvent, it is not in bankruptcy proceedings or receivership, nor is it engaged in or threatened with any litigation, arbitration or other legal or administrative proceedings or investigations of any kind which would have an adverse effect on its ability to perform its obligations under the Contract. 15. ACCEPTANCE /REJECTIONOF BIDS The City of Boca Raton reserves the right to accept any or all bids and make the award to that bidder, which in the opinion of the City, is judged to be the most responsive, responsible and will be in the best interest and /or the most advantageous to the City. The City of Boca Raton also reserves the right to reject the bid of any vendor who has previously failed in the proper performance of an award or to deliver on time contracts of a similar nature, who has been suspended or disbarred from doing business with the City, or who is not in a position to perform properly under this award. The City of Boca Raton reserves the right to inspect all facilities of bidders in order to make a determination as to the foregoing. The City of Boca Raton reserves the-right to waive- any -irregularities and technicalities and may, at its discretion, request more pertinent clarification or a re -bid. 16. BACKGROUND INFORMATION The City reserves the right, before awarding the Contract to require a Bidder to submit such evidence of his /her qualifications as it may deem necessary, and may consider any evidence available to it as to the financial, technical and other qualifications and abilities of a Bidder, including past performance (experience) with the City. 17. REFERENCES As part of the Bid evaluation process, the City may conduct an investigation of references including a record check of consumer affairs complaints. Bidder's submission of a Bid constitutes acknowledgment of the process and consent to investigate. City is the sole judge in determining Bidder's qualifications. 18. PRICING All prices bid shall be effective for a minimum of 90 days after bid opening date. 19. DELIVERY The Awarded bidder will be required to deliver the proposed equipment within thirty (30) calendar days after receipt of purchase order from the City. All equipment is to be serviced prior to delivery and ready for immediate use by the City. All warranties shall begin at the time of delivery and final acceptance by the City 20. F.O.B. POINT The F.O.B. point shall be destination, prepaid. All costs associated with the delivery of a complete unit and all attachments to the City shall be paid for by the awarded vendor. The delivery location will be at the Municipal Complex, Building B, 2500 NW 151 Avenue, Boca Raton, FL 33431. 21. PAYMENT Partial billing will not be accepted. The City of Boca Raton will pay 100% of the contract price after all items have been delivered and accepted. The using Department will make final inspection of the equipment covered by this bid when it is delivered in all respects in accordance with specifications and must be approved before payment is made. Failure in the awarded bidder's responsibility as outlined will result in payment withholding until compliance is received and approval granted. Unsatisfactory items will be explained by the Using Department and corrections shall be completed within five (5) working days. Invoice must reflect purchase order number. 22. EQUIPMENT F11 L"lu 1,4u. LVVL.-vGa A. The scope of these specifications is to ensure the delivery and installation of a complete unit with attachments ready for operation. Omission of any essential detail from these specifications does not relieve the supplier from the furnishing and installation of a complete unit. B. All equipment must be new, of current manufacturer and in production at the time of bid opening, and carry standard warranties. The successful bidder must service all equipment prior to delivery. All equipment shall contain complete maintenance instructions, operating manuals and parts lists. C. Responses will be considered only on equipment which can be serviced and maintained by the bidder or an authorized Florida dealer if and when needed by the City. The bidder or authorized dealer must offer a normal supply of repair and maintenance parts and be equipped with personnel and facilities to provide such service as necessary to keep the equipment in operation with a minimum of delay. 23. ADVERTISING No emblem, logo,__tag_ or other device or design _promoting_the_dealer or contractor may be affixed -in any - emblem, to any unit delivered under this contract, except for emblems installed by manufacturer identifying manufacturer. 24. PERFORMANCE The City of Boca Raton heavily monitors the quality and performance of work performed and /or equipment furnished by the awarded vendor for future consideration and /or reference purposes. Sample of Vendor Performance Report may be provided to bidder for their review, upon bidder's request. The City may return, for full credit, any item(s) received which fail to meet the City's performance standards. 25. CANCELLATION Order will be subject to immediate cancellation if either product or service does not comply with specifications as stated herein or fails to meet the City's performance standards. 27. ASSIGNMENT Neither party to the Contract shall assign the Contract or subcontract it as a whole without the written consent of the other, nor shall the Contractor assign any monies due or to become due to him hereunder, without the previous written consent of the contracting City Department. 28. PURCHASING AGREEMENTS WITH OTHER GOVERNMENT AGENCIES All bidders submitting a response to this "Invitation to Bid" agree that such response also constitutes a bid to all political subdivisions of Dade, Broward and Palm Beach Counties in Florida, under the same conditions, for the same prices and the same effective period as this bid, should the bidder feel it is in their best interest to do so. Bidder must check "No" to this question on the Bidders Checklist if bidder does not agree to this term and condition. This agreement in no way restricts or interferes with the right of any political subdivision of the Tri- County Area in Florida to rebid any or all items. 5 Ulu IVO. LUUL -UL3 PRODUCT SPECIFICATIONS (Bidder to check box to identify compliance to each specification and submit with bid package) Per Item 5, Equivalents, bidder must provide complete specifications if bidding an alternate. FIVE GANG ROTARY MOWER RANSOMES AR -250 TURBO or EQUIVALENT Compliance Check Box ® Engine Kubota liquid - cooled diesel, 4- cylinder, 44.2HP @ 3000rpm, 91.44 cu. in (1,498 cc) displacement, pressurized lubrication system, with spin -on, full -flow filter © Cooling Ag -type radiator, 8 qt capacity, 16.5" diameter 8 -blade fan Electrical 12 volt, 20 amp alternator, key start ignition ® Traction Drive Full time 4 -wheel drive, directly coupled variable displacement pump, 4 -wheel drive valve on front and rear wheel motors ® Speed 0 — 8.5 mph forward, 0 — 4 mph reverse ® Cutter Drive Hydraulic cutting units driven with fixed displacement motors directly coupled to cutting blades ® Hydraulic System 8.3 gallon capacity, GreensCare biodegradable hydraulic fluid, 10- micron filtration, diagnostic hydraulic test ports ® Brakes Hydrostatic braking through traction drive, foot - operated, 10.25" x 1.75" band brakes on front wheels, foot - operated band parking brakes ® Steering Hydrostatic power steering to rear wheels with tilt wheel ® Wheelbase 58" 0 Weight 3,160 pounds ® Dimensions Length 122 ", Height 56 ", overall width 104 ", transport width 84" © Tires Two front — 26.5 x 14.00 -12, four ply turf tread; two rear — 20 x 10.00 -8, 4- ply turf tread ® Ground Pressure 14 psi ® Frame Heavy -duty formed steel chassis with box section rail frames ® Controls Key ignition switch, hand throttle, parking brake, forward /reverse foot treadle, infinitely variable speed control, cutter deck lift lever with automatic blade shutoff and safety interlock start, variable weight .transfer control ® Gauges Hour meter, fuel gauge, coolant temperature gauge, glow plug indicator, engine oil light, high hydraulic temperature light, battery light ® Operator Seat (standard) High back, vinyl- covered, armrests, fore and aft adjustment, adjustable suspension for operator weight ® Mower Deck Type Side discharge, fine -cut rotary COMPANY NAME: HECTOR TURF 6 t3la NO. LUUL -UZS PRODUCT SPECIFICATIONS (CONTINUED) (Bidder to check box to identify compliance to each specification and submit with bid package) ® Deck Number, size Five (5) mower decks, 22 inches each ® Cutting Blades 22 inch, heavy duty welded pressed steel ® Cutting Deck Lift Single lift to all units, intermediate and transport lift positions ® Cutting Deck Suspension Floating, steerable ® Real Rollers 4" diameter W- Height of Cut Env irodech= adjustable in .25" increments from .75" to 5.25 "; Side discharge - adjustable in .25" increments from .75" to 4 ", no tools needed for either deck to adjust height ® Cutting Width 98 inches ® Roll over protection Two post roll over protection structure with seatbelt ® Protection from Elements Sun Canopy ® Productivity 7.4 acres/hr at 7.5 MPH Company Name: HECTOR TURF 7 i t$10 NO. LUUL -UL3 BID FORM (Bidders must bid all items to be considered for award, unit pricing must include all shipping charges) ITEM DESCRIPTION QT No 2. Is a copy of the warranty information submitted for each item? I Y TOTAL PRICE BASE BID 1 Five Gang Rotary Mower, Ransomes AR -250 Turbo 1 ea $ with: • Rollover Protection Structure with Seatbelt, Ransomes #970078 • Sun Canopy, Ransomes #BMS250SUN OR MEETS /EXCEEDS SPECIFICATIONS Model & Mfg. Bid: 30856 / TORO Warranty Period: OPTIONS 2 -Year Limited BASE BID TOTAL: 1A Deluxe Operators Seat, Ransomes #970080 or Meets/ Exceeds Specifications Model & Mfg. Bid: INCLUDED GRAND TOTAL, BASE BID & OPTIONS 36,900.00 $ 36,900.00 1 ea $ INCLUDED Delivery time from receipt of P.O.: 30 DAYS $ 36,900.00 BIDDERS CHECKLIST All bids should be submitted on the City provided Bid Package forms. Failure to do so may cause the Bid to be Rejected. All blanks on the proposed forms must be completed. Supplemental information may be attached to the bid package forms. Bidder should return a complete set of all bid package forms as listed as follows. Failure to submit the required documents may result in your bid being considered non - responsive. 1. Is Qualification of bidders information included? (Items A - E) Yes X No 2. Is a copy of the warranty information submitted for each item? Yes X No 3. Is descriptive literature submitted for each alternate item bid? Yes X No 4. Is bidder's Occupational License information submitted? Yes X No 5. Is Drug Free Workplace form submitted? Yes X No 6. Are all bid pages signed? Yes X No 7. Is bidders certification form notarized and submitted? Yes X No 8. Is bid submitted in duplicate including literature (one original, one copy) Yes X No. 9. Are addendum (if any issued) submitted? Yes X No 5 j i I DIU IVO. ZUUZ -UZ3 COMPANY NAME: HECTOR TURF DATE: 1/9/02 BIDDERS CERTIFICATION (This form must be signed in the presence of a Notary Public or other officer authorized to administer oaths). The undersigned bidder certifies that this bid package is submitted in accordance with the specification in its entirety and with full understanding of the conditions governing this bid. HECTOR TURF Name of Bidder - 1301 -NW -3rd Street Street Address Deerfield Beach, Florida 33442 City, State, Zip WITNESSES: ignature (Written) V` James R. Mantey, President Signature (Printed, Title) January 9, 2002 954- 429 -3200 / 954- 725 -6701 Date Telephone / Fax No. 59- 2199514 Federal I.D. No. STATE OF: Florida COUNTY OF: Broward anent was ackno ged before me this 9 th day of uary 2002, by /Y% AJ) who is (who are) personally known tome o who has produced id0t;t and who did (did not) take an oath. NO I'AR,YPUBLIC SIGNATURE NOTARY NAME, PRINTED, TYPED OR STAMPED Commission Number:,... Ralph F Roth My Commission Expires: * F *My Commission CC742170 Expires May 13, 2002 ma No. LVUL -u1�3 QUALIFICATIONS OF BIDDERS (Additional sheets may be used if necessary) A. List three (3) references who have purchased from your firm the same or a similar type of mowing equipment. References must possess the date each piece of equipment was sold and the name, address and phone numbers of person's to contact. 1. Name of Firm, City, County, or Agency: CITY OF WEST PALM BEACH Address: West Palm Beach, FL 33402 Telephone: (561)659 -8044 Contact Bill Belohlauck Title: City Horticulturalist Indicate brand, model number and description of the equipment sold: TORO Groundsmaster 3500D, 30821 For City Use Only: Reference Verified: Yes_ No_ Comments: 2. Name of Firm, City, County, or Agency. SOUTH FORK HIGH SCHOOL Address: Stuart, FL 34997 Telephone: (561) 219 -1840 Contact Keith Kruger Title:Turfgrass Instructor Indicate brand, model number and description of the equipment sold: TORO Groundsmaster 3500D, 30821 For City Use Only: Reference Verified: Yes_ No_ Comments: 3. Name of Firm, City, County, or Agency: Address: Palm Beach, FL PALM BEACH PAR 3 Telephone: (561)533 -1170 Contact Stephanie Tannone Title: Superintendent Indicate brand, model number and description of the equipment sold: TORO Groundsmaster 3500D, 30821 City Use Only: Reference Verified: Yes_ No_ Comments: 10 tied No. 2002 -023 B. Bidder must list factory authorized Florida vendors offering replacement parts and repair services for the brand and model of equipment being offered. HECTOR TURF 1301 NW 3rd Street Deerfield Beach, FL 33442 C. Number of Years Organization has been in Business? 50+ D. Bidder to indicate the name, title and phone numbers of the person(s) to be contacted for placement of order, coordination of services, comments and /or questions. Chris Fordney -- Municipal Account Representative (954) 429 -3200 Steve Weber -- Service Manager (954) 429 -3200 Failure to submit the above requested information may cause bid to be considered non - responsive. COMPANY NAME: HECTOR TURF 11 Bid No. 2002 -023 STATEMENT OF NO BID Bid No.2002 -023 If you are not bidding on this service /commodity, please complete and return this form to: City of Boca Raton Purchasing Department, 201, W. Palmetto Park Road, Boca Raton, Florida 33432. Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the City of Boca Raton. COMPANY NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: We, the undersigned have declined to bid on because of the following reasons: REMARKS: Service /commodity Specifications too "tight ", i.e., geared toward brand or manufacturer only (explain below) Insufficient time to respond to the Invitation to Bid We do not offer this product or an equivalent Our product schedule would not permit us to perform Unable to meet specifications Unable to meet bond requirements Specifications unclear (explain below) Other (specify below) 12 Bid No. 2002 -023 DRUG-FREE WORKPLACE FORM Bid No. 2002 -023 The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that HECTOR TURF does: (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 1893 or of any controlled substance law of the United State or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above re irements. a- der's Signature January 9, 2002 Date 13 INFIELD PRO' 5020, 3020 & 2020 a. i r, T °"' •.'�. ;yam .r�-�' _ �`." _ .�-�,. z �•�c� �,-�- t`'. is � �, } � - � ��,��'�'4"i I •s n� 9 t' _' � ✓._•�. ,. >1� � � �'�"�" - _ � E =� &�� � s }i: e''��,kn �'s s F, .•,iii Infield Pro 5020 �� �•-• � t.,s s ��`a". Vii. �:t .5,&��4 -� . yj a �� Rahn Groomer y g�-F r� � � §, - '��°�� ems"' � - - .l— ,-.•�^ ��� r Infield Pro sue. ,� h.-- � .zT � 2-- ' ,,.t."„e,. 4''•`��St`�..�,. 'w""�..:,s.�,v1• ',-y�°_- L"�°`�� '�4 . i Infield Pro 2020 S0Z 0 Price List The Toro Company Corporate GSA Contract GS- OOF -0087M Contract Effective September 1, 2002 Through August 30, 2007 The Toro Company 8111 Lyndale Ave. S. Bloomington, MN 55420 Toll Free: (800) 348 -2424 x4908 Direct: (952) 887 -4908 Fax: (952) 887 -8366 General Services Administration FEDERAL SUPPLY SERVICE AUTHORIZED FEDERAL SUPPLY SCHEDULE PRICELIST CORPORATE CONTRACT Contract GS- OOF -0087M Contract Period: September 1, 2002 through August 30, 2007 FSC & Industry Group C 3750 - Mowers, Mowing Implements, Tractor Drawn or Mounted - Tractors, Gas/Diesel without implements — lawn and garden dedicated - Various lawn and garden implements FSC & Industry Groups C 2340 - Utility Vehicle, Gas, 2 or 4 -Wheel Drive Accessories For 2 or 4 -Wheel Drive Utility Vehicles The Toro Company 8111 Lyndale Avenue South Bloomington, MN 55420 -1196 Phone 1- 800 - 348 -2424 z 4908 FAX(952) 887 -8366 Web Site: www.tor6.com On -line access to contract ordering information, terms and conditions, up-to -date pricing, and the option to create an electronic delivery order are available through GSA Advantage!, a menu - driven database system. The INTERNET address for GSA AdvantagelTm is: http: / /www.esaadvantagc.itov. For more information on ordering from Federal Supply Schedules click onto htto: / /www.gss.gsa.gov. GSA Corporate Contract GS- OOF -0087M Price List: Golf & Grounds toro.com : Golf Course Mgmt / Grounds & Sports Turf • effective 9/1/2002 Model Number Description SIN C2340 (includes all model numbers described herein) GSA Price Sand Pro® Main Components - Most choose one or more from each Traction Unit 08884 Sand Pro® 2020 - 16 hp 2 Wheel Drive $6,707.03 08885 Sand Pro® 3020 - 16 hp 3 Wheel Drive $8,348.43 1 Sa rOL �Sen "ra[I "e $7fi5., Rake /Cultivation Tools 0881 -4 Rake -Mount Kit (retrofits all older production Sand Pros) $443.13 08812 Tooth Rake $619.28 08813 Spring Rake $332.55 08815 Weeder /Cultivator $522.12 Other OptionaiAccessories /Components Accessories 08821 40" Dozer Blade $992.54 08850 Drag Mat Kit $489.85 08857 Cyclone 1000 Debris Blower $1,810.03 08856 Spiker $2,175.41 08858 Cyclone Blower Mtg Kit - 2020, 3020 $285.88 08859 Cyclone Blower Mtg Kit - 5000, 5020 $283.47 08860 Chute Discharge Kit $301.94 08867 Finish Grader with Scarifier Bar (22 fingers) $1,373.98 30797 Deluxe Grammer Seat $452.91 44900 Sand Blade 240 (fits all models) $642.42 44901 240 Adapter Kit (5020) $93.95 94 -6126 Turf Tire (Individual) (old #95 -5849) $87.44 16 -1289 Blade 60" Width $166.23 18 -7570 Drag Weight $6.18 23 -2750 Scarifier Bar (43 fingers) $157.35 92 -2330 Draw Bar Kit $68.65 92- 7162 -03 Scarifier Bar for Weeder /Cult. $104.38 92 -7171 Seat Adaption Plate $29.70 95 -7861 Decal Kit (Infield Pro 3020) $12.04 95 -5834 2 Wheel Drive, 2 Speed Kit $420.38 95 -5819 Spark Arrester $13.78 45 Palm Beach Community College Purchasing Department INVITATION TO BID 4200 Congress Avenue BIDDER ACKNOWLEDGEMENT Lake Worth, FL 33461 -4796 (407) 439 -8030 , BID NO 01/02- 3 Date: September 5, 2001 BID TITLE: UTILITY VEHICLES— Dist. Facilities— Palm Beach Comm. College page, of 5 pages BIDS MUST BE RECEIVED PRIOR TO 2:00 P.M. Monday, Sept. 24, 2001 (CRA 2021t which time bids will be opened. BIDS RECEIVED AFTER THIS TIME FRAME WILL BE RETURNED TO THE BIDDER UNOPENED. VENDORNAME: TESCO SOUTH, INC. d /b /a HECTOR TURF TERMS: Net 30 Days — - VENDOR MAILING ADDRESS: -- F:f_LD. No. (S:S.it) 59- 2199514 1301 NW 3rd Street Delive ry 30 calendar da ys after receipt of Purchase order. Deerfield Beach, FL 33442 AREA CODE/TELEPHONE NO.: (954) 429-3200, tltorized Signature (Manual) ANTI-COLLUSION: The signed bidder certifies that he/she has not divulged, discussed or compared his/her bid with other bidders and has not colluded with any other bidder or parties to a bid whatever. (NOTE: No premiums, Joseph B. Limberg, Sales Manager Authorized Signature (Typed or Printed) Title rebates or gratuities permitted either with, prior to, or after any delivery of material. Any such violation will result In the cancellation and/or return of materials (as applicable) and the removal from bid list. INVITATION TO BID is Invitation to Bid, General Conditions, Instructions to Bidders, Special Conditions, Addenda and/or any other pertinent document form a part of this iposal and by reference are made a part thereof. PURPOSE: It is the purpose and intent of this invitation to secure bids for item(s) and /or services as listed herein for the District Board of Trustees of Palm Beach Community College, hereinafter called the BOARD. BOARD'S ACCEPTANCE: Unless otherwise specified herein, the bidder will allow a minimum of thirty (30) days from the last date for receiving bids for acceptance of its bid by the Board. AWARDS: In the best interest of the College, the Board reserves the right to reject any and all bids and to waive any nfonnality in bids received; to accept any item or group of items unless qualified by bidder; to acquire additional quantities at prices quoted on the invitation unless additional quantities are not acceptable. All awards made as a result of this bid shall conform to applicable Rorida Statutes, State Board of Education Regulations and District Board of Trustees rules. GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS BIDDER:To insure acceptance of the bid, follow these instructions: SEALED BIDS: All bids and this form shall be submitted in a sealed envelope addresses to tha Palm Beach Communi —ty Cottage, Purchasing Department, 4200 Congress Avenue, Lake Worth, Florida 33461 -4796. (DO NOT INCLUDE MORE THAN ONE BID PER ENVELOPE). The face of the envelope shall contain, in addition to the above address, THE DATE AND TIME OF THE BID OPENING, BID TITLE AND BID NUMBER. Bids will be opened publicly and all bidders and general public are invited and encouraged to attend. It is the sole responsibility of the bidder to deliver his/her proposal to the above address on or before the closing hour and date shown above. RETURN ONE COPY OF ALL BID SHEETS AND THIS FORM. Any failure on the part of the Bidder to comply with the specifications, terms and conditions of this invitation to Bid shall be reason for termination of the award. 1. EXECUTION OF BID: Bid must contain manual signature of an authorized representative in the space provided above. Bid must be typed or printed in ink Use of erasable ink not permitted. No erasures are permitted. If a correction is necessary, draw a single line through the entered figure and enter the corrected figure above it Corrections must be initialed by the person signing the bid. Any illegible entries, penal bids and/or corrections riot initialed may not be tabulated. Unless otherwise specified, bidders must use the proposal form furnished by the College. Failure to do so may cause the bid to be rejected. Removal of any part of the bid proposal may invalidate the bid. �. NO BID: If not submitting a bid, please respond by returning this form, marking it 'NO BID' and explain below the reason. Failure to respond three (3) times in succession without justification shall be cause for removal of the supplier's name ' from the bid mailing fist. NOTE: To qualify as a respondent, bidder must submit a 'NO BID: and it must be received no later than the stated bid opening date and hour. I Reason for -NO BID -: I 3. BID OPENING: Shall be public on the date and at the time specified on the bid torn. It is the bidder's responsibility to assure that histher bid is delivered at the proper time and place of the bid opening. Bids which for any reason are not so delivered, will not be considered. NOTE: Bid tabulations will be furnished upon written requestwith an enclosed self- addressed, stamped envelope. Bid files may be examined during normal wonting hours by appointment 4. PRICES QUOTED: Deduct trade discounts and quote firm net prices. Give both unit price and extended total. In case of a mistake in extensions, the unit price will take precedence. All prices shall be F.O.B. destination. 5. PRICES,TERMS AND PAYMENT: Firm prices shall be bid and Include all packing, handling, shipping charges and delivery to the destination shown herein. a) TAXES: The State of Florida does not pay Federal Excise and Sales taxes on direct purchases of tangible personal property. See exemption number on face of purchase order. This exemption does riot apply to purchases of tangible personal property made by contractors who use the tangl ble personal property in the performance of contracts for the improvement of state-owned property as defined in Chapter 192, F.S. b) DISCOUNTS: Bidders are encouraged to reflect cash discounts In the units prices quoted; however, bidders may offer a cash discount for prompt payment Discounts shall be considered in determining the lowest net cost for bid evaluation purposes. c) MISTAKES: Bidders are expected to examine the spedfications, delivery schedule, bid prices, extensions, and all instructions pertaining to supplies and services. Failure to do so will be at bidder's risk d) CONDITION AND PACKAGING: it is understood and agreed that any Item offered and shipped as a result of this bid shall be a new, current standard production model available at the time of this bid. AD containers shall be suitable for storage or shipment, and all prices shall Include standard commer- cial packaging_ Palm Beach Community College will not assume the cost for special packaging unless It Is requested by the College or the need for such is indicated on tike bid and approved by the College. e) SAFETY STANDARDS: The bidder warrants that all manufactured items and fabricated assemblies shall conform in all respects to the standards set forth n the Occupational Safety and Health Act of 1970, as amended, and the fat lure Ito comply with this condition will be considered as a breach of contract. All manufactured Items and fabricated assemblies shall carry Underwriter's Labo- ratories approved or re- examination listing where such has been established by U.L. for the Item(s) offered and furnished. Q PAYMENT: Payment will be made try the buyer after the Items awarded to a vendor have been received, inspected, and found to comply with award specifications, free of damage or defect and properly invoiced. All Invoices shall bear the purchase order number. An original and two (2) copies of the invoice shall be submitted. Failure to follow these instructions may result in delay of processing invoices for payment. The purchase order number must appear on bills of lading, packages, cases, delivery lists and correspondence. 6. DELIVERY: Unless actual date of delivery Is specified (or if specified delivery cannot be met), show number of days required to make delivery after receipt of purchase order in space provided. Delivery time may become a basis for making an award. 7. EQUIVALENTS: Any manufacturer's names, trade names, brand names, infor- mation and/or catalog numbers listed in a specification are for information and not -int ended -to- limit- compettion. -If- bidder offers makes-of-equipment-or-brands of supplies other than those specified in the following bid form, he/she must so indicate on his/her bid. Specific article(s) of equipment/supplies shall conform in quality, design and construction and all published claims of the manufacturer. Brand Names: Catalog numbers, manufacturers and brand names, when listed, are informational guides as to a standard of acceptable product quality level only and should not be construed as an endorsement of a product limitation of recognized and legitimate manufacturers. Bidders shall formally substantiate and verity that product(s) offered contorm with or exceed quality as listed in the specifications. Reference to literature submitted with a previous bid will not satisfy this provision. The bidder shall also explain in detail the reason(s) why the proposed equivalent will meet the specifications and not be considered an exception thereto. Bids which do not comply with these requirements are subject to rejection. Bidders shall indicate on the bid form the manufacturers name and model number if bidding other than the specified brands, and shall indicate ANY deviation from the specifications as fisted. Other than specified items offered requires complete ,+,�scnptive technical literature marked to indicate detail(s) conformance with afications and MUST BE INCLUDED WITH THE BID. NO BIDS WILL BE ASIDERED WITHOUT THIS DATA. -acking any written indication of intent to quote an alternate brand or model number, the bid will be considered as a quotation in complete compliance with the specifications as listed in the bid form. S. SUBSTITUTIONS: Palm Beach Community College WILL NOT accept substitute shipments of any kind. Bidden(s) is/are expected to furnish the brand quoted in their bid once awarded by Palm Beach Community College. Any substitute shipments will be returned at the bidders expense. 9. MANUFACTURER'S CERTIFICATION: Palm Beach Community College re- serves the right to request from bidders separate manufacturer certification of all statements made in the proposal. Bidder is to complete all of the blank spaces on the proposal pages and furnish full descriptive literature and color and fabric swatches (where applicable) for each Item bid. 10. INTERPRETATIONS: Any questions concerning conditions and specifications shall be directed to this office. Inquiries must reference the date of bid opening, bid name and bid number. Failure to comply with this condition will result in bidder waiving his/her right to dispute the bid conditions and specifications. 11. NON - CONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with specifications under the direction of the Florida Department of Agriculture and Consumer Services, or an independent testing laboratory. Items delivered, not conforming to specifications, may be rejected and returned at vendors expense. These items and items not delivered as per delivery date in bid and/or purchase order may be purchased on the open market. Any increase in cost may be charged against the bidder. Any violation of these stipulations may result in: a) Vendor's name being removed from the Purchasing Department vendor mailing list. b) All departments being advised not to do business with vendor. C) Any attorney's fees and court costs involved in the enforcement of this provision shall be paid by bidder. 12. CONFLICT OF INTEREST: The award hereunder is subject to the provision of Chapter 112, Florida Statutes. All bidders must disclose with their bid file name of any officer, director, or agent who is also an employee of the State of Florida, any of its agencies. Further, all bidders must disclose the name of any State .ployee who owns, directly or indirectly, an interest of the five percent (5 %) or pore in the bidders firm or any of its branches. 3. AWARDS: As the best interest of Palm Beach Community College may require, the right Is reserved to make award(s) by individual item, group of Items, all or none or a combination thereof; to reject any and all bids or waive any minor irregularity or technicality In bids received. When it Is determined there is compe- ttion to the lowest responsive bidder, then other bids may not be evaluated. Bidders are cautioned to make no assumptions unless their bid has been evalu- ated as being responsive. 14.OUANTITIES: Whenever a bid Is sought, seeking a source of supply for a special time for materials or services, the quantities or usage shown are estimated only. No guarantee or warranty, is given or implied by the College as to the total amount that may or may not be purchased from any resulting contracts. These quantities are for bidders information only and will be used for tabulation and presentation of bid. 15. SPECIAL CONDITIONS: Any and all Special Conditions that may vary from these General Conditions shall have precedence. 16. SERVICE AND WARRANTY: Unless otherwise specified, the bidder shall define any warranry service and replacements that will be provided during and sub- sequent to this contract. Bidders must explain on an attached sheet to what extent warranty and service taclities are provided. 17. SAMPLES: Samples of items, when required, must be furnished tree of expense, on or before bid opening, time and date, and if not destroyed may, upon request be returned at the bidders expense. Each individual sample must be labeled with bidder's name, manufacturers brand name and number, bid number and item number. Failure of bidder to either deliver required samples or to dearly identify samples as indicated may be reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to the office of the Purchasing Department, Palm Beach Community College, 4200 Congress Avenue, Lake Worth, FL 33461 - 4796.-- Request.fouetum-of samplessttallbeacmmpanied _by_insirucdons_which include shipping authorization and name of carrier and must be received with your bid. if instructions are not received within this time, the commodities shall be disposed of by Palm Beach Community College. 18. INSPECTION, ACCEPTANCE AND TITLE: Inspection and acceptance will be at destination unless otherwise provided. Title to/or risk of loss or damage to all items shall be the responsibility of the successful bidder until acceptance by the buyer unless loss or damage result from negligence by the buyer. If the materials or services supplied to tine College are found to be defective or not conform to specifications, the College reserves the right to cancel the order upon written notice to file seller and return product at bidders expense. 19. DISPUTES: In case of arty doubt or difference of opinion as to the items to be furnished hereunder, the decision of the College shall be final and binding on both parties. 20. PATENTS AND ROYALTIES: The bidder, without exception, shall indemnity and save harmless Palm Beach Community College and its employees from liability of any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the College. If the bidder uses any design, device or material covered by letters, patent or copyright, it is mutually agreed and understood without exception that the bid prices shall include all royalties and/or cost arising from the use of such design, device, or materials. 21. LIABILITY: The seller agrees to indemnify and save Palm Beach Community College, its officers, agents, and employees harmless from any and all judge- ments, orders, awards, costs and expense including attorney's fees, and all claims on account of damages to property, including loss of use thereof, or bodiy injury (including death) which may be hereafter sustained by the seller, its employees, its subcontractors, or Palm Beach Community College employees, or third per- sons, arising out of or in connection with this contact unless the loss was determined by a court of competent jurisdiction to have resulted from the negli- gence of the College or its agents or employees. 22. ANTI - DISCRIMINATION CLAUSE: The bidder shall comply with the provisions of Execiutive Order 11246, September 24, 1965, and the rules, regulations and relevant Orders of the Secretary of Labor. 23. EOUAL OPPORTUNITY CLAUSE: Section 228.2001, Florida Statutes, prohibits discrimination on basis of race, sex, national origin, marital status, or handicap against a student or employee in the State System of Public Education, as defined in Section 228.041, Florida Statutes. 24. PUBLIC ENTITY CRIMES: In compliance with Florida Public Entry Crime Statute (Section 287.132, 133) attached State Form PUR 7068 should be fully executed, notarized and submitted with bid. 25. POSTING OF BID TABULATIONS: Bid tabulations with recommended awards will be posted for review by interested parties in the Purchasing Department, Palm Beach Community College, 4200 Congress Avenue, Lake Worth, FL 33461 -4796 and will remain posted for a period of 72 hours. Failure to file a protest within the d me prescribed in Section 120.53(5), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. 26. JOINT - BIDDING, COOPERATIVE PURCHASING AGREEMENT: All bidders submitting a response to this invitation to bid agree that such response also constitutes abid to ALL POLITICAL SUBDIVISIONS OF PALM BEACH COUNTY, FLORIDA, under the same conditions, for the same prices and for the same effective period as this bid should the bidder feel it is in their best interest to do SO. This agreement In no way restricts or interferes with the right of ANY POLITICAL SUBDIVISION OF PALM BEACH COUNTY, FLORIDA, to rebid any orals items. Dennis P. Gallon serves as PBCC president, and the College is governed by the Palm Beach Community College District Board of Trustees of Palm Beach County. An Equal Opportunity Institution. Invitation to Bid: 01/02 -3 Due Date: Return 9/24/01 UTILITY VEHICLES District Facilities Palm Beach Community College PURPOSE: The intent and purpose of this bid is to secure a firm bid price for the supply of 5 utility vehicles as outlined herein. SPECIFICATIONS FOR UTILITY VEHICLE: ENGINE: 16 hp, 2 cylinder, Briggs and Stratton Vanguard. FRAME: Pivoting frame (Active in Frame Suspension) for improved stability. TRANSMISSION: Constantly variable belt drive. REAR SUSPENSION: Proprietary torsional Active In- Frame. i' FRONT SUSPENSION: Proprietary torsional independent "A "- frame. MAX. SPEED: 18 mph governed. BRAKES: Metallic, rear wheel mechanical. GROUND CLEARANCE: Front: 9 "(22.9cm). Rear: 7.25 "(18.4cm). TIRES: Front: 22.5 x 10 -8, 4 -ply. Rear: 25 x 12 -9, 4 -ply. FUEL CAPACITY: 7 gallons (26.5 liters). BED: 49 "L x 52 "W x 10 "H (125 x 132 x 25cm), double walled, polyethylene. VEHICLE DIMENSIONS: Width 59" (150cm), Length 115" (292cm), Wheel Base 79 "(201 cm). VEHICLE CAPACITY: 1650 lbs. PAYLOAD CAPACITY: 1250 lbs. TOWING CAPACITY: 800 lbs. trailer. 100 lbs. tongue weight. TURNING RADIUS: 64 "(163cm) inside, 238 "(605cm) outside. OPTIONAL ACCESSORIES: Roll over protection, canopy, windshield, electric bed lift, Rahn ballfield groomer, rear electric lift. WARRANTY: Two year limited warranty. Toro workman 2100 or Acceptable equal NOTE: Bidder agrees to extend bid price to other governmental agencies. Yes x No PROPOSAL: Bidder proposes and agrees to provide the vehicles as Iisted herein in accordance with all terms and specifications as follows: 07253 Manufacturer TORO Model number Unit $ 6,777.00 Total $ 33,885.00 Options: (Please include specification sheets) I (a) Roll over Protection $ 385 Unit I(b) Canopy $ 345 Unit 1(c) Windshield $ 170 Unit I (d) Electric Bed lift $__L80 Unit 1(e) Rahn ballfield Groomer $ 1,950 Unit 1(f) Rear electric lift $ 610 Unit SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(x), F1.OErDA STATUTES, , ON PUBLIC ENTITY CRMIES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to PALM BEACH COMMUNITY COLLEGE 1 2_ by Joseph B. Limberg, Sales Manager [print name of the public entity] [print lndlvidual's name and title] for TESCO SOUTH, INC. d /b /a HECTOR TURF [print name of entity submitting sworn statement] whose b•,_. iness address is 1301 NW 3rd Street Deerfield Beach, FL 33442 and (if applicable) its Federal Employer Identification Number (FEII-T) is 59- 2199514 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement N/A ' I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted' or "conviction* as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity.crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an 'affiliate' as..defined in Paragraph 287.133(1)(a), Florida Statutes means: 1. A predecessor or successor of a person convicted of a public entity crime; or Z An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term 'affiliate' includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who lmowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. I understand that a 'person' as defined in Paragraph 287.133(1)(e), Florida Statutes means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person' includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this swam statement. [indicate which Statement applies.) X Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the F-mal Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of the final order] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA 3TATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Swam to and subscribed before me this day of Personally known 4/ OR Produced identification Crype of identification) [signature) My commi ion eW Ralph F Roth * *My Commission W7421 16 Expires May 13, 2002 (Printed typed or stamped commissioned name of notary public) NOTE: Bidder agrees to extend bid price to other governmental agencies. Yes x No PROPOSAL: Bidder proposes and agrees to provide the vehicles as listed herein in accordance with all terms and specifications as follows: Manufacturer TORO Model number 07253 Unit $ 6,777.00 Total $ 33, 885.00 Options: (Please include specification sheets) 1(a) Rollover Protection $ 385 Unit (_a't 2'74 1(b) Canopy $ 345 Unit Ca- 7zg-7� 1(c) Windshield $ 170 Unit (o'72 g��) S ° /''•� 1(d) Electric Bed lift $ 480 Unit q7 2S7, 1(f) Rear electric lift $ 610 Unit 077 2.-7-1 i � t TORO® wd • r3 gib+. n r " ti w� mom, ova A ' ib'r'aY� a .1 . Y k c� MN, �µ• { �f � t /.. INTVO ITV VA s " a. lit, ���yr�,, ° �, :.: +��,. •s,,s,� yys�,�r,.��.nt �k7��Ya��i ci ...�� i � {t k�.�, ? .� ' :�* "'iYR ' ' at �r � d - >. ive c tivi G ROUNDSMASTER® 200 SERIES GROUNDSMASTER 225, 2WD - GAS, GROUNDSMASTER 228 -D, 2WD - DIESEL, MODEL 30241 MODEL 30230 GROUNDSMASTER 228 -D, 4WD - DIESEL, MODEL 30242 Engine Briggs & Stratton'/Daihatsu' liquid - cooled, gasoline, 3- cylinder, 24.9 hp (18.7 kW. Fuel Capacity 8.5 gallon (32.2 liter), unleaded gasoline. Gauges &Protection Hour meter, fuel gauge, temperature gauge, Systems 3 -light warning cluster gauge: oil pressure, water temperature and amps. High water temperature shut -down. Kubota® liquid - cooled, diesel, 3- cylinder, 28 hp (20.9 kW) gross, 26 hp (19.5 kW) net, at governed speed of 3250 rpm. 68.5 cu. in. (1123 cm') displacement. 8.5 gallon (32.2 liter), diesel fuel. Hour meter, fuel gauge, temperature gauge, 4 -light warningg.: cluster gauge: oil pressure, water temperature,.,ainps and glow'pl6q,. _ High water temperature shut -down. Hood to &. Cooling Capacity Approx. 6 quart (5. .7 liter). Approx. 7 quart ( 6.6 liter). M Traction Drive Hydrostatic U -type transmission with single pedal Hydrostatic U -type transmission with single pedalk, bntrol control of forward /reverse ground speed. Axle forward /reverse ground speed. :Axle serves as- resertvoir for serves as reservoir for hydrostatic transmission; also hydrostatic transmission also serves the;powerasteenng serves the power steering and lift valve. and lift valve. 228-D,, 4WD: Rear axle is mechar tally drive from front axle by a,unroersat shaft Ahi'on demand; :` bi- directional overrunning clutch prevents rear tiie4scuffin ^4rr turns and maintains turning *radrus, sarrSe�as In el drive mode �' Crxaune�� eecl `�-0 lOcm,•ph (161 km /h) Infinitely variable. 0 -10 mph (16.1 krn /h) Infinitel�r�vartable �'��^ �` ,� � � ����� '� ��- ��..��rv�ls��; Foot o eraYed trams no �nd� edals. Hand -o erated throttle �Pl'Q swig ,�brat<e lock � lemen�� alever,�i n ti�o"ir s�u�"rtcii� '�� Cou'nterbalance2 _ Weight. -,`22 of o i rec tt �; I I - a Commercial Products Price List Effective November 1, 2002 - October 31, 2003 COMPONENTS Traction Units Choose one of 30230 Groundsmaster 225 these three 1,315 $ 14,120.00 341t'notmdstte23 8 �trac man �mts1,36�W $ �rw14 749 00 30242 Groundsmaster 228 -D 4WD 1,570 $ 17,879.00 Decks (For ANSI compliance see weight chart) 30555 52" Side Discharge Floating Cutting Unit 339 $ 3,060.00 6.9 00 �54WTZS 30568 52" Rear Discharge Floating Cutting Unit Choose one of 365 $ 3,290.00 (requires 30578 RD Shield Kit) these five 30569 Guardian 62 Recycler Cutting Unit decks. 478 $ 4,497.00 (includes Hydraulic Counterbalance Kit) 30553 72" Side Discharge Deck 540 $ 4,243.00 Seats C�the se one of 30624 Standard Seat Kit 37 $ 349.00 30G2 e,S se two 47 $ h M- 0y wD eats.. �> a: Weights - See attached chart to determine exact weight needed to meet ANSI specs. 4- 5790 -01 Rear Weight (1 -351b. weight) 40 $ 128.98 'Reatetg KtL (2 3 lb we lit 5 $ X249 98 X52.89 92 -8763 Frame Weight Kit (1 -201b. weight) 25 $ l l -0440 Wheel Weight Kit (2 -251b. weight) 50 $ 139.98 OPT IONAL ACCESSORIES` _ 30707 Arm Rest Kit 8 $ 131.00 30750 48" V -Plow 30749 205 $ 1,189.00 30749 V -Plow Mounting Kit $ 531.00 30823 Debris Blower 300 $ 2,926.00 08860 Debris Blower Chute Discharge Kit 30823 $ 391.00 11 -0390 Front Tire Chains 20 $ 93.69 62 -7020 4 Ply Wide Tire Option w /rim 23 x 10.5 -12 32 $ 213.69 69 -9870 6 Ply Wide Tire Option w /rim 23 x 10.5 -12 33 $ 221.40 75 -6880 Spark Arrestor Screen 1 $ 20.29 804900 Auxilliary Valve Kit $ 349.98 (for use w /attachments that need auxilliary power, i.e. rotary brooms) 12 -1519 Pneumatic Wheel Assembly (2 required) $ 57.20 DECK- SPECIFIC °OPTIONAL.ACCESSORIES 30502 52" Blower Kit 93 $ 1,369.00 30504 9 cu.ft. Capacity Hopper -2WD only 30502 70 $ 873.00 30505 15 cu. ft. Hi -Lift Hopper 30502 456 $ 3,397.00 27 -1050 Phenolic Wheel Assembly $ 64.33 104 -1301 52" Atomic Mulching Blade (3 required) $ 12.98 44 -5480 52" High Lift Blade recom. w/30504 or 30505 (3 required) $ 12.98 56- 2390 -03 52" Extra High Lift Blade (3 required) $ 15.49 59225 Recycler Kit (Consumer) 32 $ 145.00 68 -7210 52" Front Baffle Kit (Dry conditions) $ 97.98 Al 5-,630-90-1 —.Lawn Equipment htip://fcn.state.fl.us/st—contracts/515630001/ Lawn Equipment 515-630-00-1 Effective: 01/26/00 through %iA2648 VJEASS . ................................. ................................................. I ........................................... I ................................................................................................................................... Certification Special Conditions Specifications Price Sheet Ordering Instructions Complete Contract State Contracts Main Index Contractors: of 2 4/5/00 8:55 AM ORDERING JNSTRUCTIONS http:/ /fcn. state. fl. us /st contracts/515630001 /ordet20.htm Wesco Turf Supply, Inc. ORDERING INSTRUCTIONS NO ALL ORDERS SHOULD BE DIRECTED TO: SPURS VENDOR NUMBER-J522120964-001 VENDOR: WESCO TURF SUPPLY, INC (A)(A) STREET ADDRESS OR P.O. BOX: 300 TECHNOLOGY PARK CITY, STATE, ZIP:_ LAKE MARY, FL 32746 TELEPHONE: 407-333-3600 TOLL FREE NO.: 800- 393 -3366 ORDERING FAX NO.: 407 - 3339246 REMIT ADDRESS: P. O. BOX 862087 CITY, STATE, ZIP:_ ORLANDO. FL 32886 -2087 WILL ACCEPT THE VISA CARD PRODUCT INFORMATION: DIRECT INQUIRY TO: of 7 4/5/00 8:54 AM ORDERING INSTRUCTIONS httPJ /fcn. state. fl. us/ st_contmcW51563000I /0rder2O.htm NAME AND TITLE: BRAD REANO SALES MANAGER ADDRESS: 300 TECHNOLOGY PARK CITY, STATE, ZIP: LAKE MARY, FL 32746 TELEPHONE: 407 - 333 -3600 EXT 118 TOLL FREE NO.:800- 393 -3366 URL HOME PAGE ADDRESS: ELECTRONIC MAIL ADDRESS: brad_reano�7a 9supQlxcotn WESCO TURF SUPPLY SERVICE CENTERS Wesco Turf, Inc. Wesco Turf Supply, Inc. 2101 Cantu Court 300 Technology Park Sarasota, FL 34232 -6242 Lake Mary, FL 32746 941- 377 -6777 407 - 333 -3600 Jerry Pate Turf & Irrigation Kelly's Garden Center 100 E. Roberts Road 219 S. Dixie Hwy. Pensacola, FL 32534 Lake Worth, FL 33460 850- 968 -0731" 561 -585 -1719 Hector Turf 1301 N.W. 3'd Street Deerfield Beach, FL 33442 954 -429 -3200 Gavin's Ace Hardware 16025 San Carlos Blvd. Ft. Myers, FL 33908 941 -466 -7777 of 7 4/5/00 8:54 AM CONTRACT VENDORS — TYPE 4 Equipment http://fcmsUft.fl.us/st contracW515630001/pri oe S.htm Attachments: 1/1/99 100/0 Snapper, Inc. Snapper 2000 Retail Price 9/1/99 28% Southeast Yazoo/Kees 1 /l /00 25% Equipment Parts: 1 /1 /00 10% Attachments: 1/1/00 25% (Rev 4 April 00) Steiner Equipment Steiner Turf Eq. 09 -321 9/20/99 25% Wesco Turf Supply Toro Z Master & Grounds 11/1/99 35% Master Attachments: ll /l/99 35% '- (Rev 4 April 00) of 3 4/5/00 9:01 AM CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: 1 -9 -03 Meeting Date: 2 -6 -03 Resolution: 21 -2003 Equipment Purchases — John Deere Company Subject/Agenda Item: Purchase of field maintenance equipment for Mirasol Park from the John Deere Company in the amount of $14,695.20 [XI Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Origin tmg Dept.: Costs: $14,695.20 Council Action: (Total) Allan Owens Finance Director ,' Jack Doug Community Services [ ]Approved $ [ ]Approved w/ Current FY conditions [ ] Denied Len Rubin Advertised: City Attorn Funding Source: [ ] Continued to: Date: [ ] Operating Attachments: Paper: [ X ] Other Recreation Impact Funds ❑ Memo dated 1 -9 -03 ❑ Pro Gator Vehicle Specifications & Orange County Schools Bid 9��/ [ X ] Not Required Mike Kelly Parks Division Affected parties [ X ] Notified Budget Acct. #: 03- 2000.572.6400 [ ] None Approved by: Ron Ferris [ ] Not required City Manager CITY OF PALM BEACH GARDENS MEMORANDUM A, TO: Fleet Committee THROUGH: Jack Doughney, Community Services Administrator DATE: January 9, 2003 FROM: Mike Kelly, CPRP, Parks Division Director SUBJECT: Equipment Purchases The following are equipment purchase requests for field maintenance operations at the new Mirasol Park. The park is intended to begin operations in March 2003. Two vendors, Hector Turf (Toro) and Turner Outdoor (John Deere) have been selected. The selections have been reviewed and approved for purchase by the Fleet Committee. Equipment Vendor Cost Warranty Funding Toro 4500D Hector Turf $39,084 1 year Rec. Impact 5 Deck Rotary 3 yr. extended Sports Turf Mower Justification: Mower required to maintain high quality Bermuda grass. Only effective rotary mower on the market that cuts to acceptable sports levels. Bid: City of Boca Raton Toro 228D Hector Turf $13,402.09 1 year Rec. Impact 62" Deck Rotary 3 yr. extended Justification: Mower to be utilized in the non- sports turf areas of the park. Bid: Florida State Contract Toro Sand Pro Hector Turf $10,308.56 1 year Rec. Impact Hydraulic 3 wheel Dr. 3 yr. extended Infield Conditioner Hector Turf $1,950 Attachment Rec. Impact Justification: Athletic field groomer required for use on bal pield along with rake conditioner attachment. Bid: Sand Pro — GSA Infield Conditioner — Palm Beach C.C. Sub Total: $64,744.65 John Deere Turner Outdoor $14,695.20 2 year Rec. Impact Pro Gator Utility Vehicle Justification: Utility vehicle for general parks use in hauling and general transportation. Bid: Orange County School Board Total: $79,439.85 CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 21, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE PIGGYBACK PURCHASE OF A UTILITY VEHICLE FOR USE AT THE MIRASOL PARK; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City Staff has recommended the purchase of a John Deere Pro Gator Utility Vehicle for use at the new Mirasol Park; and WHEREAS, City Staff has recommended purchasing the Utility Vehicle for $14,695.20 utilizing impact fee funds by piggybacking Orange County School Bid #02 -02 -01 VH; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interests of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council hereby approves the purchase of the John Deere Pro Gator Utility Vehicle for $14,695.20 and authorizes City Staff to take all actions necessary to effectuate said purchase. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon adoption, -1- PASSED, ADOPTED AND APPROVED this ATTEST: PATRICIA SNIDER, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUBIN CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO Date Prepared: 1 -9 -03 Page: 2 6th day of February_, 2003 MAYOR JABLIN AYE NAY ABSENT It �uT�dok. btu ,e EMS I u 2N ��- E- 5�(-- a77 -030s' ORK- 3i S"- 1 ,?'53 http: / /dlydoc .deere.com /agmkting /agsales/ golf /g30 /progator /iprogator.jpg 12/9/02 JOHN DEERE WORLDWIDE COMMERCIAL & CONSUMER EQUIPMENT DIVISION 2000 John Deere Run, Cary„ NC 27513 U.S.A. TEL 919- 804 -2000 CITY OF PALM BEACH GAEDENS QUOTE #120902 -JB999 9TH DECEBER 2002 QTY ORDER CODE DESCRIPTION LIST PRICE 1 X 0211 T JOHN DEERE 2030 PRO -GATOR $16,999.00 1 X 1000 2 WHEEL DRIVE IN BASE PRICE 1 X 2000 CARGO BOX $ 1,370.00 TOTAL LIST PRICE $18,369,00 AS PER ORANGE COUNTY SCHOOL BID #02 -02 -01 VH ITEM # 33, 20% OFF LIST PRICE -20% -$ 3,673.80 CITY OF PALM BEACH GARDENS PRICE $14,695.20 F.O.B CITY OF PALM BEACH GARDENS FL ORDERS MUST LIST VENDOR JOHN DEERE CO 2000 JOHN DEERE RUN CARY .NC 27513 DELIVERING DEALER TURNER OUTDOOR EQUIPMENT 2507 N FED HWY DELRAY BEACH. FL33483 TOP Contract 96: 02- 02 -0IVH Orange County Schools - Landscape Equipment Contract Period: 30 July 2002 - 27 July 2003 Item No Category % off MSRP 23 Hand Held Equipment 10% 24 Hand Held Repair Parts 0% 25 Lawn & Garden Equipment 24% 26 Lawn & Garden Repair Parts 0% 27 Commercial Walk- Behind Mowers (36 "- 60" cutting decks) 25% 28 Commercial Walk- Behind Mowers (36" — 60" decks) Repair Parts 0% 29 Commercial Front Mount Mowers (60" and up) 26% 30 Commercial Front Mount Mowers (60" and up) Repair Parts 0% 31 Zero Turn Radius Mowers (54" — 60" cut) 25% 32 Zero Turn Radius Mowers (54" — 60 ") Repair Parts 0% 33 Golf & Turf Equipment 20% 34 Golf & Turf Equipment Repair Parts 0% 35 Off -Road Utility Maintenance Vehicle 26% 36 Off -Road Utility Maintenance Vehicle Repair Parts 0% 37 Compact Utility Tractors & Equipment (16 — 40 PTO HP) ** Exception* 790/990 Compact Utility Tractors & Equipment" 25% 10 %* 38 Compact Utility Tractors & Repair Parts (16 — 40 PTO HP) 0% 39 1 Utility Tractors & Equipment (40 — 95 PTO HP) 28% 40 1 Utility Tractors & Repair Parts (40 — 95 PTO HP) 0% Cooperative Purchase: This is a cooperative purchase contract. State law allows any government agency and any accredited school in the state to buy off of this contract without going to bid, as long as it does not conflict with any of their local regulations. TOP 08/15/0?. THU 11:57 PAX 9188042485 JOHN DEERE • LrsdlldaaSetvtces • 119.jnhnsaee • Canstruc�icp Asaaat� sat • P.mltdas 87eferjc pimu,fa� ORANGE COUNTY PUBLIC SCHOOLS Faeititiao scmees 6602 Mogir. Way Otios ' o, Marido :32x04 ( 3i7« 00 FAX (M 317 -4783 August 5. 2002 Mr. Shawn Spencer. John Deere Company 2000 John Deere Run Cary, NC 27513 Dear Mr. Spencer. +�iDYiYOmneR00i c.;npum�. • iz�sa�.i.� • FkZtim SgpW savicm • pmrbnsihs The School Board of Orange County, meeting in official session on July 30, 2002, voted to award the bid for Landscape Equipment at the price as listed on the attached sheet The contract period shall run from July 30, 2002 through July 27, 2003. This letter is n9jificat1on of award only. Do not Stbii, or order mat2rlals without an pum!ml . Purchase orders shag be placed as needed by OCPS personnel and delivery must be completed within the time specifled in the bid. [upon receipt of this letter, please submit a current cedficate of Insurance Sincerely, Valerie- S. Hightower Pmc urement Specialist, Faoliities. Procurement The sahooi Board cf 0rzV9 County, Florida (Onvve minty Pubifcsr.haois) Attachment 020311/1- 08105=-8:4B AAA PRO i@00.'. 08%15/02 THU 11:57 M 8188042485 JOHN AI &MICR. �aa� JTJL -15 -20M 14--05 OGPS FACILITY USING P.09 July 10. 2002 MEMORANDUM TES: HENRY R. BOSCHOE=F Chief Financial omegr ATTENTION: KEVIN GASTON Director, Procurement $ 'ces FROM; VALERIE- HIGHTOW- --- Procurement Specislho, purchasing SUBJECT: FMBCIN' DING AND REAWARDINIG OF BlD FOR LANDSCAPE EQUIPMENT -- BID NiO.: 02.02-D9vN On June 11, 2002, an award was made to LaWR Peer & Equipment, Inc. for Group #12. A letter has been received, dated June 27, 2002, from Albert Boni of Law„ POW&r & EQUipment, Inc. stating that they will not be 'able to honor the bid they submitted. It is recommended that the &stand "Lawesr vendor, John Doers Company, be awarded for Group ` yj WARDED $OAS AT MEETING OF I W1 JUL �O d i�14- flrii5ro2 —Z Oa PM PRIG rn-! T- •ta-�arae t:.� • �.a LF-ra r w.. I L. t i i r, Ljml.nr%.7 i i iu March 24, 2000 TO: HENRY R. 130EKHOFF Chief Financial dicer ATTENTION: KEVIN GASTON Director, Procurarnant serwc.s FROM. VALERIE HIGHTOWER Prcc'arement SPecialist, Purchasing SiiUJLCT: AWAR DING -OF -BID FOR LANDSCAPE EQUIPMENT — 660 Nd.: 02 -03 -1 i Vii 'V'ENDOR(S) RECOMMENDED FOR AWARD- VENDOR NAME ANIGUNT AWARDED Trail Saar & Mower Service Percentage Disc(y,rnt lawn Power & Equipment, Inc. Permntage Discount CONTRACT TERM: July 28, 2002 through JUIy 27, 2003 NUMBER OF BIDS MAILED: i5 RECEIVED: r. U1 .1na ITEM OR LOT # QrOUPS #1. 2.31;5, 8, ', 8, 9 £S 11 C DUP *t2 F6yjyp 660tCE: ®peratiGns & marntenance Depi. SCHOOL OR DEiaT.: O . Perario0s & A+lainten ARO Dept. COMMENTS: There will be no reramn re iv d. endation for avard for Grou As o �0, No � viable bgs were CONCUR WITH THE RECOMMENDED AWARD: ?7 PURCHASING ARl1�li 'NIL Q BI= DEPT Vii /L matt +wrl - 5r-O,o2- 8;02 AM 3 A RD A'r ME-£'flNG "D Q� ,It 11 I i'I'!III '!I � N I I IN N ����f!'j �I� O N to N tfi C1y�g�Ip00co al d O NI N( N N 04 N IN O �! lt N O Q H I I ! I I I f I I I a' U. U! I U a a. !I a I ' I I ,i I = I p I I a I �, O ! CD iz : i I i � I f .•.� •m I (h J �v I ` rrI °-O OL �� m I 0.aj O z0O' is I � I � I I I ' I' I I i t i I j ,u LLI (L) 1 0 v I U- a - k LL IX CL 1 N r°o. °v °v0OI J 1 i tL' ca ,Y ILU c IjI & trn w " d , Pn o m ___w a.• GD D O O �� m�U� V V r rr 0} I U U. ; OF O2 to T I a !1 >Ea�vw t M r E5 I w! vtoCO 'C7 CL I - w aci' H ` f I, j ! 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LLI w 0 o m ! c.7 z N r LD to w yl JOHN DEERE GOLF & TURF PRODUCTS SPECIAL APPLICATION VEHICLES ProGator2030 (Diesel) Engine: 1006cc (23.5 HP) Three Cylinder Yanmar Diesel, 4 Cycle, Liquid Cooled Overhead Valves Full Pressure Lubrication Replaceable Dual Dry -Type Element Air Cleaner with Remote Intake 8 Gal. (30.3L) Fuel Capacity Transistor Controlled Ignition Electrical: Electric Start 55 Amp, Regulated Alternator 500 CCA Battery Halogen Headlights Transaxle Transmission: 5 -Speed Syncromesh Transmission Enclosed Transaxle 4 Wheel Hydraulic Drum Brakes Hand Operated Parking Brake 5th Gear Lockout Equipment for Base Machine Steering /Front Suspension: Hydraulic Steering Leaf Spring and Shock Absorber Suspension Operator Station: Dash Instrumentation Includes: Hourmeter Tachometer Digital Speedometer Park Brake Indicator Light Power Take -Off Light Engine Coolant Temperature Gauge Voltage Indicator Light Oil Pressure Light Horn Two Professional High Back, Tilt Forward Seats Two -Post ROPS Seat Belts Hip Restraint Bars (Operator and Passenger) Passenger Grab Handle Glove Box Cup Holders Cargo Box: 65" (1651 mm) wide x 50" (1270 mm) Long x 10.5" (267mm) Deep 1930 Lb. (876 kg) Box Capacity 2650 Lb. (1202 kg) Total Payload Capacity (Includes 200 Lb. (91 kg) Operator and 200 Lb. (91 kg) Passenger) Ribbed Construction Hydraulic Lift Cylinder Hinged, Removable Tailgate, Tow Hitch Tires: Two Front: 23x10.50 -12, 4 PR Industrial Trac Two Rear: 26x12.00 -12, 4 PR Multi Trac Safety Video Tape: Safety and Operation Video Tape in English and Spanish C,pQE " `ATTAGHMENT bESCR1PTiON :° WEIGHT .12EF ,- , LIST PRICE:; IDENTIFIER LBS. US $ s Select One Code From Each Required Category BASE MACHINE R.O.B. Raleigh, North Carolina 021 1T ProGatorMW(Diesel) 2,108 2711<2409 16,999.00 TRACTION DRIVE UNIT 1000 2WD Traction Unit In Base Price 1001 4WD Traction Unit 003K212 4,400.00 CARGO BOX 2000 Cargo Box (Installed) 500 101K000 1,370.00 1930Lb. Capacity Cargo Box With Hydraulic Lift Cylinder, 651n. x 501n.x 10.251n. With Sides and Tailgate. 2010 Less Cargo Box In Base Price August 2002 U.S. G20- 2030 - 1 JOHN DEERE GOLF & TURF PRODUCTS SPECIAL APPLICATION VEHICLES ProGator203O (Diesel) Continued COQE ATTACH MEW ,DESCRt1yTION WEIGHT , REF LIST PRICE -} IDENTIFIER LBS. US $ CARGO BOX BEDLINER 3005 Cargo Box Bedliner (Installed) 240 602K33 320.00 3015 Less Cargo Box Bedliner 240 In Base Price 1 August 2002 U.S. G20 -2030- 2 Attachments - Order As Desired 9010 BM19954 Tailgate Release Kit 12 801 K16 160.00 9020 BM20387 Turn Signal Kit 2 661K03 142.00 Includes FourLamp Assemblies and Wiring. 9040 BM20003 Armrest Kit (One Set) 4 614K1 57.00 Attachments for Field Conversion BM19772 Vicon Mounting Kit (For Powerbed) 44 906K78 930.00 BMI9776 Work Light Kit 7 861K32 182.00 Kit Consists of Two Front andOne Rear Work Light. BM20608 Auxiliary Hydraulic Kit 58 754K19 575.00 Recommendedfor use with TC125. BM20675 AtDdliary Hydraulic Conversion Kit 4 472K8 39.00 Auxiliary Hydraulic Conversion KitRequired to Fit ProGators in the 10000Serial Number Sequence. BM19929 Power Bed 240 506K93 950.00 For use with Vicon 403Spreader. Vicon Spreader Requires BM19772, Vicon Mounting KitandBM20608,AuxiliaryHydraulic Kit. ForAdditionallnformation, Please Refer to the Equipment Sales Manual- Attachments Section. SM19955 Throttle/Govemor Control Kt 5 451K93 265.00 Recommended for use with TC125. BM19773 Fifth Wheel Hitch Ball 7 201 K75 240.00 BM19929 Power Bed is Required to Install the Fifth Wheel Hitch Ball. BM20006 Cargo Box 500 259K67 1,325.00 BM20433 Heavy Duty Front Spring Kit 60 001K05 150.00 Must be Ordered With Cab. BM20705 Wide Rear (26x14 -12) Multi-Trac Tires and Wheels 55 603K06 420.00 VGB10027 Cushman Core Harvester Adapter Kit 91 754K19 575.00 Requires BM20608Auxiliary Hydraulic KitandBM20006 Cargo Box. RecommendBM19955Throttle Governor ControlKit Early Model Cushman Core Harvesters (6 "x 16 "Tire ona 6" Wheel) Require Additional Spacer VG1068717rom Service Parts. BM20502 Rear Receiver Hitch Kit - HDUV 15 701K38 190.00 No Ball Mount Comes With The Hitch. VGB10058 Quick Conned Kit 963K7 52.00 Requiredfor use with TC125for 2 WD models (SIN VG2030A030001 andabove), and4WDmodels (SIN VG203OB030072 andabove). 1 August 2002 U.S. G20 -2030- 2 VGBI0047 Mud Flaps Kit 251K8 25.00 VGB10079 Self Adjusting Back -Up Alarm 371K23 169.09 VGBI0082 Electric Brake Controller 571K52 209.00 VGB10087 12 Volt Adapter Kit 472K8 39.00 VGBi0040 Cargo Box Bedliner 2icK18 299.00 VG810050 Multi - Purpose Platform 375K61 769.00 For Use with Vicon 403Spreader. Requires Vicon Mounting Kit (VGBI0051), AuxiliaryHydraulic Kit (BM20608) andthe Auxiliary Hydraulic Conversion Kit(BM20675)forProGators in the 10000Serial Number Sequence. ForAdditionallrrformation, Please Refer to the Equipment SalesManual- Attachment Section. VGB10051 Vicon Mounting Kit (For Multi- Purpose Platform) 796K73 923.00 VGB10061 Warning Beacon 551K71 235.00 VGB10062 Beacon Guard 773K5 49.00 VGA10486 Receiver DrawBar Kit See Parts Index VGA10487 Receiver Pintle Adapter Kit See Parts Index Export Codes 9073 BM2O653 French Canadian Operators Manual and Decal Kit 1 No Charge 9435 BM20654 Swedish Operator's Manual 1 No Charge 9100 BM20634 CE Conversion tit for Progators 6 No Charge This Code Must b e Ordered to Rece ive a ProGator 2030 Which Meets CE Mark Requirements. Kit WilllncludePictorial Decals andOperator's Manual in English, French, German, Spanish and Italian. 1 August 2002 U.S. G20 -2030- 3 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: January 26, 2003 Meeting Date: February 6, 2003 Resolution: 28, 2003 Subject/Agenda Item: Resolution 28, 2003, calling for a referendum election on March 11, 2003, providing the ballot title and question of the referendum, and repealing Resolution 22, 2003. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: $ -0- Council Action: City Atto Finance (Total) [ ] Approved $ [ ]Approved w/ Current FY conditions [ ] Denied Community Service Funding Source: [ ]Continued to: Advertised: Date: [ ] Operating Attachments: Paper: [ ] Other • Resolution 28,2003 Submitted by: Allan Owen [X ] Not Required Department Director Affected parties [X ] Notified Budget Acct. #: [ ] None Approved by: City Manager [ ] Not required Date Prepared: January 26, 2003 Meeting Date: February 6, 2003 Resolution: 28, 2003 • BACKGROUND: Subsequent to adoption of Resolution 22, 2003, staff held discussions with our bond counsel, Mark Raymond of the firm Moyle, Flanigan, et al, to begin the planning process and establish a timetable for the required steps should the referendum pass. In reviewing the proposed ballot question in Resolution 22, 2003, Mr. Raymond pointed out several items that were inconsistent with the letter of the law concerning the issuance of general obligation bonds. His primary concerns were: 1.) The stated uses of the bond proceeds should clearly identify all intended uses other than parks, such as roads, and should indicate capital expenditures only, not operating costs. Examples of these items included the sections stating "PROVIDE NATURE EDUCATION" and "SEEK STATE AND FEDERAL MATCHING FUNDS ". 2.) The question should not set a cap on the ad valorem millage. By setting a cap, the bond becomes a limited tax, rather than a general obligation issue, and is subject to reserve requirements, unlike a general obligation issue. With a stated cap, there is also the risk that if property values fall in a given year, sufficient revenue could not be generated to meet the debt service; however, this is highly unlikely in our City. We have addressed these issues with the revised ballot language contained in this resolution, satisfying the legal concerns of bond counsel, while still retaining the wording that Trust for Public Lands feels critical for a successful referendum. The major changes are as follows: 1. The millage cap has been eliminated. 2. All references that could be interpreted as operating costs are clearly defined as capital, e.g., "PROVIDE NATURE EDUCATION" has been changed to "PROVIDE NATURE EDUCATION FACILITIES ". 3. The term "PARKWAYS" has been included to cover the intended use on McArthur Boulevard. 4. The section regarding seeking grant funding has been moved from the body of the question to a separate sentence so that there is no connection between the use of the bond proceeds and our statement of intent to actively pursue grant funding. • STAFF RECOMMENDATION: Staff recommends a motion to approve Resolution 28, 2003, calling for a referendum election on March 11, 2003, providing the ballot title and question of the referendum, and repealing Resolution 22, 2003. CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 28, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, CALLING A REFERENDUM ELECTION ON MARCH 11, 2003 FOR APPROVAL OF A PROPOSED BOND ISSUE TO FINANCE ACQUISITION OF LAND TO PROTECT OPEN SPACE FROM DEVELOPMENT, PROVISION OF NATURE EDUCATION FACILITIES FOR CHILDREN, IMPROVING OF PARKWAYS, PARKS AND RECREATION FACILITIES AND PROVISION OF NEW TRAILS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; REPEALING RESOLUTION 22, 2003; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in accordance with Section 100.211, Florida Statutes, the City Council of the City of Palm Beach Gardens wishes to call a bond referendum to be held on March 11, 2003 to obtain approval of bonds to be issued to finance acquisition of land to protect open space from development, provision of nature education facilities for children, improving of parkways, parks and recreation facilities and provision of new trails; and WHEREAS, the City Council determines that the adoption of this Resolution is in the best interests of the residents and citizens of the City of Palm Beach Gardens; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The City Council calls for a bond referendum election to be conducted on March 11, 2003, to determine whether a majority of the electors voting in said referendum support the issuance of not exceeding $21,000,000 principal amount of bonds payable from ad valorem taxes, maturing not more than 20 years after issuance and bearing interest at not exceeding the legal rate, to finance the acquisition of land to protect open space from development, provision of nature education facilities for children, improving of parkways, parks and recreation facilities and provision of new trails. SECTION 2: The ballot title and question of the bond referendum shall be as follows: CITY OF PALM BEACH GARDENS BOND REFERENDUM SAVE OPEN SPACE, PARKS, AND RECREATION TO ACQUIRE LAND TO PROTECT OPEN SPACE FROM DEVELOPMENT, PROVIDE NATURE EDUCATION FACILITIES FOR CHILDREN, IMPROVE PARKWAYS, PARKS, RECREATION FACILITIES AND PROVIDE NEW TRAILS, SHALL THE CITY OF PALM BEACH GARDENS, FLORIDA ISSUE NOT EXCEEDING TWENTY -ONE MILLION DOLLARS OF BONDS, MATURING NOT LATER THAN TWENTY YEARS AFTER ISSUANCE, BEARING INTEREST AT NOT EXCEEDING THE MAXIMUM LEGAL RATE AND PAYABLE FROM AD VALOREM TAXES? THE CITY SHALL SEEK MATCHING FUNDS. ALL FUNDS SUBJECT TO ANNUAL AUDIT. AGAINST BONDS SECTION 3: The City shall utilize polling locations or places established by the Supervisor of Elections of Palm Beach County and all qualified electors shall vote at designated polling locations. The polling locations shall be open from 7:00 a.m. to 7:00 p.m. Only duly qualified electors of the City shall be permitted to vote in the referendum election. SECTION 4: The City Clerk shall prepare and give notice of the referendum election by causing the appropriate notice to be published in accordance with Section 100.342, Florida Statutes. SECTION 5: The returns of the referendum election shall be canvassed in accordance with the applicable provisions of the Florida Election Code and the City Code of Ordinances. SECTION 6: Resolution 22, 2003 is hereby repealed. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 7: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or in application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 8: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this day of 92003. MAYOR JABLIN ATTEST: PATRICIA SNIDER, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUBIN, CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEM 3ER DELGADO CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: February 6, 2003 Date Prepared: January 20, 2003 Ordinance 3, 2003 SUBJECT /AGENDA ITEM Ordinance 3, 2003: Reinstating of the "MacArthur Banyan Tree Historic Overlay Protection Zone" Public Hearing, Second Reading: A City- initiated request to reinstate the MacArthur Banyan Tree Historic Overlay Protection Zone previously approved by City Council through Ordinance 17, 1999. [ x ] Recommendation to Approve [ ] Recommendation to Deny Reviewed by: Originating Dept.: FINANCE: NA Land Development Principal Planner Growth Management: Regulations Committee Action: Costs: $ Talal Benothman, AICP Project Total [ ] Approved City Attorney Manager M1.9 [ ] App. w/ conditions Leonard G. Rubin Mark Hendrickson $ [ ] Denied Finance NA Current FY [ l Rec. approval [ ] Rec. app. w/ conds. Human Res. NA Funding Source: [ ] Rec. Denial [ ]Operating [ ] Continued to: Submitted by: Advertised: Attachments: Growth Man Date: [ ] Other NA • Ordinance 3, 2003 Administrato . Ordinance 17, Charles K. Wu, AICP Paper: PB Post 1999 [ } Required [ x] Not Required Budget Acct. #: [ ] None Approved City Mana NA Affected parties: Ronald M. [ ] Notified [ x ] Not Required City Council Meeting Date: February 6, 2003 Date Prepared: January 20, 2003 DISCUSSION Recently, City staff has discovered that the Land Development Regulations were not codified to include Ordinance 17, 1999, which approved the "MacArthur Banyan Tree Historic Overlay Protection Zone." The subject ordinance was inadvertently omitted from the year 2000 revision of the Code. In light of the potential development of the Banyan Tree Planned Unit Development on both the eastern and western sides of MacArthur Boulevard, City staff believes this is an opportune time to reinstate the MacArthur Banyan Tree Historic Overlay. The reinstatement of the overlay in the Code is also needed to maintain consistency with the City's Comprehensive Plan. On November 4, 1999, the City Council adopted Ordinance 27, 1999, amending the comprehensive plan to include, among other items, the MacArthur Banyan Tree Historic Overlay. The City's Future Land Use Map currently depicts a symbol at MacArthur Boulevard and Northlake Boulevard intersection and a reference to Policy 5.1.5.3 of the Future Land Use Element for this overlay zone. The proposed reinstatement will be placed under the Land Development Regulations section for "Historic and archaeological sites ", Section 78 -682. THE LAND DEVELOPMENT REGULATION COMMISSION RECOMMENDATION On March 23, 1999, the Planning and Zoning Commission sitting as the Land Development Regulation Commission found the amendment to the "Historical and Archaeological Sites" section of the Code of Ordinances and the proposed "MacArthur Banyan Tree Historic Overlay Protection Zone" to be consistent with the Comprehensive Plan. Accordingly, the Commission recommends approval of the amended. CITY COUNCIL City Council unanimously recommended approval of Ordinance 3, 2003, Petition LDR -02- 12, Reinstating Banyan Tree Overlay on first reading at its January 16, 2003 meeting. STAFF RECOMMENDATION City staff recommends approval of Ordinance 3, 2003, to reinstate the MacArthur Banyan Tree Historic Overlay Protection Zone into the Code of Ordinances of the City of Palm Beach Gardens. \\ FILE _mydoc /Banyantreeordinance.doc K Date Prepared: December 30, 2002 CITY OF PALM BEACH GARDENS ORDINANCE 3, 2003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN AMENDMENT TO SECTION 78 -682 OF THE CITY CODE OF ORDINANCES, ENTITLED "HISTORICAL AND ARCHAEOLOGICAL SITES," BY ADDING A THIRD CRITERION, AND TO ESTABLISH THE MacARTHUR BANYAN TREE AS A LOCALLY DESIGNATED HISTORIC AND /OR ARCHAEOLOGICALLY SIGNIFICANT SITE; PROVIDING FOR ENACTMENT OF SECTION 78 -683 OF THE CODE OF ORDINANCES, ENTITLED "MacARTHUR BANYAN TREE HISTORIC OVERLAY PROTECTION ZONE "; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Code of Ordinances of the City of Palm Beach Gardens presently does not contain language enabling the City Council to designate a site as historic or archaeologically significant; and WHEREAS, the Code of Ordinances of the City of Palm Beach Gardens does not list the MacArthur Tree as a locally historic site; and WHEREAS, the Code of Ordinances of the City of Palm Beach Gardens presently does not contain a historic overlay zone designed to protect the MacArthur Banyan Tree; and WHEREAS, the MacArthur Banyan Tree was located in the City of Palm Beach Gardens by the city founder, John D. MacArthur, and has historical significance to the residents of the City, and has become a landmark identifying the City; and WHEREAS, the original early 1960's entryway features, including fountains, pools, and most of the landscaping, were removed in the late 1970's and early 1980's; and WHEREAS, the City Council has determined that it is necessary to protect the MacArthur Banyan Tree because of its historic value to the community; and WHEREAS, on March 23, 1999, the Planning and Zoning Commission sitting as the Land Development Regulation Commission, found the subject revisions to be consistent with the Comprehensive Plan; and Ordinance 3, 2003 Page 2 WHEREAS, the City Council has determined the adoption of this Ordinance to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2. Section 78 -682 of the City's Code of Ordinances, entitled "Historical and archaeological sites," is hereby amended by amending or inserting the following (added language is underlined and deleted language stricken thfouth): Section 78 -682. Historical and archaeological sites. (a) Designation. The following criteria shall be used to designate a site of historical and archaeological significance in the City: (1) National listing. A site located in the City that is listed in the National Register of Historic Places maintained by the U.S. Department of the Interior pursuant to the Historic Preservation Act of 1966, as amended. (2) State listing. A site located in the City that is listed in the state master file maintained by the Bureau of Archaeological Research, Florida Department of State. (3) A site that is located in the City that has been officially designated ted by City Council as a historic and/or archaeological site. In making such a designation, City Council shall consider, but not be limited to, the following standards: a. The significance of the site as a landmark. b. The role of the site in the City's history or archaeological past. The City shall encourage that these sites be maintained in their historic and /or archeologically significant state, and not be altered, threatened, or removed. (4) The following is a list of sites, which have been designated as historic and/or archaeological sites per the standards herein: a. MacArthur Banyan Tree, located in the median on MacArthur Boulevard, just north of Northlake Boulevard. (b) Application. Any development activity on a property that contains a site of historical and archaeological significance as defined in this subsection shall be subject to the prevailing city, state and federal regulations. Ordinance 3, 2003 Page 3 SECTION 3. Section 78 -683 of the City's Code or Ordinances is hereby enacted, as follows: Section 78 -683 MacArthur Banyan Tree Historic Overlay Protection Zone (a) Purpose and intent. The MacArthur Boulevard Banyan Tree is actually two trees that have grown together. The trees are located at the entrance to the City of Palm Beach Gardens and have a unique history. City Founder John D. MacArthur had these trees planted at their current location in the early 1960's, and they have become an identifying landmark of the City. The first tree dates back to approximately 1881, and was planted at its current location in April of 1961. The second tree was planted at its current location a couple of years later. The intent of this section is to implement protective measures that preserve and enhance the MacArthur Banyan Tree for current residents and future generations. (b) Protection zone established. The MacArthur Banyan Tree Historic Overlay Protection Zone is hereby established and shall encompass the area located within 200 feet of the drip line of the MacArthur Banyan Tree located in the median of MacArthur Boulevard approximately 150 feet north of Northlake Boulevard. (c) Protection zone guidelines. (1) For the purposes of this section, the term "kill or damage" will include, but not be limited to, the following: a. Killing or removing the MacArthur Banyan Tree (the "Tree "); or b. Damaging the body of the Tree or its root structure through modifications of existing drainage patterns, water table, road, hydro period, or existing grade; or c. Causing the Tree or its branches to come in contact with any structure, vehicle, or utility ly_ (2) No clearing or development shall occur within the MacArthur Banyan Tree Historic Overlay Protection Zone unless approved by City Council. Applications to clear or develop within the MacArthur Banyan Tree Historic Overlay Protection Zone shall not be considered complete unless submitted with comprehensive analysis, prepared by a duly authorized environmental consultant, arborist or related landscape specialist, detailing the he impact of the proposed clearing or development on the MacArthur Banyan Tree. The City mays in its discretion, obtain an independent analysis at the applicant's expense. (3) Pruning of the MacArthur Banyan Tree is prohibited unless expressly authorized by the City. Ordinance 3, 2003 Page 4 (4) Any activity which kills or damages the MacArthur Banyan Tree, whether intentional or not, shall be considered a violation of this section. Such activity may include, but is not limited to, improvements or maintenance to roads or drainage systems. (5) Road widening shall be prohibited within the MacArthur Banyan Tree Historic Overlay Protection Zone unless it can be demonstrated that such widening will not kill or damage the Tree. Any road improvements conducted within the MacArthur Banyan Tree Historic Overlay Protection Zone shall use pervious concrete in the resurfacing of the roadway (unless otherwise approved the City Engineer). (6) No utilities (above ground or below round) shall be permitted above or within the crown of the MacArthur Banyan Tree, or within the root zone of the MacArthur Banyan Tree. (7) Development which occurs within the MacArthur Banyan Tree Historic Overlay Protection Zone shall provide for a substantial ag teway design to the entrance of the City at that location, on both sides of MacArthur Boulevard, including, but not limited to, the use of hardscapes and landscaping_ (d) Enforcement. The City shall enforce violations of this section by any and all means available. Sees. 78 -683 684 -78 -700. Reserved. SECTION 4. The City Clerk is hereby directed to ensure that the contents of this Ordinance be codified as part of the City. Code of Ordinances. SECTION 5. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. SECTION 6. All ordinances and resolutions of the City, or part thereof, which are in conflict with this ordinance, are hereby repealed. SECTION 7. This ordinance shall be effective upon adoption. PASSED, FIRST READING this PASSED, SECOND READING this PASSED, ADOPTED AND APPROVED this SIGNED: MAYOR JABLIN VICE MAYOR SABATELLO ATTEST: PATRICIA SNIDER, CITY CLERK VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO Ordinance 3, 2003 Page 5 day of , 2003 day of , 2003 day of , 2003 COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO I HEREBY CERTIFY that I have approved this ORDINANCE as to form. LEONARD RUBIN, CITY ATTORNEY AYE NAY ABSENT CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: January 17, 2003 Meeting Date: February 6, 2003 Ordinance 4, 2003 Subject /Agenda Item: Ordinance 4, 2003 — Benjamin High School PUD Amendment Public Hearing/Second Reading - Hank Skokowski of Urban Design Studio, agent for The Benjamin Private School, Inc., is requesting an amendment to the Benjamin School Planned Unit Development (PUD), which was approved by City Council by the adoption of Ordinance 30, 2000. The proposed amendments consist of an increase in the on -site upland preserve area, off -site mitigation of the wetland preserve area, relocation and redesign of the athletic fields, relocation of the field house and associated parking and minor modification to the approved architectural elevations. The 50 -acre Benjamin School PUD is located approximately one -half mile south of Donald Ross Road, on the west side of Central Boulevard. [ X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: FINANCE: NA City Council Action: Growth Management: Principal Planner Talal Benoth man, Project Costs: $ Total [ ]Approved [ ] App. w/ conditions City Attorney Manager [ ] Denied Jackie Hol o an $ Leonard Rubin, Esq. Planner Current FY [ ]Continued to: G, �� full' Development 7"' Compliance_ Funding Source: Bahareh Wolfs, AICP [ ] Operating Submitted by: Attachments: Growth Man ge t Advertised: [X] Other NA • Ordinance 4, 2003 ` Administrato Date: January 23, 2003 • Approved Ordinance 30, Charles K. Wu, AICP Paper: Palm Beach Post Budget Acct. #: 2000 NA • Applicant's Narrative & [ ] equired Justification • Memo from J. Schnelle Approved by: City Manag • DRC Comments Affected parties: Ronald M. err' • Approved Plan • Proposed Plans & [ X ]Notified Elevations [ ] Not Required • Location Map Date Prepared: January 17, 2003 Meeting Date: February 6, 2003 Ordinance 4, 2003 BACKGROUND On December 15, 2000, City Council approved 72,312 square feet of classroom and labs, 29,267 square feet of performing arts facility, 17,290 square feet of administrative and media center facilities, 52,194 square feet of physical education center, 11,187 square -foot cafeteria, athletic playing fields and four tennis courts on a 50 -acre campus. The approved site includes 7.9 acres of upland preserve and 4.93 acres of wetland preserve on site, meeting the requirements of Section 78 -250, Division IV of the Land Development Regulations (LDRs). The proposed amendments include a net reduction of 9,191 square feet of the overall campus square footage because of the field house square footage being consolidated with the gymnasium. The. amendments include the relocation of athletic fields and the field house closer to the remaining campus buildings. The relocation of the athletic fields will result in the elimination of the approved wetland preserves. The applicant has proposed to mitigate the wetland off -site at the Unit 11 site owned by the South Florida Water Management District, which is located outside of the City's jurisdictional lines and just west of the far northwest corner of the City, south of the Bee Line Highway. LAND USE & ZONING The subject site is zoned PUD Overlay with an underlying zoning of Public/Institutional (P/I), and has a future land -use designation of Residential Low (RL). A discussion on compliance with the City's Comprehensive Plan and Land Development Regulations is included in the "Project Details" section. CONCURRENCY Concurrency for this site was granted on May 8, 2000. The proposed amendment includes a decrease in the number of trips generated and, therefore, does not require an additional concurrency review. If this amendment is approved by City Council, staff will initiate the removal from all affected roadway segments the corresponding trips resulting from this reduction. The build -out date for the proposed development is December 31, 2004. In accordance with the original development order, the project shall be considered built -out if the student enrollment has reached the level as indicated in the traffic impact analysis (490), or 50% of square footage approved by this ordinance is completed. PROJECT DETAILS Building and Architecture The only building square footage amendment proposed consists of the consolidation of the field house with the gymnasium, which had previously been located to the north of the main campus area. While 2 Date Prepared: January 17, 2003 Meeting Date: February 6, 2003 Ordinance 4, 2003 there is an overall reduction of the total campus square footage, the combined field house and gymnasium, known as the "physical education building ", has been enlarged by an additional 12,747 square feet. The proposed physical education building shall consist of the same architectural style and "Jade Peach" wall and "Heron White" trim color scheme as the existing approval. However, the proposed architectural amendments include additional mansard roofing midway up the gymnasium walls providing for relief from excessive massing of the exterior gymnasium wall. This is an improvement from the approved architecture and a necessary addition to the expanded size of the structure. The proposed structure includes a parapet wall at 36 feet 4 inches in height. The maximum height permitted in Public - Institutional zoning districts is 36 feet. The applicant has received a waiver with the original approval to build up to 50 -feet in height. The applicant has provided revised elevations of the consolidated "physical education" building, which are attached to this report. Signs There is no additional signage proposed with this petition. Landscapin,alBuffering /Preservation The proposed amendments greatly affect the previously approved preserve. As mentioned previously, the applicant is proposing to replace the 4.93 -acre wetland preserve with six acres of on -site upland preserve, athletic playing fields, and tennis courts. The wetland preserve proposed for elimination would be mitigated in Unit 11 (a.k.a. Hungryland Slough) area northwest of the City. The proposed mitigation is consistent with South Florida Water Management District requirements. The mitigation would occur at an 8 to 1 ratio, which computes to approximately 39.4 acres at the off -site location. The proposed amendment is proposing 8.96 acres of uplands to satisfy the upland requirement, which is one acre greater than the original proposed upland preserve. Drainage The approved PUD site plan utilized the 4.93 -acre wetland for treating run -off prior to off -site discharge, which would require the applicant to raise the remainder of the site by approximately two feet. Upon completion of the Unit 2 drainage study, it was determined that filling the site to create the wetland was less preferable than the proposed amendment, which includes elimination of the wetland and additional storage on -site. Although the proposed amendment may be the preferred option for drainage purposes, it should be noted that the approved plan may be constructed as is and has met all requirements of both the South Florida Water Management District and the Northern Palm Beach County Improvement District. The City Engineer has reviewed the proposed amendments and is in support of the proposed amended plan relating to the provision of adequate drainage within the Unit 2 drainage basin. The City Date Prepared: January 17, 2003 Meeting Date: February 6, 2003 Ordinance 4, 2003 Engineer has confirmed verbally with staff that both the existing and proposed site plans meet the Unit 2 criteria and that drainage is not a deciding factor in relation to the proposed amendment. .S'itP Arrozs The proposed amendments do not affect the entrance driveways into the campus. The revised site plan still maintains an entrance along Central Boulevard at the same location. Parkin The proposed amendments include the elimination of the parking lot adjacent to the field house, which is also proposed for elimination. Additional parking spaces have been relocated to the approved parking area, along the western side of the subject site. The relocation shall result in the loss of two parking spaces. The applicant is still providing 31 spaces more than required by the LDRs. The applicant has requested a waiver from the LDRs, Section 78 -344, to allow all parking spaces to be 9.5 feet wide, with the exception of the eight 12 -foot wide handicap spaces. This waiver was not requested with the original approval of the PUD. Waivers The applicant is requesting the following waivers as part of the proposed amendment: (1) Waiver from Section 78- 441(c), which requires boundary plat approval prior to issuance of a building permit, to allow building permits for excavation and fill to be issued prior to approval of the plat. (2) Waiver from Section 78- 344(L)(1), which requires 10' x 18.5', to allow for 316 parking spaces to be 9.5' x 18.5' wide. The proposed plan with 9.5' wide parking spaces allows the applicant to provide an additional 4,100 square feet of open space. In addition, the proposed plan provides in excess of 70% open space overall which exceeds the 35% minimum by almost 30 acres. (3) Waiver from Section 78 -332, which requires littoral planting on lakes that are larger than one acre in size, to eliminate littoral plantings on the shelf area below the water line of the north Lake 2 and install littoral plants only around the lake's edge. 4 Date Prepared: January 17, 2003 Meeting Date: February 6, 2003 Ordinance 4, 2003 STAFF COMMENTS Upon initial review of the proposed amendments, staff had several issues and concerns regarding the elimination of a viable wetland with existing wetland species. The wetland location adjacent to the Central Boulevard Parkway would provide for a diversity of ecosystems within the parkway, which primarily consists of "Upland" eco- system. The applicant is now proposing off -site mitigation of the wetland to a location (Unit 11) west of the City's corporate boundaries. In addition, eliminating a wetland preserve on the site of an educational campus will eliminate the possibility of using the site for educational purposes for students. The proposed amendment is also changing the nature of the campus from a more passive, natural state to a more active condition. The applicant has contended that the proposed amendments are necessary to meet the anticipated needs of the students' athletic activities. The proposed amendments include expanding the number of tennis courts from four to nine, with the potential to conduct intra - school tournaments on site. Other benefits to be derived by the students include a combined field house and physical education building, and playing fields located closer to the building campus. The attached applicant's narrative provides justification for additional sports facilities in order to provide for the projected needs of the student population. As of August 31, 2002, the applicant has purchased the mitigation area west of the City, in coordination with the South Florida Water Management District. Therefore, staff supports the conversion of the on -site wetland to the upland preserve. Staff and the applicant have reached a compromise solution to allow for this application to move forward with a recommendation of approval. The proposed amendment will eliminate a higher quality upland preserve area to the west of the proposed wetland area on the approved plan. In addition, the proposed plan requires conversion of the wetland to an upland system, which will result in a lower quality upland habitat than what is being proposed for elimination. To mitigate the negative effects of the proposed amendment to the approved upland habitat, the applicant has revised the site plan to provide for an additional 1.07 acres of upland preserve on -site, in addition to the 8 for 1 mitigation area proposed within Unit 11. The applicant has amended the northern drainage lake, which has already been approved, to provide for the additional preserve area and has made adjustments to the littoral planting plans per the recommendation of the City Engineer. City Forester Comments The City Forester has reviewed the revised plans and has concerns regarding possible utilities and grade changes near the proposed preserve areas. The City Forester is, therefore, recommending the following conditions: • Condition No. 1 of Ordinance 30, 2002, shall be amended to read, "Within six (6) months 5 Date Prepared: January 17, 2003 Meeting Date: February 6, 2003 Ordinance 4, 2003 from the issuance of the clearing permit..." The current language requires the roadway landscaping to be installed prior to the certificate of occupancy or completion of the athletic fields. • The applicant shall return to City Council for an amendment to the PUD if 8.96 acres cannot be preserved because of conflicts with private or public utilities or grade changes (transition zones), except for the meandering public sidewalk along Central Boulevard. City Engineer Comments In a memorandum received January 6, 2003, the City Engineer recommended the following: • Sports lighting shall be shielded from adjacent residential properties; • The maintenance easement for Lake #1 shall show a bulb -out turnaround on all plans; • All littoral plantings need to be shown on all plans; • Plat dedication language for Lake Tracts L -1 and L -2 shall be revised; • A waiver shall be requested for 9.5 -foot wide parking spaces; • A detailed design of the slope from Grande Flora right -of -way line to the existing preserve shall be provided; and • The use of bollards at the emergency access from Buccaneer Way shall be approved by the Fire Rescue Department. (The Fire Rescue Department has reviewed the site plan and has no adverse comments or concerns at this time) PLANNING AND ZONING COMMISSION ACTION The Planning and Zoning Commission held a public hearing for Petition PUD -02 -05 on October 22, 2002. The Commission voted 7 -0 to recommend to City Council approval of this petition with conditions of approval and the requested waivers. CITY COUNCIL ACTION At the meeting of January 16, 2003, the City Council voted 4 -0 to approve Ordinance 4, 2003, on first reading, with three waivers and conditions. STAFF RECOMMENDATION Staff recommends approval of Ordinance 4, 2003, with waivers and conditions of approval. GM on Pbg ... /Molloman/folder: Benjamin school/PUD0205 cc stf Benj scl.doc [i Date Prepared: January 17, 2003 CITY OF PALM BEACH GARDENS, FLORIDA ORDINANCE 4, 2003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF AN AMENDMENT TO THE BENJAMIN PRIVATE HIGH SCHOOL PLANNED UNIT DEVELOPMENT BY ALLOWING AN INCREASE IN ON -SITE UPLAND PRESERVE AREA, OFF -SITE MITIGATION OF THE WETLAND PRESERVE AREA, RELOCATION AND REDESIGN OF THE ATHLETIC FIELDS, RELOCATION OF THE FIELD HOUSE AND ASSOCIATED PARKING, AND MINOR MODIFICATION TO THE APPROVED ARCHITECTURAL ELEVATIONS, LOCATED APPROXIMATELY ONE -HALF MILE SOUTH OF DONALD ROSS ROAD ON THE WEST SIDE OF CENTRAL BOULEVARD, AND AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application (PUD- 02 -05) from the Benj amin Private School, Inc., for approval of an amendment to a previously- approved Planned Unit Development (PUD) (Ordinance 30, 2000), known as the Benjamin Private High School to allow for the modification and increase to the on -site upland preserve area, the off -site mitigation of the wetland preserve area, relocation and redesign of the athletic fields, relocation of the field house and associated parking, and minor modification to the approved architectural elevations, located approximately one - half mile south of Donald Ross Road on the west side of Central Boulevard, as more particularly described in Exhibit "A" attached hereto; 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 subject site is zoned Planned Unit Development (PUD) Overlay with an underlying zoning of Public /Institutional (P/I) and a land -use designation of Residential Low (RL); and WHEREAS, on October 22, 2002, the City's Planning and Zoning Commission held a public hearing and recommended approval of the subject petition; and Date Prepared: January 17, 2003 Ordinance 4, 2003 WHEREAS, the City Council has determined the adoption of this Ordinance to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2: The City Council hereby approves the application of Benjamin Private School, Inc., for an amendment to the Benjamin Private High School Planned Unit Development, to allow the modification of and increase to the on -site upland preserve area, the off -site mitigation of the wetland preserve area, relocation and redesign of the athletic fields, relocation of the field house and associated parking, and minor modification to the approved architectural elevations, located approximately one - half mile south of Donald Ross Road, on the west side of Central Boulevard. SECTION 3: Said amendment to the Planned Unit Development is approved subject to the following conditions, which shall be the responsibility of the applicant, its successors or assigns: 1. Prior to issuance of the first building permit, the applicant shall perform a detailed design of the south Grande Flora right -of -way line to verify that a maximum 3 to 1 (horizontal to vertical) slope to the existing preserve shall be obtained. Should the slope exceed 3 to 1, the applicant shall provide a retaining wall with a pedestrian handrail, which shall be reviewed and approved by the City Engineer prior to construction. (City Engineer) 2. The applicant shall be required to shield all light fixtures within the recreational areas from direct glare onto the adjacent residential properties. In addition, the applicant shall limit spillover to 0.5 foot - candles at the nearest residential property line. (City Engineer) 3. Required digital files of approved plat in its entirety transformed to NAD 83 State Plan Coordinate System shall be submitted to the Planning and Zoning Division prior to issuance of the first building permit. Approved civil engineering as -built design and architectural drawings shall be submitted to the Planning and Zoning Division prior to issuance of the first Certificate of Occupancy. (GIS Manager and Development Compliance) 4. If any utility installations, grade changes, or other modifications to the site should cause the on -site upland preserve acreage to become less than 8.96 acres, the applicant shall return to the City Council for review and approval of a PUD amendment to address upland preserve mitigation. (City Forester) 5. Condition No. 1 of Ordinance 30, 2002, shall be amended to read, "Prior- to issuanee of the ccrtrrxcacrvrrvr- cvrrrprccrvrrf6r- - the -airrr „r' e>> _.i iehever- first eeeufs Within six (6) months from the issuance of the clearing permit, the 2 Date Prepared: January 17, 2003 Ordinance 4, 2003 applicant, successors or assigns shall install and maintain in perpetuity, the Parkway System, including landscaping, irrigation, lighting and related amenities to City specifications per the citywide streetscaping beautification program, in the road shoulders and median within the right -of -way, along Central Boulevard and the future East -West Roadway. The City shall require as a condition of approval of any new project located on the east side of Central Boulevard, across from subject site, that they bear the proportionate share of the cost of the continued maintenance thereof. In the event a Special Parkway District is formed by the City of Palm Beach Gardens, or another entity, pertaining to the roadway maintenance around this project, the property owner, or its successors, shall immediately become a member of said district. The exact location of irrigation lines and electrical sleeving shall be determined at time of construction plan approval. The Growth Management Director may grant a one -time three -month time extension provided a good faith effort is being made by the applicant to install the required landscaping, irrigation, lighting and related amenities. (City Forester) 6. All previous conditions of Ordinance 30, 2000, shall remain in effect. (Planning & Zoning) SECTION 4: City Council hereby grants the following waivers with this approval: 1. A waiver to allow building permits for excavation and fill and vertical structure to be issued prior to plat approval. Section 78- 441(c) requires boundary plat approval prior to issuance of a building permit; and 2. A waiver to allow all parking spaces, except handicap parking spaces, to be 9.5' wide x 18.5' long. Section 78- 344(1)(1) of the LDRs requires 10' x 18.5' parking spaces. 3. A waiver to eliminate littoral plantings on the shelf area below the water line of the north Lake 2 and install littoral plants only around the lake's edge. Section 78 -332 of the code requires littoral planting on lakes that are larger than one acre in size. SECTION 5: Amendment to the Benjamin School Planned Unit Development shall be in compliance with the following plans on file with the City's Growth Management Department: 1. December 20, 2002 Master PUD Site Plan, Urban Design Studio, sheets SP -1 - SP -4. 2. December 20, 2002 Landscape Plans, Urban Design Studio, sheets 1 - 5. 3. December 20, 2002, PUD Parkway Plan (sections and plan views), Urban Design Studio, Section A -A. 4. June 3, 2002, PUD Parkway Plan (sections and plan views), Urban Design Studio, Sections C -C, and D -D. 5. April 4, 2002, Architectural Elevations and Plans, Schwab, Twitty, and Hanser, Sheets Al. 1.0 through A 3.7.1, 23 sheets. 6. December 20, 2002, Conceptual Drainage Plan, Schaefer, Fagan, 2 sheets. 7. April 13, 2002, Boundary and Topographic Survey, Schaeffer Fagan, 2 sheets. 8. December 19, 2002, Site Photometric Plan, KAMM Consulting, 7 sheets. Date Prepared: January 17, 2003 Ordinance 4, 2003 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: This approval expressly incorporates and is contingent upon representations made by the applicant's agents at all workshops and public hearings pertaining to this project. SECTION 8: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 9: This ordinance shall become effective upon the day of adoption. PASSED, FIRST READING this day of 52003. PASSED, SECOND READING this day of , 2003. PASSED, ADOPTED AND APPROVED this day of ,2003. [This space is left blank intentionally.] 4 SIGNED: MAYOR JABLIN VICE MAYOR SABATELLO ATTEST: PATRICIA SNIDER, CITY CLERK VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO Date Prepared: January 17, 2003 Ordinance 4, 2003 COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO I HEREBY CERTIFY that I have approved this ORDINANCE as to form. LEONARD RUBIN, CITY ATTORNEY AYE NAY ABSENT GM on Pbg ... /JHolloman/folder Benjamin school/PUD -02 05 Benj schl Ord.doc E ORB x:11: LEGAL DESCRIPTION PARCEL ON CENTRAL BOULEVARD A PARCEL OF LAND LYING IN SECTION 25, TOWNSHIP 41 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE .PARTICULARI Y nFgr'PlR =n AC FOLLOWS: - - — - -- • -- ......."�...- %J COMMENCING AT THE INTERSECTION OF THE SOUTH RIGHT -OF -WAY LINE OF DONALD .ROSS ROAD WITH THE WEST RIGHT -0F -WAY LINE OF CENTRAL BOULEVARD; THENCE, SOUTH 0048104" WEST, ALONG SAID WEST RIGHT -OF -WAY LINE, A DISTANCE OF 1269.31 FEET FOR A POINT OF BEGINNING. THENCE, CONTINUE SOUTH 00 °48'04" WEST ALONG SAID WEST RIGHT -OF -WAY LINE, A DISTANCE OF 2335.74 FEET; THENCE, NORTH 89 °11'56" WEST, DEPARTING SAID WEST RIGHT -OF -WAY LINE, A DISTANCE OF 944.95 ,FEET. -TO THE_ INTERSECTION THEREOF WITH THE WEST LINE OF THE SOUTH ONE-HALF OF SAID SECTION 25; THENCE, NORTH 01 °17'32" EAST, ALONG SAID WEST LINE OF SECTION 25, A DISTANCE OF 1050.56 FEET TO THE WEST ONE - QUARTER CORNER OF SAID SECTION 25; THENCE, NORTH 01 020'37 "'.EAST, ALONG.THE WEST LINE OF THE NORTH ONE -HALF OF SAID SECTION 25, A DISTANCE OF 1274.76 FEET; THENCE, SOUTH 89 °51'04" EAST, DEPARTING SAID WEST LINE OF SECTION 25, A DISTANCE OF 923.93 FEET TO THE POINT OF BEGINNING. Ordinance 30, 2000 Date Prepared: December 8, 2000 ORDINANCE 30, 2000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF THE APPLICATION OF THE BENJAMIN PRIVATE SCHOOL, INC., FOR REZONING OF 50 ACRES OF LAND, LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF CENTRAL BOULEVARD AND AN UNNAMED FUTURE EAST -WEST ROAD AS MORE PARTICULARLY DESCRIBED HEREIN, FROM PLANNED DEVELOPMENT AREA (PDA) TO PUBLIC /INSTITUTIONAL (P 11) WITH A PLANNED UNIT DEVELOPMENT (PUD) OVERLAY, IN ORDER TO CONSTRUCT A 187,671 SQUARE FOOT PRIVATE HIGH SCHOOL CAMPUS; PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from The Benjamin Private School, Inc., for approval of rezoning of 50 acres of land located at the northwest comer of the intersection of Central Boulevard and unnamed future east -west road from Planned Development Area (PDA) to Public /Institutional (PA) with a Planned Unit Development (PUD) overlay as more particularly described in Exhibit "A° attached hereto; 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 unit development (PUD) known as "The Benjamin Private Upper School'; and WHEREAS, the City's Planning and Zoning Commission has reviewed said application and recommended that it be approved with the requested waivers and subject to certain conditions. Ordinance 30, 2000 Date Prepared: December 8, 2000 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 rezones 50 acres of land owned by The Benjamin School, Inc., located at the northwest comer of the intersection of Central Boulevard and unnamed future road, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference, from Planned Development Area (PDA) to Public /Institutional (P /1) with a Planned Unit Development (PUD) overlay, in order to allow the construction of a 187,671 square foot private high school campus. The PUD will be known as "The Benjamin Private Upper School." SECTION 2. Said Planned Unit Development is approved subject to the following conditions which shall be the responsibility of the applicant, its successors or assigns: (1) Prior to issuance of the certification of completion for the athletic fields or the first certificate of occupancy, whichever first occurs, the applicant, successors or assigns shall install and maintain in perpetuity, the Parkway System, including landscaping, irrigation, lighting and related amenities to City specifications per the citywide streetscaping beautification program, in the road shoulders and median within the right -of -way, along Central Boulevard and the future East -West Roadway. The City shall require, as a condition of approval of any new project located on the east side of Central Boulevard, across from subject site, that they bear the proportionate share of the cost of the continued maintenance thereof. In the event a Special Parkway District is formed by the City of Palm Beach Gardens, or another entity, pertaining to the roadway maintenance around this project, the property owner, or its successors, shall immediately become a member of said District. The exact location of irrigation lines and electrical sleeving shall be determined at time of construction plan approval. (City Forester) (2) Prior to the issuance of Certificate of Occupancy, all exotic vegetation shall be removed from the site. (City Forester) (3) Prior to the issuance of first building permit, the applicant must submit a letter from Northern Palm Beach County Improvement District (NPBCID) that verifies the release of all ties /holdings that 2 Ordinance 30, 2000 Date Prepared: December 8, 2000 NPBCID has or plans to have in the future with the lakes on the Benjamin School site. All lakes will be required to remain privately owned and shall be maintained in accordance with a management plan consistent with section 117 of the City's LDRs. The management plan must be submitted by the applicant and approval by the City Engineer prior to the first certificate of occupancy. (City Engineer, Planning & Zoning) (4) No building permits except for the clearing of exotic vegetation shall be issued until a revised Surface Water Management System for Unit 2 has received final approval from the City of Palm Beach Gardens and all other applicable governments and agencies, including a schedule for implementing the plan and a definitive commitment for funding from the required improvements, unless otherwise approved by the City Engineer. (City Engineer, Planning and Zoning) (5) The build -out date of this project is December 31, 2004 as referenced in their March 10, 1999 traffic impact analysis. For the purposes of this condition, the project shall be considered built -out if the student enrollment has reached the level as indicated in the traffic impact analysis, or 50% of square footage approved by this ordinance is completed. (Planning and Zoning) (6) The number of students shall not exceed 490 as indicated in the traffic impact analysis. Enrollment shall be verified by City staff. An annual report indicating the number of students shall be submitted to the City on or before December 31" of each year. (7) Prior to the issuance of the permit for site drainage, the City shall review and approve construction details for littoral zones, including their location, slopes and vegetation. As a requirement, at least 50% of the shoreline shall be planted with wetland trees and /or aquatic plants at ten square feet of littoral zone for every one linear feet of shoreline. There shall be a minimum of one tree for every 80 square feet and plants shall be on three -foot centers, minimum. 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. (City Engineer) (8) Prior to issuance of the first certificate of occupancy, the applicant 3 Ordinance 30, 2000 Date Prepared: December 8, 2000 shall submit all legal documents pertaining to ownership and maintenance of the property to the City for review by the City's legal counsel and the City Forester. (Planning and Zoning, City Engineer) (9) The open space/landscape maintenance and environmental preserve management plan shall be found sufficient by the City Forester prior to final approval of construction drawings or commencement of land alteration. The City shall review documents for landscaping maintenance and management language that meets or exceeds the City's guidelines included in the City's Landscape Handbook and City Codes. (Planning and Zoning) (10) The City will assess the Developer a pro -rata share of the City's cost to review and comment on Northern Palm Beach County Improvement District's (NPBCID) Unit 2 Environmental Resource Permit Modification based upon the project's acreage within NPBCID's Unit 2. (City Engineer) (11) Prior to issuance of the first building permit, the petitioner shall submit construction plan drawings that indicate a sidewalk along the southern side of the East -West Road right -of -way, in accordance with the LDRs. SECTION 3. The following waivers are hereby granted with this approval: • Section 76, to allow for a 53 foot high structure to exceed code requirement by 8 feet. • Section 180 (3), Number of Parking Spaces in excess of 10% required parking. • Section 282, Lake Maintenance Tract, to allow for vertical structures within the 25 foot Lake Maintenance Easement. SECTION 4. Construction of the Planned Unit Development shall be in compliance with the following plans on file with the City's Growth Management Department: 1. Date Stamped November 29, 2000 Master Site Plan, Urban Design Studio, Sheets SP -1 through SP -3. 2. September 7, 2000 Engineering and Landscape Plan, Urban Design Studio, 1 Sheet. 3. October 3, 2000 Landscape Plans, Urban Design Studio, 4 Ordinance 30, 2000 Date Prepared: December 8, 2000 Sheets 1 through 6. 4. September 8, 2000 Plant List and Detail Sheet, Urban Design Studio, 1 Sheet. 5. September 7, 2000 PUD Parkway Plan, Urban Design Studio, 12 Sheets. 6. April 5, 2000 Architectural Elevations and Plans, Schwab, Twitty and Hanser, Sheets A -1.1.1 through A -3.1.3 and A- 3.1.5. 7. August 9, 2000 Architectural Elevations, Schwab, Twitty and Hanser, Sheet A- 3.1.4. 8. July 6, 2000 Sports Complex Lighting Design, Hubbell Lighting, 1 Sheet 9. October 2, 2000 Photometric Plan, AGI , 1 Sheet 10. October 6, 2000 Conceptual Drainage Plan, Scheaffer and Fagan, 2 Sheets. 11. April 13, 2000 Boundary and Topographic Survey, Benchmark Surveying, 2 Sheets. 12. March 10, 1999 Traffic Impact Analysis, Kimley — Horn Associates, 17 pages 13. March, 1999 Environmental Assessment, E.W. Consultants, 16 pages. SECTION 5. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. SECTION 6. 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 7. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THE 2nd DAY OF NOVEMBER 2000. PLACED ON SECOND READING THIS DAY OF 200_. PASSED A"QOfEVIS DAY OF 200_. t R. RUSSO 5 Ordinance 30, 2000 Date Prepared: December 8, 2000 V16eQAYOR IC J BL�IN' Lt) COUNCILWOMAN LPAIREN FURTADO CILMAN(0AVf ID CLARK COUNCILMAN CARL SABATELLO ATT T BY: 'CAROL 00C, INTERIM CITY CLERK APPREQED.AST0 LEGAL FORM-AND SUFFICIENCY BY: CITY ATTORNEY VOTE: AYE NAY MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO ✓ COUNCILMAN CLARK COUNCILMAN SABATELLO \\FILE SWCOMPROMShort Range \pud0001or1.doc 6 ABSENT i i `1 f]RR 1 1 01Z,4 Pg 1$ 1 4.11L LEGAL DESCRIPTION PARCEL ON CENTRAL BOULEVARD A PARCEL OF LAND LYING IN SECTION 25, TOWNSHIP 41 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH RIGHT -OF -WAY LINE OF DONALD -ROSS ROAD WITH THE WEST RIGHT -OF -WAY LINE OF CENTRAL BOULEVARD; THENCE, SOUTH W4V"' WEST, ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 1259.31 FEET FOR A POINT OF BEGINNING. THENCE,. CONTINUE SOUTH 00 °48'04." WEST ALONG SAID WEST RIGHT -OF -WAY LINE, A DISTANCE OF 2335.74 FEET; THENCE, NORTH 89 011'56" WEST, DEPARTING SAID WEST RIGHT -OF -WAY LINE, A DISTANCE OF 944.95 FEET TO THE INTERSECTION THEREOF WITH THE WEST LINE OF THE SOUTH ONE -HALF OF SAID SECTION 25; THENCE, NORTH 01417'32" EAST, ALONG SAID WEST LINE OF SECTION 25, A DISTANCE OF 1050.56 FEET TO THE WEST ONE - QUARTER CORNER OF SAID SECTION 25; THENCE, NORTH 01 °20'37" EAST, ALONG THE WEST LINE OF THE NORTH ONE -HALF OF SAID SECTION 25, A DISTANCE OF 1274,76 FEET; THENCE, SOUTH 89 °51'04" EAST, DEPARTING SAID WEST LINE OF SECTION 25, A DISTANCE OF 923.93 FEET TO THE POINT OF BEGINNING. N .5 CITY OF PAW BE, �nFNS PROJECT NARRATIVE: PLANNING & ZONING BENJAMIN PRIVATE HIGH SCHOOL PLANNED UNIT DEVELOPMENT AMENDMENT REQUEST APRIL 12, 2002 Request/Location This is a request for a Planned Unit Development amendment for the Urban Design Urban Planning Land Planning Landscape Architecture Communication Graphics Benjamin High School. The Benjamin Private High School is a 50 acre tract of vacant land located on the west side of Central Boulevard approximately 'h mile south of Donald Ross Road. East o* f the site is the campus of Dwyer High School. The current zoning is P/U -PUD with a land use designation of RL. To the north and south of the site are vacant lands with the PDA zoning designation. The purpose of this request for a PUD amendment is to allow for the off -site mitigation of the wetland preserve area; relocation and redesign of the athletic fields; and the relocation of the field house and associated parking. The wetland preserve area that is being relocated will be mitigated off -site to Unit 11. By eliminating the wetland preserve this will allow for expanded open space and recreational area for the school. The athletic fields will now be regulation size fields. The combination of gymnasium and field house will allow all of the buildings and parking to be located at the west side of the property away from the street. The property is owned by The Benjamin Private School, Inc. The Benjamin Private School intends to develop the entire 50 -acre parcel as a private high school campus which will include 72,312 square feet of classrooms and labs, 29,267 square feet of performing arts facilities, 17,290 square feet of administrative and media center facilities, 52,194 square feet of physical education facilities and field house, 11,187 square feet of food service facilities, one soccer /track field; one softball field; one baseball field; a soccer /football field; and four tennis courts. There is a proposed decrease in square footage of 9,191 square feet. The decrease in square footage is based on the consolidation of the field house and gymnasium. Up to 490 students are expected to attend the private high school. The performing arts facility has a seating capacity of 750 seats. The football /soccer field has a seating capacity of 490 seats. The performing arts facility and the athletic field will not be used simultaneously or during school hours. History The Benjamin Private High School Planned Unit Development (PUD) application was approved by Ordinance No. 30, 2000 in December 2000. The concurrency for the PUD request was granted May 8, 2000. This request is consistent with the Forbearance Agreement adopted by the City Council on April 15, 1999. 2000 Palm Beach Lakes Boulevard GACOMMOTNoWBenjamin School \PUDAmend02\PUDAppLU.041102.wpd Suite 600 The Concourse LCC35 West Palm Beach, Florida 33409 561.689.0066 561.689.0551 fax Irvine, CA 714.489.8131 Benjamin High School PUD Amendment Application April 12, 2002 Page 2 Compliance/Land Use This is a request for an amendment to a previously approved PUD. The modifications requested are in compliance with all of the elements of the City's Comprehensive Plan. The request meets all adopted levels of service within the City. The site has a future land use designation of RL and a zoning designation of Public or Institutional P/I - Planned Unit Development. East of the site is the campus of Dwyer High School, which has a future land use designation of Public (P) and a zoning designation of Public or Institutional (P/I). To the south is the San Michele PUD single family home project. To the west of the site is vacant lands with the PDA zoning designation and RL future land use designation. To the north is a vacant piece of land with a PDA zoning designation and a Mixed Use (MXD) future land use designation. Phasing Development of this project is planned in one phase. Access The main entrance to the site will be from the future east -west road between the San Michele PUD neighborhood and the subject site. The construction of the road will be part of the construction of the high school facilities. A secondary entrance is also proposed from the future east -west roadway. It is anticipated that this will service students driving to the site. Another entrance is proposed from Central Boulevard. This entrance will be used when athletic activities are planned during the off - school hours. When athletic activities are not planned, this entrance will be gated in order to provide limited access to and from the school during school hours. This Central Boulevard entrance will not be used for entrance to the school during school days. Deceleration lanes are proposed on the southbound Central Boulevard leading toward the future east -west roadway and the athletic fields entrance to the school site. Left turn lanes are also proposed for entrance into the east -west road and the athletic fields entrance. EXISTING USE ZONING FUTURE LAND USE SUBJECT PROPERTY: Benjamin High School - Vacant P/I - PUD RL TO THE NORTH: Vacant PDA MXD TO THE SOUTH: San Michele PUD PUD with underlying RL -3 RL TO THE EA ST. Dwyer High School P P/I TO THE WEST: Vacant PDA RL GACOMMONVobMenjamin School\PUDAmend02\PUDAppLtr .041102.wpd LCC35 Benjamin High School PUD Amendment Application April 12, 2002 Page 3 Architectural Style The high school is designed in a Contemporary style featuring stucco buildings with towers and flat concrete tile roofs. As part of this application there have been minor changes to the architecture, however the style of architecture is the same. The roof styles include mansard and hip. All rooftop equipment will be screened. The color of the buildings will be peach and white, as indicated in the submitted renderings. The school facilities will be one and two stories in height. The gymnasium and performing arts facility will be larger in height. The midpoint of the roof of the flyloft of the performing arts facility will be 50 feet in height. Lighting Twenty-five foot light poles are provided within the parking and drive aisles within the school campus. As indicated in the attached photometric plans, the lighting plan conforms with the City Code lighting requirements. On the athletic fields, 70 -foot light poles are provided. The tennis courts will have 35 -foot poles. The lighting for the athletic facilities will be installed to directed the light onto the subject facilities. There will be no light shining on adjacent properties. Landscape Plans This application includes significant preservation of upland species. A 100 -foot upland preserve and parkway is proposed along Central Boulevard. Along the future east -west roadway, a 25 -foot boundary incorporating the existing upland habitat is proposed. Along the western boundary, a 25 -foot FPL easement is proposed. In addition to this easement, a 10 -foot landscape buffer is proposed. Within the school campus, royal palms, cabbage palms, live oaks, satinleafs and green buttonwoods are used to provide accent and shade for the students and employees within the campus. The school colors of orange and blue will be highlighted on campus through the use of flowering trees, accent plants and flower beds. City Codes require 72,048.2 landscaping points to meet code requirements. We are provided 92,567.3 landscaping points on the submitted landscape plan. Parking The current City parking for schools is one space per classroom, plus 1 spaceper 250 s.f. of office, plus one space per three students. There are 59 classrooms (including languake, media, computer and biology labs) and 17,290 s.f. of office space proposed, in addition to the 490 students. Under this calculation, 293 parking spaces are required pursuant to the City Code. The high school is proposing 324 parking spaces. The number of parking spaces provided on the site plan was determined through experience at the current Benjamin Upper School. Most of the senior students drive and a significant portion of the juniors also drive. For the younger students, parents drop -off the students at school. There GACOMMONVoWBenjamin School\ PLTDAmend02\PUDAppLtr.041102.wpd LCC35 Benjamin High School PUD Amendment Application April 12, 2002 Page 4 is no bus service provided by the school. However, in the past, some parents have hired private van services to pick up and deliver students to the school. In addition to the student population, the campus also features athletic fields and a performing arts auditorium. The performing arts facility has a seating capacity of 750 seats. The football field has a seating capacity of 500 seats and the gymnasium has a capacity of 700. The performing arts facility, gymnasium and the athletic fields will not be used simultaneously or during school hours. Because there will not be overlapping activities, there will be sufficient parking for all the proposed uses on the site. Signage No sigriage is proposed at this time. When a signage program is developed, it will be submitted to the City for its review and approval. Drainage The previously approved wetland was intended to treat run -off water prior to being released from the site. In order to do this, the overall campus and athletic fields would need to be filled by an additional two (2) feet. Upon completion of the Unit 2 drainage study, it was determined that filling the site to that degree was in conflict with the Unit 2 drainage study parameters. Therefore the concept of filling the site to force a transitional pine flatwoods (hydric) to become a pretreatment "wetland" was abandoned by the client and the jurisdictional agencies. The area previously described as "wetland" shall be supplementally planted to enhance its upland characteristics. GACOMMOMobs%enjamin School\PUDAmend02\PUDAppLtr .041102.wpd LCC35 MEMORANDUM TO: Jackie Hollow FROM: Anne Booth DATE: January 15, 2003 SUBJECT: Benjamin High School - Litoral Zone Waiver ur n Urban Design Urban Planning Land Planning Landscape Architecture Communication Graphics Please accept this memorandum as our request for a waiver from Section 78 -332 Littoral Planting Zones, which requires littoral planting on lakes that are larger than one acre in size. This request is to allow the northern water management tract to be exempt from the littoral planting requirements within the lake due to it's future configuration as a conveyance canal. The current lake configuration includes a berm on the northern property line which ultimately will be removed to incorporate the lake into the Unit 2 water management system as a conveyance canal. Once the system is opened up, the water levels are anticipated to fluctuate to an extent that there is concern about the survivability of littoral plants on the littoral shelf. The applicant is proposing to plant the lake edge as required by the code, but is asking for a waiver from the littoral shelf below the edge of the water. 2000 Palm Beach Lakes Boulevard Suite 600 The Concourse West Palm Beach, Florida 33409 -6582 561.689.0066 561.689.0551 fax Irvine, CA 714.489.8131 L WAIVER REQUEST Benjamin High School PUD Amendment October 14, 2002 Parking Stall Width Urban Design The applicant is requesting a waiver from Section 78 -344 1 1 Urban Planning ( )() a Land Planning which requires that a standard parking space be a minimum of 10 feet Landscape Architecture wide. The applicant is requesting that the parking space width be Communication Graphics reduced to 9.5 feet as provided for in Section 78- 344(1)(1)c, and which is subject to City Council approval. The proposed development is a high - school facility with limited parking lot activity similar in nature to an office building. Once cars are parked, they do not typically move until the end of the school day. This low turnover rate lends itself to the smaller parking spaces, and provides the applicant with an opportunity to increase the open space on the site. In accordance with the Land Development Regulations, when a request is made to reduce the width of parking spaces, additional open space must be provided at the ratio of 1.5 sf for each sf of parking area that is reduced. The reduction of paved area for the required parking is 2710.25 square feet. (9.25 sf x 293 spaces). The additional open space required is 4065.37 sf ( 2710.25 sf x 1.5). The proposed plan with 9.5 foot spaces allows the applicant to provide an additional 4100 square feet of open space. In addition, the proposed plan provides in excess of 70 % open space overall which exceeds the 35% minimum by almost 30 acres. Permits Prior to Platting The applicant is requesting a waiver from Section 78- 441(c) to allow building permits be issued prior to the plat being recorded. The applicant would like to be allowed to start excavation and fill operations prior to the plat being recorded. The review and approval of this amendment has taken longer than the applicant had anticipated and approval of this request will allow the applicant to proceed with site preparation work in keeping with the construction and scheduled opening of the school. It is the applicants intent to have the plat recorded prior to vertical construction permits being issued. 2000 Palm Beach Lakes Boulevard Suite 600 The Concourse West Palm Beach, Florida 33409 561.689.0066 561.689.0551 fax Irvine, CA 714.489.8131 L h CONSULTING CIVIL ENGINEERS, SURVEYORS & MAPPERS CIVIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEY & MAPPING GIS "Partners For Results Value By Design" w 3550 S.W. 6rate Pkwy. Palm Citv, FL 3499MVv (561) 2864893 Fax (561) 286 -3925 www.lbf[i.com MEMORANDUM TO: Jackie Holloman FROM: Sean C. Donahue, P.E. DATE: December 30, 2002 FILE NO. 99 -4043 SUBJECT: The Benjamin School — PUD Amendment We have reviewed the following plans and information received December 23, 2002: • Master PUD Site Plans prepared by Urban Design Studio • Landscape Plans prepared by Urban Design Studio • Conceptual Drainage Plan prepared by Schaefer & Fagan, Consulting Engineers We have the following comments: 1. Conditionally Satisfied. The applicant has submitted a revised Photometric Plan consistent with the PUD amendment request meeting the requirements of LDR Section 78 -182. The City's LDRs do not address sports lighting. Therefore, we recommend the following Development Order condition of approval, "The applicant is required to shield all light fixtures within the recreational areas from direct glare onto the adjacent residential properties. In addition, the applicant shall limit spillover to 0.5 foot- candles at the nearest residential property line. " 2. Previously Satisfied. 3. Not Satisfied. The applicant has provided a 20 -foot Lake Maintenance Easement (LME) along the southwest side of Lake #1 and a 10 -foot LME along the west side of Lake #1 consistent with the sketch prepared by Jonathan Ricketts, Inc. dated December 18, 2002, which was approved by the City Engineer. However, the approved sketch also shows a bulb -out turnaround area with an approximate 17 -foot radius at the northwest corner of Lake #1, which needs to be shown on the Site Plan, Landscape Plan, and Conceptual Drainage Plan. I_- ;' Not Satisfied. The applicant has not provided littoral plantings for Lake #2. The applicant states in their narrative response that the canal has been classified as a conveyance canal and therefore no littoral plantings are required. We agree that the NPBCID canal adjacent to Lake #2 is for conveyance and no littoral plantings are required within the canal easement. However, Lake #2 is a private lake and does require littoral plantings. Per Ordinance 30, 2000, The Benjarr,.. School — PUD Amendment LBFH File No. 99 -4043 Page 2 of 3 Section 2, Condition #3, all lakes are to be privately owned and maintained and littoral zones must meet the conditions set forth in Ordinance 30, 2000, Section 2, Condition #7. The applicant needs to revise the Site Plan, Landscape Plan, and Conceptual Engineering Plan to show littoral plantings consistent with Ordinance 30, 2000. Please note that the current plat received December 10, 2002 dedicates tracts L- 1 and L -2 (Lakes) to NPBCID for drainage purposes with perpetual maintenance obligations, which is in conflict with Ordinance 30, 2000. The applicant needs to revise the plat dedication language consistent with Ordinance 30, 2000 in addition to the previous plat review comments dated December 23, 2002. Comments #5 through #7 are previously satisfied. 8. Not Satisfied. The applicant is proposing 9.5 -foot wide standard parking spaces and has requested a waiver from LDR Section 78 -344, which requires parking spaces to be a minimum 10 -foot wide. Please note that we remain in support of the City's LDR requirements. Comments #9 through #14 are previously satisfied. 15. Not Satisfied. The Typical East/West 80' Roadway cross section detail needs to be revised to be consistent with the Conceptual Drainage Plan and Site Plan; which shows the roadway centerline approximately 53 feet from the north right - of -way line (i.e. the roadway centerline is offset within the 80 -foot right -of- way). The detail also shows a 3 to 1 (horizontal to vertical) slope to the existing preserve without having topographic information for the preserve. Therefore, we recommend the following Development Order Condition, "Prior to issuance of the first building permit, the applicant will perform a detailed design of the south Grande Flora right -of -way line to verify that a maximum 3 to 1 (horizontal to vertical) slope to the existing preserve shall be obtained. Should the slope exceed 3 to 1, the applicant shall provide a retaining wall with a pedestrian handrail subject to review and approval by the City. " The Paver Detail on the Site Plan has been revised and is consistent with the Paver Brick Detail on the Conceptual Drainage Plans specifying 1 -inch of sand. Comments #16 through #19 are previously satisfied. 20. Conditionally Satisfied. The entrance to the 15 -foot sidewalk/20 -foot stabilized emergency access from Buccaneer Way is indicated on the Site Plan to be blocked by bollards, which will prevent easy access during an emergency. The applicant states in their narrative dated December 20, 2002 that the purpose of the bollards is to discourage students from driving on the sidewalk and the bollards are easily removed to provide emergency vehicle access. We recommend that the bollards be deleted from the plans, providing easy access to emergency vehicles, and "pedestrian only" signs are used to discourage students from driving on the sidewalk. However, if the use of bollards are The Benjam.. school — PUD Amendment LBFH File No. 99 -4043 Page 3 of 3 accepted and approved by the Fire Department, we will have no further comments. 21. Satisfied. The applicant has revised Central Boulevard Buffer Section A -A plan view and cross - section to specify "Preserve Areas" in lieu of wetlands, which is consistent with the Site Plan. Comments #22 through #25 are previously satisfied. 26. Satisfied. The Conceptual Drainage Plan has been revised to eliminate the 18- inch culvert at the southeast corner of Lake #1 as it was an apparent drafting error. The applicant is requested to return a copy of our comments with the applicant's acknowledgement of each comment and the response. Compliance will expedite the subsequent review. SCD /tj cc: Talal Benothman Scott Fetterman — Fire Department Mark Hendrickson — City Forester \\Pc\Projects\PB GMEMO \4043\4043 x.doc MEMOflAtlDU�' TO: Jackie H FROM: Anne Bo DATE: December 20, 2002 SUBJECT: Benjamin High School - Response to Engineering Comments uran Urban Design Urban Planning Land Planning Landscape Architecture Communication Graphics Please accept the following responses to Sean Donahue's memo dated December 12, 2002. Sean's comments are in bold, with our responses following: Conditionally Satisfied. The applicant has submitted a revised Photometric Plan consistent with the PUD amendment request meeting the requirements of LDR Section 78 -182. The City's LDR's do not address sports lighting. Therefore, we recommend the following Development Order condition of approval, "The applicant is required to shield all light fixtures within the recreational areas from direct glare onto the adjacent residential properties. In addition, the applicant shall limit spillover to 0.0 foot- candles at the nearest residential property line. " It is our understanding that the code allows a spillover limit to 0.5 foot - candles, and that the reference above to 0.0 is an error. The applicant will agree with this condition with the understanding that the light -level limit is 0.5. The applicant is proceeding with amending the photmetric plan to comply with this requirement, and will provide the updated plan to the staff prior to the City Council meeting. 2. Satisfied 3. ......Not Satisfied. It is our understanding that the applicant will revise the LME to extend around the southern lake, as was shown in the sketch attached to our October 10, 2002 memorandum. Attached are amended Site, Landscape and Conceptual Engineering plans which have been modified to reflect the location of the LME. 1 tine o -` -- co 2000 Palm Beach Lakes Boulevard Suite 600 The Concourse West Palm Beach, Florida 33409 -6582 561.689.0066 561.689.0551 fax Irvine, CA 714.489.8131 Ms. Jackie Hollowman - Benjamin High School Page 2 December 20, 2002 4. Not Satisfied. The applicant has provided littoral plantings outside of the LME, while maintaining access to Lake #1. However, littoral plantings /shelves have not been provided for Lake #2, to the north of the project. In accordance with an understanding with the City Forester, the northern lake has been classified as a conveyance canal and as such is not required to provide littoral plantings. Comments 5 through 7 are previously satisfied. 8. Not Satisfied. The applicant is proposing 9.5 -foot wide standard parking spaces and has requested a waiver from LDR Section 78 -3449 which requires parking spaces to be a minimum 10 -feet wide. Please note that we remain in support of the City's LDR requirements. The applicant understands the position of the City Engineer in this regard. Comments 9 through 14 are previously satisfied. 15. Not Satisfied. The applicant has revised the Typical East/West 80' Roadway cross section shown on the Conceptual Drainage Plan to reflect that the required compaction fro the base and subgrade and show the 6 -foot sidewalk on the south side of the roadway, consistent with the Site Plan. However, the detail shows a 3 to 1 (horizontal to vertical) slope to the existing preserve without having topographic information for the preserve. Therefore, we recommend the following Development Order Condition, "Prior to issuance of the first building permit, the applicant will perform a detailed design of the south Grande Flora right -of -way line to verify that a maximum 3 to I (horizontal to vertical) slope to the existingpreserve shall be obtained Should the slope exceed 3 to I the applicant shall provide a retaining wall with a pedestrian handrail. " Please note that the Paver Brick Detail on the Conceptual Drainage Plans specifies 1 -inch of sand while the detail on the Site Plan specifies 1.25 inches of sand. The applicant needs to revise the plans to be consistent. The applicant will agree to this condition. Attached are amended Site Plans which have been modified to match the engineering plans. Ms. Jackie Hollowman - Benjamin High School Page 3 December 20, 2002 Comments 16 through 19 are previously satisfied. 20. ......Not satisfied. The applicant provided cross sections for the stabilized accesses, including the 15 -foot sidewalk, which will have a stabilized 20 foot width. However, the entrance to the is sidewalk from Buccaneer Way is indicated on the Site Plan to be blocked by bollards, which will prevent easy access during an emergency and need to be removed. The proposed bollards are designed to be easily removed to provide access to the sidewalk. It is, however, the desire of the applicant to discourage the students from driving on the sidewalk and would like to maintain the bollards as a visual deterant. 21. Not satisfied. The applicant revised the cross - sections in accordance with the previous comments, however, both the plan view and cross - section still refer to wetland areas, "Wetland areas to be supplementally planted..." This needs to refer to the Upland Preserve. It was the intent of the note to identify the area being planted and thereby distinguishing it from the area that is not being planted. Attached is an amended section which we hope clarifies the notation and states: Preserve Areas (Formerly Described As Wetland Areas) to Be Supplemented With Native Facultative Plants Indigenous to South Florida. Comments 22 through 25 are previously satisfied. 26. On the Conceptual Drainage plan the applicant has eliminated the three proposed catch basins at the south entrance to the 24 -foot access road and replaced them with 100 -feet of 18 inch CAP into the southeast corner of lake #1. This culvert does not appear to be connected to a drainage system. The Conceptual Drainage plans have been amended to correct the referenced drafting error. With this submission, attached please find 3 sets of reduced plans, 8 full size sets of amended plans, a disk which includes the powerpoint presentation, and a list of the current plans proposed for approval. It is the applicants hope that this application can be placed on the January 16, 2003 City Council agenda for first reading. Should you have any questions, or need any additional copies, please let me know. 06/26/2002 15:15 561622- HOLDEN /SCHNELL aT PAGE 01 James F. Schnelle, Jr., P.E. Environmental Management & Engineering 8259 N. Military Trail, Suits 8 Palm (Beach Gardens, Fl 33410 (561) 622 -5549 SENT VIA June 26, 2002 Mr. Mark Hendrickson, City Forester City of Palm Beach Gardens. DRAFT 10500 Military Trail Palm Beach Gardens, FL 33410 Re: Benjamin High School Revised Site Plan Dear Mr. Hendrickson: r City of P.D. Gardens JUN 26 2002 GRuV iti MANAGEMENT DEPARTMENT We have reviewed your transmittal dated June 11, 2002 and have the following comments: (1) Preserve Area Acreage -- Approved Plan vs. Revised Plan The approved plan dated November 29, 2000 provides an Upland Preserve area of 7.90 acres and a Wetland Preserve area of 4.93 acres for a total of 12.83 acres of preserve_ Note: The City Code states mitigation is not allowed for preserve areas greater than ten (10) acres in size without City Council Approval. The revised plan provides 7.90 acres of preserve or a loss of 4.93 acres of preserve. We feel the approved plan provides a more functional habitat for flora and faunal species than the revised plan received by the City on June 4, 2002. (2) Upland Preserve Area -- Revised Site Plan The revised site plan received June 4, 2002 by the City, provides an upland preserve area which contains 2.79 acres of a jurisdictional wetland area originally approved in November 29, 2000 as the above referenced 4.93 acre Wetland Preserve. The City code requires the highest quality upland habitat be preserved. Hence, it appears the Owner should provide an additional 2.79 acres of upland and /or provide a Restoration Plan for converting this hydric pine wetland habitat to a pine flatwood upland. (3) Field Investigation/Vegetation Inventory A field investigation was conducted on June 26, 2002 with Mr. Mark Hendrickson, City Forester and Ms. Bonnie Peacock, City of Palm Beach Gardens. 06/26/2002 15:15 561622 HOLDEN /SCHNELI 'AT Mr. Mark Hendrickson, City Forester June 26, 2002 Page 2 PAGE 02 The Wetland Preserve Area is high quality and appears to be in transition from hydrologic impacts due to anthropogenic activities such as wellfields, roads, drainage ditches etc_ Although supporting an assemblage of wetland plant species, some upland Plants such as wax myrtle, runner oak, slash pine, rusty lyonia, gallbeny, chalky bluestem and broomsedge are invading the wetland. We estimate forty (40) percent upland and sixty(60) percent wetland mix. A summary of dominant species observed includes, but is not limited, to the following: Hat Pins St. John's Wort Swamp Fem Chain Fern Beak Rush Yellow Bachelor Button Broomsedge Galiberry Wax Myrtle Marsh Fleabane Saw Palmetto Red Root Rusty Lyonia Brazilian Pepper Salt Bush Slash Pine Melaleuca Greenbrier Dahoon Holly Marsh Pink Muscadine Grape (4) Site Drainage It appears the proposed preserve area will be used to hold stormwater runoff_ Drainage into an upland preserve is not allowed. We request the Owner provide a summary of proposed elevations for the upland preserve and provide a summary of the overall water management system to ensure the proposed restoration area will function as an upland. (5) Restoration Plan We request the Owner provide a Restoration Plan showing species type, proposed Planting elevation, number of canopy, sub - canopy and groundeover species to be planted and density/spacing- (6) Cross - Section Request the Owner provide a cross - section from the proposed ballfield to Central Boulevard.. (7) NPBCID Request the Owner provide an overview of the effect, if any, of the NPBCID Unit 2A Project on this site plan. 4 06/26/2002 15:15 561622' HOLDEN /SCHNELL 'IT PAGE 03 Mr. Mark Hendrickson, City Forester June 26, 2002 Page 3 (8) Jurisdictional Agency Correspondence /ERP Request the Owner provide copies of the ERP modification describing the mitigation to be provided for the filing of wetlands and any copies of Judsdictioanl Agency correspondence related to this project since November, 2000. We appreciate the opportunity to provide Consultant services to you and stand ready to assist you in any way we can. Very truly yours, 4sultaf nsuftant es F. Schnelle, Jr., P.E. . Cc, Ms. Bonnie Peacock, City of Palm Beach gardens 17 104dSuu |dO|S an'djeSeW ep |j0|j`SuepieE) Loeag w|ed |o o L p s U|w e [u e s § |; ■_ 1 ! a . . !� {(/ 2 ! '40 ! tj })}! {Rea # | !(-R:5 :a !�- |! 1112 O' \ �y m \ »; | - »� ..,.. « LLI �� ~ #/ \ \ § - j \ •! ( ` � \ / / H{ 2. ° l ;;l, :!!! W E /§ § H /}§) I !: .. 0 \ G \! ! #,§ O ! �_, °!, ; U !! Z :N: ::o U) � � W 2 .X*L )' ( k | § Z § |; ■_ 1 !� {(/ s2 ! '40 ! tj })}! ! |,� !(-R:5 :a !�- |! 1112 .X*L )' ( k | § Z A. Segment of Conceptual Thoroughfare Plan B CONCRETE UTILITY POLE (TYP.) ; — — — — — -r- — — — — — 5 FP7E Easement '0 MASW WER-SERVICE CUR; rT;LM Ymn �rrz rr 41TqT17771 1' W 76t WP Id I L — JG—)I ITITIT( Q1 .11111 11 Y ICI CUR91 V v v L— L--L— Wk 'h —7 �Buijding #1 Building #2 Admin ration/Media F,NGSF r I 1 lk6 31.290 SF IIIHIIII ■ \, \— 20' LME EOW T. -D"CURB 20 WE 17 B,,!IItng I Classroor 27.390SP 1 TIIIII LAKE 1 I. 1.48 ACRES @ CONTROL CONTROL T \ � _ _ __ - EL. 12CD 20'LME Bull ing Food Set t Story 10.0' UTTORAL SHELF 71 tt L V-L ' 7' 74 Building #4 b Classrooms 4v " --- 20.049 SF IPF" T—St.ry 1-1 J CHiller J .Building #6 Classr ms / Labs 2 ,8565E o 5.q H' -------- --- ---- -------------------------------- Central Boulevard CONCRETE M ,9.9 3 Benjamin School 19: " Palm Beach Gardens, Florida sYLe Master P.U.D. Site Plan SP-2 of 4 PI ZONING - PDA VACANT BRIGER F 12' SEACOAST EASEMENT N01o20'37"E 1050.56' N01*20'37T 1274.76' BI r2.5' DRAINAGE EAS..= 777775;�� SCAPE 'NN® -- ----- --- 4 246 StuCI dentParkin­g- Scoreboard T- -F A -L LLI- Li 5-1-1 7 Softball Cyc P . do ng Bu Loop --bdl Gat Building #3 Field House Pool Isical Education U.30 SF Removable Bollards Remo -------- STABAUZED sJacE TOR-nW—Acc—Hs — — — — — — And h CONCRETE SIDEWALK .a. T Practice Field aMN T eab a Bollards 3n( lcap Ramp LAND USE - P ZONING - P/I WILLIAM T. DWYER HIGH SCHOOL Benjamin School Palm Beach Gardens, Florida Master P.U.D. Site Plan SP-3 of 4 --- Centrall I Bo gg M4 'V Rt M BRIGEIR, PROPERTY F I i Black Coated Chain Link Fence ° P5' DUNACE EASEMET � 25 FP&I / 1 0 IAADSCME BUFFER -1 I o %4 20' LME _ 1 I J 1 20' LME I LAKE 2 1=� 334 ACRES 0 CONTROL I CONTROL EL, 12.00 z l y N 1 I n I W I Z I Rem Bank to be I Rem ed as Pad of the I TTT of � i N.P.i, C.I.D. Permit. Baseball r CONTROL 11 ° I L� x EL. 12.00 �' 3 Scoreboard / Practice AI I i i �aa Field TEMPORARY 1 i EMP STORUC70URE�� �� I i OOUTFB, .UPON IMPR( TEMPORARY LAKE ACREAGE ACREAGE 2.21 % I �P V m i PA a. TE ,='= _...r .._ ack _ :. - _` Eow 20M MEN, I lL CID I i I t Iii I tl� I r 1 5' 5 Practice/ otter Field TO BE REMOVED W a a ,� (120' WIDE RIGHT- OF -WAP) � e i �f — EXIST ��R•��FUTURE SE -R BY OTHE L_ L.S. DWYER HIGH SCHOOL -aS g s9�A i1Fi i.ir Benjamin School e�3g =gip >s9��3 `§ Palm Beach Gardens, Florida X533 n $8 Master P.U.D. Site Plan SP -4 of 4 i? 9 2 P I i Ili TTTTTT r. - � Ali . ®............®� - .1-wo ulevard ,� (120' WIDE RIGHT- OF -WAP) � e i �f — EXIST ��R•��FUTURE SE -R BY OTHE L_ L.S. DWYER HIGH SCHOOL -aS g s9�A i1Fi i.ir Benjamin School e�3g =gip >s9��3 `§ Palm Beach Gardens, Florida X533 n $8 Master P.U.D. Site Plan SP -4 of 4 i? 9 2 P :r *I• .L 12' SEACOAST EASEMENT N01*20'37"E 11 rte, M y ,1��000OGG . ".000GCOG�c0000eede w�-rmimumms liouse O `1 ^. 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[ ] Recommendation to DENY Reviewed by: Originating Dept.: FINANCE: NA City Council Action: Principal Planner Growth Management: [ ] Approved Talal Benothman, AICP Costs: $ Project Total [ ] App. w/ conditions City Attorney Manager Leonard G. Rubik Esq. Jackie Hollo n $ [ ] Denied �e4e- Planner Current FY Development r [ ] Continued to: Compliance Bahareh Wolfs, AICP Funding Source: [ ]Operating Submitted by: Advertised: NA Attachments: Growth Man e WV Date: Other • Table 1 Administrato [ ] Paper: • Project Narrative Charles K. Wu, AICP • LBFH, Inc. letter Budget Acct. #: • Ordinance 32, 2002, Approved by: approved 9/18/02 Affected parties: City Mana er • Signage Criteria Ronald M. Fe s [ ] Notified Manual [ X ] Not Required • Signage Key Plan (page 19 of Manual) Date Prepared: January 12, 2003 Meeting Date: February 6, 2003 Resolution 208, 2002 BACKGROUND This request is for approval of the master signage program for the Old Palm Golf Club Planned Community Development, which was approved by the City Council on September 18, 2002. The PCD is a 651 -acre tract of land, which includes 333 dwelling units on eight residential parcels, clubhouse, sales center, and golf services facility. This request for approval is in compliance with Section 3.2., of Ordinance 32, 2002, which granted a waiver from Section 78 -46(f) of the City's Land Development Regulations to allow later submittal of the master signage program. The City Code requires concurrent submittal with the master plan of development. LOCATION This PCD is located at the northwest and northeast corners of the intersection of Interstate 95 and Central Boulevard and extends south to PGA Boulevard. The Old Palm PCD has approximately 22,825 linear feet of roadway frontage. The site is bounded on the west by the Ronald Reagan Turnpike and by the Mirasol PCD. To the north, Old Palm PCD is bounded by the Westwood Gardens planned unit development (PUD); and to the east, it is bounded by the Bent Tree PUD, Interstate 95, and vacant lands. To the south, Old Palm Golf Club PCD is bounded by a future city park, PGA Boulevard, BallenIsles PCD, vacant lands, and the PGA Concourse Center. LAND USE AND ZONING The future land use designations are Residential Medium (RM) and Residential High (RH) and are designated Residential Medium (RM) on the Vision Plan. The subject site is zoned Planned Community District Overlay (PCD) with an underlying zoning of Residential Low (RL). CONCURRENCY A concurrency certification request was submitted to the City on December 23, 1999, and certification was granted for the Old Palm PCD on January 24, 2002. The development order will expire on December 31, 2005, which is the build -out date specified in the Concurrency Certificate issued for the PCD. PROJECT DETAILS In order to present a consistent image for the Old Palm Golf Club PCD, the applicant is proposing a standard signage program, which will be in effect for all new and replacement signage throughout the Old Palm property. The residential signage program will feature project and individual parcel signage that will be placed on cast bronze panels on masonry columns, featuring a type style of Optima Bold. 2 Date Prepared: January 12, 2003 Meeting Date: February 6, 2003 Resolution 208, 2002 Ground Signs The applicant is proposing six ground column signs (two per entry) at the project's two main entrances and the entrance to the golf maintenance and golf academy. Furthermore, the applicant is proposing twin entry columns at each of the seven residential parcels. PGA Boulevard Entrance — The PGA Boulevard entrance will feature twin entry columns (Type I entry sign). There will be one column on each side of the entry. Each column will be 12 feet in height, with a 3'6" square base, 2'8" square column and a 4'9" square cap. The body of each column will be faced with cultured stone veneer. The column cap and base will be a cream color and the column will be tan. The cast bronze sign panel for each column will be 18" square, which is far less than the 60 square feet allowed under the City Sign Code. The right side sign panel will have the Old Palm community name and the left side panel will have the Old Palm logo. Illumination of the bronze sign panels will be by ground- mounted landscape lighting. Central Boulevard Entrance — This entrance into the project will also feature twin entry columns (Type II -A entry sign); however, the columns will be slightly smaller. Each column will be 10 feet in height, with a 3' square base, a 2'3 "- square column and a 4'- square cap. The column will have the same veneer and colors as the PGA Boulevard sign. The bronze sign panel will be slightly smaller at 15" square, which is much less than the 60- square feet allowed by City Code. The bronze sign panels and illumination will match the PGA Boulevard sign. Central Boulevard Entrance to Golf Academy and Maintenance Facility — This entrance will also feature twin columns (Type III entry sign). This type of sign will also be used for the entry to Parcel E within the Old Palm Golf Club PCD. Each column will be eight feet in height, with a 2'5" square base, V10" square column, and a 3'3" square cap. Each column will have a textured stucco finish with cream - colored cap and base and the column painted Sherwin Williams "August Moon." The cast bronze sign panel for each column will be 12" square. The right side panel will have the name of the amenity or neighborhood served by the entry, and the left side panel will have the Old Palm logo. Illumination of the bronze sign panels will be by ground- mounted landscape lighting. Parcels A, B, C, F1, and F2 EntrSi Signs — Each of these neighborhood parcels will feature l0- foot high twin columns (Type II -B entry signs) with a 3'- square base, 2'3" square column, and 4'- square cap. Each column will feature a cast metal decorative light with clear lens. The texture and colors of the columns will match the Type III entry sign. The right side panel will have the name of the neighborhood served by the entry, and the left side panel will have the Old Palm logo. Additional illumination will be by ground- mounted landscape lighting. 3 Date Prepared: January 12, 2003 Meeting Date: February 6, 2003 Resolution 208, 2002 Parcel D EntEy Signs — The neighborhood entry columns (Type H -C) will be identical in size, color, texture and style to the Type H -B, except there will be no attached light fixture. Street Identification, Vehicular Direction, and Traffic Control Signs — The column- mounted bronze street sign panels are similar to the bronze entry sign panels. Letters are smooth bronze finish with painted black background and raised bronze border around the entire perimeter. The black, post- mounted, bronze street sign panels will be similar to the bronze entry sign panels and will have an overall height of nine feet. These types of signs are more specifically identified in the attached Sign Criteria Manual on pages 16 through 18. Please see Table 1 attached for a detailed overview of the proposed twin - column ground signs. Waivers Section 78 -285 of the City's Land Development Regulations prohibits more than one perimeter wall or entry feature sign per entry for a residential development. The applicant is seeking approval of two waivers from the City's Sign Code. One waiver is to allow twin column signs at the entries to the project on PGA Boulevard, Central Boulevard, and the Central Boulevard entrance to the Golf Academy and Maintenance Facility. The second waiver request is to allow 12 -foot high columns proposed for the PGA Boulevard entrance. CODE SECTION ALLOWED PROPOSED WAIVER STAFF RECOMMENDATION Section 78 -285 — Perimeter Wall or 1 per entry 2 columnar signs at 3 additional Approval (q Entry Feature Signs (3 signs) each of the 3 main column signs entries (total of 6) Section 78 -285 — Sign 10 -foot height 12 -foot height at 2 feet Approval (Z) Height I I PGA Blvd. Entry (1) and (2): Staff recommends approval of the two waivers because the bronze sign panels on each column will be much smaller (only 18 ", 15 ", 12" square) than the 60 square -foot sign allowed by Code. Furthermore, it is believed the additional two -foot height of the columns for the PGA Boulevard entry will provide a desirable, formal entry concept. The proposed two - columned entry features actually are quite understated when compared to entry features with signage at other upscale planned communities within the City such as Frenchman's Reserve, BallenIsles, Mirasol, and PGA National. 4 Date Prepared: January 12, 2003 Meeting Date: February 6, 2003 Resolution 208, 2002 DEVELOPMENT REVIEW COMMITTEE COMMENTS City En i� neer In the attached letter dated December 23, 2002, the City Engineer has the two following outstanding comments which shall be conditions of approval: 1. Prior to construction plan approval, the applicant shall provide roadway signage on the construction plans for the internal roadways of the project, which shall be signed and sealed by a professional engineer registered in the State of Florida. 2. Prior to issuance of building permit, the applicant shall revise page 17 of the Signage Criteria Manual to show vehicular directional signage at a height of seven feet (7') in pedestrian use areas, in order to conform to the.FDOT/MUTCD height requirements. To date, no objections have been received from the Building Division, City Forester, Fire Rescue, Police Department, or any other Development Review Committee members. PLANNING AND ZONING COMMISSION COMMENTS On December 10, 2002, the Planning and Zoning Commission voted 6 -0 to recommend approval of this petition to City Council. STAFF RECOMMENDATION Staff recommends approval of Resolution 208, 2002, with two waivers and two conditions. Date Prepared: January 12, 2003 Meeting Date: February 6, 2003 Resolution 208, 2002 TABLE 1 TWIN- COLUMN ENTRY GROUND SIGNS LOCATION TYPE SIZE COLUMN LIGHTING COLOR/ MATERIALS PGA Boulevard Type I 12' height Cream and tan Ground- mounted Entry 3'6" square base cultured stone veneer landscape lighting 2'8" square column with bronze sign 4'9" square cap panels 18" square cast bronze sign panel Central Boulevard Type II -A 10' height Cream and tan Ground- mounted Entry 3' square base cultured stone veneer landscape lighting 2'3" square column with bronze sign 4' square cap panels 15" square bronze sign panel Parcel E Type III 8' height Cream and Ground - mounted and 2'5" square base SW August Moon landscape lighting Central Boulevard 1'10" square column textured stucco finish Entry to Golf 3'3" square cap Academy and 12" square bronze Maintenance Facility sign panel Parcels A, B, C, F1 Type II -B 10' height Cream and Cast metal and F2 3' square base SW August Moon decorative light 2'3" square column textured stucco finish attached to columns 4' square cap plus: 15" square bronze Ground - mounted sign panel landscape lighting Parcel D Type II -C 10' height Cream and Ground - mounted 3' square base SW August Moon landscape lighting 2'3" square column textured stucco finish (no attached light 4' square cap fixture) 15" square bronze sign panel Jholloman/old palm pcd /signage program/MISCO2 -09 cc stf l.doc Date Prepared: January 17, 2003 Resolution 208, 2002 CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 208, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING A MASTER SIGNAGE PROGRAM FOR THE OLD PALM GOLF CLUB PLANNED COMMUNITY DISTRICT (PCD), GENERALLY LOCATED AT THE NORTHWEST CORNER OF PGA BOULEVARD AND CENTRAL BOULEVARD, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT A ATTACHED HERETO; PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application from Community Finance Company (MISC -02- 09), for approval of a Master Signage Program for the Old Palm Golf Club Planned Community District, located generally at the northwest corner of PGA Boulevard and Central Boulevard, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the 651 -acre site is currently zoned Planned Community District (PCD) Overlay with underlying zoning of Residential Low (RL), and a future land -use designation of Residential Medium (RM) and Residential High (RH); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient and consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, on December 10, 2002, the Planning and Zoning Commission recommended approval of the Old Palm Golf Club Master Signage Program; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council of the City of Palm Beach Gardens, Florida, hereby approves a Master Signage Program for the Old Palm Golf Club PCD, as more particularly described in Exhibit "A" attached hereto and incorporated herein, allowing for the construction of entry signs, corner monument signs, parcel identification signs, directional signs, and traffic control signs. Date Prepared: January 17, 2003 Resolution 208, 2002 SECTION 3: Said Master Signage Program approval shall comply with the following conditions, which shall be binding upon the applicant, its successors, assigns and/or grantees: Prior to construction plan approval, the applicant shall provide roadway signage on the construction plans for the internal roadways of the project, which shall be signed and sealed by a professional engineer registered in the State of Florida. (City Engineer) 2. Prior to issuance of building permit, the applicant shall revise page 17 of the Signage Criteria Manual to show vehicular directional signage at a height of seven feet (7') in pedestrian use areas, in order to conform to the FDOT/MUTCD height requirements. (City Engineer) SECTION 4: The City Council of hereby approves the following waivers with this approval: A waiver from Section 78 -285, Permitted Signs, which requires a maximum of one sign per entry within a residential zoning district, to allow for two entry feature signs at each of the three main entries; and 2. A waiver from Section 78 -285, Sign Height, which requires a maximum of a 10 -foot sign height, to allow a 12 -foot sign height at the PGA Boulevard entry. SECTION 5: Said approval shall be consistent with all presentations made by the applicant or applicant's agents at any workshop or public hearing. SECTION 6: Said approval and construction shall be consistent with plans filed with the City's Growth Management Department as follows: Old Palm Golf Club Signage Criteria Manual dated May 31, 2002, and revised December 10, 2002, by Wilson Miller Design, Inc. 2. Signage Key Plan, LS -101, dated November 1, 2002, by Wilson Miller Design, Inc. SECTION 7: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 8: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 9: This Resolution shall become effective immediately upon adoption. 2 Date Prepared: January 17, 2003 Resolution 208, 2002 PASSED, ADOPTED AND APPROVED this day of .2003 ATTEST: PATRICIA SNIDER, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUBIN CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO Jholloman/old palm pcd signge /misc02 -09 reso.doc MAYOR JABLIN AYE NAY ABSENT 3 t FEB 08 20011..1.2:28 FR LM BCH GARDENS 5617751099 TCS. .i EXHIBIT A S ► A paned of land situate hi Section 35, Township 41 Souith, Range 42 East And Section 2, Township 42 South, Range 42 East; Within the municipal .limits pf the City of Palm Beach Gardens, Palm Beach Couaiy, Florida, and being more particulars-• described as follows: Commencing at the Quattter Section Corner located in the 'W&-...= of said Section 35; thence South 970 56' 04" East, along the-East -West quarter section line, a distance of 2,694.21 feet to the Point of Beginning of the berein described parcel; said Point ofBeginaing being oa a curve having a radial bearing of South 59 035' 10" Ease, a radius-of 2,575.00 feet, and a central angle of 75 ° 39'04"., Thence proceed. Southerly and Easterly along the are-of said curve, a dis%=e of 3,399.93 feet to the West right-of-way line of Central Boulevard and a point on a Curve having a radial bearing of South 54° 26154" East,'a radius of 3,879.72 feet, and a c=MW angle of 8 ° 04' 22 ". Thence proceed Northerly and Easterly along the are of said curve and West right -of- -way line, a distance of 546.64 feet to the end of said curve; thence North '43 ° 3 7' 28" East, a distance' of 373.82 feet; to a curve having a radial bearing of North 46° 35' 56" East, a radius of 1,669.35' feet, and a central angle of 92 ° 02' 08 ". Thence proceed Northerly along the are of said 'curve departing from said West rigbt -of -way line, a distance of 2,681.51 feet to the end of said curve to the East - 'quest quarter section line; thence North 870 561041, West, along said East -West quarter section line, a .distance of 1,123.80 feet-to the Point of Beginning of the herein descn'bed parcel. Parcel 31.11 A parcel of land situate in Section 35, Township 41 South, Range 42 Fes; within the municipal limits of the City of Palm Beach Gardens, Palm Beach County, Florida, and being more C� \OI�ICL\4PKSN\M ►DO�S�"RC \DECD. LGL Exlu'bh A -1 Page 12 FEB 08 2001 12 29 FR W 1.M BCH GARDENS 5617751099 TO 1 pamcuiarty oesenoow rpuows: EXHIBIT A Beginning at the iatersectioa Qf the West right-of-way lint of Intestate I -95 and the East -West -- quarter section lint in said Seciioa 33; thecae South 280 00'21" East along said West right of way line, a distance of•411.99 fe4 to a point on a curve having a radius of 24,688.65 feet, and a central angle* of 2" 22"34'`. Thenwproeeed Southerly and Easr�rly along tht arc of said c&ve and West right -of -way line, a distance of 1,023.84 feet to the end of said curve and the Northwest right-of-way line of Central Boulevard; thence South 43 ° 3 T 19" West, along said Central Boulevard right -of -way line, a distance of 362.91 feet; thence South. 40 ° 34'0811 Vbst, along said right -of -way line, a ,distance of 751.07• feet; thence South 46' 22'41 " East, along said right -of- w;y line, a distance of 10.00 feet; thence South 43 9.37129" Wesx, -along said right -of -way line, a distance 6f 407,16 feet to a curve having $ radial beating ofNorth 46 ° 35'56" East, a radius of 1,669.33 feet, and a central anglc of 920 02' 08 ". Thence, departing said right -of -way line, ,proceed Northerly and Westerly, along the arc of said curve, •a distance of 2,683:.51 feet to the Fast - 'Vest quarter section line; thence South 87° 56' 03`° Fast, along said quarter section line, a distance of 210.30 feet to the Point of Beginning ofthe herein-described parcel.' Less and Except the additional right -of -way for Interstate 95 conveyed to the State of Florida, for the use and benefit of the State of Florida Department of Transportation, by the Deed recorded in Official Records Book 7481, Page 238. Parcel 31.12 A parcel of land situate in Sections 1 and 2, Township 42 South, Range 42 East and Section 35, Township 41 South, Range 42 East; within the municipal limits of thi City of 'r-IM Beach Gardens, Palm Beach County, Florida, and being more particularly desen'beri 1-; follows: Commencing at the quarter section corner located its ft East line of said Section 2, thence North 01 ° 52'52" East, along the East line of said Section 2, a distance of 1,773.56 feet to the Point of Beginning of the herein. described parcel; said Point of Beginning being on a curve having a radial bearing of North 06 ° 06' S9" West a radius of 2,575.00 feet, and it crnnal angle of 48 ° 09' 1011. Thence proceed Westerly and Northerly, along the arc of said curve, a distance of 2,164.09 feet t6 the East right -of -way line of Central Boulevard and and of said curve; said point being on a curve having a radial bearing of North 42' 02'10" East; a radius of 3,759.72 feet, and a central angle of 08'09' 05 ". Thcnco proceed Northerly and Easterly along said East right -of -way line and arc of said curve, a distance of $.34.89 feet to the end of said curve; thence North 43 ° 37 28" Fast, continuing along said East right -of -way line, a distance of 371.9I feet to a curve having a radial bearing of North 42° 28'44" East, a radius of 1,669.35 feet, 4nd a central angle of 66° 51 '33 ". Thence, departing said'right -of -way line, proceed Easterly and Southerly along the are of said curve, a distance of 1,947.99 feet to the end of.said curve and the West right -of -way line of Interstate I.95; thence South 30° 31'49" East, along said West right- of- wayline, a dunce of 909.03 feet to a curve having a radial bearing of North 26 ° 3215211 West, a radius of 2,575.00 feet, and a ecntral angle of 209.2552". Thence, departing said right -of -way, proceed Westerly and Southerly, along the arc of said curve, a distance of 918.23 feet to the Point of Beginning of the herein described parcel. Cf \ of tTCC \wpN1tN \iIPDOC91lwr \OtLb.LGL Exhibit A -1 Page 13 FEB 08 2001 12:28 FR 'ALM BCH GARDENS 5617751099 TO 51 EXHIBIT A' A parcel of lapd situate in.Section 35, Tovpship 41'South, Range 42.Pm and Section 2, -. Township .42 South, range 42 East, municipal- limits' of the City of Palm. Beach Gardens, Palm Bm&:Coumy, Florida, and -beiag,moreparticulwly described as follows: Beginning at the Southyvest- Cotner of said Section 3.5, thence North 00 °.5T 25" East,-along the 'West line thereon; a distance of 2,297.06 feet,; thence South 87° 56' 11" East, a distance of 301.06 feet; thence North OQ° ST 25" East, a distance of 329.96 feet; thence South 87° 56' 04" Bast, a, distance-of 2,393.15 feet to a curve having a radial bearing of South 59 ° 351.1011 East, a radius of 2,575.00 feet, and a central angle of 75* 39'04". Thence proceed•Southedy and Easterly along the arc of said curve,.a ,distance of 3,399.93 feet to the West right -of- -way line of C in al Boulevard and a point on a curve having a radial bearing of South 54" 26'54" Bast, a radius of 3,879.72 feet, and a central angle of 33 ° 23'07. Thence proceed Southerly along the ere of said curve and said right -of -way line, a distance of 2,260.64 feet to the end of said curve; thence South .020 0915911 West, continuing along said right -of -way line, a distance of 2,908.10 feet to the North tight -of -way line of P.G.A. Boulevard; thence North 88" 22' 19" West, along said North right -of- way lint, a distance of 1,011,32 feet to the point of curvature of curve concave to the Notch, .having a- radius of 11,399.16 feet; thence Northwesterly along the are of said curve through a central angle of 02* 37'4011 and an arc distance of 522.80 feet to the point-of reverse curvature of a curve concave to the 66uth, having a radius of 11,519,16 feet; thence Southwesterly along the arc of said curve thrrougb a central angle of 01 ° 34'54" and an are distance of 317.99 feet; thence North 74.° 20'28" West, a distance of 73.48 feet; thence North 800 59'47" West, a distance of 31 0.68 feet; thence North 84* 28'05" West, a distance of 293.34 feet; thence North 02 ° 10'34" CEast, a & =ce of 119.24 feet; thence North 05 a 24' 53" Fast, a distance of 4 '1, S3 feet; thence North- ' 24'53" East, a distance of 325.37 feet; thence North 46° 33 ' 32' Last, a distance of 458.00 feet; thence North 01 ° 35'32" East, a distance of 307.00 feet; thence North 42* 49'k- West, a distance of 521.54 feet; thence North 27° 49' 26 "•West, a distance of 307.24 feet.to the West line of said Section 2; thence North 02° 10' 34" East, along said West line, a distance of 371.65 feet; thence North 02° 10'09" East, continuing along said West line, a distance of 2,946,92 feet to the Point of Beginning of the herein described parcel. Less and Except that pottiozi thereof conveyed for right = of- -way of P.G.A.. Boulevard as described in the Deed recorded in 4fEcW Records Book 7819, Page 1428, FEB 08 2001 12:28 FR I _M BCH GARDENS 5617751099 T 9c EXHIBIT A r� Farrel of =0 �to m sections 35 and 36, TownsEp 4Vbuttx,,,Ramp 42 East and Sections 1 ' and Towashi So Ran a 42 Easy within the muaici al limits of 2, p nth, $ p the City of Palm Beach Gardens, Palm Brach CoiiM, Florida, and being more'partieul� described as follows; Beginning at the intersection of the West right -of -way lfae of interstate 1 -95 and the Fast right -of- way line of'Cemtral Boulevard; thence South 300 31'49" East, along said West right- ofwey.line of interstate I -95, a distance of 1,475.56 feet to a curve baying a radial be g of North 240 ' 49 " .West, a radius of 1,669.35 feet, and a ceatial c.*,,le of 66 ° 51' 33 ", Thance, departing from said right-of-way line, proceed Westerly along the tne•of said curve, a distance of 1,947.99 feet to the East right-of-way line of Central Boulevard; Thence North 43' 3T 29" East, along said ri&- of -way, a distance of 409.0$ feet; thence South 46 ° 22'41 " East, along said right -of -way, a distance of 35.03 feet; thence North 46' 10' 00" East, along-said. right -of -way, a distance of 450.44 feet; thence North. 51•° 13'06" East., along said right -of -way, a distance of 302.66. feet; thence North 43 ° 37' 19" East, along said right -of -way, a distance of 287.60 feet to the Paint of Beginning of the herein described parcel. A PROJECT NARRATIVE Urban OLD PALM GOLF CLUB PCD desi n SIGNAGE PROGRAM SkJ �O June 28, 2002 Request This request is for the approval of the master signage program for the Old Palm Golf Club PCD residential development, which is currently being reviewed by the City of Palm Beach Gardens. History On December 18, 2000, the applicant submitted an application for the Old Palm Golf Club Planned Community District zoning. The PCD application, subsequently amended, indicates the proposal of development of an upscale, private golf course community with 333 dwelling units, a clubhouse and golf services facility, which will include three practice holes. The Old Palm Golf Club PCD is a 651 acre tract of land located at the northwest and northeast corners of the intersection of Interstate 95 and Central Boulevard. The site has Residential Medium (RM) and Residential High (RH) land use designations. The site has a Planned Development Area (PDA) zoning designation. The request is for a PCD approval with an underlying RL -3 zoning designation. Location The subject site is bordered on the west by Florida's Turnpike and by the Mirasol residential golf course community, which has a PCD zoning designation and a Residential Low (RL) future land use designation. To the north, Old Palm is bounded by the Westwood Gardens residential community, which has a zoning designation of PUD (RM) and a future land use designation of RL. To the east, the site is bounded by the Bent Tree residential community, which has a RM future land use designation and a PUD (RL -2) zoning designation, Interstate 95 and vacant lands with the MXD and RM future land use designations. To the south, the Old Palm Golf Club is bounded by the future City Park, PGA Boulevard, BallenIsles residential golf course community, which has a PCD zoning designation and a RL future land use designation, vacant lands with a Commercial future land use designation, and the PGA Concourse Center, which has a Commercial future land use designation and a Neighborhood Commercial (CN) zoning designation. Signage We are proposing an understated and dignified residential signage program for the Old Palm Golf G:Vobs \Parcel 31- Old Palm\ Signage\SignageApLtr.061402.wpd LCC35 Club PCD. Project and individual parcel signage will be placed on cast bronze sign panels on masonry columns. Ground Sig ns We are proposing six ground column signs at the project's two main entrances and entrance to the golf maintenance and golf academy. The Old Palm PCD has approximately 22,825 linear feet of roadway frontage. The PGA Boulevard entrance will feature twin entry columns (Type I entry sign). There will be one column on each side of the entry. Each column will be 12 feet in height, with.a TV square base, 2'8" square column and a 49" square cap. The body of each column will be faced with cultured stone veneer. The column cap and base will be a cream color and the column will be tan. The cast bronze sign panel for each column will be 18" square, which is far less than the 60 square feet allowed under the City Sign Code. The right side sign panel will have the Old Palm community name and the left side panel will have the Old Palm logo. Illumination of the bronze sign panels will be by ground- mounted landscape lighting. The Central Boulevard entrance into the project will also feature twin entry columns (Type II -A entry sign), however, the columns will be slightly smaller. Each column will be 10 feet in height, with a 3' square base, a 2'3" square column and a 4' square cap. The column will have the same veneer and colors as the PGA Boulevard sign. The bronze sign panel will be slightly smaller at 15" square, which is much less that the City Sign Code allowance of 60 square feet. The bronze sign panels and illumination will match the PGA Boulevard sign. The Central Boulevard entrance to the Golf Academy and Maintenance facility will also feature twin columns (Type III entry sign). This type of sign will also be used for the entry to Parcel E within the Old Palm Golf Club PCD. Each column will be 8 feet in height, with a 2'5" square base, 1'10" square column and a TY square cap. Each column will have a textured stucco finish with cream - colored cap and base and the column painted Sherwin Williams "August Moon." The cast bronze sign panel for each column will be 12" square. The right side panel will have the name of the amenity or neighborhood served by the entry and the left side panel will have the Old Palm logo. Illumination of the bronze sign panels will be by ground - mounted landscape lighting. In addition, to the project entry signs, we are also proposing twin entry signs for each of the neighborhood parcels within the Old Palm PCD. For Parcels A, B, C, F1 and F2, we are proposing 10 -foot high twin columns (Type II -B entry signs) with a 3' square base, 2'3" square column and 4' square cap. Each column will feature a cast metal decorative light with clear lens. The texture and colors of the columns will match the Type III entry sign. The right side pane will have the name of the neighborhood served by the entry and the left side panel will have the Old Palm logo. Illumination of the bronze sign panels will be by ground - mounted landscape lighting. For Parcel D, the neighborhood entry columns (Type II -C) will be identical in the size, G:Vobs \Parcel 31- Old Palm\ Signage \SignageApLtr.061402.wpd LCC35 color, texture and style as the Type II -B entry signs, except there will be no attached light fixture. Specifications for the street name, vehicular direction and traffic control signs are identified in the attached Sign Criteria Manual. WAIVERS We are seeking two waivers from the City's sign code. One waiver is to allow twin column signs at the entry to the project and each neighborhood parcel. The other waiver request is a height waiver request for the 12 -foot high columns proposed for the PGA Boulevard entry. Section 78 -285 — Permitted Signs. Section 78 -285 of the City's Land Development Regulations prohibits more than one perimeter wall or entry feature sign for a residential development entry sign per entry. The petitioner requests twin column signs at all of three of the Old Palm PCD project entrances and at the entries to each neighborhood parcel within the project. The twin column entry concept allows for an understated, dignified and consistent image throughout the Old Palm PCD. Although there will be twin columns at each entrance, please note that the largest bronze sign panel (at PGA Boulevard entrance) is only 2.6% of the sign size allowed by City Code. Section 78 -285 - Sign Height Section 78 -285 of the City's Land Development Regulations has a maximum ground sign height of 10 feet. We are proposing twin entry columns at the PGA National entrance which will be 12 feet in height. These columns will provide a formal, understated entry concept to the project's main entrance along the City's "Main Street." Please note that the cast bronze sign panel is only 4'3" from the ground and only 18" square. The sign panel size is only 2.6% of the sign size allowed by City Code. We believe the twin entry columns will be an attractive addition to the PGA Boulevard streetscape. G:Vobs \Parcel 31- Old Palm\ Signage \SignageApLtr.061402.wpd LCC35 Date Prepared: September 9, 2002 CITY OF PALM BEACH GARDENS, FLORIDA ORDINANCE 32, 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A REZONING FROM PLANNED DEVELOPMENT AREA TO PLANNED COMMUNITY DISTRICT OVERLAY WITH AN UNDERLYING ZONING OF RESIDENTIAL LOW DENSITY AND MASTER PLAN OF THE OLD PALM GOLF CLUB PLANNED COMMUNITY DEVELOPMENT WITH 333 SINGLE FAMILY RESIDENTIAL UNITS, GOLF COURSE, CLUBHOUSE, SALES CENTER, MAINTENANCE FACILITIES, GOLF ACADEMY, AND THREE PRACTICE HOLES ON APPROXIMATELY 651 ACRES GENERALLY LOCATED AT THE NORTHWEST CORNER OF PGA BLVD. AND CENTRAL BLVD.; PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City received petition PCD -00 -03 from Urban Design Studio, agent, for a rezoning from Planned Development Area to Planned Community District Overlay with an underlying zoning of Residential Low Density and master plan approval of the Old Palm Golf Club Planned Community Development with 333 single family residential units, golf course, clubhouse, sales center, maintenance facilities, golf academy, and three practice holes on an approximately 651 -acre parcel generally located at the northwest corner of PGA Blvd. and Central Blvd. as more particularly described in Exhibit A attached hereto and incorporated herein; and WHEREAS, the subject site is zoned Planned Development Area and has a land -use designations of Residential Medium and Residential High; and WHEREAS, the Growth Management Department reviewed said petition and determined that it is sufficient and consistent with the City's Land Development Regulations and the Comprehensive Plan; and WHEREAS, the Planning and Zoning Commission held a public hearing on July 23, 2002, and recommended approval of the rezoning and the master plan of development for the proposed Old Palm Golf Club Planned Community Development; and WHEREAS, the City Council has determined the adoption of this Ordinance to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: Date Prepared: September 9, 2002 SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2: The City Council of the City of Palm Beach Gardens, Florida hereby approves the rezoning from Planned Development Area to Planned Community District Overlay with an underlying zoning of Residential Low and master plan of the Old Palm Golf Club Planned Community Development with 333 single family residential units, golf course, clubhouse, sales center, maintenance facilities, golf academy, and three practice holes on an approximately 651 -acre parcel generally located at the northwest corner of PGA Blvd. and Central Blvd., as more particularly described in Exhibit "A." SECTION 3: The City Council of the City of Palm Beach Gardens, Florida hereby approves the following five waivers: 1. A waiver from Section 78- 231(f) of the City's Land Development Regulations to allow averaging of the Parkway Buffer along PGA Blvd. City Codes requires a minimum of 185 feet; and 2. A waiver from Section 78 -46(f) of the City's Land Development Regulations to allow later submittal of master sign plan. City Code requires concurrent submittal with master plan of development; and 3. A waiver from Section 78- 186(8) of the City's Land Development Regulations to allow a ten -foot wall along the Turnpike and I -95, and eight -foot walls along PGA Boulevard, Central Boulevard, and the northern boundary of the PCD. City Code requires a maximum height of six feet; and 4. A waiver from Section 78 -506 of the City's Land Development Regulations to allow one sidewalk along the internal loop roads within the PCD. City Code requires two sidewalks on each side of the street; and 5. A waiver from Section 78 -498 of the City's Land Development Regulations to allow a right - of -way width of 62 -70 feet on internal collector roads within the PCD. City Code requires a minimum of 80 feet for a collector. SECTION 4: Said Planned Unit Development is approved subject to the following conditions, which shall be the responsibility of the applicant, its successors or assigns: ENVIRONMENT AND LANDSCAPING The applicant, successors, or assigns shall be responsible for the landscape, irrigation, installation and maintenance of the road shoulders of those sections of public rights -of -way contiguous and/or adjacent to the Old Palm Planned Community Development (PCD), including: a. Northern shoulder of PGA Blvd. from the Ronald Regan Turnpike to Central Blvd. (to be incorporated into the "Parkway" design requirements), as permitted by Florida Department of Transportation and/or the County. The petitioner shall also replace the existing City irrigation system with a PCD irrigation system; 2 Date Prepared: September 9, 2002 b. Eastern shoulder of Central Blvd. from I -95 south (to be incorporated into the "Parkway" design requirements), to the southern terminus of petitioner's property, as permitted by Palm Beach County and/or the Florida Department of Transportation; and c. Western shoulder of Central Blvd. from I -95 south to PGA Blvd. (to be incorporated into the "Parkway" design requirements), as permitted by Palm Beach County and/or the Florida Department of Transportation (City Forester). 2. The applicant, successors, or assigns shall be responsible for the landscape installation of the medians (including irrigation) of those sections of public rights -of -way contiguous to the Old Palm Planned Community Development (PCD), including: a. PGA Blvd. from the Ronald Reagan Turnpike approximately 500 feet towards Central Blvd. as permitted by the Florida Department of Transportation; and b. Central Blvd. from I -95 to PGA Blvd., as permitted by Palm Beach County, excluding the medians previously installed by the Bent Tree PUD (City Forester). 3. The applicant, successors, or assigns shall be responsible for the landscape maintenance of the medians (including irrigation) of those sections of public rights -of -way adjacent and/or contiguous to the Old Palm Planned Community Development (PCD), including: a. PGA Blvd, from the Ronald Reagan Turnpike to Central Blvd. (Petitioner shall provide a pro -rata share in the cost of the maintenance with the BallenIsles PCD); and b. Central Blvd. from I -95 to PGA Blvd. (Petitioner shall provide a pro -rata share in the cost of the maintenance with the Bent Tree PUD) (City Forester). 4. The applicant shall install the landscaping and irrigation for the medians and roadway shoulders adjacent to the property, as described in Conditions 1 and 2 above, within six (6) months of issuance of the clearing permit, or no further permits or inspections will be issued for the project site until said landscaping and irrigation are completed. This condition shall not apply to the road shoulder and medians affected by the raising of Central Blvd. The landscaping and irrigation shall be installed simultaneously with the raising of Central Blvd (City Forester). 5. Prior to the issuance of the first certificate of occupancy, the applicant shall provide surety, in an amount equal to 110% of the cost of the landscape improvements described above in an escrow account established by the applicant to be used by its successors or assigns to complete the project. In the event the City of Palm Beach Gardens, or another entity, forms a special district pertaining to the landscape maintenance of contiguous rights -of -way, then the Old Palm property owners association, successors or assigns shall automatically become a member of such special district. This condition may be amended at any time by a separate agreement between the applicant and the City of Palm Beach Gardens (Planning and Zoning). 6. 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. Date Prepared: September 9, 2002 Applicant's landscape architect and/or environmental consultant shall monitor protection of the preserve and buffer areas during land alteration/construction activities (City Forester, City Environmental Consultant). 7. 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), 8. 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 Section 78- 250(a)(4)e of the City's Code of Ordinances and the approved Preservation/Relocation Plan are protected (City Forester, City Environmental Consultant). 9. Detailed road right -of -way and landscape plans for all interior PCD collector roads 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). 10. Within six (6) 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 Plans (Planning and Zoning). 11. The petitioner shall maintain the landscaping along both sides of the wall along the northern boundary of the PCD and Westwood Gardens PUD (City Forester). 12. The petitioner shall completely screen the wall long PGA Blvd. from view from the right -of- way. The wall along Central Blvd. shall also be completely screened from view from the right -of -way three years after buffer landscape planting (Planning and Zoning). 13. 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). 14. The PCD buffer along PGA Blvd.(from the Turnpike to Central Blvd.) and along Central Blvd.(from PGA Blvd. to 117`" Court), shall be installed within 6 months of issuance of the first clearing permit. PCD buffer installation for the balance of Central Blvd, the PCD buffer for the property east of Central Blvd., and Buffer Section B (along Westwood Gardens), shall be installed within 12 months of issuance of the first clearing permit. All other buffers shall be installed within 18 months of issuance of the first clearing permit. The buffer installation schedule shall be in accordance with Exhibit "C" attached hereto. A one -time six -month extension to complete buffer and right -of -way improvements may be granted by the Growth Management Director upon review of sufficient justification (City Forester). 4 Date Prepared: September 9, 2002 1 S. The petitioner shall provide the City with and install a City entry sign on Central Blvd. by the I -95. interchange. The sign shall be installed within twelve (12) months of completion of the 1 -95 interchange. Should the I -95 interchange is not built within the next five years from the effective date of this development order, the petitioner shall provide said sign at another location determined by the City (Planning and Zoning). 16. Prior to the platting of the preserve areas, an upland preserve maintenance plan shall be submitted to the City for review and approval by the City Engineer and the City's Environmental Consultant (City Forester). IT Seacoast Utility Authority well locations and configurations, within the PCD buffer system, shall be restricted to those shown on the PCD Master Plan. Any revisions thereto shall be subject to Growth Management Department review and approval (Planning and Zoning). ENGINEERING AND INFRASTRUCTURE 18. 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 applicant shall obtain County approval for parcel access points onto Palm Beach County roadways (City Engineer). 19. If site plan approval has not been obtained and the applicant desires to clear and rough fill a pod during the construction of the lakes, the applicant shall obtain a clearing permit from the Growth Management Department prior to performing said work (City Engineer). 20. All land areas within the project shall have completed the recordation of plats, and the installation of on -site and off -site infrastructure and common landscaping prior to December 31, 2005 (City Engineer). 21. Prior to the issuance of the first residential building permit for each Pod, with the exception of the models, the City shall accept the Substantial Completion of the Spine Road adjacent to and providing access to said Pod as approved by the City Engineer. Substantial Completion for the Spine Road is defined as follows: installation of the first lift of asphalt and a complete and operable drainage system. The installation of landscaping, sidewalks, or lighting fixtures is not required for Substantial Completion (City Engineer). 22. Prior to the issuance of the first certificate of occupancy for each Pod, with the exception of the models, the supporting public infrastructure of said Pod shall be constructed by the applicant 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: installation of the first lift of asphalt and a complete and operable drainage system. The installation of landscaping, sidewalks or lighting fixtures is not required for Substantial Completion (City Engineer). 5 Date Prepared: September 9, 2002 23. Prior to the issuance of the first building permit for any structure, the applicant shall provide surety, acceptable to the City, for the construction of the public improvements for the Spine Road (from PGA Blvd. to Parcels A and B). 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 business day of July of each year (City Engineer). 24. The applicant shall be permitted to offer up to 55 non - resident golf club memberships with this PCD approval to off set the reduction in the number of homes proposed (320) and the number of homes approved with the concurrency approval (333). The petitioner, successors, or assigns shall on January first of each year submit an affidavit in recordable form to the Growth Management Department Director confirming that the number of non - residential golf club memberships is within or at the maximum number allowed by this development order (City Attorney). 25. Prior to the issuance of the final residential Certificate of Occupancy for this project, the Spine Road and all of the internal roadways shall be fully constructed by the applicant and approved by the City of Palm Beach Gardens (City Engineer). 26. Prior to the first residential Certificate of Occupancy for each Pod, the applicant shall install the landscaping for the Spine Road adjacent to and providing access to said Pod to the satisfaction of the City Forester (City Engineer). 27. Prior to the issuance of the Certificate of Occupancy for any building within the Clubhouse parcel, the applicant shall plat and construct the Spine Road to a point of completion, less the final lift of asphalt. The installation of landscaping, sidewalks, and lighting shall be operational along one side of the Spine Road to accommodate safe pedestrian access to the Clubhouse. Temporary crosswalks shall be provided across the Spine Road from each Pod entry to said sidewalk (City Engineer). 28. No construction or land alteration of any portion of the surface water management system shall be undertaken until an environmental resource permit for construction and operation of the Surface Water Management System, or portion thereof, is issued by the South Florida Water Management District and approved by the City (City Engineer). 29. The applicant shall copy to the City all correspondence to and from the South Florida Water Management District regarding the Surface Water Management System (City Engineer). 30. The applicant shall comply with all Federal Environmental Protection Agency (EPA) and State of Florida Department of Environmental Protection NPDES permit requirements, including but not limited to, preparation of a stormwater pollution prevention plan and identification of appropriate Best Management Practices (BMP) for construction activities, submission of a Notice of Intent to EPA or their designee, implementation of the approved plan, inspection and maintenance of controls during construction, and submission of a stormwater Notice of Termination (City Engineer). 6 Date Prepared: September 9, 2002 31. The construction, operation and/or maintenance of any elements of the subject project shall not have any negative impacts on the existing drainage of surrounding areas including but not limited to the Ronald Reagan Turnpike, Central Boulevard, PGA Boulevard, Westwood Gardens/Westwood Lakes, etc. If, at any time during the project development, it is determined by the City that any of the surrounding areas are experiencing negative drainage impacts caused by the project, it shall be the applicant's responsibility to cure said impacts in a period of time and a manner acceptable to the City prior to additional construction activities (City Engineer). 32. Prior to the issuance of any permits for construction of residential homes and golf club facilities, a contract shall be let and a notice to proceed shall be issued by the applicant for the construction of that portion of the surface water management system such that legal positive drainage, required levels of service, and performance standards for flood protection in accordance with the City's codes and ordinances are achieved so that in the event the project is temporarily or permanently discontinued, the partially constructed system will meet all required surface water management system levels of service and performance standards. No Certificates of Occupancy will be issued until the approved phased portion of the surface water management system has been completed, certified by the engineer of record, and determined acceptable by the City Engineer and Northern Palm Beach County Improvement District (City Engineer). 33. All areas designated for maintenance of the Surface Water Management System shall be no less than 20 -feet wide (minimum) with graded slopes no steeper than 8:1(horizontal:vertical). No construction or landscaping shall be permitted in the maintenance areas in a manner that will in any way restrict, impede or otherwise limit the use of these areas for this intended purpose (City Engineer). 34. The applicant and/or Northern Palm Beach County Improvement District ( NPBCID) shall furnish and install continuous lake stage recorders including telemetry equipment meeting NPBCID guidelines. In addition, the stage recorders and telemetry equipment shall be configured such that the City shall.have the capability to monitor lake stages. Installation shall be concurrent with the acceptance of the Surface Water Management System by NPBCID for all or any portion of the system. The locations and number of the stage recorders shall be in accordance with a monitoring plan mutually acceptable to the City and NPBCID (City Engineer). 35. The Surface Water Management System shall be continue to be analyzed and designed using a dynamic analysis acceptable to the City, accounting for piping systems, and flood routing in order to establish minimum road, berm and finished floor elevations. These elevations shall be documented in tabular form including sub -basin number and master plan parcel identification on the drainage plans approved by the City (City Engineer). 36. Upon PCD approval, the applicant may apply for an excavation and fill permit, which is subject to review and approval by the Growth Management Department (City Engineer). 7 Date Prepared: September 9, 2002 37. Within six (6) months of the issuance of the Development Order and before the first residential building permit (excluding models) is issued, the applicant shall enter into a Public Facilities Agreement (PFA) with Palm Beach County for funding of all roadway improvements in a form acceptable to the County Engineer for all improvements that are not assured construction (City Engineer). 38. The applicant shall use best efforts to construct the off -site berms as required by the SFWMD Conceptual Permit for NPBCID's Unit No. 2 on the lands that are owned by the applicant located along Central Boulevard and Military Trail, south of Hood Road and north of I -95. The berm construction shall be complete within eight months of the issuance of the building permit to construct by all the applicable government agencies (City Engineer). 39. Prior to issuance of the first building permit, with the exception of the models and maintenance facility, or within six months of the effective date of the development order, whichever occurs first, the applicant shall install the meandering sidewalkiberm as required by the Environmental Resources Permit issued by the South Florida Water Management District for Northern Palm Beach County Improvement District's Unit of Development No. 2 along the existing, adjacent rights -of -way (City Forester and City Engineer). 40. The sales center shall be a temporary facility for such purpose until the last residential building permit is issued by the City, after which the facility shall become an administrative office to be used strictly for internal PCD purposes (Planning and Zoning). TRAFFIC 41. This development order shall expire on December 31, 2005, which is the build -out date specified in the Concurrency Certificate issued for the PCD (Planning and Zoning). 42. Prior to the issuance of the first Certificate of Occupancy or as otherwise determined by the City Engineer, the applicant shall construct the following: a. A right -turn ingress lane at the driveway along PGA Boulevard (westbound into the project entrance); b. A right -turn ingress lane at the driveway along Central Boulevard (southbound into the project entrance); c. A left -turn ingress lane at the access driveway along PGA Boulevard (eastbound into the project entrance); and d. A left -turn ingress lane at the access driveway along Central Boulevard (northbound into the project entrance) (City Engineer). 43. The City shall not issue building permits for more than 116 residential units until construction begins for one additional westbound through lane on PGA Boulevard from the Ronald Reagan Turnpike to Central Boulevard, or upon adoption ofproper CRALLS designation for this link, in excess of 50,421 ADT (City Engineer). 44. The City shall not issue building permits for more than 120 residential units (impact beyond N Date Prepared: September 9, 2002 I% of the LOS D capacity at PGA Boulevard, between I -95 and Military Trial, where traffic diversions due to planned Kyoto Garden Drive Extension were used) until construction begins for the Kyoto Garden Drive roadway extension (City Engineer). 45. The City shall not issue building permits for more than 124 residential units, until construction begins for widening of PGA Boulevard from two (2) lanes to four (4) lanes, between the Ronald Reagan Turnpike and Avenue of the Champions. This is an assured improvement for which surety has been posted (City Engineer). 46. The City shall not issue building permits for more than 149 residential units until construction begins for widening of Hood Road from two (2) lanes to four (4) lanes, between Military Trail and Alt. AlA (City Engineer). 47. The City shall not issue building permits for more than 188 residential units until construction begins for one (1) additional westbound lane on PGA Boulevard from I -95 to Military Trail, or upon adoption of proper CRALLS designation for this link, in excess of 5 8,8 10 ADT (City Engineer). 48. The City shall not issue building permits for more than 229 residential units until the adoption of CRALLS designation of 1,800 vph as the critical sum, or construction begins for the following improvements at the intersection of PGA Boulevard/Military Trail: a. Add one (1) additional through lane on both westbound and eastbound approaches, and add one (1) exclusive right -turn lane on the southbound approach (City Engineer). 49. The City shall not issue building permits for more then 237 residential units until construction begins for the following improvements at the intersection of PGA Boulevard/the Ronald Reagan Turnpike: a. Reconfigure the southbound approach to provide two (2) exclusive left -turn lanes, and one (1) shared through/left -turn lane; and b. Use the existing unused pavement to add one (1) exclusive right -turn lane on the southbound approach (City Engineer). 50. The City shall not issue building permits for more than 257 residential units until construction begins for the following improvements at the intersection of PGA Boulevard/Avenue of the Champions: a. Reconfigure the westbound approach to provide one (1) left -turn lane, one (1) through lane, and one (1) shared through/right -turn lane; and b. Provide an additional eastbound through lane (City Engineer). 51. The additional right -of -way for the I -95 /Central Boulevard interchange, as shown on the attached plan (Exhibit B), shall be shown on the plat as road right -of -way and dedicated to Palm Beach County (Planning and Zoning). 6 Date Prepared: September 9, 2002 52. The developer shall, prior to the first building permit, convey to Palm Beach County by road right -of -way warranty deed the additional right -of -way for the I -95 /Central Boulevard interchange, shown on the plat, free of all encumbrances and encroachments (Planning and Zoning and Engineering). 53. The petitioner shall disclose the future location of the I -95 /Central Boulevard interchange in the contract purchase documents to potential customers interested in purchasing properties within the Old Palm PCD. Such disclosure language shall be reviewed and approved by the City Attorney prior to the issuance of the first residential building permit. The petitioner shall also post a sign of minimum size of two (2) feet by four (4) feet at the sales center at a location visible to potential homebuyers immediately within the lobby area of the sales center disclosing the potential location of the I -95 /Central Boulevard interchange (Planning and Zoning and City Attorney). 54. Prior to recording the master property owner's association documents in the public records and no later than the first residential sale, the petitioner shall provide such documents, which shall include discloser language regarding the location of the I -95 /Central Blvd. interchange, to the City Attorney for review and approval (City Attorney). 55. During the period of effectiveness of this development order, the petitioner shall annually provide the City with a status report on all the approved element of the PCD, including a summary of completed construction and schedule of proposed construction over the remaining life of the development order (Planning and Zoning). CONSTRUCTION 56. Prior to issuance of any building permits within the PCD, the applicant shall revise the master plan to indicate a temporary construction staging area located on the northern portion of Parcel D, adjacent to the proposed temporary construction entrance. At no time shall staging of construction vehicles and/or service vehicles occur within a public right -of -way. (Planning and Zoning) 57. Prior to the issuance of any building permits within the PCD, the applicant shall revise the master plan to indicate an additional temporary construction entrance off Central Boulevard immediately north of PGA Boulevard. Said entrance maybe open for six months after the issuance of the first clearing permit within the PCD. The applicant may request one administrative time extension with the additional time period to be deterniined by the Growth Management Director. (Planning and Zoning) SCTION 5: The Planned Community Development shall be in compliance with the following plans on file with the City's Growth Management Department: L Master Plan, Urban Design Sutdio, Sheet MP -01 - MP -04, revised on August 21, 2002; 2. Buffer Set Sheet Index, Urban Design Studio, Sheets L -00 - L -10, received on July 15,2002; 10 Date Prepared: September 9, 2002 3. Central Avenue Median Planting, Urban Design Studio, Sheets MPP -01- MPP -03, revised on March 15, 2002; 4. Central Blvd. and I -95 Conceptual Interchange, PBC Eng. and Public Works, Wantman Group Inc. received on June 21, 2002; S. Main Entrance Site Plan, Wilson Miller & Urban Design Studio, ME -01- ME -04, revised on March 15, 2002; 6. PGA Blvd. Gatehouse, WCI Architecture and Land Planning, Sheets Iof 3 and 2 of 3, dated December 9, 2001; 7. 2nd Entrance Site Plan, Wilson Miller & Urban Design Studio, SE -01- SE -04, revised on March 15, 2002; 8. Central Blvd. Gatehouse, WCI Architecture and Land Planning, Sheets 1 of 3 and 2 of 3, dated December 9, 2001; 9. Old Palm Golf Club Rest Shelters, Williams Zmistiwski Associates, Cover Sheet revised December 4, 2001 and Sheet 1 revised January 24, 2002; 10. Preliminary Engineering Master Plan, Gee & Jenson, Sheet 01, dated August 21, 2002 and Sheets 02 - 04, dated October 8, 2001; 11. Old Palm PCD Bus Shelter, Urban Design Studio, One Sheet, dated August 15, 2002; and 12. Buffer Installation Schedule, Urban Design Studio, One Sheet, dated August 19, 2002. SECTION 6: All Ordinances or Parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 7: If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance than can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable. SECTION 8: This Ordinance shall become effective immediately upon adoption. PASSED, FIRST READING PASSED, SECOND READING PASSED, ADOPTED AND APPROVED SIGNED: C,aws.o this yam` day of f�i'l�i, rd�„ 2002. this // 14W day of S�1�o,�,1,jti , 2002. this 1-0 day of rAkjV,rr , 2002. 11 VICE Y SABATELLO ATTEST: VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCMMEM 3ER RUSSO COUNCILMEMBER DELGADO Date Prepared: September 9, 2002 I HEREBY CERTIFY that I have approved this ORDINANCE as to form. LEONARD RUBIN CITY ATTORNEY AYE NAY ABSENT 12 L h CONSULTING CIVIL ENGINEERS, SURVEYORS & MAPPERS CIVIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEY & MAPPING GIS "Partners For Results Value By Design" 3550 S.W. Corporate Pkwy. Palm City, FL 34990 (561) 286 -3883 Fax (561) 286 -3925 www.lbfh.com MEMORANDUM TO: Jackie Holloman FROM: Sean C. Donahue, P.E.C,)�, DATE: December 18, 2002 FILE NO. 00 -4161 SUBJECT: WCI — Parcel 31 PCD (AKA Old Palm Golf Club) Master Signage Program We have reviewed the revised Signage Criteria Manual prepared by Wilson Miller Design received December 17, 2002. We have the following comments: 1. Satisfied. The applicant has specify that the size of all proposed Traffic Control signs shall be in accordance with FDOT and MUTCD standards. 2. Satisfied. The applicant has specified that the size of all proposed Traffic Control signs shall be in accordance with FDOT and MUTCD standards. 3. Satisfied. The applicant has specified that street identification signs shall have minimum 4 -inch text according to MUTCD standards. 4. Conditionally Satisfied. The applicant has removed the notation regarding the breakaway features of the signs. The applicant has agreed to provide roadway signage on the construction plans for the internal roadways of the project, which will be signed and sealed by a professional engineer registered in the State of Florida. 5. On Page 17 of the Manual, the applicant has proposed Vehicular Directional signage. The proposed height of the sign is listed as 5 -fee, 6- inches. We note that in pedestrian use areas, the signs need to conform to the FDOT/MUTCD height requirements of 7 -feet. We recommend a condition of approval requiring the same. SCD/ cc: Talal Benothman $ 8 PA\PBGMEM0\4161 \4161zL.doc DEC, 23 6 L-l'• December 23, 2002 Ms. Jackie Holloman, Planner Growth Management Department City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 RE: OLD PALM GOLF CLUB SIGNAGE CITY COMMENTS OUR REF. #99- 084.19 Dear Ms. Holloman, Urban Design Urban Planning Land Planning Landscape Architecture Communication Graphics In response to the comments from Sean Donahue dated December 18, 2002 letter, we offer the following responses. For your convenience I have duplicated the comments in bold and our responses follow in ila& -s. 1. Satisfied. 2. Satisfied. 3. Satisfied. 4. Conditionally Satisfied. 5. On Page 17 of the Manual, the applicant has proposed Vehicular directional signage. The proposed height of the sign is listed as 5 -feet, 6- inches. We note that in pedestrian use areas, the signs need to conform to the FDOT/MUTCD height requirements of 7 -feet. We recommend a condition of approval requiring the same. We agree to a cona'iliorr ofappro Pal lhal all vehicular direclionalsigrrage sign inpedeslrian use areas wz71 cojfoim to the FDOFIff& = heightreguiremen! of 7feel. I hope that the above response will address of all outstanding concerns regarding this signage application. Should you have any questions, please feel free to contact me. Sincerely, Urban Desi n Studio Samantha Gr (A; Project Manager Gu" PLC, , 2000 Palm Beach Lakes Boulevard Suite 600 The Concourse West Palm Beach, Florida 53409 661.689.0066 661.689.0551 fax Irvine, CA 714.489.8131 X11% Ir 0$7d" ' ^xW�k 7,f T7 I "'.. y i '�q' W"� ! W'. w! Ulik "prs r Isb wS �al,r yx �"u `�a`^ Gel!^ r" ! Ww 1 ! e "" � «�' "4 k w� « �w 1w. MuMa 1 'yI •� }tee. r ,pv, -, yI� 4 w+..�' I� lYi,w'! rx �' "1w►. ,� i^ •,„'41 pq 16 t ^' m I a Y f 0 n ° �A e y tv �t .� 1R• T w ryr. 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[ X ] Recommendation to APPROVE with conditions and waivers [ ] Recommendation to DENY Reviewed by: Originating Dept.: FINANCE: NA City Council Action: Growth Management: [ ] Approved Principal Planner Costs: $ Talal Benothman, Project Total [ ] App. w/ conditions City Attorney Manager Leonard Rubin, q. Jackie Hollo $ [ ] Denied -rd 414 Planner Current FY Development Compliance_ [ ]Continued to: Bahareh Keshavarz- Wolfs, Funding Source: AICP [ ] Operating Submitted by: Attachments: Growth Ma g Advertised: [X] Other NA • Table 1 Administrat �w.`, gf Date: •Table 2 Charles K. Wu, AICP Paper: Budget Acct. #: • Applicant's Letter [ X ] Not Required NA • DRC Comments • Location Map • PCD Ordinance 32, 2002 Approved b City Man a •Reduced Plans Affected parties: Ronald M. Fe is [ ] Notified [ X ] Not Required Date Prepared: January 12, 2003 Meeting Date: February 6, 2003 Resolution 215, 2002 BACKGROUND On September 18, 2002, City Council adopted Ordinance 32, 2002, with conditions, approving the Master Plan for the Old Palm Golf Club Planned Community District (PCD) to allow 333 residential units on eight residential parcels. The PCD approval included a golf course, clubhouse, sales center, maintenance facilities, and a golf academy for a total of approximately 651 acres. LAND USE AND ZONING The subject site is zoned PCD — Planned Community District with an underlying zoning of RL - Residential Low. The Future Land Use designation is RM - Residential Medium, and is listed as RM - Residential Medium on the Vision Plan. For a complete listing of adjacent uses, land use designations and zoning districts, see Table 1 below. Tables 2 and 3 examine the consistency of the site with the City Code. CONCURRENCY A concurrency certification request was submitted to the City on December 23, 1999, and certification was granted for the Old Palm PCD on January 24, 2002. The development order will expire on December 31, 2005, which is the build -out date specified in the Concurrency Certificate issued for the PCD. PROJECT DETAILS Proposed Site Improvements The applicant is proposing a 26,160 square -foot clubhouse and pro shop, 3,000 square feet of outdoor seating associated with the clubhouse amenities, and a 3,689 square -foot fitness and spa building. The site will also feature 18 casita units (two per building) associated with the Clubhouse facility. The residential portion of the site will have a density of 8.65 dwelling units per acre, which is less than the nine dwelling units per acre allowed by the Residential Medium underlying zoning designation, as indicated on the approved Master Plan for this portion of the site. Proposed Buildings The 26,160 square -foot clubhouse and 3,689 square foot fitness /spa are proposed to have a stucco finish and a concrete tile roof. The buildings will have a neutral color palette and will feature such architectural treatments as columns, bandings, shutters, arches, architectural trim and terraces. 2 Date Prepared: January 12, 2003 Meeting Date: February 6, 2003 Resolution 215, 2002 The applicant states the clubhouse is designed to complement the "Palm Beach Style." Furthermore, the applicant states this eclectic style was developed during the "Roaring Twenties" by several architects including Addison Mizner, Marion Wyeth, Maurice Fatio, Joseph Urban, Howard Major and John Volk among others. While Mizner gets the most credit for establishing this style, the intent at Old Palm Golf Club is to create a building that will be distinctly "Palm Beach" and not a " Mizner" clone or an over - developed Mediterranean style. The applicant is proposing architecture that is characterized by a strong Spanish and Romanesque style with eclectic detailing from periods such as Moorish, Spanish Revival, Spanish Gothic, Mediterranean revival, and Spanish Renaissance with some Venetian and Tuscan influences. This style has been called "Romantic Eclecticism" because of the many styles represented. These many specific details will be incorporated in the clubhouse design to create the distinctive Palm Beach style of architecture. Details incorporating low- hipped roofs clad with traditional barrel tile roofs at many different levels will cap the different massing of the building as it wraps around a large central courtyard and several smaller courtyards. Each casita building will have two, one - bedroom units and are proposed to be constructed with a stucco finish and a concrete tile roof. The casitas will have a neutral color palette and will feature such architectural treatments as columns, bandings, shutters, arches, architectural trim and porches. Si_g age The overall PCD master signage program has been submitted to the City for review under a separate petition. Landscaping and Buffering The Clubhouse, Fitness Center and Casitas site require 18,470 points of landscaping based on the proposed building square footage and open space. The applicant is proposing 19,852 landscaping points for the site. The Clubhouse portion of the site will feature Royal Palms lining the entrance to the clubhouse facility, while Live Oaks will be located within the parking lot. The casitas' site will feature Live Oaks and a variety of large shrubs and groundcovers. Parking The required parking for this site is 218 parking spaces, and the applicant is proposing to construct 218 parking spaces to service the clubhouse, fitness center, casitas, and golf course parking. The clubhouse, fitness center and the outdoor seating associated with the clubhouse have a parking ratio of one space per 300 square feet, which is consistent with the clubhouse 3 Date Prepared: January 12, 2003 Meeting Date: February 6, 2003 Resolution 215, 2002 approval for the Mirasol PCD. The golf course parking follows the code requirement of four spaces per hole. Parking is being provided for the 18 -hole golf course, plus three practice holes. The 19th hole is a signature hole for the project, and no parking is designated for this hole. Eighteen parking spaces and one guest parking space are provided for the Casitas. Site Access and Circulation The clubhouse site will be accessed by one entrance from the Old Palm PCD Spine Road. Drainage Drainage outfall from this site will be accomplished by drainage into inlets, out - falling into the overall Old Palm PCD drainage system. Phasing Development of the site will be in two phases. Phase I will consist of the clubhouse facilities, fitness center, four Casita units (two buildings), and all of the parking area. Phase II will consist of 14 Casitas (seven buildings) and the covered parking near the main entrance to the clubhouse. Environmental Compliance The proposed development is in compliance with all environmental ordinances of the City of Palm Beach Gardens. Development of this parcel is in conformance with the currently approved Master Plan. WaiVP.rR A waiver is being requested from Section 78- 344(L)(1) of the City Code to allow for 9 -foot wide parking spaces. According to City Code, requests for reduction of parking space dimensions shall comply with the following standards: • Additional open space, at a ratio of 1.5 square feet for each square foot of paved parking area that is reduced through the use of smaller parking spaces shall be provided. The additional pervious open space shall be provided as additional landscaping, pedestrian amenities, or vegetative preserve areas, and shall be calculated and. identified on the project site plan. The additional open space and landscaping or related amenities required in this subsection shall be installed within the paved portions of the parking area. 4 Date Prepared: January 12, 2003 Meeting Date: February 6, 2003 Resolution 215, 2002 The following are the calculations indicating additional open space area provided through the reduction of the parking spaces. 218 parking spaces required x 18.5 square feet (reduction of paved area per parking space) = 4,033 square feet 4,033 square feet of total reduced paved area x 1.5 code required ratio = 6,049.5 square feet or 0.138 acres of required additional open space. The project site plan incorporates the 0.138 acres of required additional open space by providing 5.30 acres of total open space (55 %) on the Parcel F1 site. The total amount of required open space on the site is 1.49 acres. The overall site has 3.81 acres of additional open space and pedestrian amenities within the entire site than what is required by Code. The additional 0.138 acres of open space required for the reduction of the parking space dimension is located within the parking area for the Clubhouse and Casitas. A second waiver from Section 78 -182, Exterior Lighting, is being requested by the applicant to allow several areas in the parking lot to exceed 10.0 foot - candles. The light pole heights are proposed at a 15 -foot height instead of the 25 -foot allowed by Code, and, therefore, a limited number of hot spots have developed directly under the twin -head light fixtures. Code Section Required Proposed Waiver Recommendation Section 78- 10' x 18.5' 218 spaces: 1 foot Staff Supports (1) 344(L)(1)a. 9' x 18.5' Parking Stall Dimensions Section 78- Not to 14.6 foot- 4.6 foot - candles Staff Supports (2) 182(f)(4). exceed candles Lighting 10.0 foot- within candles I parking lot (1) Additional open space is being provided on the site; therefore, staff supports the request for the waiver for the 9 -foot wide parking spaces. (2) Because the light poles are proposed at a 15 -foot height, they will be more aesthetically pleasing. There is no excessive spillover of light into nearby residential areas, and no lights are visible from any public rights of way; therefore, staff supports this waiver. 5 Date Prepared: January 12, 2003 Meeting Date: February 6, 2003 Resolution 215, 2002 DEVELOPMENT REVIEW COMMITTEE (DRQ COMMENTS City En ig neer In a memorandum dated December 30, 2002, the City Engineer provided comments relative to the photometric plan, which will require a waiver. In addition, the City Engineer recommended additional conditions of approval pertaining to drainage, handicap ramps, and the covered parking area. No adverse comments or concerns have been received from the other Development Review Committee members. PLANNING AND ZONING COMMISSION At the Planning and Zoning Commission meeting of October 8, 2002, with a vote of 7 -0, the Commission recommended approval to the City Council, with the condition that an additional pedestrian connection be provided to the clubhouse plaza. The applicant made the requested changes to the plans, which were subsequently reviewed and approved by the City Engineer. RECOMMENDATION Staff recommends approval of Resolution 215, 2002, with waivers and conditions of approval. n Date Prepared: January 12, 2003 Meeting Date: February 6, 2003 Resolution 215, 2002 jA TAB EXISTING ZONING AWL' USE�DESIGN�TIO.NS EXISTING USE ZONING FUTURE LAND USE Subject Property PCD with Residential Low RM - Residential Medium Vacant underlying (Designated on the submitted Master Plan as Clubhouse and Residential) North PCD (Designated on the RM - Residential Medium Vacant submitted Master Plan as Residential) South PCD (Designated on RM - Residential Medium Vacant submitted Master Plan as Golf) East PCD (Designated on RM - Residential Medium Vacant submitted Master Plan as Parkway Buffer) West PCD (Designated on RM - Residential Medium Vacant/Central Boulevard submitted Master Plan as Golf Parkway and Lake) 7 Date Prepared: January 12, 2003 Meeting Date: February 6, 2003 Resolution 215, 2002 CONSISTENCY WITH THE CODE C WHOIISE FACILITY Use: Accessory Code requirement Proposed Plan Consistency Use to Golf Course Clubhouse - Site Zoning Public/ Institutional Open Space minimum of 10% 47% yes (55% overall) Minimum Building 15,000 sf 7.56 acres (329,313 sf) yes Site Area (9.64 acres overall) Minimum Lot Width 100 feet 474 feet East/West yes Maximum Building 40% 19% yes Lot Coverage Maximum Height 55 feet 55 feet yes Limit (requested waiver as part of PCD request C i T Setbacks w4, North (Side) 15 123 feet yes South (Side) 15 190 feet yes East (Front) 25 360 feet yes West (Rear) 15 35 feet yes Parking Date Prepared: January 12, 2003 Meeting Date: February 6, 2003 Resolution 215, 2002 (.,(/1�iJlO1G1!'l.T llllll l At.[i� vale. ' ';.tiu.usa[aiarus . cu �vs : ra a Use: Accessory Code requirement Proposed Plan Consistency Use to Golf Course Clubhouse - Site Zoning Public/ Institutional Parking: Number Clubhouse - 88 199 spaces yes Required spaces (218 spaces overall) Fitness Center - 12 spaces Outdoor Seating - 10 spaces Golf Course - 84 spaces Golf Academy - 5 spaces Total - 199 spaces Stall Dimensions 10'x 18.5' 9'x 18.5' No - waiver requested Bicycle Parking 11 11 yes Loading Spaces 2 2 yes 6 Date Prepared: January 12, 2003 Meeting Date: February 6, 2003 Resolution 215, 2002 Use: Residential - Site Zoning - RM Code requirement Proposed Plan Casitas (18 units) Consistency Open Space 35% 83% yes Minimum Building Site Area 15,000 sf 2.08 acres (90,604 sf) yes Minimum Lot Width 100 feet 35 feet yes Maximum Building Lot Coverage 40% 25% yes Maximum Height 36 feet 36 feet yes Limit North (Side) 10 feet 25 feet yes South (Side) 10 feet 420 feet yes East (Front) 30 feet 47 feet yes West (Rear) 20 feet 35 feet yes Number Required Casitas - 18 spaces 19 yes Guest Parking - 1 (218 overall) spaces Stall Dimensions 10'x 18.5' 9'x 18.5' no, waiver requested 10 Date Prepared: January 17, 2003 Resolution 215, 2002 CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 215, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING A 9.64 -ACRE SITE FOR A CLUBHOUSE, FITNESS CENTER, AND CASITAS ON PARCEL Fl WITHIN THE OLD PALM GOLF CLUB PLANNED COMMUNITY DISTRICT (PCD), GENERALLY LOCATED AT THE NORTHWEST CORNER OF PGA BOULEVARD AND CENTRAL BOULEVARD, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT A ATTACHED HERETO; PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application from Community Finance Company, for approval of a 9.64 -acre site for a Clubhouse, Fitness Center, and Casitas on Parcel F1 within the Old Palm Golf Club Planned Community District, located generally at the northwest corner of PGA Boulevard and Central Boulevard, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the site is currently zoned Planned Community District (PCD) Overlay with underlying zoning of Residential Low (RL), and a future land -use designation of Residential Medium (RM) and Residential High (RH); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient and consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, on October 8, 2002, the Planning and Zoning Commission recommended approval of the Old Palm Golf Club Clubhouse, Fitness Center, and Casitas; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council of the City of Palm Beach Gardens, Florida, hereby approves a site plan for a 9.64 -acre site known as Parcel Flwithin the Old Palm Golf Club Planned Community District, as more particularly described in Exhibit "A" attached hereto and incorporated herein, allowing for the construction of a Clubhouse, Fitness Center, and Casitas. Date Prepared: January 17, 2003 Resolution 215, 2002 SECTION 3: Said site plan approval shall comply with the following conditions, which shall be binding upon the applicant, its successors, assigns and/or grantees: Prior to issuance of the first certificate of occupancy, the surface water management system and storm drainage system necessary to support Parcel F 1 shall be constructed, certified by the Engineer -of- Record, and approved by the City (City Engineer). 2. Required digital files of approved plat in its entirety transformed to NAD 83 State Plan Coordinate System shall be submitted to the Planning and Zoning division prior to building permit and approved civil as -built design and architect drawings shall be submitted to the Planning and Zoning Division prior to issuance of Certificate of Occupancy (GIS Manager, Development Compliance Officer). 3. Prior to construction plan approval, the applicant shall show handicap ramp locations on the construction plans consistent with the approved site plan and shall provide a handicap ramp details for each ramp style meeting current ADA (American Disabilities Act) standards to the satisfaction of the City Engineer. (City Engineer). 4. Prior to issuance of the Certificate of Occupancy for Phase I, the six handicap parking spaces east of the clubhouse shall be fully functional and shall remain fully functional during the construction of the covered parking structures in Phase H. (City Engineer) Construction of the covered parking structures in Phase H shall be limited to off - season months only (April to October). During construction, six handicap parking spaces shall be provided in this area at all times, along with the required access paths /ramps and signage, all of which shall be fully functional and meet ADA requirements and standards. (City Engineer) 6. Prior to issuance of the first building permit for Phase H, the applicant shall submit all necessary plans for the proposed covered parking structures east of the clubhouse. (City Engineer) SECTION 4: The City Council of hereby approves the following waivers from the City Code with this approval: 1. A waiver from Section 78- 344(L)(1)a, Parking, which requires 10 -foot wide parking spaces, to allow for 9 -foot wide parking spaces. 2. A waiver from Section 78 -182, Exterior Lighting, which requires lighting not to exceed 10.0 foot - candles, to allow several areas in the parking lot to be 14.6 foot - candles. 2 Date Prepared: January 17, 2003 Resolution 215, 2002 SECTION 5: Said approval shall be consistent with all presentations made by the applicant or applicant's agents at any workshop or public hearing. SECTION 6: Said approval and construction shall be consistent with plans filed with the City's Growth Management Department as follows: 1. Golf Club Site Plan GC -01, Planting Plan GC -02, Planting Details and Specifications GC -03 revised December 19, 2002, by Urban Design Studio. 2. Preliminary Engineering Plan Sheets T1 and Idated December 19, 2002, by Gee & Jenson. 3. Golf Clubhouse Photometric Plan PH -01 dated November 20, 2002, by Jorge R. Cervantes, P.E., Inc. 4. Golf Clubhouse Architectural Plans DD2.1— DD2.9; Clubhouse Elevations DD3.1— DD3.4 dated May 20, 2002, by William Zmistowski Associates, LLC. 5. Fitness Center Plans DD22.1, DD22.2, DD23.1 dated May 20, 2002, by William Zmistowski Associates, LLC. 6. Casitas Plans DD32.1, DD33.1, DD33.2 dated May 20, 2002, by William Zmistowski Associates, LLC. SECTION 7: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 8: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 9: This Resolution shall become effective immediately upon adoption. [This space intentionally left blank.] 3 Date Prepared: January 17, 2003 Resolution 215, 2002 PASSED, ADOPTED AND APPROVED this day of , 2003 ATTEST: PATRICIA SNIDER, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUBIN CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO Jholloman/old palm /SP0210 reso 215 02.doc MAYOR JABLIN AYE NAY ABSENT al EXHIBIT "A" DESCRIPTION OLD PALM -- CLUBHOUSE A PARCEL OF LAND BEING A PORTION OF SECTION 2, TOWNSHIP 42 SOUTH, RANCE 42 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 2; THENCE SOUTH 88'11'13 EAST ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 2, FOR 2520,89 FEET; THENCE SOUTH 01'48'47" WEST, FOR 211.72 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTH 43'47'37" EAST, FOR 54.02 FEET; THENCE SOUTHEASTERLY AND NORTHEASTERLY ALONG THE ARC OF A TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 75.00 FEET AND A CENTRAL ANGLE OF 81'57'03', FOR 107,27 FEET; THENCE NORTHEASTERLY AND SOUTHEASTERLY ALONG THE ARC OF A REVERSE CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 100.00 FEET AND A CENTRAL ANGLE OF 51'47'13 ", FOR 90,39 FEET; THENCE SOUTHEASTERLY AND NORTHEASTERLY ALONC THE ARC OF A REVERSE CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 100.00 FEET AND A CENTRAL ANGLE OF 57'59'56 ", FOR 101.23 FEET; THENCE SOUTH 69'50'33" EAST ALONG A NON- TANGENT LINE, FOR 81.50 FEET: THENCE SOUTHWESTERLY AND SOUTHEASTERLY ALONG THE ARC OF A NON -- TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 284.00 FEET, A CHORD BEARING OF SOUTH 03'3001" WEST AND A CENTRAL ANGLE OF 33'20'05 ", FOR 165.23 FEET; THENCE SOUTHEASTERLY AND- SOUTHWESTERLY ALONC THE ARC OF A REVERSE CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 266.00 FEET AND A CENTRAL ANGLE OF 45'19'58 ", FOR 210.46 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF A REVERSE CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 4062.22 FEET AND A CENTRAL ANGLE OF 0553'26 ", FOR 417.64 FEET: THENCE NORTH 8638'31" WEST ALONG A NON- TANGENT LINE, FOR 474.67 FEET; THENCE NORTH 00'02'32" WEST, FOR 258.93 FEET; THENCE NORTH 4924'41" EAST, FOR 26.32 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF A NON- TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 140.31 FEET, A CHORD BEARING OF .NORTH 10'52'23' WEST AND A CENTRAL ANGLE OF 04'29'00 ", FOR 10,98 FEET; THENCE NORTHWESTERLY AND NORTHEASTERLY ALONG THE ARC OF A NON- TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 62.00 FEET, A CHORD BEARING OF NORTH 02'45'50" WEST AND A CENTRAL ANGLE OF 16'27'00 ", FOR 17.80 FEET; THENCE NORTHEASTERLY AND NORTHWESTERLY ALONG THE ARC OF A REVERSE CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 112.00 FEET AND A CENTRAL ANGLE OF 07'56'17 ", FOR 15.52 FEET; THENCE NORTH 32'13'57" WEST ALONG A NON- TANGENT LINE, FOR 35.73 FEET; THENCE NORTH 00'02'32" WEST, FOR 134.31 FEET; THENCE NORTH 62'32'28 EAST, FOR 309.72 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF A NON- TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 24.85 FEET, A CHORD BEARING OF NORTH 09'58'09" EAST AND A CENTRAL ANGLE OF 09'32'55 ", FOR 4,14 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF A COMPOUND CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 138,18 FEET AND A CENTRAL ANGLE OF 12'03'11 ", FOR 29.07 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF A COMPOUND CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 234.30 FEET AND A CENTRAL ANGLE OF 06'35'33 ", FOR 26.96 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF A REVERSE CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 321,37 FEET AND A CENTRAL ANGLE OF 11'35'00 ", FOR 64.97 FEET TO THE POINT OF BEGINNING. CONTAINING 9.64 ACRES. MORE OR LESS. L h CONSULTING CIVIL ENGINEERS, SURVEYORS & MAPPERS CIVIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEY & MAPPING GIS "Partners For Results Value By Design" 355 Corporate Pkwy, Ci FL 3_ 286. Fax (561) 286 -3925 www.lbfh.com MEMORANDUM TO: Jackie Holloman FROM: Sean C. Donahue, P.E. DATE: December 30, 2002 FILE NO. 02 -4243 SUBJECT: Old Palm Golf Club — Parcel F1 (Clubhouse, Fitness Center, Casitas) We have reviewed the following plans received November 25, 2002: • Narrative Responses prepared by Urban Design Studio. • Parcel F1 Site Plan prepared by Urban Design Studio. • Parcel F1 Planting Plan prepared by Urban Design Studio. • Preliminary Engineering Plan and Details prepared by Gee & Jenson We have the following comments: 1. The applicant needs to revise the Photometric Plan as follows: • Satisfied. The Preliminary Engineering Plan has been revised to eliminate the conflict between drainage pipe and proposed light poles in the west end of the south parking area. • Not Satisfied. Per LDR Section 78 -182, exterior lighting shall not exceed 10.0 foot - candles. The applicant shows several areas in the parking lot that exceed 10.0 foot - candles and has requested a waiver from LDR Section 78- 182. Please note that we will continue to support the City's LDR requirements. Comments #2 through #5 are Previously Satisfied. 6. Not Satisfied. The applicant is proposing 9 -foot wide parking spaces for the Clubhouse parking lot and has requested a waiver from LDR Section 78 -344, which requires 10 -foot wide parking spaces. Please note that we will remain in support of the City's LDR requirements. Comments #7 through #15 are Previously Satisfied or Withdrawn. 16. Conditionally Satisfied. The applicant states in their narrative response dated July 8, 2002 that sufficient drainage associated with the Spine Road and Clubhouse parking areas will be provided as part of the legal access and detailed storm water management information will be provided on the construction plans. We recommend the following Development Order Condition, "Prior to issuance of the first certificate of occupancy, the surface water management system and storm drainage system necessary to support Ibf Old Palm Golf Club — Parcel F1 Page 2 of 3 hINC. LBFH File No. 02 -4243 Parcel FI will be constructed, Certified by the Engineer -of- Record, and approved by the City. " 17. Previously Satisfied. 18. Satisfied. The applicant has provided a note to the Site Plan (sheet GC -01) that specifies pavement striping, including parking space striping, will be paver bricks of appropriate color within paver brick areas. 19. Conditionally Satisfied. Prior to construction plan approval, the applicant shall show handicap ramp locations on the construction plans consistent with the approved Site Plan and provide handicap ramp details for each ramp style meeting current ADA standards to the satisfaction of the City Engineer. Please see the following ADA web sites for additional information: http://www.access-board.gov/adaagjhtmi/adaag.ht and http: / /www. access- board.gov/ publications /PROW %2OGuide/PROWGuide.htm 20. Previously Satisfied. 21. Conditionally Satisfied. The applicant is requesting to construct six handicap parking spaces and 8 standard parking spaces, east of the clubhouse, within Phase I and construct the covered parking structure within Phase H. We recommend the following Development Order Conditions: • "Prior to issuance of the certificate of occupancy for Phase I, the six handicap parking spaces east of the clubhouse shall be fully functional and shall remain fully functional during the construction of the covered parking structures in Phase II. " • "Construction of the covered parking structures in Phase II shall be limited to off - season months only (April to October). During construction, six handicap parking spaces will be provided in this area at all times, along with the required access paths /ramps and signage, all of which shall be fully functional and meet ADA requirements and standards. " • "Prior to issuance of the first building permit for Phase II, the applicant shall submit all necessary plans for the proposed covered parking structures east of the clubhouse. " 22. Satisfied. The stop bar /sign has been relocated behind the pedestrian crosswalk at the entrance to the south parking area. The applicant is requested to return a copy of our comments with the applicant's acknowledgement of each comment and the response. Compliance will expedite the subsequent review. SCD /t cc: Talal Benothman PAPBGMEM0\4243 \4243g.doc December 19, 2002 Ms. Jackie Holloman, Planner Growth Management Department City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 RE: DRC COMMENTS - PARCEL 31- OLD PALM CLUBHOUSE, FITNESS CENTER, AND CASITAS OUR REF. #99- 084.13 Dear Jackie, Comments from Sean Donahue dated December 17.2002 1. Satisfied. Satisfied. Satisfied. Urban Design Urban Planning Land Planning Landscape Architecture Communication Graphics CITY OF PALM BEACH GARDENS Not Satisfied. There appear to be conflicts between the proposed drainage and light poles in the west end of the south parking area. Theproposed drainage has been relocated on the conceptual engineeringplans not to conflict with the lightpoles There are several areas that the maximum 10.0 foot - candle requirement is exceeded within the parking area. We are reyuesling a waiver to exceedlhe maximum 10 0foo1 candle reyuiremenz. Please see our wah erjusli zcazion statement. Comments 2 -5 are Previously Satisfied. 6. Not Satisfied. The applicant is proposing 9 -foot wide parking spaces for the Clubhouse parking lot and has requested a waiver from LDR Section 78 -344, which requires 10 -foot wide parking spaces. Please note that we will remain in support of the City's LDR requirements. .Mo response reyuired. G:Vobs \Old Palm- Parcel 31\ Clubhouseandcasitas \DRCResponses.121902.wpd 2000 Palm Beach Lakes Boulevard LCC35 Suite 600 The Concourse West Palm Beach, Florida 33409 561.689.0066 561.689.0551 fax Irvine, CA 714.489.8131 Comments 7 -15 are Previously Satisfied or Withdrawn. 16. Conditionally Satisfied. 17. Previously Satisfied. 18. Conditionally Satisfied. 19. Not Satisfied. The handicap ramps need to be constructed in conformance to ADA standards. The ADA requirement specifies that the ramp shall be perpendicular to the curb tangent, as noted in the ADA web page. The URL and text for Section 3.4.2 Curb Ramp Usability Considerations, is attached for the information of the applicant. In addition, no handicap ramp detail meeting current ADA standards is included on the Site Plan. Therefore, prior to construction plan approval, the applicant shall show the handicap ramp locations on the construction plans consistent with the approved Site Plan, and shall provide a handicap ramp detail meeting current ADA standards to the satisfaction of the City Engineer. We have added a note to thesiteplan to state `Ramps areshownfor location only. Construction detailsfor all.-am ,ps will meel,404 Standards as setforth in Section 3 42 and will he shown/detailed on Constructionplans " additionally, we agree to a cored., On ofapprovalstating that `prior to constructs mplan approval, the applicant shallshow the handicap ramp locations on the cornstructionplans consistent with the approved Site Plan, andshallprovide ahandicap ramp delailmeeling currentflD,l standards to the satisfaction ofthe CuyE'ngineer " 20. Satisfied. 21. Conditionally Satisfied. 22. The stop bar /sign needs to be relocated behind the pedestrian crosswalk at the entrance to the south parking area. We have relocatedthe stop har /sign to he relocatedhehindthepedestrian crosswalk at Me entrance to the southparking area. G:\Jobs \Old Palm - Parcel 31\ Clubhouseandcasitas \DRCResponses.121902.wpd LCC35 I hope these responses, revised waiver justification and revised plans will satisfy the comments. We request to be scheduled for City Council on January 16, 2002. Should you have any questions, please feel free to contact me. Sincerely, Urban Design Studio Hank Skokowski, AICP Principal sg/br cc: Ryan Miller Brian French Steve Leonhardt G:Vobs \Old Palm -Parcel 31\ Clubhouseandcasitas \DRCResponses.121902.wpd LCC35 PROJECT NARRATIVE OLD PALM PCD CLUBHOUSE, FITNESS CENTER AND CASITAS May 1, 2002 July 8, 2002 September 13, 2002 October 17, 2002 December 19, 2002 I. REQUEST Urban Design Urban Planning Land Planning Landscape Architecture Communication Graphics This application is a request for approval of a 9.64 acre site for a Clubhouse with outdoor seating, Fitness center and Casitas on Parcel F 1 within the Old Palm Planned Community Development. The clubhouse facility will be located on 7.56 acres and will consist of 26,160 s.f. clubhouse and pro shop, 3,000 s.f. of outdoor seating associated with the clubhouse amenities, and a 3,689 s.f. fitness and spa. The site will also feature 18 Casita units associated with the Clubhouse facility. The residential portion of the site will have a density of 8.65 dwelling units per acre, which is less than the 9 dwelling units per acre allowed by the Residential Medium underlying zoning designation, as indicated on the submitted PCD Master Plan, for this portion of the site. H.BACKGROUND A. History On December 18, 2000, the applicant, WCI Communities, Inc. submitted to the City the Planned Community Development application for the Old Palm PCD (f k.a. Parcel 31). The request was for 450 luxury, single family homes integrated within a private golf course community featuring a 19 -hole golf course, clubhouse, maintenance facilities, golf services area and three practice holes. On December 14, 2001, the PCD application was amended to indicate 333 dwelling units in addition to the previously- requested accessory golf community related uses. The Old Palm PCD was approved by City Council on September 19, 2002 through the adoption of Ordinance 32, 2002. B. Land Use and Zoning The subject site is zoned PCD as of September 19, 2002 and has a Future Land Use designation of RM- Residential Medium, and is listed as Residential Medium on the Vision Plan. For a complete listing of adjacent uses, land use G:Vobs\Old Palm -Parcel 3 1 \Clubhouseandcasitas\ClubhouseNarrativeRev 121902. wpd 2000 Palm Beach Lakes Boulevard LCC35 Suite 600 The Concourse West Palm Beach, Florida 33409 561.689.0066 561.689.0551 fax Irvine, CA 714.489.8131 Project Narrative Old Palm - Clubhouse Facility October 17, 2002 Page 2 designations and zoning districts, see Table 1 below. Tables 2 and 3 examine how consistent the proposed project is with the City Code. Table 1 EXISTING ZONING AND LAND USE DESIGNATIONS EXISTING USE ZONING FUTURE LAND USE Subject Property PCD (Designated on the RM - Residential Medium Vacant submitted Master Plan as Clubhouse and Residential) North PCD (Designated on the RM - Residential Medium Vacant submitted Master Plan as Residential) South PCD RM - Residential Medium Vacant (Designated on submitted Master Plan as Golf) East PCD RM - Residential Medium Vacant (Designated on submitted Master Plan as Parkway Buffer) West PCD RM - Residential Medium Vacant/Central Boulevard (Designated on submitted Parkway Master Plan as Golf and Lake) C. Concurrency A concurrency certification request was submitted to the City on December 23, 1999. Concurrency certification was granted for the Old Palm PCD on January 24, 2002. D. Development Review Committee Our project was reviewed by the Development Review Comment on April 25, 2002. G:llobs \Old Palm - Parcel 31\ Clubhouseandcasitas\ ClubhouseNarrativeRevl21902.wpd LCC35 Project Narrative Old Palm - Clubhouse Facility October 17, 2002 Page 3 E. Procedure This application meets the criteria established for consideration as a Major site plan, and as such, is reviewed by the City Staff, the Development Review Committee and the Planning and Zoning Commission, who forward comments and recommendations to the City Council for final determination of approval, approval with conditions, or denial. III. PROJECT DETAILS A. Site Location and Existing Conditions The subject site is 9.64 acres in size and is located west of Central Boulevard and approximately 4,500+ feet north of PGA Boulevard. The site is currently vacant. B. Compliance with Land Development Regulations TABLE 2 C01YSZSFff11'CYWTTBTBf'COJII:• :CWr8ZfObSr ff1�.fICJLITY Use: Accessory Use to Code requirement Proposed Plan Consistency Golf Course - Site. Zoning Public/Institutional Clubhouse Open Space minimum of 10% 47% yes (55% overall) . Minimum Building Site 15,000 sf 7.56 acres (329,313 sf) yes Area (9.64 acres overall) MnimumLot Xdth 100 feet 474 feet East/West yes Maximum Building Lot 40% 19% yes Coverage Maximum Height Limit 55 feet 55 feet yes (requested waiver as part of PCD request) North (Side I 15 I 123 feet I yes I G:Vobs \Old Palm -Parcel 31\ Clubhouseandcasitas\ ClubhouseNarrativeRev121902.wpd LCC35 Project Narrative Old Palm - Clubhouse Facility October 17, 2002 Page 4 TABLE 2 C0 Sr ZSTFArCYWITIITBECODE• CLIlBIHOIlSE."CILITT Use: Accessory Use to Code requirement Proposed Plan Consistency Golf Course - Site 4 F_ Use: Residential - Code requirement Zoning Consistency Site Zoning- RM Public/Institutional Clubhouse 35% South (Side 15 190 feet yes Fast (Frontj 25 360 feet yes West (Rearj 15 35 feet yes Parking yes AIaximumBuildingLot 40% NumherRe.yuired Clubhouse - 88 spaces 199 spaces yes Fitness Center - 12 spaces (218 spaces overall) Outdoor Seating - 10 spaces Golf Course - 84 spaces Golf Academy - 5 spaces Total - 199 spaces S'tallDimensions 10'x 18.5' 9'x 18.5' no, waiver requested Bicycle Parking 11 11 yes Loading Spaces 2 2 yes TABLE 3' ti CDIW, I.STff' 1 YWITHTBECODS:• CASITAS 4 F_ Use: Residential - Code requirement Proposed Plan Consistency Site Zoning- RM Casitas (18 units) Open Space 35% 83% yes AlihmumBuilding Site 15,000 sf 2.08 acres (90,604 sf) yes flrea Minimum Lot Width 100 feet N/A yes AIaximumBuildingLot 40% 25% yes Coverage G:Uobs \Old Palm - Parcel 31\ Clubhouseandcasitas\ ClubhouseNarrativeRevl21902.wpd LCC35 Project Narrative Old Palm - Clubhouse Facility October 17, 2002 Page 5 TABLE 3 CONSLSTE1 ITAI ITffTffff CODE= CASITAS , Use: Residential - Site Zoning- RM Code requirement Proposed Plan Casitas (18 units) Consistency �LlaximumHeightLimit 36 feet 36 feet yes -- Casitas North (Side) 10 feet 30 feet yes South (Side 10 feet 425 feet yes Fast (Frontj 30 feet 45 feet yes West (Rear/ 20 feet 30 feet yes Parking NumherRequired Casitas - 18 spaces Guest Parking - I spaces 19 (218 overall) yes StallDimensions 10'x 18.5' 9'x 18.5' no, waiver requested C. Proposed Building The 26,160 s.f. Clubhouse and 3,689 s.f. Fitness /Spa are proposed to be constructed with a stucco finish and a concrete tile roof . The building will have a neutral color pallette. The buildings will feature such architectural treatments as columns, bandings, shutters, arches, architectural trim and terraces. The Clubhouse is designed to complement the "Palm Beach Style." This eclectic style was developed during the "Roaring Twenties" by several architects including Addison Mizner, Marion Wyeth, Maurice Fatio, Joseph Urban, Howard Major and John Volk among others. While Mizner gets the most credit for establishing this style, the intent at Old Palm is to create a building that will be distinctly "Palm Beach" and not a " Mizner" clone or an over - developed Mediterranean style. The architecture is characterized by a strong Spanish and Romanesque style with eclectic detailing from periods as Moorish, Spanish Revival, Spanish Gothic, Mediterranean revival, G:Uobs \Old Palm - Parcel 31\ Clubhouseandcasitas\ ClubhouseNarrativeRevl21902.wpd LCC35 Project Narrative Old Palm - Clubhouse Facility October 17, 2002 Page 6 Spanish Renaissance and even some Venetian and Tuscan influences. This style has been called "Romantic Eclecticism" because of the many styles represented. These many specific details will be incorporated in the clubhouse design to create the distinct Palm Beach style of architecture. Details incorporating low- hipped roofs clad with traditional barrel tile roofs at many different levels, cap the different massing of the building as it wraps around a large central courtyard and several smaller courtyards. Each Casita will have two, one - bedroom, units and are proposed to be constructed with a stucco finish and a concrete tile roof. The Casitas will have a neutral color pallette. The buildings will feature such architectural treatments as columns, bandings, shutters, arches, architectural trim and porches. D. Signage The overall PCD signage program has been submitted to the City for its review. E. Landscaping and Buffering 18,470 points of landscaping are required for the Clubhouse, Fitness Center and Casitas site based on the proposed building square footage and open space. The applicant is proposing 18,492.9 Landscaping Points for the site. The Clubhouse portion of the site will feature Royal palms lining the entrance to the Clubhouse facility, while Live Oaks will be located within the parking lot. The Casistas will feature an attractive installation of Live Oaks, palms, large shrubs and groundcovers. F. Parking The applicant is proposing to construct 218 parking spaces to service the clubhouse, fitness center, casitas, and golf course parking. The required parking for this site is 218 parking spaces. The clubhouse, fitness center and the outdoor seating associated with the clubhouse have a parking ratio of 1 space per 300 s.f., which is consistent with the clubhouse approval for the Mirasol PCD. The golf course parking follows the code requirement of 4 spaces per hole. We are providing parking for the 18 golf course holes, plus three practice holes. The 19th hole is a signature hole for the project and no parking is provided for this hole. 18 spaces are provided for the Casitas. One guest parking space for these units are also provided. G. Site Access and Circulation G:Vobs \Old Palm - Parcel 31\ Clubhouseandcasitas\ ClubhouseNarrativeRev121902.wpd LCC35 The site will be accessed by one entrance from the Old Palm PCD Spine Road. H. Drainage Drainage outfall from this site will be accomplished by drainage into inlets, out - falling into the overall Old Palm PCD drainage system. I. Legal Non - Conformities No legal non - conformities on site. I Phasing Development of the site will be in a two phases. The initial phase will consist of all of the clubhouse facilities, fitness center, 4 Casita units and all of the parking area. Phase II will consist of 14 Casitas. Additionally, the covered parking area near the clubhouse entrance will also be part of phase II. K. Environmental Compliance The proposed development is in compliance with all environmental ordinances of the City of Palm Beach Gardens. Development of this parcel is in conformance with the currently approved Master Plan. L. Waivers Section 78 -344 of the City Code - Waiver to allow 9 -foot wide parking spaces We are requesting a waiver from Section 78 -344 of the City Code to allow for 9 -foot wide parking spaces. According to City Code, requests for reduction of parking space dimensions shall comply with the following standards: • Additional open space, at a ratio of 1.5 square feet for each square foot of paved parking area that is reduced through the use of smaller parking spaces shall be provided. The additional pervious open space shall be provided as additional landscaping, pedestrian amenities, or vegetative preserve areas, and shall be calculated and identified on the project site plan. • The additional open space and landscaping or related amenities required in this subsection shall be installed within the paved portions of the parking area. The following are the calculations indicating additional open space area provided through the reduction of the parking spaces. 218 parking spaces required x 18.5 square feet (reduction of paved area per parking space) = 4,033 square feet G:Uobs \Old Palm - Parcel 31\ Clubhouseandcasitas\ ClubhouseNarrativeRev121902.wpd LCC35 FILE No.034 01/13 '03 15:42 ID:URBAN DESIGN STUDIO FAX:561 689 0551 PAGE 6/ 6 4,033 square feet of total reduced paved area x 1.5 code required ratio = 6,049.5 square feet or 0.138 acres of required additional open space. The project site plan incorporates the 0.138 acres of required additional open space by providing 5.30 acres of total open space (55 %) on the Parcel F1 site. The total amount of required open space on the site is 1.49 acres. The overall site has 3.81 acres of additional open space and pedestrian amenities within the entire site than what is required by Code. The additional 0.138 acres of open space required for the reduction of the parking space dimension is located within the parking area for the Clubhouse and Casitas. As indicated above, we are providing additional open space on the site and are therefore requesting the waiver for the 9 -foot wide parking spaces. Section 7&182.(f1.(4) of the City Code - WSlyff fgexo 10.0 foot candles in parldug lot. We are requesting a waiver from Section 78- 182.(f).(4) of the City Code to exceed 10.0 foot candles in the parking lot of the Old Palm Clubhouse. We are proposing light poles that are only 15' in height when the code permits parking lots to have light poles as tall as 25'. By reducing the height of these poles, a very limited number of "hot spots" have developed directly under the twin head light fixtures. The maximum lighting level is 14.6 foot candles. These are very limited areas located within the center of the clubhouse parking lots. From these locations, the lighting levels quickly decrease to the 1.5 to 3.2 foot candle range. It is not possible to maintain the minimum drive aisle lighting levels with 15' high fixtures without the appearance of lighting "hot spots ". The 15' light poles also will maintain the pedestrian scale we have maintained throughout the Old Palm Golf Club PCU. G:UobsU)ld Palm-Parcel 311 Clublwuscand casitas\Clubhou =NarretivcRevl21902.wpd LCOS A :q_' 1 J- . .......... FLIM ­ZONING: RL-2 T'. 9�TT -- -- - ------ !,I 7-7 Y% ni E q " Y;" il 7- Y% ni E Date Prepared: September 9, 2002 CITY OF PALM BEACH GARDENS, FLORIDA ORDINANCE 32, 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A REZONING FROM PLANNED DEVELOPMENT AREA TO PLANNED COMMUNITY DISTRICT OVERLAY WITH AN UNDERLYING ZONING OF RESIDENTIAL LOW DENSITY AND MASTER PLAN OF THE OLD PALM GOLF CLUB PLANNED COMMUNITY DEVELOPMENT WITH 333 SINGLE FAMILY RESIDENTIAL UNITS, GOLF COURSE, CLUBHOUSE, SALES CENTER, MAINTENANCE FACILITIES, GOLF ACADEMY, AND THREE PRACTICE HOLES ON APPROXIMATELY 651 ACRES GENERALLY LOCATED AT THE NORTHWEST CORNER OF PGA BLVD. AND CENTRAL BLVD.; PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City received petition PCD -00 -03 from Urban Design Studio, agent, for a rezoning from Planned Development Area to Planned Community District Overlay with an underlying zoning of Residential Low Density and master plan approval of the Old Palm Golf Club Planned Community Development with 333 single family residential units, golf course, clubhouse, sales center, maintenance facilities, golf academy, and three practice holes on an approximately 651 -acre parcel generally located at the northwest corner of PGA Blvd. and Central Blvd. as more particularly described in Exhibit A attached hereto and incorporated herein; and WHEREAS, the subject site is zoned Planned Development Area and has a land -use designations of Residential Medium and Residential High; and WHEREAS, the Growth Management Department reviewed said petition and determined that it is sufficient and consistent with the City's Land Development Regulations and the Comprehensive Plan; and WHEREAS, the Planning and Zoning Commission held a public hearing on July 23, 2002, and recommended approval of the rezoning and the master plan of development for the proposed Old Palm Golf Club Planned Community Development; and WHEREAS, the City Council has determined the adoption of this Ordinance to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: Date Prepared: September 9, 2002 SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2: The City Council of the City of Palm Beach Gardens, Florida hereby approves the rezoning from Planned Development Area to Planned Community District Overlay with an underlying zoning of Residential Low and master plan of the Old Palm Golf Club Planned Community Development with 333 single family residential units, golf course, clubhouse, sales center, maintenance facilities, golf academy, and three practice holes on an approximately 651 -acre parcel generally located at the northwest corner of PGA Blvd. and Central Blvd., as more particularly described in Exhibit "A." SECTION 3: The City Council of the City of Palm Beach Gardens, Florida hereby approves the following five waivers: 1. A waiver from Section 78- 231(f) of the City's Land Development Regulations to allow averaging of the Parkway Buffer along PGA Blvd. City Codes requires a minimum of 185 feet; and 2. A waiver from Section 78 -46(f) of the City's Land Development Regulations to allow later submittal of master sign plan. City Code requires concurrent submittal with master plan of development; and 3. A waiver from Section 78- 186(8) of the City's Land Development Regulations to allow a ten -foot wall along the Turnpike and I -95, and eight -foot walls along PGA Boulevard, Central Boulevard, and the northern boundary of the PCD. City Code requires a maximum height of six feet; and 4. A waiver from Section 78 -506 of the City's Land Development Regulations to allow one sidewalk along the internal loop roads within the PCD. City Code requires two sidewalks on each side of the street; and 5. A waiver from Section 78 -498 of the City's Land Development Regulations to allow a right - of -way width of 62 -70 feet on internal collector roads within the PCD. City Code requires a minimum of 80 feet for a collector.. SECTION 4: Said Planned Unit Development is approved subject to the following conditions, which shall be the responsibility of the applicant, its successors or assigns: ENVIRONMENT AND LANDSCAPING The applicant, successors, or assigns shall be responsible for the landscape, irrigation, installation and maintenance of the road shoulders of those sections of public rights -of -way contiguous and/or adjacent to the Old Palm Planned Community Development (PCD), including: a. Northern shoulder of PGA Blvd. from the Ronald Regan Turnpike to Central Blvd. (to be incorporated into the "Parkway" design requirements), as permitted by Florida Department of Transportation and/or the County. The petitioner shall also replace the existing City irrigation system with a PCD irrigation system; 2 Date Prepared: September 9, 2002 b. Eastern shoulder of Central Blvd. from I -95 south (to be incorporated into the "Parkway" design requirements), to the southern terminus of petitioner's property, as permitted by Palm Beach County and/or the Florida Department of Transportation; and c. Western shoulder of Central Blvd. from I -95 south to PGA Blvd. (to be incorporated into the "Parkway" design requirements), as permitted by Palm Beach County and/or the Florida Department of Transportation (City Forester). 2. The applicant, successors, or assigns shall be responsible for the landscape installation of the medians (including irrigation) of those sections of public rights -of -way contiguous to the Old Palm Planned Community Development (PCD), including: a. PGA Blvd. from the Ronald Reagan Turnpike approximately 500 feet towards Central Blvd. as permitted by the Florida Department of Transportation; and b. Central Blvd. from I -95 to PGA Blvd., as permitted by Palm Beach County, excluding the medians previously installed by the Bent Tree PUD (City Forester). 3. The applicant, successors, or assigns shall be responsible for the landscape maintenance of the medians (including irrigation) of those sections of public rights -of -way adjacent and/or contiguous to the Old Palm Planned Community Development (PCD), including: a. PGA Blvd. from the Ronald Reagan Turnpike to Central Blvd. (Petitioner shall provide a pro -rata share in the cost of the maintenance with the BallenIsles PCD); and b. Central Blvd. from I -95 to PGA Blvd. (Petitioner shall provide a pro-rata share in the cost of the maintenance with the Bent Tree PUD) (City Forester). 4. The applicant shall install the landscaping and irrigation for the medians and roadway shoulders adjacent to the property, as described in Conditions 1 and 2 above, within six (6) months of issuance of the clearing permit, or no further permits or inspections will be issued for the project site until said landscaping and irrigation are completed. This condition shall not apply to the road shoulder and medians affected by the raising of Central Blvd. The landscaping and irrigation shall be installed simultaneously with the raising of Central Blvd (City Forester). 5. Prior to the issuance of the first certificate of occupancy, the applicant shall provide surety, in an amount equal to 110% of the cost of the landscape improvements described above in an escrow account established by the applicant to be used by its successors or assigns to complete the project. In the event the City of Palm Beach Gardens, or another entity, forms a special district pertaining to the landscape maintenance of contiguous rights -of -way, then the Old Palmproperty owners association, successors or assigns shall automatically become amember of such special district. This condition may be amended at any time by a separate agreement between the applicant and the City of Palm Beach Gardens (Planning and Zoning). 6. 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. Date Prepared: September 9, 2002 Applicant's landscape architect and/or environmental consultant shall monitor protection of the preserve and buffer areas during land alteration/construction activities (City Forester, City Environmental Consultant). 7. 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), 8. 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 Section 78- 250(a)(4)e of the City's Code of Ordinances and the approved Preservation/Relocation Plan are protected (City Forester, City Environmental Consultant). 9. Detailed road right -of -way and landscape plans for all interior PCD collector roads 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). 10. Within six (6) 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 Plans (Planning and Zoning). 11. The petitioner shall maintain the landscaping along both sides of the wall along the northern boundary of the PCD and Westwood Gardens PUD (City Forester). 12. The petitioner shall completely screen the wall long PGA Blvd. from view from the right -of- way. The wall along Central Blvd. shall also be completely screened from view from the right -of -way three years after buffer landscape planting (Planning and Zoning). 13. 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). 14. The PCD buffer along PGA Blvd.(from the Turnpike to Central Blvd.) and along Central Blvd.(from PGA Blvd. to 117`h Court), shall be installed within 6 months of issuance of the first clearing permit. PCD buffer installation for the balance of Central Blvd, the PCD buffer for the property east of Central Blvd., and Buffer Section B (along Westwood Gardens), shall be installed within 12 months of issuance of the first clearing permit. All other buffers shall be installed within 18 months of issuance of the first clearing permit. The buffer installation schedule shall be in accordance with Exhibit "C" attached hereto. A one -time six -month extension to complete buffer and right -of -way improvements may be granted by the Growth Management Director upon review of sufficient justification (City Forester). 4 Date Prepared: September 9, 2002 15. The petitioner shall provide the City with and install a City entry sign on Central Blvd. by the I -95 interchange. The sign shall be installed within twelve (12) months of completion of the 1 -95 interchange. Should the I -95 interchange is not built within the next five years from the effective date of this development order, the petitioner shall provide said sign at another location determined by the City (Planning and Zoning). 16. Prior to the platting of the preserve areas, submitted to the City for review and al Environmental Consultant (City Forester). an upland preserve maintenance plan shall be proval by the City Engineer and the City's 17. Seacoast Utility Authority well locations and configurations, within the PCD buffer system, shall be restricted to those shown on the PCD Master Plan. Any revisions thereto shall be subject to Growth Management Department review and approval (Planning and Zoning). ENGINEERING AND INFRASTRUCTURE 18. 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 applicant shall obtain County approval for parcel access points onto Palm Beach County roadways (City Engineer). 19. If site plan approval has not been obtained and the applicant desires to clear and rough fill a pod during the construction of the lakes, the applicant shall obtain a clearing permit from the Growth Management Department prior to performing said work (City Engineer). 20. All land areas within the project shall have completed the recordation of plats, and the installation of on -site and off -site infrastructure and common landscaping prior to December 31, 2005 (City Engineer). 21. Prior to the issuance of the first residential building permit for each Pod, with the exception of the models, the City shall accept the Substantial Completion of the Spine Road adjacent to and providing access to said Pod as approved by the City Engineer. Substantial Completion for the Spine Road is defined as follows: installation of the first lift of asphalt and a complete and operable drainage system. The installation of landscaping, sidewalks, or lighting fixtures is not required for Substantial Completion (City Engineer). 22. Prior to the issuance of the first certificate of occupancy for each Pod, with the exception of the models, the supporting public infrastructure of said Pod shall be constructed by the applicant 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: installation of the first lift of asphalt and a complete and operable drainage system. The installation of landscaping, sidewalks or lighting fixtures is not required for Substantial Completion (City Engineer). 5 Date Prepared: September 9, 2002 23. Prior to the issuance of the first building permit for any structure, the applicant shall provide surety, acceptable to the City, for the construction of the public improvements for the Spine Road (from PGA Blvd. to Parcels A and B). 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 business day of July of each year (City Engineer). 24. The applicant shall be permitted to offer up to 55 non - resident golf club memberships with this PCD approval to off set the reduction in the number of homes proposed (320) and the number of homes approved with the concurrency approval (333). The petitioner, successors, or assigns shall on January first of each year submit an affidavit in recordable form to the Growth Management Department Director confirming that the number of non - residential golf club memberships is within or at the maximum number allowed by this development order (City Attorney). 25. Prior to the issuance of the final residential Certificate of Occupancy for this project, the Spine Road and all of the internal roadways shall be fully constructed by the applicant and approved by the City of Palm Beach Gardens (City Engineer). 26. Prior to the first residential Certificate of Occupancy for each Pod, the applicant shall install the landscaping for the Spine Road adjacent to and providing access to said Pod to the satisfaction of the City Forester (City Engineer). 27. Prior to the issuance of the Certificate of Occupancy for any building within the Clubhouse parcel, the applicant shall plat and construct the Spine Road to a point of completion, less the final lift of asphalt. The installation of landscaping, sidewalks, and lighting shall be operational along one side of the Spine Road to accommodate safe pedestrian access to the Clubhouse. Temporary crosswalks shall be provided across the Spine Road from each Pod entry to said sidewalk (City Engineer). 28. No construction or land alteration of any portion of the surface water management system shall be undertaken until an environmental resource permit for construction and operation of the Surface Water Management System, or portion thereof, is issued by the South Florida Water Management District and approved by the City (City Engineer). 29. The applicant shall copy to the City all correspondence to and from the South Florida Water Management District regarding the Surface Water Management System (City Engineer). 30. The applicant shall comply with all Federal Environmental Protection Agency (EPA) and State of Florida Department of Environmental Protection NPDES permit requirements, including but not limited to, preparation of a stormwater pollution prevention plan and identification of appropriate Best Management Practices (BMP) for construction activities, submission of a Notice of Intent to EPA or their designee, implementation of the approved plan, inspection and maintenance of controls during construction, and submission of a stormwater Notice of Termination (City Engineer). 6 Date Prepared: September 9, 2002 31. The construction, operation and/or maintenance of any elements of the subject project shall not have any negative impacts on the existing drainage of surrounding areas including but not limited to the Ronald Reagan Turnpike, Central Boulevard, PGA Boulevard, Westwood Gardens/Westwood Lakes, etc. If, at any time during the project development, it is determined by the City that any of the surrounding areas are experiencing negative drainage impacts caused by the project, it shall be the applicant's responsibility to cure said impacts in a period of time and a manner acceptable to the City prior to additional construction activities (City Engineer). 32. Prior to the issuance of any permits for construction of residential homes and golf club facilities, a contract shall be let and a notice to proceed shall be issued by the applicant for the construction of that portion of the surface water management system such that legal positive drainage, required levels of service, and performance standards for flood protection in accordance with the City's codes and ordinances are achieved so that in the event the project is temporarily or permanently discontinued, the partially constructed system will meet all required surface water management system levels of service and performance standards. No Certificates of Occupancy will be issued until the approved phased portion of the surface water management system has been completed, certified by the engineer of record, and determined acceptable by the City Engineer and Northern Palm Beach County Improvement District (City Engineer). 33. All areas designated for maintenance of the Surface Water Management System shall be no less than 20 -feet wide (minimum) with graded slopes no steeper than 8: 1(horizontal:vertical). No construction or landscaping shall be permitted in the maintenance areas in a manner that will in any way restrict, impede or otherwise limit the use of these areas for this intended purpose (City Engineer). 34. The applicant and/or Northern Palm Beach County Improvement District ( NPBCID) shall furnish and install continuous lake stage recorders including telemetry equipment meeting NPBCID guidelines. In addition, the stage recorders and telemetry equipment shall be configured such that the City shall have the capability to monitor lake stages. Installation shall be concurrent with the acceptance of the Surface Water Management System by NPBCID for all or any portion of the system. The locations and number of the stage recorders shall be in accordance with a monitoring plan mutually acceptable to the City and NPBCID (City Engineer). 35. The Surface Water Management System shall be continue to be analyzed and designed using a dynamic analysis acceptable to the City, accounting for piping systems, and flood routing in order to establish minimum road, berm and finished floor elevations. These elevations shall be documented in tabular form including sub -basin number and master plan parcel identification on the drainage plans approved by the City (City Engineer). 36. Upon PCD approval, the applicant may apply for an excavation and fill permit, which is subject to review and approval by the Growth Management Department (City Engineer). 7 Date Prepared: September 9, 2002 37. Within six (6) months of the issuance of the Development Order and before the first residential building permit (excluding models) is issued, the applicant shall enter into a Public Facilities Agreement (PFA) with Palm Beach County for funding of all roadway improvements in a form acceptable to the County Engineer for all improvements that are not assured construction (City Engineer). 38. The applicant shall use best efforts to construct the off -site berms as required by the SFWMD Conceptual Permit for NPBCID's Unit No. 2 on the lands that are owned by the applicant located along Central Boulevard and Military Trail, south of Hood Road and north of I -95. The berm construction shall be complete within eight months of the issuance of the building permit to construct by all the applicable government agencies (City Engineer). 39. Prior to issuance of the first building permit, with the exception of the models and maintenance facility, or within six months of the effective date of the development order, whichever occurs first, the applicant shall install the meandering sidewalk/berm as required by the Environmental Resources Permit issued by the South Florida Water Management District for Northern Palm Beach County Improvement District's Unit of Development No. 2 along the existing, adjacent rights -of -way (City Forester and City Engineer). 40. The sales center shall be a temporary facility for such purpose until the last residential building permit is issued by the City, after which the facility shall become an administrative office to be used strictly for internal PCD purposes (Planning and Zoning). TRAFFIC 41. This development order shall expire on December 31, 2005, which is the build -out date specified in the Concurrency Certificate issued for the PCD (Planning and Zoning). 42. Prior to the issuance of the first Certificate of Occupancy or as otherwise determined by the City Engineer, the applicant shall construct the following: a. A right -turn ingress lane at the driveway along PGA Boulevard (westbound into the project entrance); b. A right -turn ingress lane at the driveway along Central Boulevard (southbound into the project entrance); c. A left -turn ingress lane at the access driveway along PGA Boulevard (eastbound into the project entrance); and d. A left -turn ingress lane at the access driveway along Central Boulevard (northbound into the project entrance) (City Engineer). 43. The City shall not issue building permits for more than 116 residential units until construction begins for one additional westbound through lane on PGA Boulevard from the Ronald Reagan Turnpike to Central Boulevard, or upon adoption ofproper CRALLS designation for this link, in excess of 50,421 ADT (City Engineer). 44. The City shall not issue building permits for more than 120 residential units (impact beyond U. Date Prepared: September 9, 2002 1 % of the LOS D capacity at PGA Boulevard, between I -95 and Military Trial, where traffic diversions due to planned Kyoto Garden Drive Extension were used) until construction begins for the Kyoto Garden Drive roadway extension (City Engineer). 45. The City shall not issue building permits for more than 124 residential units, until construction begins for widening of PGA Boulevard from two (2) lanes to four (4) lanes, between the Ronald Reagan Turnpike and Avenue of the Champions. This is an assured improvement for which surety has been posted (City Engineer). 46. The City shall not issue building permits for more than 149 residential units until construction begins for widening of Hood Road from two (2) lanes to four (4) lanes, between Military Trail and Alt. AlA (City Engineer). 47. The City shall not issue building permits for more than 188 residential units until construction begins for one (1) additional westbound lane on PGA Boulevard from I -95 to Military Trail, or upon adoption of proper CRALLS designation for this link, in excess of 5 8,8 10 ADT (City Engineer). 48. The City shall not issue building permits for more than 229 residential units until the adoption of CRALLS designation of 1,800 vph as the critical sum, or construction begins for the following improvements at the intersection of PGA Boulevard/Military Trail: a. Add one (1) additional through lane on both westbound and eastbound approaches, and add one (1) exclusive right -turn lane on the southbound approach (City Engineer). 49. The City shall not issue building permits for more then 237 residential units until construction begins for the following improvements at the intersection of PGA Boulevard/the Ronald Reagan Turnpike: a. Reconfigure the southbound approach to provide two (2) exclusive left -turn lanes, and one (1) shared through/left -turn lane; and b. Use the existing unused pavement to add one (1) exclusive right -turn lane on the southbound approach (City Engineer). 50. The City shall not issue building permits for more than 257 residential units until construction begins for the following improvements at the intersection of PGA Boulevard/Avenue of the Champions: a. Reconfigure the westbound approach to provide one (1) left -turn lane, one (1) through lane, and one (1) shared through/right -turn lane; and b. Provide an additional eastbound through lane (City Engineer). 51. The additional right -of -way for the I -95 /Central Boulevard interchange, as shown on the attached plan (Exhibit B), shall be shown on the plat as road right -of -way and dedicated to Palm Beach County (Planning and Zoning). VC Date Prepared: September 9, 2002 52. The developer shall, prior to the first building permit, convey to Palm Beach County by road right -of -way warranty deed the additional right -of -way for the I -95 /Central Boulevard interchange, shown on the plat, free of all encumbrances and encroachments (Planning and Zoning and Engineering). 53. The petitioner shall disclose the future location of the I -95 /Central Boulevard interchange in the contract purchase documents to potential customers interested in purchasing properties within the Old Palm PCD. Such disclosure language shall be reviewed and approved by the City Attorney prior to the issuance of the first residential building permit. The petitioner shall also post a sign of minimum size of two (2) feet by four (4) feet at the sales center at a location visible to potential homebuyers immediately within the lobby area of the sales center disclosing the potential location of the I -95 /Central Boulevard interchange (Planning and Zoning and City Attorney). 54. Prior to recording the master property owner's association documents in the public records and no later than the first residential sale, the petitioner shall provide such documents, which shall include discloser language regarding the location of the I -95 /Central Blvd. interchange, to the City Attorney for review and approval (City Attorney). 55. During the period of effectiveness of this development order, the petitioner shall annually provide the City with a status report on all the approved element of the PCD, including a summary of completed construction and schedule of proposed construction over the remaining life of the development order (Planning and Zoning). CONSTRUCTION 56. Prior to issuance of any building permits within the PCD, the applicant shall revise the master plan to indicate a temporary construction staging area located on the northern portion of Parcel D, adjacent to the proposed temporary construction entrance. At no time shall staging of construction vehicles and/or service vehicles occur within a public right -of -way. (Planning and Zoning) 57. Prior to the issuance of any building permits within the PCD, the applicant shall revise the master plan to indicate an additional temporary construction entrance off Central Boulevard immediately north of PGA Boulevard. Said entrance maybe open for six months after the. issuance of the first clearing permit within the PCD. The applicant may request one administrative time extension with the additional time period to be determined by the Growth Management Director. (Planning and Zoning) SCTION 5: The Planned Community Development shall be in compliance with the following plans on file with the City's Growth Management Department: 1. Master Plan, Urban Design Sutdio, Sheet MP -01 - MP -04, revised on August 21, 2002; 2. Buffer Set Sheet Index, Urban Design Studio, Sheets L-00 - L-10, received on July 15,2002; 10 Date Prepared: September 9, 2002 3. Central Avenue Median Planting, Urban Design Studio, Sheets MPP -0 1- MPP -03, revised on March 15, 2002; 4. Central Blvd. and I -95 Conceptual Interchange, PBC Eng. and Public Works, Wantman Group Inc. received on June 21, 2002; 5. Main Entrance Site Plan, Wilson Miller & Urban Design Studio, ME -01- ME -04, revised on March 15, 2002; 6. PGA Blvd. Gatehouse, WCI Architecture and Land Planning, Sheets lof 3 and 2 of 3, dated December 9, 2001; 7. 2nd Entrance Site Plan, Wilson Miller & Urban Design Studio. SE -01- 5E -04_ revised nn March 15, 2002; 8. Central Blvd. Gatehouse, WCI Architecture and Land Planning, Sheets 1 of 3 and 2 of 3, dated December 9, 2001; 9. Old Palm Golf Club Rest Shelters, Williams Zmistiwski Associates, Cover Sheet revised December 4, 2001 and Sheet 1 revised January 24, 2002; 10. Preliminary Engineering Master Plan, Gee & Jenson, Sheet 01, dated August 21, 2002 and Sheets 02 - 04, dated October 8, 2001; 11. Old Palm PCD Bus Shelter, Urban Design Studio, One Sheet, dated August 15, 2002; and 12. Buffer Installation Schedule, Urban Design Studio, One Sheet, dated August 19, 2002. SECTION 6: All Ordinances or Parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 7: If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance than can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable. SECTION 8: This Ordinance shall become effective immediately upon adoption. PASSED, FIRST READING PASSED, SECOND READING PASSED, ADOPTED AND APPROVED SIGNED: this y""` day of ,x4111 &dam, 2002. this //1021 day of 5011�,00k , , 2002. this 40,x' day of ,r/,�e66qAge_ 2002. 11 VICE WYMBABATELLO ATTEST: Jt VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO Date Prepared: September 9, 2002 I HEREBY CERTIFY that I have approved this ORDINANCE as to form. LEONARD RUBIN CITY ATTORNEY AYE NAY ABSENT 12 �c a C> u O a a Q a O w w ti~ W ti LPA Ali pW if o " 6 ga <` O I to Lu B' gsR ea���x�$�e sg add otg _ _VV" ; w w w LLJ s � s oo T LO a • • • .. •_ ia, r .�- '�� . .. ' ♦ ���' � � Fps J y r y1 i y w l ygQg B Y °mss w • i' 6�a� ! 1 SM A.49SUt1 F[YL iNYL61N � /'�' SS Ob ZII•tl Z401N•Vp BAVI l d • `� -�� _ MASA WN•Ip 1�1 17DI•C,O</3 _ NLYO -U It'0/1•tl Lu N U L I p W WKJ~ N�7 �__. Lj p m F ... J N w w .� S. - . _._ —_ —.. 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IlL 5� e W G U O m U F W sp3i AMU, s � i Iag�'M III � . cq w d z _O Q W W W O H W a w w U O � 1 L 4,- _O w w F-� z 0 H Q w W w O Q w w F Z W 0. � v J fv' W w F 'G. W G U O m U F W *Ed 004 (410) w a O L7, d a A a O CA Alit d U F z wW a a U ° w a G E I.. O °1 a LO O h t j I I � I 0 O O i 0 0 O F z P7 w �D �9 a a U a w � O n dd_ a ' S W d A R, N 6 A F a.. a U F z mw as U 0 a w > ? viry61 =: z a- aQ a a La F a .. a U i if i e @ r s� y a a s� MV F z mw as U 0 a w > ? viry61 =: z a- aQ a a La F a .. a U i if i 16� - r IN 100"M cl r7_71 %.'' 6 as U 0 (Dj 0 %.'' 6 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: January 15, 2003 Meeting Date: February 6, 2003 Resolution 25, 2003 Subject / Agenda Item: Resolution 25, 2003: PGA Commons Parcel 3 — Art in Public Places Consideration of approval: A request by Joel Channing, developer of the PGA Commons Planned Unit Development Parcel 3, for approval of the proposed Art in Public Places for Parcel 3. PGA Commons Parcel 3 is a 12.266 -acre site approved for the development of a Residential Mixed -Use Planned Unit Development (PUD) located on the south side of PGA Boulevard, east of the intersection of PGA Boulevard and Hickory Drive. [X ] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: FINANCE: NA LDRC Commission Growth Management: Action: Principal Planner Talal.Benothman, AICE Project grov— 4 Costs: $ Total [ ] Approved A w/ conditions [ ] PP• City Attorney Manager [ ] Denied Len Rubin Kara Irwin $ [ ] Rec. approval Senior Planner Current FY [ ] Rec. app. w/ conds. Develo fiance p ent tg_ [ ] Rec. Denial brah_aren K. Wolfs, AICP Funding Source: [ ] Continued to: [ ] Operating [ ] Other SS bmitte by: Advertised: Attachments: Gro a a etn}ept Date: • Resolution 25, 2003 Direct r V(�(,ti . Art Budget Charles K. Wu, AICP Paper: Budget Acct. #: Breakdown . Artist Resume [X] Not Required • Proposed Art • Site Plan Approved by• City Manag r Q • Parcel 1 Approval Affected parties: Ronald M. Fe s [ ] Notified [X] Not Required [ ] None Meeting Date: February 6, 2003 Date Prepared: January 15, 2003 Resolution 25, 2003 Page 2 of 2 BACKGROUND On February 11, 1999, City Council approved the construction of 21 town homes, 22,609 square feet of general office, 5,420 square feet of medical office, 32,861 square feet of general retail, 8,200 square feet of indoor restaurant, and 3,360 square feet of outdoor restaurant use with 32 apartments located above the commercial uses through the adoption of Ordinance 9, 1999. The site is located on the south side of PGA Boulevard, east of its intersection with Hickory Drive. Per Section 78 -262 of the Land Development Regulations, "Fee imposed on development," all budgets for new construction of private and public developments shall include 1% of the total budgets as a fee for art in public places. The subject fee shall be used by the developer for the provision of artwork on the project site, or the developer may choose to contribute 1% of the total building construction costs directly to the City for inclusion in the City's art account. The construction cost for eight (8) of the twelve (12) commercial buildings is estimated at $5,152,000. Under the provisions of the Art in Public Places Ordinance, the petitioner.is required to pay $51,520 (1 % of the total budgets) for art for the project. The applicant has indicated that the cost of the proposed sculpture would be $66,640 (please see attached). The cost of the art does not include the three existing poles, which have already been credited to the owner for Parcel 1. ART IN PUBLIC PLACES The petitioner is proposing an extension of the previously approved Art in Public Places from Phase I by artist, Mark Fuller (please see attached resume). The applicant is proposing to relocate two of the existing kinetic pieces on 8' stainless steel poles in Phase I to two new locations on Phase 3. The applicant will also install six new kinetic pieces on six -foot (6') poles, two adjacent to each eight - foot (8') pole in the Phase 1 and Phase 3 locations. The kinetic sculptures will be located adjacent to PGA Boulevard (see attached). Currently, the three (3) existing kinetic pieces on the eight -foot (8') stainless steel poles (19 feet overall height) located on Parcel l that are colliding in the wind, which causes the pieces to get stuck together and scratched. The artist has proposed to separate the existing poles to three separate locations. At each location, the artist is proposing to add two new - paired units that will freely rotate by wind currents with the existing pole. The new units will not impact each other in their movements. ART ADVISORY COMMITTEE On January 6, 2003, the Art Advisory Committee reviewed the proposed art for PGA Commons Parcel 3 and recommended approval (3 -0). Date Prepared: January 15, 2003 CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 25, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF THE ART IN PUBLIC PLACES PROPOSAL FOR PGA COMMONS PARCEL 3, LOCATED ON THE SOUTH SIDE OF PGA BOULEVARD, EAST OF ITS INTERSECTION WITH HICKORY DRIVE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Joel Charming submitted an application (MISC- 02 -34) seeking the approval of the proposed art for the PGA Commons Parcel 3, located on the south side of PGA Boulevard, east of its intersection with Hickory Drive, as more particularly described in Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the City Council approved the construction of 21 townhomes, 22,609 square feet of general office, 5,420 square feet of medical office, 32,861 square feet of general retail, 8,200 square feet of indoor restaurant, and 3,360 square feet of outdoor restaurant use with 32 apartments located above the commercial uses through the adoption of Ordinance 9, 1999; and WHEREAS, the site is currently zoned Residential Mixed -Use (MXD) with a Planned Unit Development (PUD) Overlay, and a future land -use designation of Mixed -Use (MXD); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient and consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, on January 6, 2003, the Art Advisory Committee reviewed said application and recommended approval to the City Council; and WHEREAS, the Growth Management Department has recommended approval of the application; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. Resolution 25, 2003 Date Prepared: January 15, 2003 Page 2 of 4 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution.. SECTION 2. The City Council hereby approves the proposed art for the PGA Commons Planned Unit Development (PUD) Parcel 3. Said approval shall be consistent with plans on file with the City's Growth Management Department as follows: 1. Sculpture Elevations (Front and Side Views), MT Fuller, December 2, 2002, 2 pages. 2. Master Site Plan (Locations of Sculpture) 3. Location Plan (Group 1), MT Fuller, December 2, 2002, 1 pages 4. Assembly Sheets, MT Fuller, December 2, 2002, 4 pages 5. Production Quote, MT Fuller, December 2, 2002, 1 page. SECTION 3. Said approval shall comply with the following conditions, which shall be binding on the applicant, its successors and assigns: 1. The applicant shall be responsible for maintenance of the approved art in public places. (Art Advisory Committee) 2. The applicant shall provide an unobstructed view from the adjacent rights -of -way of the art in public places at all times, on the subject site. (Art Advisory Committee) SECTION 4. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5. 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 6. This Resolution shall be effective upon adoption. Resolution 25, 2003 Date Prepared: January 15, 2003 Page 3 of 4 PASSED, ADOPTED AND APPROVED this day of , 2003. ATTEST: PATRICIA SNIDER, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUBIN CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO MAYOR JABLIN AYE NAY ABSENT Resolution 25, 2003 Date Prepared: January 15, 2003 Page 4 of 4 EXHIBIT A A PARCEL OF LAND SITUATE IN SECTION(S) 11 AND 12, TOWNSHIP 42 SOUTH, RANGE 42 EAST; WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL THAT PORTION OF THE NORTHWEST QUARTER (NW 1/4) OF SAID SECTION 12, LYING NORTHERLY OF THE SOUTH LINE OF THE "NOT INCLUDED" PARCEL SHOWN ON PLAT NO. 1, P.G.A. NATIONAL GOLF CLUB ESTATES, AS RECORDED IN PLAT BOOK 27, AT PAGE 207, PUBLIC RECORDS OF PALM BEACH COUNTY AND LYING WESTERLY OF THAT PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 3615, AT PAGE 1717, PUBLIC RECORDS OF PALM BEACH COUNTY. LESS AND EXCEPTING THEREFORE THE RIGHT OF WAY OF P.G.A. BOULEVARD. THAT PART OF THE FOLLOWING DESCRIBED PORTION OF SAID SECTION 11 LYING EASTERLY O F THAT CERTAIN RIGHT OF WAY FOR HICKORY DRIVE AS DESCRIBED IN OFFICIAL RECORD BOOK 8741, PAGE 1495, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 11, THENCE SOUTH 000 39' 17" WEST, ALONG THE EAST LINE OF SAID SECTION 11, A DISTANCE OF 60.00 FEET TO THE SOUTH RIGHT OF WAY LINE OF P.G.A. BOULEVARD AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE SOUTH 000 39'17" WEST, CONTINUING ALONG SAM EAST LINE, A DISTANCE OF 1,065.29 FEET; THENCE NORTH 890 19'53" WEST, A DISTANCE OF 125.30 FEET TO THE EAST LINE OF WOODLAND LAKES AS DESCRIBED IN OFFICIAL RECORD BOOK 2608, PAGE 653 THROUGH 665, INCLUSIVE, PUBLIC RECORDS OF PALM BEACH COUNTY; THENCE NORTH 00° 39'17" EAST, ALONG SAID EAST LINE, A DISTANCE OF 287.46 FEET; THENCE NORTH 39° 34' 32" WEST, A DISTANCE OF 399.50 FEET; THENCE SOUTH 790 11' 52" WEST, A DISTANCE OF 347.59 FEET; THENCE NORTH 00° 45' 28" EAST, A DISTANCE OF 534.40 FEET TO SAID SOUTH RIGHT OF WAY LINE OF P.G.A. BOULEVARD; THENCE SOUTH 89° 14' 32" EAST, ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 722.72 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. LESS AND EXCEPTING THEREFROM THAT PARCEL DESCRIBED IN OFFICIAL RECORD BOOK 3547, AT PAGE 1, PUBLIC RECORDS OF PALM BEACH COUNTY. CONTAINING IN ALL, 12.266 ACRES, MORE OR LESS. a._ PGA COMMONS TM December 3, 2002 Ms. Kara Irwin City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 Re: PGA Commons Parcel 3 Art In Public Places Dear Kara: The enclosed drawings show the design and location for the next two sculpture installations in the Commons. We currently have three kinetic pieces on 8" stainless steel poles in Parcel 1( "Group 1 "). Our plan is to relocate two of the three 8" poles from Parcel 1 to each of these two new locations ( "Group 2" and "Group 3 ") and to have sic new kinetic pieces on 6" poles installed (two each in Group 1, Group 2 and Group 3) so as to create the three new groups enclosed herein. This will be done in two steps coinciding with the completion of Buildings 3 -7 and 3-12. The cost of all the above is as follows: Sculpture $53,040 Structural Engineer 400 Foundation 6,000 Crane 2,400 Lighting same as Parcel 1 4,800 TOTAL $66,640 We cun-ently have $11,521 escrowed for Art In Public Places in conjunction with Building 3 -8/9 and our escrows for Buildings 3 -1/2, 3-4/5 and 3 -11/12 will probably be about $40,000. Yours truly, P COM ONS LLC oe ing ana ing Member Enclosures C1Stacey1JBCU a Irwin 120202 table in ndMe.dm 5520 PGA Boulevard, Suite 200, Palm Beach Gardens, Florida 33418 tel: 561.630.8630 fax: 561.630.8631 e -mail: channingcorporation.com . Via Internet to: 14 MTFULLER Mr. Joel Channing FUNCTIONAL ARTS Channing Corporation 5520 PGA Boulevard, Suite 200 809 North Uirie Highway Palm Beach Gardens, FL 33418 West Palm Beach, FL 33401 fax 561.630.8631 C 561.659.'29'33 studio f mt(uller @earthlink.net Our Ref. # 112802 Production Quote: Kinetic Art Poles - 3 sets Dear Joel; joel @channingcorporation.com stacey@channingcorporation.com 2 December 2002 The Commons at PGA The following proposal outline is based on our discussions of your needs and the attached drawings and description as follows: Scope Of Work Provide all necessary workmanship and materials for complete fabrication of six (6) free standing kinetic art poles approximately 19 feet in height overall each. Poles consist of 3 paired units of 3 coordinated color schemes based on the 3 schemes of the existing poles. Outer base pole approximately 6" diameter stainless steel with welded upper spindle approximately 4" diameter; base mounting plate and mounting hole pattern to match existing pole detail. Upper section to be approximately 6" diameter stainless steel tube with welded / mechanical fastened design elements (3/4/3 flag layers per group) mounted perpendicular extensions; MAP acrylic polyurethane painted finish (2 color first surface, 2 color second surface) color to be determined. UHMW friction plate in upper section with stainless steel pivot ball; UHMW alignment collar at bottom end of upper section; similar to existing fabrication methods. A- Remove two (2) existing sculpture units and replace each with one (1) pole of above new paired units. B - Install one (1) of the removed above existing units and two (2) of above new paired units to new location on provided level slab. MTFuller to provide drive anchor or J -bolt placement on slab. C - Provide storage for up to 6 months of one (1) remaining existing removed unit and two (2) of above new paired units. Charges for installation at location #3 to be additional and is not a part of this proposal. Removal and installation process will require a crane service vehicle to access the site from the PGA Boulevard direction with plywood sheets laid for wheel tracks. Coordination with you and your property management director for approval of approach and clearence of any potential site obstructions is essential. Total fabrication & installation: $53,040.00 Total This Project: $53,040.00 The start- to-finish timeframe is approximately 45 - 60 days; subject to change until ordered. If I can be of further assistance, please call. Sincerely, � c� Mark Fuller MTFuller mf: bhs N � O — O N LL � ~ a E N a O d N � N t � p W O W U � o � v Y N M L N a\ m . 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Cf) > --I C-1 w 0 > (n -j I— Fri co M M it < Oz rn cr; m m F," alur,;inurt I.m-v rEaded Ot"Iting,od shmn Spacer for abrasior! resistant ,cal plate �Ieci . !),,!Of sphwe 25• abrasion e-z!,lant steel algnw homi'mg 4"diamolcrx11 gauge MCCA npindll,, tube; 3` dia,-Tiulcr x 11 qchIgV SlaM!CGS stse! outer tube �t T? zi Z ..i 0=C ;r rr p�m I co -- Z m 3 � W � m x_ m m T � r � w m w �c O 1 m � � N W�W 3 W � N � C d N O TI 0 G a M m m 0 0 O N m o � o A N 3 � a T N C O O N � D Z7 (O W 2 tD a 0 D m m N it 6" dia;iMler x 11 gauge stainless steel outer tube 4" diameter x 11 gauge- stainless 51@Ed spindle tube 1" t1HNIW Oiign.rnelt rlouHing 2:' of ainlE:SS steel ,P .v,lde to c_aor tubs_• and ;pindlo !utre 6" dcimolcr ;, 1 t gai.ge SIa IE!F;nS sts:ad o.rter tubs: 4" diameter x 11 gauge stainless steel spind!c tubs: G diameter x 11 gauge stainless sleol outer tune 4" dialnotf.l F. 11 gaugC• >taunttas steel spind!r; tube stainless steal iasu dish milled tar ?tofanco fit uxo support tube,`,Ide;d o ;pind!E: lubr. bottom J10 Z, --I -n eC — z 0 o -n cD ;a 0 m 0 :5 I -. M O N M C, m W 0 0 > > v R) c T7 mo,smto fc.qwred P, ., r, n g 3lis 1.3', 16" 1 stam ics", c Vihim' O 4 cauge PLAN VIEVII PLAN VIEVII Rr MTFULLER Concept Statement: Amber's Moods for Wind & Water Art In Public Places Program Amber's Moods for Wind & Water FINAL APPROVAL Petition MISC -00 -07 THE COMMONS PARCEL 1 ART IN PUBLIC PLACES PPROVED BY CITY COUNCIL ORDINANCE 19, 2000 gned: Jackie Holloman, Planning Tech. for James Norquest, Principal Planner 21 March 2000 The Commons at PGA The kinetic basis and the suggestive visual imagery of this work reflects the fluid charecteristics of the South Florida environment we enjoy. The horizontal undulating forms evoke the common elements of motion and movement associated with our constant breezes and ocean waves. Amber's Moods for Wind & Water is expressed as three (3) free - standing 'flag' or 'sail' structures which freely rotate by wind currents. At moments of specific wind direction, the structures intersect paths where the spheres on the trailing edge of one 'flag' or'sail' structure will pass through cut -out openings on the leading edge of another. Although at first glance the structures appear to be the same, they are not. Subtle changes of`trailing edge profiles as well as the cut - through forms of the Front Windsails have occurred, making each structure unique unto itself. Changes of wind direction alter the orientation of the grouping to the viewer. The selected color schemes for this installation were chosen to evoke the lively spirit of the tropics through a variety of medium to high saturations and strong chromas further enhanced by strong sunlight. The color pallette was developed for these structures as individual, stand -alone elements as well as a multiple assembly of color relationships. This installation is intended to provide a sense of vitality, sophistication, excitement, and unique sense of place to the Commons at PGA project. Mark Fuller Communication Arts Functional its With over 20 years experience developing visual graphics for a wide assortment of projects across the nation, Mark Fuller has established himself as a contemporary artist whose constructions reflect his strong visual and graphics arts background. His works are carried by strong colors, symbolic forms and images, executed boldly in the same manner typical of his graphic work. Fuller's commission Fish Out Of Water for the City of West Palm Beach (1993) has been referenced as "a perfect example of what public art should be" by the National Endowment For The Arts. His professional career in environmental & graphic design arts includes: Senior Designer, Urban Design Studio, West Palm Beach, FL Senior Designer and Design Director, Lance Wyman, Ltd., New York, NY Design Director, Point 5 Sportswear, New York, NY He is also partner in Animates, Inc., a functional arts furniture company. His work has been published in numerous design journals and books including City Signs, Pictogram Design, New York Art Directors Annual, and is included in Design In Depth as 'one of 51 leading design firms'. His professional affilliations are numerous which include the Society of Environmental Graphic Designers (SEGD), and the Industrial Designers Society of America (IDSA). Mr. Fuller operates MTFuller Communication Arts in West Palm Beach since 1985. • t r . 4 r" VA m MA ■■WAA■■ a 11 t d" Y Z Y �5 4' r ;�y 3 S 1 NAL APPROVAL CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: January 28, 2003 Meeting Date: February 6, 2003 Resolution: 29, 2003 Subject /Agenda Item: Consideration of employment contract for in -house attorney [ X ] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: $ See Contract Council Action: City Attorn y City Manager (Total) [ ] Approved $ [ ]Approved w/ Current FY conditions [ ] Denied Finance Administrator: Funding Source: [ ]Continued to: Advertised: Date: [ ] Operating Attachments: Paper: [ ] Other City Attorney Agreement Position Description Proposal for Legal Services from Christine Tatum Submitted by: [ X ] Not Required Department Director Affected parties [ ] Notified Budget Acct. #: 001- 0200 - 512.3160 [ ] None Approved by City Not an r [ ] required Date Prepared: January 28, 2003 Meeting Date: February 6, 2003 Resolution: 29, 2003 • BACKGROUND: At the Council meeting of January 16, 2003, Council directed the City Manager to meet with the City Attorney applicant, Christine Tatum and report back to Council at the next meeting. Mr. Ferris met with Christine Tatum on Monday, January 29, 2003. Charles Wu, Growth Management Director also was present. Mr. Wu and Mr. Ferris interviewed Ms. Tatum and were satisfied with her extensive experience and qualifications for the job. Subsequent to that meeting Mr. Ferris scheduled meetings with individual Councilmembers and Ms. Tatum. As a result of these activities, a contract has been prepared for the employment of Ms. Tatum as City Attorney for Council consideration • STAFF RECOMMENDATION: Staff recommends that Council approve Resolution 29, 2003 Date Prepared: January 28, 2003 Page: 1 CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 29, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPOINTING CHRISTINE TATUM AS IN- HOUSE CITY ATTORNEY TO PERFORM THE DUTIES OF CHIEF LEGAL ADVISOR FOR THE CITY OF PALM BEACH GARDENS AND APPROVING AN AGREEMENT WITH CHRISTINE TATUM; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council desires to employ the services of an in -house attorney to serve as City Attorney in allowance with Section 6 -2 of the City Charter; and WHEREAS, the City Manager has negotiated a contract for the services of Christine Tatum, Esquire to advise the City Manager, Mayor and City Council and department heads and other City staff on legal matters, prepare City documents and represent City in complex legal matters; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clause is hereby ratified and confirmed as being true and correct and is hereby made a specific part of this Resolution. SECTION 2: The City Council hereby appoints Christine Tatum as City Attorney for the City of Palm Beach Gardens in accordance with Section 6 -2 of the City Charter. The City Council further approves the agreement with Christine Tatum attached hereto as exhibit "A" and incorporated herein and authorizes the Mayor and City Clerk to execute said agreement. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon adoption. Date Prepared: January 28, 2003 Page: 2 PASSED, ADOPTED AND APPROVED this day of , 20_. ATTEST: PATRICIA SNIDER, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUBIN CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO MAYOR JABLIN AYE NAY ABSENT Date Prepared: January 28, 2003 Meeting Date: February 6, 2003 Resolution: 29, 2003 EXHIBIT A CITY OF PALM BEACH GARDENS CITY ATTORNEY AGREEMENT THIS AGREEMENT, made and entered into this 6th day of February 2003, effective on March 10, 2003 (the "Effective Date ") by and between the City of Palm Beach Gardens, Florida, a municipal corporation, with offices located at 10500 North Military Trail, Palm Beach Gardens, Florida 33410, hereinafter called the "City" and Christine Tatum, hereinafter referred to by name or as the "City Attorney ", both of whom agree and understand that the terms and conditions of this agreement are fully set forth as follows: SECTION 1: DUTIES The City hereby appoints and employs Christine Tatum as City Attorney to perform the functions and duties as specified on the position description attached hereto as Exhibit A and made part hereof, and to perform other legally permissible and proper duties and functions as shall from time to time be assigned by the City. SECTION 2: TERM OF EMPLOYMENT The term of this Agreement shall commence on the Effective Date and remain in effect until March 10, 2006 subject to a six (6) month review at which time the terms of this Agreement may be modified by mutual consent of the parties. Thereafter, the performance of the City Attorney shall be evaluated on an annual basis. SECTION 3: COMPENSATION The City agrees to pay Christine Tatum for services rendered pursuant hereto an annual base salary of $93,000 paid in installments at the same time as other employees of the City are paid. Modifications to salary and benefits shall be made on the basis of an annual performance review except as set forth in Section 2 above. Page 1 of 4 SECTION 4: AUTOMOBILE ALLOWANCE The City shall provide Christine Tatum an automobile allowance in the amount of five hundred dollars ($500.00) per month. SECTION 5: VACATION AND SICK LEAVE Christine Tatum shall accumulate sick leave and vacation leave benefits that are allowed for other full -time employees of the city in accordance with the same terms and provisions applicable to all other full -time City Employees. SECTION 6: INSURANCE The City agrees to provide insurance benefits for the City Attorney in accordance with the same terms and conditions applicable to all full -time City Employees. SECTION 7: DEFERRED COMPENSATION The City agrees to pay eleven percent (11 %) of the City Attorney's base salary into a deferred compensation plan of Christine Tatum's choice. SECTION 8: AUTHORITY OF CITY COUNCIL: CITY MANAGER The City Attorney shall serve at the pleasure of the City Council subject to the notice provisions set forth herein and shall take direction from the City Manager on a day -to -day basis. SECTION 9: PENDING CHARTER REVISION The parties acknowledge that a charter revision has been proposed that would place the City Attorney under the direct authority of the City Manager. Should this revision be approved by the voters at the election to be held on March 11, 2003, an addendum to this Agreement will be required. The City Attorney agrees to execute such an Addendum. SECTION 10: TERMINATION A. Should either party desire to terminate this Agreement, sixty (60) days written notice shall be provided to the other by hand delivery. Page 2 of 4 B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City to terminate the service of the Attorney at anytime. However, in the event that the charter revision described in Section 9 is not approved by the voters, then in the event the Attorney is terminated by the City, the City shall pay severance pay equal to three (3) months salary and up to six (6) months COBRA benefits. Should the City terminate the Attorney for fraud, embezzlement, conviction of a felony relating to official duties, or gross negligence in the performance of official duties, there shall be no severance pay due the Attorney. In the event the Charter revision is approved by the voters, then the City Attorney shall be considered a department head and an at will employee. SECTION 11: GENERAL PROVISIONS A. The text herein shall constitute the entire agreement between the parties. B. This Agreement shall not be assigned by either party. C. This Agreement shall become effective immediately upon execution by both parties. D. This Agreement may not be modified or changed in any way whatsoever except by written agreement of the parties. E. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. Page 3 of 4 IN WITNESS WHEREOF, the City of Palm Beach Gardens has caused this Agreement to be signed and executed on its behalf by its Mayor and duly attested by its Clerk, and Christine Tatum has signed and executed this Agreement, both in duplicate, to become effective on the date set forth herein. ATTEST: Patricia Snider, City Clerk WITNESSES: CITY OF PALM BEACH GARDENS Eric Jablin, Mayor Christine Tatum, City Attorney Page 4 of 4 CITY OF PALM BEACH GARDENS CITY ATTORNEY POSITION DESCRIPTION JOB CODE # 1020 JOB TITLE: City Attorney EEO CLASS: 1 Officials SUPERVISED BY: and Administrators City Manager HOURS / PAY GRADE DEPARTMENT: DIVISION: _40/ 124 Administration Legal STATUS: RFT RPT PT LOCATION: This is an employment -at- EXEMPT NON-- EXEMPT City Hall will position. BARG UNIT NON -BU DEPT. APPROVAL: HR APPRO L CITY MM. AP VAL: DATE: DATE: U DATE: 1 .1 8 1 03 / - -.Ze- o GENERAL PURPOSE: Under general direction by the City Manager, oversees and directs the administration of legal services to the City, including the Mayor, City Council, City departments, and all City Boards and Committees SUPERVISION EXERCISED: Supervises legal assistant ESSENTIAL DUTIES & RESPONSIBILITIES: • Performs duties of Chief Legal Advisor for the City of Palm Beach Gardens • Advises the City Manager, Mayor and City Council and department heads and other City staff on legal matters • Oversees the full operation of the division • Prepares resolutions, ordinances, contracts, agenda items, municipal bond procedures, charter amendments and documents • Maintains and monitors all legal/binding contracts on behalf of the City • Develops, prepares and administers City Attorney's division budget • Represents City in complex legal matters • Attends City Council and other meetings (internal and external) as chief legal advisor • Performs legal research on various legal issues, concerns, complaints, pending lawsuits, and other legal matters on behalf of the City • Prepares pleadings, briefs, legal opinions and litigation reports concerning status of cases; addresses resident/attorney issues • Responds to internal concerns and complaints regarding unemployment compensation, equal employment opportunity, harassment, discrimination, legal records challenges and lawsuits • Directs, supervises, assists and supports the legal clerical staff in the and preparation completion of legal forms, scheduling of meetings, and maintenance of legal records filing systems • Prepares and reviews policies and procedures • Provides guidance with daily administration of operations of the City including personnel matters, workers' compensation, procurement and Requests for Proposals (RPF's). • Assists with land use, code enforcement, planning and zoning procedures and issues J.D.'s/Posde03\Admin \1020 1/03 ESSENTIAL DUTIES & RESPONSIBILITIES: (continued) • Ensures the preparation, submission, filing, and response to complaints with established time frames • Performs related work as required • The list of essential functions, as outlined herein, is intended to be representative of the tasks performed within this classification. The omission of an essential function does not preclude management from assigning duties not listed herein if such functions are a logical assignment to the position. PERIPHERAL DUTIES: Attend evening meetings as needed DESIRED MINIMUM QUALIFICATIONS: Education and Experience: • Juris Doctorate and member of the Florida Bar and • Six or more years of progressively responsible legal experience, including three years in government practice and three years supervisory /managerial experience, or equivalent experience, or ■ Any related combination of education, training and experience Knowledge, Skills and Abilities: • Extensive knowledge of City, federal, and state laws statutes, rules, regulations, ordinances, codes related to the full range of City government operations and legal issues, judicial procedures /rules of evidence /principles, methods, materials and practices of legal research • Extensive knowledge of the Florida Sunshine Law Public Records Law and other legal obligations and fiduciary responsibilities of municipal officers, employees and elected officials • Extensive knowledge of land use, planning and zoning laws and procedures • Knowledge of research of complex legal issues • Knowledge of management and administration methods, practices and procedures • Knowledge of customer service and public relation methods, practices and procedures • Knowledge of budget development, monitoring and administration • Skill in litigating matters related to regulatory, land use, employment, contractual and transactions • Skill in utilizing a high degree of verbal and written communication in the presentation of information to a wide variety of audiences • Skill in negotiation and consensus development • Skill in delegating, assigning, reviewing and evaluating work • Skill in utilizing customer service /pubic relations techniques in responding to inquiries and complaints • Ability to prepare, present and argue cases effectively in court • Ability to establish and maintain effective working relationships with elected officials, employees, court officials, and all those contacted in the course of work SPECIAL REQUIREMENTS: ■ Valid Florida driver's license 2 J.D.'s/Posde03\Admin \1020 1/03 PHYSICAL DEMANDS: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is frequently required to walk, sit, stand and talk or hear.1 The employee is occasionally required to use hands to manipulate, handle, grasp, feel, push, pull, lift, carry or operate objects; and reach with hands and arms. The employee is occasionally required to climb, lift or balance, stoop, kneel or crouch. The employee must occasionally lift and/or move up to 25 pounds. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and the ability to adjust focus. TOOLS & EQUIPMENT USED: Computer, telephone, general office equipment ENVIRONMENTAL CONDITIONS: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is usually quiet. SELECTION GUIDELINES: • Formal application - evaluation of education, training and experience • Oral interview • Background investigation • Job related tests as deemed necessary The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to the position. The job description does not constitute an employment agreement between the employer and employee and is subject to change by the employer as the needs of the employer and requirements of the job change. J.D.'s/Posde03\Admin \1020 1/03 CHRISTINE PETERSEN TATUM 522 NW 39 Avenue Deerfield Beach, Florida 33442 (954) 481 -8916 WORK EXPERIENCE Village of Wellington, Wellington, Florida; In -house Counsel, April 1998 to December 1999; Village Attorney, December 1999 to Present. Responsibilities include advising Village Council, Boards and Committees and Village staff; coordinating and managing contractual legal services; participating in and presenting continuing legal updates to staff; coordinating legal issues relating to surface water management; reviewing Land Development Regulations; preparing resolutions, ordinances, legal opinions, and reviewing contracts. Siemon, Larsen & Marsh, Boca Raton, Florida; Senior Planning and Land Use Attorney, October 1994 to April 1998. Responsibilities included supervision of the land use and planning activities of the Florida office of the firm; drafting land development regulations for various local governmental clients; representing property owners in the development approval process. Office of the City Attorney, Boca Raton, Florida; Assistant City Attorney, May 1986 to September 1994. Responsibilities included dealing with land use and permitting issues; representation of the Planning and Zoning, the Code Enforcement and the Civil Service Boards; handling litigation and appellate matters for the City as well as preparation of ordinances, resolutions, and legal opinions. Office of the City Attorney, City of Hollywood, Florida; Assistant City Attorney, May 1984 to May 1986. Responsibilities included land use litigation and representation of various City boards and departments, including the Zoning and Community Development Departments. Tatum & Tatum, Plantation, Florida; Of Counsel, September 1982 to December 1983. Responsibilities included a variety of real estate matters, including appellate representation'and litigation on behalf of title companies. Law Offices of Elizabeth Athanasakos, Fort Lauderdale, Florida; Attorney, March 1980 to July 1981. Private Practice, Plantation, Florida; Sole Practitioner, October 1978 to February 1980. Legal Aid Services of Broward County, Inc., Fort Lauderdale, Florida; Deputy Director, May 1977 to April 1978; Acting Deputy Director, July 1976 to May 1977; Staff Attorney, June 1975 to July 1976. EDUCATION Juris Doctor, University of Miami, Coral Gables, Florida, May 1975, Cum Laude, Law Review, Top 10% Class Ranking, Student Instructor, Moot Court Judge, Wig and Robe, Phi Kappa Phi. Bachelor of Arts. Loyola University, New Orleans, Louisiana, May 1971. AFFILIATIONS State Court Admitted to the Florida Bar, October 1975 Federal Court Admitted to the Southern District of Florida, 1976 Legal Associations Environmental and Land Use Law, Administrative Law and Local Government Law Sections of Florida Bar Florida Municipal Attorneys Association International Municipal Lawyers Association Community Past President, Palm Beach County Youth Symphony Orchestra B. Description of Capabilities to Provide Services This is a proposal to provide legal services as a full -time, in -house employee of the City, with support staff of a legal assistant. Need for specialized legal services, such as litigation, labor counsel, and environmental matters would be contracted services coordinated by the City Attorney. Research will be accomplished through the use of Westlaw Internet access, which is available at a government rate for municipal attorneys, and eliminates the need to incur capital expenses of establishing a legal library. This proposal envisions that the normal office support, such as computers, facsimile machines, and cell phones would be provided by the City for the legal department in the same manner as provided to other City employees. C. Basis of Compensation The City Attorney would be a full -time, salaried employee or contract employee. The Legal Assistant would be a full -time, hourly employee. The specific salaries would be negotiated upon selection, but it is envisioned that compensation for both the attorney and legal assistant would include standard benefits offered to other City employees, and that compensation for the attorney would be equivalent to that of other senior management employees. D. References Frank S. Bartolone, Esq. Assistant General Counsel South Florida Water Management District 3301 Gun Club Rd. West Palm Beach, FL 33406 561- 682 -2884 Gregory S. Dunham Town Manager Town of Manalapan 600 S. Ocean Blvd. Manalapan, FL 33462 561- 585 -9477 Trela J. White, Esq. Corbett & White 309 Lake Ave. Lake Worth, FL 33460 561 - 586 -7116 Linda Davidson Director, Office of Management and Budget City of Boca Raton 201 West Palmetto Park Rd. Boca Raton, FL 33432 561- 393 -7703 George Brown Assistant City Manager City of Boca Raton 201 West Palmetto Park Rd. Boca Raton, FL 33432 561- 393 -7703 Alfred J. Malefatto, Esq. Greenberg Traurig, P.A. 777 South Flagler Drive Suite 300 East West Palm Beach, FL 33401 561- 650 -7908 E. Significant Public Sector Issues Litigation Related to High School Site Selection. In 2001, School District of Palm Beach County purchased property in the Village of Wellington to construct a new high school. This required a development approval from the Village and resulted in two lawsuits from the adjoining neighbors. The first case was a traditional certiorari petition to challenge the decision of the Village Council, and this case was successfully defended in the Circuit Court. The second case was filed against the Village, the School Board, and Palm Beach County and challenged not only the development approval, but the School Concurrency Interlocal Agreement and certain Palm Beach County comprehensive plan amendments and land development regulations. The three government entities entered into a Joint Defense Agreement to closely coordinate the defense of this litigation. The Court denied an attempt to enjoin construction of the school, and the decision was upheld by the Fourth District Court of Appeal. Recently, the renewed motions to dismiss were filed, and the Plaintiff subsequently dismissed the case. Completion of the High School is anticipated in August 2003. Development of Best Management Practices. Confronted with the approaching statutory deadline for phosphorus reduction in stormwater runoff, a decision was made to initially address reduction by developing best management practices relating to two sources of pollution: livestock waste and fertilizer. Research to find the legal mechanism to establish such regulations indicated a strong likelihood of industry resistance, and potential litigation. Working closely with Village staff, efforts were coordinated through representatives of the fertilizer and fertilizer applicators industry and ultimately regulations were drafted which the industry was able to publicly support. Similarly, numerous meetings were held with representatives of various equestrian interests to develop regulations which addressed the issues without unduly burdening the operation of equestrian businesses. The resultant Best Management Practices Ordinance has been used as a model by the SFWMD to encourage other local governments to address phosphorus clean -up issues. The ordinance has been in effect for two years with no legal challenges, and initial studies indicate the measures established by the ordinance are reducing phosphorus levels. Joint Facilities Agreement with the School District of Palm Beach County. To facilitate and encourage the collocation of education and recreational facilities, a comprehensive, multi -year Interlocal Agreement was negotiated with the School District of Palm Beach County. This Interlocal Agreement provides for the conveyance of land from the Village of Wellington to the School Board for two elementary schools and one middle school, and the conveyance of land owned by the School Board to the Village for park purposes. The Agreement also provides for the construction of the recreational facilities by the Village for use by the schools and the residents of the Village, with continued joint operation and maintenance established. An additional component of this Agreement was the collocation of a Palm Beach County Fire Rescue station adjacent to the schools, with a coordinated site planning effort for the school, park, and fire rescue facilities. Downtown Redevelopment. During the years when I was the Assistant City Attorney for Boca Raton, the city and its Community Redevelopment Agency embarked on an aggressive, multi- faceted plan to revitalize the downtown. A myriad of legal issues were addressed in effectuating the plan, including the development of a Chapter 163 Community Redevelopment Plan; litigation challenging the Redevelopment Plan; eminent domain proceedings; bond validation challenge to the financing plan for the infrastructure improvements; the creation and approval process for an area -wide Development of Regional Impact; long- term lease arrangements for the Mizner Park project; and several citizen - initiated referenda. In addition to providing legal guidance to the city staff and the redevelopment agency, the City Attorney's office coordinated the specialized legal services required, including land use attorneys, bond counsel, and eminent domain counsel. Land Use Issues in a New Municipality. The creation of a new municipality presented unlimited legal issues and equally unlimited opportunities for creative solutions. Of particular interest and importance was the transition of zoning and land use regulation from Palm Beach County to a municipality in an area with long- standing development approvals. This process included refining, reducing, and streamlining the development regulations contained in the County's Unified Land Development Code into a more workable and user - friendly municipal zoning code. The process required balancing the interests and vision of a newly incorporated municipality with the legally - protected interest of property owners with existing land development approvals. These activities obviously continue to be a work in progress, but substantial progress has been accomplished. Of particular note was the development of a regional mall which had been approved by the County through the Development of Regional Impact process and partially permitted for construction through the County. Just prior to commencement of construction, jurisdictional authority for both zoning and building was transferred to the Village, and the previously- approved Development Order became the responsibility of the Village. A Utilities Agreement and Developer's Agreement were negotiated with the mall developers to facilitate the transition to Village regulation, and subsequently, the entire Development Order has been revised and reapproved by the Village. F. Litigation Philosophy A City Attorney's obligation to the City, the elected officials, and the management of the City as clients necessarily involves a responsibility to the taxpayers of that City. Litigating at the expense of the taxpayer, and with the taxpayers' interests at risk, imposes an additional obligation on a City Attorney to carefully consider all possibilities of settlement. This philosophical, approach is effectuated initially by selecting the best legal talent available to litigate on behalf of the City, as a truly effective settlement can be reached most often through a position of advantage in the litigation. After securing the appropriate litigation counsel, the City Attorney has a continual obligation to assess possibilities of settlement at the outset of litigation, and then throughout the course of the litigation, and to bring opportunities for favorable resolution to the attention of the Manager and the Council. The use of the attorney /client meetings authorized by Florida Statutes is an effective tool to keep the city officials informed and in a position to reach favorable resolution of issues. There are certainly instances when litigation is the only solution to a situation, but the costs of litigation, the delays involved, and most importantly the uncertainty underscore the importance of thoroughly investigating and pursuing opportunities for settlement. G. Specific Public Sector Activities Land Use and Planning: A substantial portion of my practice as a municipal attorney has been devoted to the areas of land use and planning, including: ➢ Drafting comprehensive plan amendments ➢ Drafting land development regulations ➢ Representing Council at.quasi judicial proceedings ➢ Advising the Planning, Zoning and Adjustment Board ➢ Review of land development applications with planning staff ➢ Preparation of ordinances and resolutions, which include conditions of approval necessary of protect the city's interests ➢ Updating Planning staff on new legislation and court rulings ➢ Defending challenges to development application decisions Code Enforcement: ➢ Prosecution of municipal code enforcement cases ➢ Updating code provisions ➢ Preparation of liens ➢ Prosecution of foreclosures ➢ Defense of court challenges to Code Enforcement Board decisions ➢ Training inspectors with regard to private property and search issues ➢ Drafting ordinances to allow. alternative enforcement mechanisms ➢ Establishment of special master process for hearings Contract and Construction Law: ➢ Preparation of standardized contracts for construction, design /build, professional services, licensing, and entertainers. ➢ Preparation of Interlocal Agreements with the State of Florida, Palm Beach County, the School Board, SFWMD, and other municipalities. ➢ Negotiation. and. preparation of contracts. for capital. projects, including. police station, fire station, environmental center, gymnasium, swimming pool, community center, road, water treatment plant, communications tower, and beautification projects. ➢ Contracts of Purchase . and .. Sale of . Real . Property for. municipal. projects, including the community center, road re- alignment, and school site. H. Other Relevant Work Researched, prepared, and presented Charter Amendments for consideration by Council and the voters of Wellington. Researched and drafted ordinances, including Equestrian Overlay regulations, Natural Preservation regulations, and Adult Entertainment regulations. Established quarterly Litigation Updates for Manager and Council. Provided in -house legal training for employees and Boards and Committees. I. Statement of Qualifications and Proposed Plan for Legal Management System The past eighteen years of my legal practice have been devoted to local government law. I have worked in -house as counsel to three cities in South Florida, and have served as a legal consultant to municipalities re- writing land development regulations. Most importantly, I have had the experience of establishing an in -house legal department for the Village of Wellington, including selection of support staff, establishing processes, and assembling a team of legal experts to assist in resolving the variety of legal issues arising in a rapidly growing new municipality. One of the primary goals for an in -house City Attorney's Office is the coordination and management of contractual legal services which can be accomplished through the implementation of a legal management system. Over the course of the past four years, I have developed a Legal Management System which has proved effective both in the quality of legal services received, and cost containment. Proposed Legal Management System ➢ The City Attorney Manages All Outside Legal Counsel The City Attorney is familiar, on a day -to -day basis, with the legal issues that confront the City and is in a position. to determine when outside counsel is necessary, and if so, to recommend which outside firm is most appropriate to provide the service. The City Attorney can communicate the goals and concerns of the staff, give the attorney realistic deadlines, and respond in a timely fashion to inquiries from the outside attorney. ➢ Process of Selection of Attorneys for Specific Matters From time to time, the City will be confronted with the need for legal services to address situations outside the regular scope of services, in particular, litigation matters, bond counsel, and specialized matters such as environmental issues. In the selection of outside counsel for such matters, both cost and experience must be considered. In negotiating these agreements, the City.needs to look carefully, not only at the experience and expertise of the firms, but needs to analyze the hourly rate charged compared to the comparable market in this area. ➢ Standardized Billing All outside firms /attorneys should utilize a standard billing format that provides adequate information. Billing should be project specific or task specific and should contain a detailed description of the work performed. Clear billing guidelines, complete explanation of work performed, and production of work product streamline the review-of legal bills. ➢ Evaluating and Budgeting for Litigation Prior to commencing litigation, or immediately after being put on notice of impending litigation, City Attorney should evaluate which firm /attorney is most appropriate to handle the case. Matters covered by insurance should immediately be forwarded to the insurance carrier for referral to the appropriate law firm. If the litigation is outside the expertise of attorneys under contract with the City, the City Attorney should obtain proposals from firms having the requisite expertise, and present a contract for such services to the City Council and City Manager on an expedited basis. The selected firm should provide the City with an analysis of the risk of loss and evaluation of the extent of exposure. Regular status reports are essential so that the City Attorney can provide timely updates to the Manager and Council. ➢ Standardize contracts with outside attorneys Relationships should be formalized with comprehensive contracts which clearly define the scope of services, basis of compensation, communication expected, and other details. PROPOSAL FORM In completing the information questions below, if additional space is needed, attachments to this form are acceptable. ( Individual ( ) Partnership ( ) Corporation ( ) Other (Specify) Name of Organization fl r ts� 111 C. Q� t.� YY1 '' .' `` (or Individua1� Address 522. N w 3� �J.2 - City I leef -pte ec�c{� State �L Telephone Number(q q I- g9 I b Tax I.D. # 2 S q J Z �o I Business Address 572 2 N �' �q Ake- City :bcerfie(d -RzfctcA State 'F L zip Code 33 y y Z Organized Date I A Proposer's Representative Se Title i-\1 —r by, Proposed Total Fee to Provide Requested Services $ e Gt o"- t Lip 61 e. Prices set forth above are firm proposals and not subject to price adjustment except as defined in the General and Technical Specifications. Addenda Received: 'n O r C- ATTEST: Signature Title Date (Corporate Seal) PROPOSER Si r Title n_0 12, 2 00 2 Dat DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that does / does not (circle appropriate response). (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace, and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the danger of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, and any available drug counseling. 2�'7 7 //IQle/,Cad�� lc'S ca P2 �ro�uses Olte��- __;-) Zrz�� CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: January 17, 2003 Meeting Date: February 6, 2003 Ordinance 53, 2002 Subject/Agenda Item: Ordinance 53, 2002: Donald Ross Village Mixed -Use Planned Unit Development First Reading: A request by Hank Skokowski of Urban Design Studio, on behalf of Donald Ross and Military L.C., to allow for a rezoning from Planned Development Area (PDA) to Mixed -Use Planned Unit Development (PUD) Overlay. The proposed development consists of 196,496 square feet of commercial, 9,000 square feet of business office, and 156 multi - family residential dwelling units located on 45.37 acres on the south side of Donald Ross Road, between Military Trail and Central Boulevard. The PUD approval would include a re- zoning from the existing zoning designation of Planned Development Area to Mixed -Use Planned Unit Development. [ X ] Recommendation to APPROVE ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: $ City Council Action: Principal Planner � Growth Management: pl (Total) Talal Benothman, Project Manager 1 City Attorney Talal Benothman, AICP [ ] Approved Development Compliance Finance N/A -CS � $ Current Funds [ ]Approved w/ conditions Human Resources N/A Bahareh Wolfs, AICP [ ] Denied Advertised: Funding Source [ ] Continued to. Date: [ ]Operating Ord. 53, 2002 Aerial Photo [X] Not Required [ ] Other Master Site Plan Linkages Plan Residential Plan Architectural Renderings SubMitted by: h Management' / / _ iV1' Charles K. Wu, A P Budget Acct. #: Department Dir or Affected parties [X ] Notified None r eArril, na ity Manager [ ] Not required Date Prepared: January 17, 2003 Meeting Date: February 6, 2003 Ordinance 53, 2002 BACKGROUND The subject site is a 45 -acre parcel bounded by Donald Ross Road to the north, William T. Dwyer High School to the south, Central Boulevard to the west and Military Trail to the east. The property consists of unimproved land with mainly upland vegetation. This property was owned by the MacArthur Foundation and was sold as part of the 1998 land divestiture. The property is subject to the "Forbearance Agreement," entered into between the City and land developers, who purchased Foundation land during the divestiture. The subject site is divided into two legal parcels, Parcel 4.02 (11.13 acres), and Parcel 4.04 (34.24 acres). The applicant proposes the following uses on the subject site: Commercial Gas Station/convenience Store Square Footage/Units/Rooms 3,236 Drug Store 14,873 Restaurants 13,000 Bank 4,000 Hotel 70,000 93 rooms) Total Retail uses 91,387 196,496 Office Business Office 9,000 Residential Multi-Family 156 dwelling units LAND -USE & ZONING The subject site consists of two land -use designations. The land -use category for parcel 4.02 is Commercial, and the land -use designation for parcel 4.04 is Mixed -Use. The subject site is zoned Planned Development Area, which is defined by the Land Development Regulations as "large tracts of land that are established as a holding zone until an application for development order approval is submitted." The applicant is proposing to re -zone the land to Mixed -Use Planned Unit Development Overlay, which is consistent with the City's Future Land -use Map. Considering the Commercial land -use of the "quarter circle" configuration at Central Boulevard and Donald Ross Road, it is staff's professional opinion that the "gateway" concept can best be achieved through the site planning of the subject site utilizing "Mixed -Use" PUD requirements. Therefore, compliance with the Mixed -Use PUD shall be the major focus of staff's analysis in this report. 2 Date Prepared: January 17, 2003 Meeting Date: February 6, 2003 Ordinance 53, 2002 Parcel 4.02 Based on the Future Land -use Map of the City's Comprehensive Plan, the predominant land -use within the 11.13 -acre parcel is Commercial. Parcel 4.04 The Future Land -use Map of the City's Comprehensive Plan designates this 34.24 -acre portion of the subj ect site as Mixed -Use. The property must have a minimum of three uses from the following use categories: residential, neighborhood commercial, employment center and open space. The applicant is developing the project as a Residential Mixed -Use PUD, but is requesting a waiver from the residential mixed -use requirements to provide for non - vertical integration of residential uses. Policy 1.1.1.3 of the City's Comprehensive Plan requires a land allocation and building lot coverage calculation for the minimum three uses required. First, the applicant must provide for a percentage of land allocated for each use from the total acreage. Second, the applicant must then provide for a percentage of lot coverage within each land -use allocation, within the parameters of the comprehensive plan. The following table summarizes the applicant's proposal, as compared to the Comprehensive Plan requirements: PUD- 01 -14: Donald Ross Village MXD PUD, Parcel 4.04: Total Acreage 34.24 acres USE PROPOSED REQUIRED CONSISTENT? OPEN SPACE % Acres/ S . foot Land allocation 15% 5.14 15% / 5.14 acres Yes Lot coverage N/R N/R N/R N/R NEIGHBORHOOD COMMERCIAL Land allocation ** 24.5% 8.4 30 % maximum Yes Lot coverage 28.9% 106,000 70% maximum Yes RESIDENTIAL HIGH Land allocation 58.4% 20 acres 20 %min / 60 % max Yes Lot coverage 21.6% 189,007 50% maximum Yes EMPLOYMENT CENTER Land allocation 2% 0.7 acres 2% min / 30 % max Yes Lot coverage 29.5% 9,000 70% maximum Yes ACREAGE 34.24 TOTAL SQUARE ,FOOTAGE*** 284,528 Yes 3 Date Prepared: January 17, 2003 Meeting Date: February 6, 2003 Ordinance 53, 2002 FORBEARANCE AGREEMENT In addition to land -use and zoning requirements, the applicant is subject to requirements set forth by the forbearance agreement between developers and the City, which includes a Floor Area Ratio (FAR) maximum of .25 and a maximum density of 10 residential dwelling units per acre for the subject parcels. PARCEL 4.02 USE PROPOSED REQUIRED FAR REQUIRED DENSITY CONSISTENT? Commercial* 18% 25% N/A Yes PARCEL 4.04 USE PROPOSED REQUIRED FAR REQUIRED DENSITY CONSISTENT? Open Space N/A N/A N/A N/A Neighborhood Commercial 24% 25% N/A Yes Residential High 7.8 d.u. /acre N/A 10 d.u. /acre Yes * Site planning for future Parcel J must take into account FAR requirements for Parcel 4.02. CONCURRENCY Palm Beach County Engineering Traffic Division has determined that the proposed development meets the Traffic Performance Standards of Palm Beach County for concurrency reservation. The property has been approved for 175,000 square feet of commercial retail, an 8,000 square —foot drive - in bank, 35,000 square -foot medical office, 35,000 square feet of general office space and 300 apartment (multi - family) units. The proposed square- footage and dwelling units are less than what have been approved for concurrency. The applicant has provided staff with an equivalency statement to convert the approved square footage to the uses proposed. The build -out date for this project is December 31, 2003. Pursuant to Section 78 -61 of the Land Development Regulations, the applicant shall be required to apply for a time extension for any portion of the project that is not completed by this date. PROJECT DETAILS Community Design Section 78 -157 Mixed -Use Planned Unit Development requires the developer of a mixed -use project 4 Date Prepared: January 17, 2003 Meeting Date: February 6, 2003 Ordinance 53, 2002 to meet several design criteria for producing a viable mixed -use environment that achieves the goals set forth in the City's Comprehensive Plan. The following sections compare the proposed development with the requirements for meeting the design criteria. Master Site Plan The applicant has provided a Master Site Plan meeting the requirements of this section. Thoroughfare Plan An overall thoroughfare plan must be provided that indicates primary, secondary, tertiary and "main street" roadways throughout the proposed project. Special emphasis shall be placed on a roadway system that establishes a grid or related pattern that allows pedestrian linkages and visual enhancements. The applicant has provided a Thoroughfare Plan at staff's request. Upon review of the Master Site Plan, however, staff has identified three out of seven major elements that are not consistent with the criteria established in Section 78 -157, as part of the "Thoroughfare Plan" requirements: 1) The street design within the non - residential portion does not allow for parking on one or both sides of the road; 2) There are intervening parking areas between buildings, sidewalks and roads; and 3) Street design does not provide for separate or integrated bicycle lanes. However, it is staff's professional opinion that the applicant has provided sufficient community design standards in other areas, consistent with the comprehensive plan and the LDRs, to mitigate these detractions to the mixed -use concept. Thoroughfare Enhancement Plan The applicant has adequately provided a Thoroughfare Enhancement Plan as part of an overall thoroughfare plan. Pedestrian Linkages The applicant has provided a Pedestrian Linkages Plan, which provides for an overall plan for the area including a conceptual linkage plan, parkway systems, internal pedestrian pathways and linkages with existing facilities and surrounding land -uses, identifying "gathering spaces" such as active or passive parks, public squares and performance venues. Date Prepared: January 17, 2003 Meeting Date: February 6, 2003 Ordinance 53, 2002 Overall Design Theme The applicant is required to provide illustrations and details of project -wide shared elements. Staff has reviewed the master site plan and has determined that the applicant has provided an overall design theme that is consistent with the requirements set forth in section 78 -157. Orientation of Non - Residential Buildings The master plan shall provide for the location, type, and orientation of buildings throughout a prof ect with the following: an identified urban or "main" street, primary street (major arterials such as Military, Donald Ross and Central), secondary streets (such as the main east -west access drive through the site), and tertiary streets (other internal access drives). Staff initially had several concerns regarding the orientation of buildings, and the applicant has revised the plans accordingly. The revisions reflect the following improvements: 1) Improved identification of Urban or "Main" Street concept; 2) Agreement to "build -to" lines, for future Parcels J and H as a condition of approval; 3) Improved street landscaping component; and 4) Elimination of out - parcel E and reduced parking stalls adjacent to building facades. Signage The applicant shall be required to provide a master signage plan, as a separate application, to be approved by both the Planning and Zoning Commission and City Council for the entire PUD. The master signage plan shall include, but is not limited to, monument signs, wall signs, directional signs, traffic control signs, street -name signs, way - finding signs, enter and exit signs, directory signs, street address signs, and City entryway signs at the northwest and northeast corners of the site. A City entryway sign shall be located at the southwest corner of Military Trail and Donald Ross Road and possibly the southeast corner of Central Boulevard and Donald Ross Road. The City entryway sign shall be consistent with an opposing sign on the west for Legends at the Gardens proj ect. Architecture The applicant is required to provide staff with a graphic representation of an overall, harmonious architectural style for the development. Architectural design shall have a main focus on pedestrian amenities, which include but are not limited to arcades, awnings, colonnades, fountains, loggias, courtyards and other similar areas providing for a connection and a focus for pedestrian walkways. Architectural design should avoid blank walls and dead spaces without any pedestrian or visual interest. Staff has reviewed the master site plan revisions and notes the following: C Date Prepared: January 17, 2003 Meeting Date: February 6, 2003 Ordinance 53, 2002 1) Pedestrian amenities such as fountains, loggias, colonnades and courtyards have been introduced into the design; and 2) The applicant has added a note to the site plan that Building A and future Building H shall meet the requirements for 51% 2 -story character, as required by the City's Comprehensive Plan. Parkin The applicant has submitted a shared parking analysis, consistent with the requirements set forth in section 78 -346 of the City's Land Development Regulations. Based on a 100% use of the property at all times, the straight code requirement would be 814 spaces. The shared parking analysis indicates that a maximum of 769 parking spaces would be required based on a percentage of parking spaces being utilized at any given time. The applicant has provided for 611 parking spaces on the commercial portion for the first phase. The additional 158 parking spaces required, based on the shared parking analysis, shall be provided as part of future site plan approvals of parcels J and H of phase two, which include the 93 -room hotel and a Restaurant/Retail Building. Eight loading areas are indicated on the Master Site Plan for Phase I and the applicant will be providing three additional spaces for Phase H. The Code requires eleven loading areas for Phase I and six spaces for Phase H, at least one for each non - residential building on site based on the square footage of each building. A waiver has been requested for the five spaces not being provided on site. Based on the code requirement of 5% of the parking spaces required for phase 1, the applicant has provided for 21- bicycle parking spaces. Additional bicycle parking shall be required for future Parcels J and H, based on additional parking required for these sites. The total bicycle parking for the entire PUD is 38. The applicant will provide the remaining 17 spaces during the construction of phase two. Traffic and Circulation As part of the Mixed -Use PUD requirements, the applicant is required to meet the traffic and circulation requirements set forth in the Mixed -Use PUD section of the LDRs. In addition to the concerns raised in the mixed -use discussion in this report, the Town of Jupiter has objected to the proposed westbound left turn lane, located in the median of Donald Ross Road, as this would eliminate a large area of landscaping planted as part of the neighboring Abacoa development, on the north side of Donald Ross Road. The applicant has submitted landscape plans for the expanded medians along Donald Ross Road and has indicated to the satisfaction of staff that the relocated landscaping is sufficient enough so that the 7 Date Prepared: January 17, 2003 Meeting Date: February 6, 2003 Ordinance 53, 2002 left turn median lane is no longer objectionable. Upland Preservation As mentioned, the subject site contains a substantial native Florida upland vegetative community. As part of this review, the applicant has submitted an environmental assessment, which identified the most viable areas of this community, of which the applicant is required to preserve 25% on -site or mitigate. The applicant has proposed preserving the entire 9.26 acres of preserve on site as part of the "Reserve/Preserve" plan. However, the applicant would like to have the option of mitigating 1.69 of the required 9.26 acres off -site, should land become available in the future for such mitigation. As a result, the hotel site is designated as a "Reserve/Preserve" on the Master Plan of the PUD and will not be developed or cleared until the applicant finds land off -site to mitigate for the 1.69 acres. Staff proposes a condition of approval prohibiting the development of the hotel site until the 1.69 acres are mitigated off -site and approved by the City Council. Parkway Program Section 78 -231 of the LDRs identifies both Central Boulevard and Donald Ross Road as "parkways." The parkway requirements include a 90 -foot buffer width adjacent to the Central Boulevard and Donald Ross Road rights -of -way, and the provision of meandering sidewalks and supplemental landscaping in this area. The proposed parkway buffer includes a 12 -foot multi -use pathway and upland preserve, consistent with the City's LDRs. Li,zhti The applicant has provided an updated master lighting plan for the entire PUD, which is still under review by the City Engineer. Lighting impact on adjacent properties from commercial uses should be minimized. The Town of Jupiter has expressed concerns about lighting spillover and glare, particularly from the proposed gas station. The Town Staff has provided City staff with a copy of Jupiter's lighting requirements, including a condition that canopy lighting for the gas station be recessed from view to minimize glare. The City has encountered this concern at other locations previously, and has included similar recommendations as part of the adopting ordinance. Lighting spillover between commercial and residential areas within the project shall also be addressed. As a result, a condition of approval has been included in the adopting ordinance requiring that the lighting under the service station canopy be recessed or shielded and that the light source not be visible from the road right -of -way. Footcandles under canopy shall not exceed the average of 55- foot - candles. Drainage The subject site is a Northern Palm Beach County Improvement District Unit of Development. The Date Prepared: January 17, 2003 Meeting Date: February 6, 2003 Ordinance 53, 2002 Master Plan of the PUD includes a 4.5 -acre stormwater management pond on the south side of the property. A conceptual drainage plan has been submitted and the City Engineer has no outstanding concerns or issues with the drainage plan. CPTED- Compliance The Police Department has reviewed the master site plan and has provided staff with several comments pertaining to security on site and adherence to the principles of Crime Prevention Through Environmental Design (CPTED). A major concern for police is security within the parkway buffers and preserves due to heavily wooded areas being maintained on site. Also, the site is unique in that portions of the commercial areas may not be directly visible from the adjacent rights -of -way due to the preserve areas and parkway buffering. This design could hinder the police surveillance from the right -of -way. The Police Department has made CPTED recommendations, which staff has incorporated into conditions of approval. The applicant shall work with the Police Department and the City Forester to ensure that adequate surveillance is achieved while maintaining the integrity of designated preserve areas. A condition of approval will ensure that this happens. Phasing The applicant proposes that the development of the entire site occur in two phases. The initial approval of the PUD (this application) would include all square- footage and residential units permitted on site, including site planning and architecture for Parcels A, B, C, D, F, G and I and the residential community. Parcels H and J shall be reviewed as "Phase II" applications at a future date to include site and landscape plans, building elevations and floor plans. Subsequent phase approval shall be considered an amendment to the PUD and shall require public hearings. Waivers The applicant has requested a waiver to the Minimum Foot Candle requirement of IO foot- candles. Staff is conditionally recommending approval of the waiver request. The applicant shall be required to provide for shielding and or recessed lighting to minimize glare off -site from the increased footcandles at the proposed service station. Staff has added a condition of approval to address this concern. The applicant has also requested waivers from the Sign Code to allow for one (1) additional principal tenant sign for Building A, one (1) wall sign on the east elevation of Building F, one (1) wall sign on the south elevation of Building C, one (1) wall sign on the south elevation of Building D, one (1) wall sign on the west elevation of Building G, and one (1) wall sign on the east elevation of gas station/convenience store. The additional requested signage is required to provide for safe access to the buildings and avoid confusion within the vehicular areas surrounding the buildings. Waivers W Date Prepared: January 17, 2003 Meeting Date: February 6, 2003 Ordinance 53, 2002 granted for signage for Phase I do not apply to Phase H. The applicant is requesting a waiver from the required minimum 25% vertical integration of residential high uses over non - residential uses within a Residential Mixed -Use development to allow for non - vertical integration of housing from non - residential structures. Staff is recommending approval of waiver request for the non - vertical integration of residential uses with non - residential uses. The applicant has demonstrated sufficient internal horizontal integration of the site, including connecting plazas, open space, pergolas, pedestrian walkways and gathering places connecting the various uses. Furthermore, the applicant shall be required to demonstrate 51% of Phases I and II with a "two- story" character, thus emphasizing the appearance of vertical integration on -site. A waiver from Section 78 -364 requiring the provision of at least one loading space for each non- residential building on site is also requested. Code requires 15 spaces for the entire site. Eleven spaces are required for Phase I, but the applicant is proposing eight. Since the site is a mixed use project, the provision of one loading space per non - residential building appears adequate. The applicant is also requesting a waiver from Section 78- 250(a)(3) to allow for less than 100 feet width of upland preserves along Military Trail. Since the upland preserve serves as a natural buffer along adjacent rights -of -way, there is substantial public benefit by this design. A waiver from Section 78- 250(a)(2)(b) to allow for a "no cut" utility easement with the upland preserve buffer for Florida Power and Light (FPL) along Donald Ross Road. The FPL lines will be placed under the meandering sidewalk with minimal or no disturbance to the upland preserve along Donald Ross Road. The Code requires that preserves be maintained without infringement by drainage or utility easements. The applicant has provided justifications for the waiver requests. Please see attachment. RESIDENTIAL Building and Architecture The applicant is proposing to provide for two residential building types. The types consist of a two - story building/model and a three -story model with two -story units on both ends. All buildings shall be subdivided into fee simple lots. Private ownership shall extend to land areas in front of and behind the building footprint. Remaining common open space is to be owned and maintained by the homeowners association. Building Type A consists of a six -unit two -story building; Building Type B consists of an eight -unit three -story building. The maximum height for buildings with three story units is 36 -feet. All units have garages, with garage doors located on the front elevations. The proposed exterior is stucco with banding and barrel tile roof. Additional tile accents and white railings are also proposed on the front 10 Date Prepared: January 17, 2003 Meeting Date: February 6, 2003 Ordinance 53, 2002 and rear elevations. Mixed -Use Concept The land -use designation for the residential portion of Donald Ross Village is Mixed -Use. Although the applicant has requested a waiver from the Code requirements for vertical integration of residential with commercial and office, the applicant must still provide for site planning that provides for horizontal integratio n of the residential and non - residential uses. The applicant has attempted this integration at various locations. The primary site planning feature connecting the residential and non - residential areas involves a pedestrian walkway connecting the plaza between commercial buildings A and B and an overlook on the 4.5 -acre lake, located on the southern end of the site. Between these two points, the pedestrian -way interacts with additional plazas, mail kiosks, gazebos, pergolas, and the pool area. The applicant is proposing no additional entry points between the residential and non - residential areas, with the exception of sidewalks located at the vehicular entrance. The access point between the residential and non - residential areas shall be gated with key card access. Pedestrian connection to the William T. Dwyer High School to the south of the subject site shall be provided via the existing sidewalk on Military Trail. Access and Circulation The applicant has requested a waiver to allow for on- street parking within the residential component of the PUD. This is further discussed in the parking section of this report. The applicant is proposing one gated entry with a turnaround area. The site plan indicates a bus shelter for the use of school children residing in the community. A design of the proposed shelter shall be submitted to the City Council for review and approval as part of the entry feature and signage program application at a later date. Parkin The applicant has provided for 563 parking spaces on site while the LDRs require 492 parking spaces on site for the residential portion of the PUD. This includes three parking spaces per unit for 156 three- bedroom units, and 5% guest parking required for multi - family use. Ninety -five parking spaces will be provided along the internal streets of the PUD (on- street parking), 312 will be garage parking spaces, and 158 will be driveway parking spaces. The applicant has requested 14.4% more parking than the Code allows, which is beyond the 10% increase allowed by Code. The applicant has requested a waiver from this Code requirement. The applicant's justification includes the fact that many units have "Tandem Garages" (one car wide, two cars deep) that, while providing for two spaces, may be more difficult to utilize because one car must 11 Date Prepared: January 17, 2003 Meeting Date: February 6, 2003 Ordinance 53, 2002 always block another within the garage. To plan for the potential parking shortfalls that may be created due to this design, the applicant has provided additional parking above the 10% permitted by the LDRs. A portion of the parking provided on -site shall occur as on- street parking. The applicant must request a waiver for on- street parking. It should be noted that the "mixed -use" overlay zoning requires the integration of on- street parking as part of the overall "community design." All driveways are proposed with a paver -brick surface; on- street parking shall be paved with asphalt and striped to the dimensions required by the LDRs. Landscaping The applicant has provided a streetscape and common area "planting" plan for the residential area. The applicant is proposing a combination of palms and small street trees to avoid potential conflicts with utility lines. Seacoast has reviewed the landscape plans and has no concerns regarding conflicts between landscaping and utility lines at this time. Lighting Street lighting shall be consistent with those used within the non - residential portion of the mixed -use development. The applicant shall be required by condition of approval to provide cut sheets and elevations as part of the master signage application, to be submitted to the City at a future date. Drainage Drainage from the residential portion of the mixed -use project shall utilize overall drainage facilities on site. The 4.5 -acre lake along the southern boundary of the residential portion of the development shall service stormwater management requirements on site, as well as providing for a water amenity for the residential community. Waivers The applicant is requesting a waiver from the maximum permitted parking requirement to allow more than 10% additional parking than what is required within the residential portion of the site. The applicant is proposing 14.4% additional parking, beyond the 10% Code requirement. Staff supports the waiver due to the unique garage design. Additionally, the applicant has provided for additional open space, above and beyond code requirement to mitigate the additional impervious surface created by the extra parking. The applicant has also requested two additional waivers from the minimum parking stall width requirement often (10) feet and off - street parking to allow nine (9) foot parking stalls and allow on- street parking within the residential portion of the PUD. The code specifically requires a ratio of 1.5 12 Date Prepared: January 17, 2003 Meeting Date: February 6, 2003 Ordinance 53, 2002 square feet of additional open space for each square foot of parking area that is reduced. The applicant has provided the calculations to demonstrate the justification for the waiver. Staff supports the waiver since the mixed -use concept requires on- street parking. By providing the nine -foot wide parallel parking spaces on the street, the applicant is promoting the mixed -use concept, as detailed in the comprehensive plan, and is also providing for convenient and accessible guest parking for visitors to the community. The City has already approved nine (9) foot parking stall width spaces for Parcel "A ", the multi- family portion, within the Gables Planned Community Development (PCD) and Parcel "D ", multi- family development, within the Mirasol PCD. The City has also approved on- street parking for the single - family portion of the Gables PCD. The applicant is also requesting a waiver from prohibition of any improvements within a lake maintenance easement to allow for a removable fence to be located within the Canal Maintenance Easement. Staff supports the waiver request since the structure is removable and there is sufficient clearance on either side of the promenade to allow for mechanical equipment to maneuver adequately through the Lake Maintenance Easement. Lastly, the applicant is requesting a waiver from the prohibition of the issuance of building permits prior to recordation of the plat to allow for dry model permits, prior to plat approval. Staff supports the waiver request since the applicant has agreed to a condition of approval requiring a letter of credit submitted to the City equal to a total of 1/3 of the hard costs of construction of all of the proposed models. The applicant has submitted a waiver justification statement. Please see attachment. OUTSTANDING CONCERNS Convenience Store with Gas Sales within a Residential Mixed -Use Planned Unit Development Overlay Zoning District As part of this application, the applicant is proposing a 3,236 square foot Convenience Store with Gas Station. In regards to its location, the Planning and Zoning Commission indicated that it was preferable to have the service portion of the use interior to the site (i.e. flip the store and the service pump locations). In staff's professional opinion, the use is in conflict with the location of the upland preserves on site and should be moved to another location on the site (northeast corner of the site); however, staff would accept the Planning & Zoning recommendation as a compromise on this issue. The applicant is justifying this use by indicating that this is located within a commercial land -use, that the mixed -use planned unit development is only an overlay zoning that has the flexibility to 13 Date Prepared: January 17, 2003 Meeting Date: February 6, 2003 Ordinance 53, 2002 provide for a variety of uses, including convenience store with gas sales, and that the applicant has provided staff with a breakdown of mixed use land allocation separately for both the commercial and mixed -use land -use parcels, consistent with the comprehensive plan. PLANNING AND ZONING COMMISSION RECOMMENDATION On November 26, 2002 meeting, the Planning and Zoning Commission held a public hearing and recommended approval of this project with conditions, including the elimination of the ingress at the gas station through the preserve off of Donald Ross Road. The vote was 6 -0. CITY COUNCIL WORKSHOP The City Council held a workshop on January 16, 2003, and indicated that the applicant may pursue the off -site mitigation alternative in the future provided that the master plan of the proposed PUD is acceptable to the City Council. Town of Jupiter Notification Staff has notified the Town of Jupiter of the First Reading and provided the Town with copies of the staff report and the ordinance. STAFF RECOMMENDATION Staff recommends conditional approval of Ordinance 53, 2002, along with the eleven waivers requested for both the residential and non - residential components of this site. 14 0 0, Of W 0 >4 $4 >4 $4 m 4.) to to ­1 4.) (d wo VI > CA,, LJFW'�W:207-2 &RAN u M-M ------------------ ------------ k 4-V A :JG! t v X W. U U, M 111IL-11 46 a & 6 • I X06 LU g -. 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O 0 0 -1 cn 0 0 0 co 0 0 co .: u .: � , c,j �'j , ci - , 0 09 0 a 0 u m 0 HoBobf--E—]Y� RE ----------- j 0 ------------- ---------- ---------- Oo OK 0 L. 0-' 0 0 ID Lo O O za ox P. O 0 0 -1 cn 0 0 0 co 0 0 co .: u .: � , c,j �'j , ci - , 0 agV mn Kowa v e 2NI RJW0g 3v J2 )o, {3 \/ : 2: \// --- - - - - - - » [ ( C) \ \ / / / / / \ / \ \\ ) \ / ` : M -�- -�- -.- > y-- - - - - -, cj G / )}} \ / Qme :------ - - - - -- -- 0@» 00C) )o, {3 \/ : 2: \// --- - - - - - - » [ ( C) \ \ / / / / / \ / \ \\ ) \ / ` : M -�- -�- -.- > § \ j \ / cj G / )}} \ / Qme 0@» 00C) § \ j \ / Date Prepared: January 17, 2003 CITY OF PALM BEACH GARDENS, FLORIDA ORDINANCE 53, 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A REZONING FROM PLANNED DEVELOPMENT AREA TO MIXED USE PLANNED UNIT DEVELOPMENT TO BE KNOWN AS THE DONALD ROSS VILLAGE AND APPROVAL FOR 156 MULTI - FAMILY RESIDENTIAL UNITS, 93 -ROOM HOTEL, 9,000 SQUARE FEET OF PROFESSIONAL (BUSINESS) OFFICE, 3,236 SQUARE FEET OF GAS /CONVENIENCE STORE, 4,000 SQUARE FEET OF BANK, 14,873 SQUARE FEET OF DRUG STORE, 13,000 SQUARE FEET OF RESTAURANT USE, 2,400 SQUARE FEET OF OUTDOOR SEATING AREA FOR RETAIL, AND 88,987 SQUARE FEET OF RETAIL USES ON AN APPROXIMATELY 45 -ACRE SITE GENERALLY BOUNDED BY DONALD ROSS ROAD TO THE NORTH, CENTRAL BOULEVARD TO THE WEST, AND MILITARY TRAIL TO THE EAST; PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City received petition PUD -0 1 -14 from Urban Design Studio, agent, for a rezoning from Planned Development Area to Mixed Use Planned Unit Development to be known as the Donald Ross Village and approval for 156 multi - family residential units, 93 -room hotel, 9,000 square feet of professional (business) office, 3,236 square feet of gas /convenience store, 4,000 square feet of bank, 88,987 square feet of general retail, 13,000 square feet of restaurant use, 2,400 square feet of outdoor seating area for retail, and 14,873 square feet of drug store on an approximately 45- acre site generally bounded by Donald Ross Road to the north, Central Boulevard to the west, and Military Trail to the east, as more particularly described in Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the subject site is zoned Planned Development Area and has land -use designations of Commercial and Mixed Use; and WHEREAS, the gas station/convenience store has been reviewed as a conditional use and has met the conditional use criteria, per Section78 -52 of the City's Land Development Regulations; and WHEREAS, the Growth Management Department reviewed said petition and determined that it is sufficient and consistent with the City's Land Development Regulations and the Comprehensive Plan; and WHEREAS, the Planning and Zoning Commission held a public hearing on November 26, 2002, and recommended conditional approval of the Donald Ross Village Mixed Use Planned Unit Development; and Date Prepared: January 17, 2003 Meeting Date: February 6, 2003 Ordinance 53, 2002 WHEREAS, the City Council has determined the adoption of this Ordinance to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2: The City Council of the City of Palm Beach Gardens, Florida, hereby approves a rezoning from Planned Development Area to Mixed Use Planned Unit Development to be known as the Donald Ross Village PUD and approves 156 multi - family residential units, 93 -room hotel, 9,000 square feet of professional (business) office, 3,236 square feet of gas/convenience store, 4,000 square feet of bank, 88,987 square feet of general retail, 13,000 square feet of restaurant use, 2,400 square feet of outdoor seating area for retail, and 14,873 square feet of drug store on an approximately 45- acre site generally bounded by Donald Ross Road to the north, Central Boulevard to the west, and Military Trail to the east, as more particularly described in Exhibit "A." SECTION 3: The City Council of the City of Palm Beach Gardens, Florida hereby approves the following eleven waivers: 1) A waiver from Section 78 -285 of the City Code to allow for one (1) additional principal tenant sign for Building A, one (1) wall sign on the east elevation of Building F, one (1) wall sign on the south elevation of Building C, one (1) wall sign on the south elevation of Building D, one (1) wall sign on the west elevation of Building G, and one (1) wall sign on the east elevation of gas station/convenience store. Section 78 -285 allows only one (1) wall/tenant sign per tenant or per bay and must face right -of -way or primary entrance; 2) A waiver from Section 78 -157 of the City Code to allow for non - vertical integration of housing units with non - residential structures. Section 78 -157 requires a minimum of 25% of net building area of structures allocated for neighborhood commercial uses to be designated for residential use; 3) A waiver from Section 78 -182 of the City Code to allow for an average of 55- foot - candles underneath convenience store /gas service canopy. Section 78 -182 allows only a maximum of 10- foot - candles; 4) A waiver from Section 78 -563 of the City Code to allow for a removable fence within the Lake Maintenance Easement. Section 78 -563 prohibits the placement of any kind of improvement within the easement; 5) A wavier from Section 78 -341 of the City Code to allow for on- street parking within the residential portion of the PUD. Section 78 -314 does not provide for on- street parking; 6) A waiver from Section 78 -344 of the City Code to allow for nine (9) foot wide parking spaces for ninety -five (95) spaces within the residential portion of the PUD. Section 78 -344 requires a width of ten (10) feet; 2 Date Prepared: January 17, 2003 Meeting Date: February 6, 2003 Ordinance 53, 2002 7) A waiver from Section 78 -345 of the City Code to allow for an additional 14.4% of parking over and beyond the minimum required by Code for the residential portion of the PUD. Section 78 -345 requires a waiver for the number of parking spaces equal to or exceeding 10% of the minimum required number of parking spaces; 8) A waiver from Section 78 -441 of the City Code to allow for the granting of building permits for dry models prior to plat approval. Section 78 -441 requires plat approval prior to issuance of building permits; 9) A waiver from Section 78 -364 of the City Code to allow for eleven (11) loading spaces. Section 78 -364 requires a total of seventeen (17) loading spaces on site based on the square footage of each individual non - residential building; 10) A waiver from Section 78- 250(a)(3) of the City Code to allow for a width of fifty -five (55) feet for upland preserves. Section 78- 250(a)(3) requires a minimum of 100 feet; and 11) A waiver from Section 78- 250(a)(2)(b) of the City Code to allow for a utility easement within upland preserves along Donald Ross Road. Section 78- 250(a)(2)(b) does not allow for the placement of easements within upland preserves. SECTION 4: Said Planned Unit Development is approved subject to the following conditions, which shall be the responsibility of the applicant, its successors or assigns: Build -Out Date 1) The build -out date for this development is December 31, 2003. All infrastructure and common area landscaping shall be completed for the commercial and residential uses prior to this date. (Planning and Zoning) Temporary Trailers 2) Any trailers used on site for construction, security or marketing/sales purposes shall meet the requirements set forth in Section 78 -159 of the Land Development Regulations. (Planning and Zoning) Temporary Signs 3) The applicant shall be permitted one 36 square -foot temporary development sign per right -of- way frontage (for a maximum total of three). Any additional temporary development signs shall require separate approval by the City Council. (Planning and Zoning) Master Sign Plan 4) Prior to the issuance of the first Certificate of Occupancy for any structure on site, the applicant shall submit an application for and receive approval from the City Council for a detailed master sign package for both the residential and non - residential portions of the site. 3 Date Prepared: January 17, 2003 Meeting Date: February 6, 2003 Ordinance 53, 2002 The master sign plan shall include wall signs and monument signs proposed for the commercial uses on site, as well as entry features, address numbers and building numbers for the residential uses on site. The master sign plan shall also include directional signs, traffic regulatory signs and building directory signs. Neon signs and internally illuminated aluminum channel wall signs shall not be permitted. Backlit reverse channel wall signs and soffit signs may be permitted. (Planning and Zoning) Gateway Sign 5) If the City Council makes a decision on the specific location(s) and design of the City entryway signs, applicable to the Donald Ross Village PUD, the applicant shall file an administrative amendment petition with the Growth Management Department to modify the location(s) of the proposed monument signs at the Donald Ross Village PUD in accordance with the City Council decision. The specific locations may include the southwest corner of Donald Ross Road and Military Trail, and the southeast corner of Central Boulevard and Donald Ross Road within the Donald Ross Village PUD property. The applicant shall construct and maintain said entryway sign(s) within twelve (12) months of the City Council's approval of the entryway sign plan. (Planning and Zoning) Future Site Plans For Phase II 6) Future site plans for the Hotel and Future Retail Development Area shall be reviewed as major amendments to the Planned Unit Development, in accordance with Section 78- 49(b)(7) of the Land Development Regulations. (Planning and Zoning) 7) Future site and architecture plans for parcels within Phase U shall comply with the architectural guidelines set forth by this Ordinance, as exhibited in attached Exhibit `B." (Planning and Zoning) 8) Future site plans for parcels within Phase H shall substantially comply with "build -to streetline" standards (building footprint having a zero -foot setback to spine road sidewalk), as exhibited in attached Exhibit "C ", to enhance "main street" environment in this location. (Planning and Zoning) Art in Public Places 9) The applicant shall be required to provide Art-in- Public Places should construction costs exceed $1 million, pursuant to the Land Development Regulations. All public art shall be reviewed and approved by the Art Advisory Board. If the applicant is proposing to provide art on site to meet the Art in Public Places requirement, then the art shall be approved and installed prior to issuance of the final commercial Certificate of Occupancy for Phase I. (Planning and Zoning) 2 Date Prepared: January 17, 2003 Meeting Date: February 6, 2003 Ordinance 53, 2002 Right -of Way Landscaping 10) The median and adjacent shoulder landscaping and irrigation for Donald Ross Road, Military Trail, and Central Boulevard shall be installed and completed within six months from the issuance of the first clearing permit. (City Forester) 11) The petitioner, successors and assigns shall be responsible for their fair share for the landscape, irrigation, and maintenance of the median and adjacent roadway shoulder landscaping for Donald Ross Road, Military Trail and Central Boulevard per Ordinance 36, 2002 (aka Roadway Beautification Plan). (City Forester) 12) Detailed Landscape Plans referenced in Condition # 10 shall be prepared by the applicant based on the City Roadway Beautification Plan, and shall be submitted to the City for staff review no later than ninety (90) days after the effective date of this development order. (Planning and Zoning) 13) Prior to the issuance of the first building permit, the applicant shall place monies, in an amount equal to 110% of the cost of the landscape improvements referenced in Condition # 10, in an escrow account established by the applicant to be used by its successors or assigns to complete the project. In the event the City of Palm Beach Gardens, or another entity, forms a special district pertaining to the landscape maintenance of contiguous rights -of -way, then the Donald Ross Village property owners association, successors or assigns shall automatically become a member of such special district. This condition may be amended at any time by a separate agreement between the applicant and the City Palm Beach Gardens (Planning and Zoning). Environmental 14) Within thirty (30) days of the effective date of this Ordinance, the applicant shall submit a restoration plan for the two (2) disturbed wetlands located at the northwest corner and southeast corner of the subject site. (Planning and Zoning) 15) No land alteration/clearing shall be allowed until all issues have been satisfied with the Florida Fish and Game Commission regarding the relocation of Gopher Tortoises on or off site. (Planning and Zoning) 16) 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 such areas are identified and protected pursuant to City Code. (Planning and Zoning) Date Prepared: January 17, 2003 Meeting Date: February 6, 2003 Ordinance 53, 2002 17) Prior to the platting of the preserve areas, an upland preserve maintenance plan shall be submitted to the City for review and approval by the City Engineer, City Attorney and the City Forester. (Planning and Zoning) Dedications and Improvements 18) All sidewalks within the parkway easements not located within the road rights -of -way shall be dedicated as public access easements and shall be maintained by the master property owners association prior to issuance of the first commercial Certificate of Occupancy (Planning and Zoning). Police Department/CPTED Design 19) Numerical addresses shall be located on all buildings and illuminated for nighttime visibility. (Planning and Zoning, Police) 20) Parkway and preserve paths shall maximize natural surveillance of the pedestrian users through the selective vegetative management practices. Adjacent to parkway and preserve multi -use pathways, ground cover shall be no higher than 24 inches and trees having a minimum of seven foot clear trunk space shall create a natural surveillance. Additional measures may be required by the Police Department per CPTED. (Planning and Zoning, Police) 21) Prior to issuance of the first non - residential Certificate of Occupancy, all multi -use pathways and/or sidewalks adjacent to preserves shall be reviewed and approved by a CPTED certified police officer with the City. (Planning and Zoning, Police) 22) All pedestrian walkways on site, including parkway multi -use pathways and sidewalks within rights -of -way, shall be lit at minimum no less than .6 foot - candles with 14 -foot high pedestrian scale lighting, to be of similar design to the parkway lighting used within the Mirasol/Jog Road parkway corridor. (Planning and Zoning, Police) 23) Prior to issuance of Certificate of Occupancy for the financial institution, a CPTED certified police officer shall inspect the structure for compliance with CPTED principles, as outlined in the Police Department memorandum dated February 1, 2002, exhibited in "Exhibit D." (Planning and Zoning, Police) 24) Prior to the issuance of the first residential building permit, a CPTED certified officer shall review construction plans for compliance with CPTED principles, including but not limited to strike hardened doors, peep - holes, telephone line connection box within garage, building lighting and lighted address and building numbers. (Planning and Zoning, Police) R Date Prepared: January 17, 2003 Meeting Date: February 6, 2003 Ordinance 53, 2002 25) The height of all light poles along the parkway buffer shall not exceed 14 feet in height and shall be metal halide. All lighting shall not conflict with landscaping. (Planning and Zoning, Police) Fire Department 26) Prior to the issuance of the first Certificate of Occupancy for three story residential buildings, the Fire Marshall shall inspect the units for fire sprinkler installation, as required by City Ordinance. (Fire Department) Service Station Lighting 27) Lighting for the service station canopy shall be recessed and shielded or shall contain a cutoff luminaire within the structure or fixture in which it is located. The lighting source shall not be visible from adjacent properties or rights -of -way. The maximum foot - candle for the service station is fifty -five (55). (Planning and Zoning) Uses Permitted 28) Uses permitted within the non - residential buildings on site shall be consistent with the permitted use table attached to this Ordinance as "Exhibit E." Any use hereby not approved which is identified as a conditional use by the City's LDRs must undergo conditional use analysis and review and be approved by the City Council. Any medical office use on site shall be required to undergo an administrative review, including a parking analysis and a traffic equivalency statement consistent with the approved traffic concurrency, to be approved by the Growth Management Director. (Planning and Zoning) 29) Prior to the issuance of each building permit for interior renovations of any non - residential use approved on site, the applicant or its agent shall submit a breakdown by use of the gross square footage for lease of all buildings containing non - residential uses for approval by the Planning & Zoning Division. The petitioner shall conform to the approved non - residential uses, the percentages thereof, and the total square footage of each approved use for Parcel 4.04 of the PUD as reflected in Exhibit "G." (Planning & Zoning). 30) The total square footage allocated for restaurant use shall not exceed 25% of total approved square footage for the entire PUD, excluding the square footage approved for the two restaurants located at Buildings C and D. (Planning and Zoning) Disclosure 31) Prior to the issuance of the first residential' building permit, except model homes, the master property owners association documents and restrictions shall be furnished by the applicant to 7 Date Prepared: January 17, 2003 Meeting Date: February 6, 2003 Ordinance 53, 2002 the City Attorney for review and approval prior to such documents being recorded in the Public Records of Palm Beach County. (City Attorney) 32) Prior to issuance of the first building permit, the petitioner shall submit to the City Attorney and the Planning and Zoning Division documents demonstrating unity of control by the petitioner or the property owners association over the entire PUD. (City Attorney and Planning and Zoning) 33) Prior to issuance of the first residential Certificate of Occupancy, the petitioner shall provide to the City Attorney the master property owners association documents containing language disclosing the proximity of the residential area to the commercial buildings, including buildings H and J. (City Attorney) Residential Signage, Lighting and Accessory Buildings 34) Within ninety (90) days of approval of this ordinance, the applicant shall submit for City Council review and approval an application including details and site plans of the residential sign program, entry features, and all accessory buildings, including gazebos, and lighting for the residential portion of the PUD. (Planning and Zoning) Temporary Dumpsters 35) The applicant shall be permitted two (2) temporary dumpster locations on Parcel H, to allow for refuse collection for Buildings A and B. The temporary dumpster locations shall be removed upon construction of the access roads on this parcel or no later than 12 months after the issuance of the final certificate of occupancy for the non - residential portion of Phase 1, whichever comes first, at which time the dumpsters shall be re- located to the permanent location indicated on the master site plan or as amended with the Phase II site plans for Buildings H and J. The dumpsters shall be screened with a material consistent with the architecture of Buildings A and B and shall be located in a landscaped area. (Planning and Zoning) DD-Model Permits prior to Platting 36) The applicant shall post surety prior to the issuance of a building permit for the model homes for the purposes of demolition and lien protection to remain in effect until the plat is recorded. The amount of the letter of credit shall equal a total of 1/3 of the hard costs of construction of all of the proposed models, as exhibited in the attached Exhibit "C." No more residential permits shall be issued until the residential portion of the PUD is platted. (City Engineering) Date Prepared: January 17, 2003 Meeting Date: February 6, 2003 Ordinance 53, 2002 Off -Site Mitigation 37) No land alteration/clearing shall be allowed for the hotel site until the City has approved an off -site mitigation plan for the 1.69 acres of upland currently reflected on the approved PUD Master Plan as "Reserve/Preserve." (Planning and Zoning) 38) Should the applicant pursue an off -site mitigation for the 1.69 acres of upland preserve, currently reflected as Reserve Preserve on the hotel site, said off -site mitigation shall be approved by a separate instrument. The final approved PUD Master Plan by this Ordinance shall be made consistent and replaced with the Master Plan reflected on Exhibit "F ", attached hereto and incorporated herein, once the off -site mitigation is approved by the City Council. (Planning and Zoning) SECTION 5: The subject Planned Unit Development shall be in compliance with the following plans on file with the City's Growth Management Department: 1. January 17, 2003 Master Plan by Urban Design Studio. Eleven sheets. 2. January 17, 2003 Landscape Plan by Urban Design Studio. Ten sheets. 3. July 26, 2002 Buildings A and B Roof and Floor Plan by Oliver Glidden & Partners. Sheet A -1. 4. July 24, 2002 Buildings A and B Elevations by Oliver Glidden & Partners. Sheet A -2. 5. August 15, 2002 Building C Roof, Floor and Elevation Plans by Oliver Glidden & Partners. Sheet A -6. 6. August 15, 2002 Building D Roof, Floor and Elevation Plans by Oliver Glidden & Partners. Sheet A -7. 7. November 7, 2002 Building F Roof, Floor and Elevation Plans by Oliver Glidden and Partners. Sheet A -4. 8. August 15, 2002 Building G Roof, Floor and Elevation Plans by Oliver Glidden and Partners. Sheet A -5. 9. August 15, 2002 Building I Roof, Floor and Elevation Plans by Oliver Glidden and Partners. Sheet A -3. 10. August 14, 2002 Townhome Roof, Floor and Elevation Plans by Wolff- DeCamillo and Associates. Seven sheets. 11. January 17, 2003 Conceptual Engineering Plan by Schaefer Fagan & Cooper, Inc. One sheet. 12. January 17, 2003 Photometric Plan by Urban Design Studio. One sheet. SECTION 6: All Ordinances or Parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 7: If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. L Date Prepared: January 17, 2003 Meeting Date: February 6, 2003 Ordinance 53, 2002 SECTION 8: This Ordinance shall become effective immediately upon adoption. PASSED, FIRST READING this day of , 2003. PASSED, SECOND READING this day of , 2003. PASSED, ADOPTED AND APPROVED this day of , 2003. SIGNED: MAYOR JABLIN COUNCILMEMBER CLARK VICE MAYOR SABATELLO COUNCILMEMBER RUSSO ATTEST: PATRICIA SNIDER, CITY CLERK VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO G :tbenothman/pud- 01- 14- p &z -str -2 10 COUNCILMEMBER DELGADO I HEREBY CERTIFY that I have approved this ORDINANCE as to form. LEONARD RUBIN CITY ATTORNEY AYE NAY ABSENT Date Prepared: January 17, 2003 Meeting Date: February 6, 2003 Ordinance 53, 2002 EXHIBIT A (Next Page) 11 FILE No.748 12/09 '02 11.40 ID :URBAN DESIGN STUDIO FAX :561 689 0551 PAGE 2/ 2 ., EXNI:BIT Parcel 4.02 A parcel of land lying in Section 25, Township 4 South, Range 42 East, Palm Beach County, Florida, and being more particularly described as follows'. Beginning at the intersection of the South right of h oline � 8 �0 4oWast along said Easttright aof right of way line of Central Boulevard; thenco South way line of Central Boulevard (the East right of way line ferenced hereiBoulevard n are relativeathret ),t a bear South oo° 48' 04" West and all other �eartngs ent curve having distance of 839.86 feet to a non - tang 2$a t8al bearing Thence proceed Easterly and West, a radius of 840.06 feet, and a central angle of S6 24 feet to the end of said curve to a Northerly along the are of said curve, a distance of 1, 267 rit of way line of Donald Ross Road, thence North 89* 50' G point on said South gh the POINT OF BEGINNING of along said South right of way line, a distance of 77 of way the 'herein described parcel. LESS AND EX'CEP 76 G THEREFROM 4 of 1'almaBea h tCounty, described in Official Records Book 9567, page , Florida. Parcel 4.04 A parcel of land situate in Section 25, Township 1 South, Range 42 Fast, Palm Beach County, Florida, and being more particularly described as Commencing at the intersection of the South right of way line o3 Donald a along said and the E st right of way line of Central Boulevard; thence South 89 of way line (the South right of way tine of Donald Ross Road etetos a distance of 776 97 feet Gto the East and all other bearings referenced herein are relate ) POINT OF BEG)NNING of the herein described parcel, oath POINT 04" EGrNNI G also being on a non - tangent curve having a radial bearing f N long the 840.06 feet, and a central angle of 860 25' 411 "; thence proceed a southerly curveand point Westerly the Fast arc of said curve, a distance of 1,267.22 feet to the end 47' West of right of way line of Central Boulevard; thence South o0* North 0lin of thelW�l am pwyergl -sigh way line, -a distance of 429.42 feet to a Paint an t School Site as described in Official Records Book 5889, page 534; thence South 89° 51' 04" East, along said North line, a distance of 1,570.56 feet to a point on the West right of way line of Military Trail; thence North Ol° 22' 09" EeIst, along said West ld right of way Ross Roacl;lthencedNarth 89f 1,269.01 feet to a point on the South right of way line of Donald POINT Of 50' 03" West, along Said South right of way line, XC>✓PTfNG TfHEREF1tOM the right BEGINNING of the herein described parcel. LESS AND G,e 1746 public records of Palm Beach of way described in Official Records Book 7483, page , P County, Florida. Date Prepared: January 17, 2003 Meeting Date: February 6, 2003 Ordinance 53, 2002 EXHIBIT B (Next Page) 12 EXHIBIT B DESIGN GUIDELINES DONALD ROSS VILLAGE PUD September 19, 2002 A) Roof treatments may include flat, gable or hip roofs. The gable and/or hip roofs shall include three -color blend of concrete "S" tile to match the three -color tile blend of the previously submitted commercial buildings. B) Building colors allowed shall match the colors of the previously submitted commercial buildings. C) Metal trim work shall match the color of the previously submitted commercial building. D) Building awnings match the colors of the previously submitted commercial buildings. E) Alternate colors may be approved if combined in a unified fashion and approved by the Growth Management Director or his designee. F) Common architectural elements shall include: • Concrete block construction with textured stucco • A minimum of 50% of the building perimeter shall have a pitched roof with 3 color -blend concrete 'S' tile. • Imitation wooden outlookers at fascia lines of pitched roofs at raised building mass element. • Simulated stone cornice treatment at remaining roof parapet wall and pitched roof fascia lines. • Raised building mass and pitched roof with breaks in wall plane at building entrances and along facades exceeding 100'. • Periodic horizontal raised banding at intermediate wall planes. • Periodic accent tile medallions and banding • Multi- paneled windows • Fabric awnings at selected windows. G) Tenant and building identification signage shall conform to approved PUD signage program. Date Prepared: January 17, 2003 Meeting Date: February 6, 2003 Ordinance 53, 2002 EXHIBIT C (Next Page) 13 tj usl ggu as IN •ouo e pus ;ulad 155TAlb�lnd �N oouv�j I t1 fill gpla0ld 'suopmag y0ueg wled 1 �i � ' X11 1 b0/Z0'10 100agd "V 0681HAssom Pisuoa 3 ZIUIHX:4 6 -d 39tid TSSO 689 T99 :XOJ OIanIS N9IS3Q NC88n:QI £0:9T ZO, S02T LZG' °N TII3 1 Date Prepared: January 17, 2003 Meeting Date: February 6, 2003 Ordinance 53, 2002 EXHIBIT D (Next Five Pages) 14 ow i EXHIBIT D Inner - Office Memorandum To: Ed Tombari, Growth Management Department y From: Lieutenant Jay Sp Vrand Officer E. Lovejoy Ref: Parcel 4.02 & 4.04 (Center Fund) MXD Use PUD Date: 2/01/02 1. Will need to provide a detailed photometric plan. 2. Lighting locations should not conflict with landscaping (to include long term tree canopy growth). 3. Metal Halide lighting should be used for all street and pedestrian walkways. 4. Buildings lighting (non - glare) should be around perimeter of all sides and on pedestrian sidewalk surrounding the buildings. 5. Provide lighting for entrance sign. 6. Numerical address on all buildings: a. Needs to be illuminated for nighttime visibility. b. Must have bi- directional visibility from the roadway. 9. Landscaping should not obstruct view from windows or walkways. 10. All perimeter doors should be equipped with hinges that utilize non- removable hinge pins. 11. All strike areas of perimeter doors should be equipped with reinforced, case hardened strike plate. VW i EXHIBIT D 12. Site plan does not indicate sidewalk leading to and from center. Northmil Plaza is a good example for this if you want to visit there. 13. The rear doors to the buildings should be equipped with a peephole viewer. 14. All stairways should provide open views. 15. Bank security needs: • Height markers at main exit doors. • Install alarm system. • For potential criminal activity detection, a high resolution color digital video camera system with monitoring and photo processing printout capabilities shall be installed above exit doors and teller counters and the drive -thru lanes. • Installation of money lever switch within teller cash drawers that will activate alarm system in emergency situations. • ATM - Comply with F.S.S. 655.960 -965 relating to ATM (copy provided): a. Must be visible from roadway(s). b. Should not be obscured by any landscaping or other fixed object that would prevent clear visibility. c. Install slow speed video camera that records 24 hours a day d. High illumination of ATM and walkway leading to and from it. Lighting should be positioned also as not to cause glare of video recording. e. Install and strategically place a convex mirror to allow operator of ATM to identify any approaching person(s) and /or potential suspect(s). 16. All Drive - thru's needs signage stating one way only. 17. For potential criminal activity detection, a high resolution color digital video camera system with monitoring and photo processing printout capabilities shall be installed for the retail drive -thru . low 3 EXHIBIT D 18. Hotel security needs: • Hotel needs to be readily identifiable by name. • The main entrance should lead directly to the front lobby area with visible signage indicating so. • Traffic leading to lobby overhang and/or circular drive should be one way with signage stating same. • Bellboys should be instructed to greet guests to reduce the fear of crime and provide a sense of security. They should be trained to recognize suspicious persons, be and extra set of security eyes and ears for the parking lot areas, teach guests how to secure their possessions and communicate to them safe areas and routes to visit. • Consider utilizing uniformed or non - uniformed personnel whose primary function is security. • Guest should have 24 -hour access to an on- premises guest contact staff member. • Lodging properties should use application forms containing language that the employer can conduct criminal background checks on all employees. • Lodging properties should establish written employee policies and procedures for lost and found properties. • Front desk clerks should be on duty at all times. • Keep beverage machines in open areas instead of secluded ones. • Pay phones should be kept in open areas, preferably within view of the front desk. • Legends, marquis maps, etc. should be used indicating location of conference rooms, elevators, stairs, lobby areas, restaurants, pool, tennis court, workout room, etc. • Gift shop windows should be clear to increase natural surveillance. • All guestrooms need to have electronic card access versus mechanical locking system. • Guestroom entry door should have auxiliary functioning locks. • Each guestroom should be provided with in -room electronic safes. Note: Must be preplanned by electrical engineer for electrical hook -up. • There should be no access to guestrooms from outside unless by electronic access. Interior hallways should lead to all guestrooms. IPW i EXHIBIT D • Restrict access to pool/spa/sauna through the use of key card or key. • For potential criminal activity detection, a high resolution color digital video camera system with monitoring and photo processing printout capabilities shall be installed for all parking lot sections, pool areas, ancillary hotel access points, front lobby desk, etc. The Hampton Inn has this if you want to visit there. 19. All ingress /egress locations should be designed the same as Northmil Plaza. 20. The landscape buffer will create a situation where natural surveillance of the development will be extremely limited, petitioner should compensate with other alternative preventive measures. 21. Convenience Store Security - Comply with Florida State Statute 812.173: • For potential criminal activity detection, a high - resolution color digital video camera system with monitoring and photo processing printout capabilities shall be installed to cover all register locations in use. • The camera system should be positioned to cover all registers in use and to minimize tampering by customers or offenders. • The camera system should be capable of continuous operation or activation by a remote triggering device such as a concealed button. • A drop safe or cash management for restricted access to cash receipts. • A lighted parking lot illuminated at an intensity of at least 2 foot - candles per square foot at 18 inches above the surface. • A conspicuous notice at the entrance which states that the cash register contains $50 or less. • Window signage and window tinting must allow for a clear unobstructed view of the cash register and sales transaction area from inside or outside of the building and in a normal line of sight. The degree of window tinting shall allow for physical identification of all individuals in the sales transaction area from outside the building and in a normal line of sight at all times. • Conspicuous height markers with digits at least one inch in size at the inside entrance of the convenience business. • A written cash management policy that is kept on site, limits the cash on hand at all times after 11 P.M. and before 5 A.M. EXHIBIT • A silent alarm which activates a signal to a law enforcement agency or a private security agency is required. Silent alarms shall have a primary and secondary power source. 22. Parkway Preserve paths: • Shall maximize natural surveillance of the pedestrian users through selective vegetative management practices. Ground cover should be no higher than 24" and trees having a minimum 7' clear trunk space creating a natural surveillance window. • Install 14' pedestrian scale lighting. As a general rule, the minimum lighting intensity at any point along the path should be at 0.6 foot - candles. • Sight lines should have a 12' clear distance space at entry points, curves, mergers, intersections, etc. • Install signage to promote enhanced safety and awareness. Example: Trail system traverses heavily, wooded and secluded areas. visitors encouraged to travel with a partner. Date Prepared: January 17, 2003 Meeting Date: February 6, 2003 Ordinance 53, 2002 EXHIBIT E (Next Two Pages) 15 December 2, 2002 EXHIBIT E City of Palm Beach Gardens PUD uses Donald Ross Village PUD • The following shall be the permitted uses within the Planned Unit Development: accessory uses; development & printing film; accountant; drug store (with pick -up window); adjuster, insurance; dry cleaning; advertising office; electronics sales and repair; alteration/dress making shop emergency health care; antique shop; engineering office; appliance and/or electronics stores; fitness studio; appraiser; floor covering sales; architect; floral or florist shop; art gallery and/or museum; food market; art studio, gallery and supplies; furniture store; arts fabric store, games and entertainment stores; attorney; general retail; bakery, gift and card shop; bank/financial institutions; grocery store; barber shops; gymnasium, health and fitness center; bicycle shop; hardware store; blueprinting service; health and fitness club or day spa; bookstore; hobby and/or craft shops; bridal formalwear store; hotel /motels, broker; household furnishing store; building, plumbing and electrical contractor's income tax service; office; insurance agencies and bond office; camera and photographic supplies sales and interior design including sales; service; jewelry store; candy, nuts, confectionery and ice cream laundry, coin operated shop; leather goods and luggage stores; card and party store; liquor store; catering services; loan company office; china, crockery, glassware and earthenware locksmith; shops; luggage store; clothing store and accessories; mail and packing store; comedy entertainment club and/or night club; marine equipment sales; commercial photography studio; market research office; confectionary & ice cream shop; medical equipment rental /leasing; convenience store w /gas sales; minor utilities; cosmetics shop; multifamily dwellings; costume /tuxedo rental; music store; dance school /studio; music and musical instrument sales; data processing service; newstand; delicatessen; notary public office; department store; office equipment sales; EXHIBIT E optical store; optical, optician or optometrist offices; paint and wallpaper store; party supplies leasing/rental; personal services pet shop including overnight pets (in a soundproof building); photocopying store; picture framing; pottery shop; private club or lodge; professional and business offices; real estate sales /management office; residential use restaurants (without drive - thru); school /studio - art; school /studio - business; shoe store; soft goods stores; specialty grocery store; sporting goods store; stationary shop; stock exchanges and brokerage office; studio (instructional or professional); surgical and orthopedic store; swimming pool supplies; tailor; telecommunication equipment sales (for personal use); tobacco shop; toy store; travel agency; veterinarian (overnight pets subject to City Performance Standards); video rentals and sales (family oriented); yoga instruction. Date Prepared: January 17, 2003 Meeting Date: February 6, 2003 Ordinance 53, 2002 EXHIBIT F (Next Page) IR w h W Fs �n i i €a €a: b S m o v ate.• ] -- At# uBld A84sBW ■ : �l Bpaol 0 40808 ualBd • it � yO %ZO'V 1111183aed VMV _ 32 eg �� a = =ms ` °j;5agagr EaF'?f o �� a681��A sso2! pleuoa ±z8� egi iL`asE s$ $ LLLLLL LL LL NNN NLLN N N N mUU UUU Udm � �¢¢¢aa ¢N CW ® - R y yyyNN YlUU o00 m aao.a yygq �aQ m 0p 0@gg ppgg m D oO of mm vi mN hoc n oN�O1mV H� er Eo BE as m ul I I ° IDm lu • _�A`_R ^e 8 „ " „ ° &amn A Ivm I � a ,9e �lae A 'rco �- - fA ” C s -= s- U ..§Q a o �._ mE •. SC rca`�w9"e z eQ mcxY -nom L no wfi m o 9v g� °g �m A y I$ g RF r _a c� O m n o° m cmo �Lnm �0 C m u cga` s� Gm�'�� Sob b SIN �A Mm g X CHm6m o c ;M caL -�gw o Ao9yw 4 m c vg6�i m jig m2m e'm_'�w`s °mt7�r m0 oo x�pCao„ c0nw6 a:c� 11 .$N e.'�_c�q X� ¢� .EQ�o =mo m' • =�n'Oe V�LL = 6' °���'a�ox �� a � w �- Wp3 a'c jo > oYa 6sa ¢oa c - s1, a G;� Fs �n i i €a €a: b S m o v ate.• ] -- At# 3g ■ : � LJ 11= • it � Fs �n i i €a €a: b S m o v ate.• ] -- At# 3g Fs �n i i €a €a: b S m o v Date Prepared: January 17, 2003 Meeting Date: February 6, 2003 Ordinance 53, 2002 EXHIBIT G (Next Page) 17 EXHIBIT G PUD- 01 -14: Donald Ross Village MXD PUD, Parcel 4.04: Total Acrea a 34.24 acres USE PROPOSED REQUIRED CONSISTENT? OPEN SPACE % o Acres/ S . foot! Land allocation 15% 5.14 15% / 5.14 acres Yes Lot coverage N/R N/R N/R N/R NEIGHBORHOOD COMMERCIAL Land allocation ** 24.5% 8.4 30% maximum Yes Lot coverage 28.9% 106,000 70% maximum Yes RESIDENTIAL HIGH * ' Land allocation 58.4% 20 acres 20 %min / 60 % max Yes Lot coverage 21.6% 189,007 50% maximum Yes EMPLOYMENT CENTER Land allocation 2% 0.7 acres 2% min / 30% max Yes Lot coverage 29.5% 9,000 _ 70% maximum Yes ACREAGE 34.24 TOTAL SQUARE FOOTAGE * ** 284,528 Yes CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: January 19, 2003 Meeting Date: February 6, 2003 Ordinance: 2, 2003 Subject /Agenda Item: First Reading of Ordinance 2, 2003, amending the Fiscal Year 2002/2003 Budget. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: $ -0- Council Action: City Attorney Finance (Total) [ ] Approved $ [ ]Approved w/ Current FY conditions [ ] Denied Funding Source: [ ] Continued to: Advertised: Date: [ ] Operating Attachments: Paper: [ ] Other • Ordinance 2, 2003 • Exhibit "1" • Exhibit "2" Submitted by: Allan Owens z 6 [ ] Not Required Department Director Affected parties [X] Notified Budget Acct. #: [ ] None Approved by: .s aitRon y Ma ?ger [ ] Not required Date Prepared: January 19, 2003 Meeting Date: February 6, 2003 Ordinance: 2, 2003 • BACKGROUND: This ordinance amends the FY 2002/2003 in the following areas: I. Amounts reserved and designated from FY 2001/2002 for outstanding purchase orders and commitments, as well as related grant revenues, as detailed in the attached Exhibit "l", are carried forward to FY 2002/2003. 2. Anticipated proceeds from the auction of police motorcycles and the replacement purchase of new motorcycles are reflected in the Fleet Fund, as detailed in Exhibit "1 ". 3. The personnel cap of the Planning & Zoning Division of the Growth Management Department increases from ten (10) to eleven (11), as detailed in Exhibit "2 ". This is accomplished through the recent elimination of a Principal Planner position, and using those dollars to fund both a Planner and Senior Planner positions. This requested change would only cost an additional $2,743 for FY 2002/2003, and could be funded through anticipated savings from current vacant positions. In addition, the personnel cap of the Administration Department is increased by two, with the addition of an Attorney and Legal Assistant. • MISC / OTHER: N/A • STAFF RECOMMENDATIONS: o Staff recommends a motion to approve Ordinance 2, 2003 on first reading, adopting budget revisions for fiscal year 2002/2003. ORDINANCE 2, 2003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN AMENDMENT OF THE CITY OF PALM BEACH GARDENS BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2002, AND ENDING SEPTEMBER 30, 2003, INCLUSIVE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens, Florida, adopted a Budget for the 2002/2003 Fiscal Year; and WHEREAS, the City Council has determined that an amendment needs to be made to the previously adopted Fiscal Year 2002/2003 Budget; and WHEREAS, the City Council has determined the adoption of this Ordinance to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance. SECTION 2. The City Council hereby amends the revenues and expenditures listed in the Attached Exhibit "1" and adopts such amendments as to the Budget of the City of Palm Beach Gardens for the Fiscal Year October 1, 2002, through September 30, 2003, inclusive. SECTION 3. The City Council hereby amends the authorized employment positions listed in the Attached Exhibit "2" and adopts such amendments as to the Budget of the City of Palm Beach Gardens for the Fiscal Year October 1, 2002, through September 30, 2003, inclusive. SECTION 4. All Ordinances or parts thereof in conflict herewith are hereby repealed. SECTION 5: If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance than can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable. SECTION 6. This Ordinance shall be effective upon adoption. ORDINANCE 2, 2003 PAGE 2OF2 PASSED, FIRST READING this PASSED, SECOND READING this PASSED, ADOPTED AND APPROVED this SIGNED: MAYOR JABLIN VICE MAYOR SABATELLO ATTEST: PATRICIA SNIDER, CITY CLERK MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO day of , 2003. day of , 2003. day of , 2003. COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO I HEREBY CERTIFY that I have approved this ORDINANCE as to form. LEONARD RUBIN CITY ATTORNEY AYE NAY ABSENT City of Palm Beach Gardens Budget Amendment FYE 09/30/03 Exhibit 'T' General Fund Page 1 of 6 Reserved for Designated From Grant From Current Total Increase Purchase Orders for Projects Revenues Reserves to Budget Expenditures Materials & Supplies 001 - 0210 - 512.5200 5,536.08 5,536.08 Other Professional Services 001 - 0220 - 512.3150 6,000.00 6,000.00 Training & Education 001 -0220- 512.3810 3,750 .00 3,750.00 Other Professional Services 001 -0220 - 512.3150 30,996.00 30,996.00 Capital Outlay 001 -0220- 512.6400 30,000.00 30,000.00 Repairs & Maintenance 001 - 1000 - 521.4600 825.00 825.00 Materials & Supplies 001 - 1000 - 521.5200 374.64 374.64 Capital Outlay 001- 1000 - 521.6400 6,485.12 6,485.12 Uniforms & Leather Goods 001 - 1030 - 521.5294 355.13 355.13 Repairs & Maintenance 001 -1040- 521.4600 4,168.00 4,168.00 Materials & Supplies 001 -1040- 521.5200 362.73 362.73 Uniforms & Leather Goods 001 - 1040 - 521.5294 118.37 118.37 Capital Outlay 001 - 1200 - 522.6210 42,814.95 42,81.4.95 Uniforms & Leather Goods 001 - 1230 - 522.5294 798.00 798.00 Materials & Supplies 001- 1230 - 522.5200 503.43 503.43 Repairs & Maintenance 001 - 1230 - 522.4600 5,536.75 5,536.75 Capital Outlay 001- 1230 - 522.6410 52,043.60 52,043.60 Uniforms & Leather Goods 001- 1240 - 526.5294 444.43 444.43 Other Professional Services 001 - 1400 - 515.3150 10,000.00 10,000.00 Printing & Binding 001- 1420 - 515.4710 6,000.00 6,000.00 Other Professional Services 001 - 1450 - 515.3150 1.3,042.00 13,042.00 Land & Improvements 001 - 2080 - 519.6300 134,433.16 604,395.00 112,500.00 851,328.16 Capital Outlay 001- 2080 - 519.6400 - Reserve for Beautification 001 - 2080 - 519.5900 .1.0O,OOQOo 100,000.00 Repairs & Maintenance 001 - 3030 - 539.4600 1,010.00 1,010.00 Other Contractual Services 001 - 3030 - 539.3400 5,873.91 5,873.91 Land & Improvements 001 - 3030 - 539.6300 131,000.00 131,000.00 Land & Improvements 001 - 3040 - 541.6300 48,787.80 488,510.00 350,000.00 887,297.80 Repairs & Maintenance 001 - 3040 - 541.4600 1,716.96 1,716.96 Other Professional Services 001 - 3050 - 541.3150 12,935.011 12,935.00 Total Increase In Expenditures 408,011.06 1,339,905.110 462,500.00 - 2,211,316.06 Fund Balance - Fund Balance - Grant Total Increase Revenues /Sources Reserved Designated Revenues to Budget Fund Balance 001 - 389.0000 408,911.06 1,339,905.00 1,748,816.06 Recreation Grants 001 - 334.9020 462,500.00 462,500.00 Total Increase In Revenues/Sources 408,911.06 1,339,905.00 462,500.00 - 2,211,316.06 Page 1 of 6 City of Palm Beach Gardens Budget Amendment FYE 09/30/03 Exhibit 'T' Expenditures Other Professional Services 009 -2500- 572.3150 Other Contractual Services 009 -2540- 572.3400 Land & Improvements 009 -2540- 572.6300 Total Increase In Expenditures Revenues /Sources Fund Balance 009 - 389.0000 Total Increase In Revenues/ Sources Golf Course Fund Recreation Impact Fund Reserved for Designated From Grant From Current Total Increase Reserved for Designated From Grant From Current Total Increase Purchase Orders for Projects Revenues Reserves to Budget Expenditures 9,OOlM.lit1 11,698.00 17,423.00 Land & Improvements 003 - 2000 - 572.6300 60,950.50 15,000.00 75,950.50 Other Professional Services 003- 2000 - 572.3150 107,007.54 281,199.00 200,000.00 588,206.54 Total Increase In Expenditures 167,958.04 281,199.00 215,000.00 - 664,157.04 Fund Balance - Fund Balance - Grant Total Increase Reserved Designated Revenues to Budget Revenues/Sources Fund Balance 003- 389.0000 167,958.04 281,199.00 449,157.04 Recreation Grant 003 - 334.9020 215,000.00 215,000.00 Total Increase In Revenues/ Sources 167,958.04 281,199.00 215,000.00 664,157.04 Expenditures Other Professional Services 009 -2500- 572.3150 Other Contractual Services 009 -2540- 572.3400 Land & Improvements 009 -2540- 572.6300 Total Increase In Expenditures Revenues /Sources Fund Balance 009 - 389.0000 Total Increase In Revenues/ Sources Golf Course Fund 9,000.00 - Reserved for Designated From Grant From Current Total Increase Purchase Orders for Projects Revenues Reserves to Budget 4,000.00 4,000.00 1,725.00 8,423.00 1,725.00 2,698.00 9,OOlM.lit1 11,698.00 8,423.1010 9,000.00 - - 17,423.00 Fund Balance - Fund Balance - Grant Total Increase Reserved Designated Revenues to Budget 8,423.00 9,000.00 17,423.00 8,423.00 9,000.00 - 17,423.00 Page 2 of 6 City of Palm Beach Gardens Budget Amendment FYE 09/30/03 Exhibit 'T' Revenues /Sources Fund Balance 013 - 389.0000 Total Increase In Revenues/ Sources Fund Balance - Fund Balance - Grant Police Impact Fund Reserved Designated Revenues to Budget 138,584.00 150,000.00 Reserved for Designated From Grant From Current Total Increase Purchase Orders for Projects Revenues Reserves to Budget Expenditures Land & Improvements 012- 1000 - 521.6300 50,000.00 50,000.00 Total Increase In Expenditures 5(1,(!(![!.[!0 - 50,000.00 Fund Balance - Fund Balance - Grant Total Increase Reserved Designated Revenues to Budget Revenues/Sources Fund Balance 012 - 389.0000 50,000.00 50,000.00 Total Increase In Revenues/ Sources - 50,000.00 - 50,000.00 Fire Impact Fund Reserved for Designated From Grant From Current Total Increase Purchase Orders for Projects Revenues Reserves to Budget Expenditures Land & Improvements 013 - 1200 - 522.6300 150,000.00 168,916.25 318,916.25 Equipment 013- 1200 - 522.6410 134,46200 134,462.00 Vehicles 013- 1200 - 522.6400 4,122.00 4,122.00 Reserves 013 - 1200 - 522.5900 (168,916.25) (168,916.25) Total Increase In Expenditures 138,584.00 l5Cl,OCl0.(!0 - - 288,584.00 Revenues /Sources Fund Balance 013 - 389.0000 Total Increase In Revenues/ Sources Fund Balance - Fund Balance - Grant Total Increase Reserved Designated Revenues to Budget 138,584.00 150,000.00 288,584.00 138,584.00 150,000.00 Page 3 of 6 - - 288,584.00 City of Palm Beach Gardens 017 - 1400 - 515.6300 Building Improvements Budget Amendment Other Professional Services 017- 1400 - 515.3150 FYE 09/30/03 Total Increase 3,235.00 Exhibit "1" 42,538.00 496,905.43 Gas Tax Fund Reserved for Designated From Grant From Current Total Increase Purchase Orders for Projects Revenues Reserves to Budget Expenditures Road & Drainage Repairs 016 - 3000 - 539.5265 3,235.00 451,132.43 42,538.00 496,905.43 Total Increase In Expenditures 3,235.00 451,132.43 42,538.00 496,905.43 Revenues/Sources Fund Balance 016 - 389.0000 Total Increase In Revenues /Sources Expenditures Land & Improvements 017 - 1400 - 515.6300 Building Improvements 017- 1400 - 515.6310 Other Professional Services 017- 1400 - 515.3150 Revenues Total Increase 3,235.00 In Expenditures Revenues /Sources Fund Balance 017 - 389.0000 Total Increase In Revenues /Sources Fund Balance - Fund Balance - Grant Total Increase Reserved Designated Revenues to Budget 3,235.00 451,132.43 42,538.00 496,905.43 3,235.00 451,132.43 Art Impact Fund Reserved for Designated Purchase Orders for Projects 1.67,000.00 129,500.00 Designated Revenues 25,000.00 8,750.00 39,570.86 42,538.00 - 496,905.43 From Grant From Current Total Increase Revenues Reserves to Budget 296,500.00 25,000.00 48,320.86 175,750.00 194,070.86 369,820.86 Fund Balance - Fund Balance - Grant Total Increase Reserved Designated Revenues to Budget 175,750.00 194,070.86 - 369,820.86 175,750.00 194,070.86 Page 4 of 6 369,820.86 City of Palm Beach Gardens Budget Amendment FYE 09/30/03 Exhibit 'T' Page 5 of 6 Road Impact Fund Reserved for Designated From Grant From Current Total Increase Purchase Orders for Projects Revenues Reserves to Budget Expenditures Land & Improvements 019 -0900- 541.6300 18,339.00 18,339.00 Total Increase In Expenditures 18,339.00 - - - 18,339.00 Fund Balance - Fund Balance - Grant Total Increase Reserved Designated Revenues to Budget Revenues/Sources Fund Balance 019 - 389.0000 18,339.00 - - 18,339.00 Total Increase In Revenues/ Sources 18,339.00 - - - 18,339.00 Burns Road Capital Project Fund Reserved for Designated From Grant From Current Total Increase Purchase Orders for Projects Revenues Reserves to Budget Expenditures Professional Services - Legal 026- 0900 - 519.3160 11,64.1.69 1.1.,641.69 Professional Services - Engineering 026- 0900 - 519.3170 299,738.94 299,738.94 Land & Improvements 026- 0900 - 519.6300 2,711,702.25 4,429,51.7.96 7,151,220.21 Total Increase In Expenditures 3,021,441.19 11,641.69 4,429,517.96 - 7,462,600.84 Fund Balance - Fund Balance - Grant Total Increase Reserved Designated Revenues to Budget Revenues /Sources Fund balance 026 - 389.0000 3,021,441.19 11,641.69 3,033,082.88 FDOT Grants 026 - 334.4900 2,748,517.96 2,748,517.96 County Incentive Grant 026 - 334.9050 1,341,000.00 1,341,000.00 Seacoast Reimbursement 026 - 369.4010 340,000.00 340,000.00 Total Increase In Revenues /Sources 3,021,441.19 11,641.69 4,429,517.96 - 7,462,600.84 Page 5 of 6 Expenditures Vehicles 031 - 3020- 539.6410 Reserves 031 - 3020 - 539.5900 Total Increase In Expenditures Revenues/Sources Miscellaneous Revenue 031 - 369.0000 Fund Balance 031 - 389.0000 Total Increase In Revenues/ Sources City of Palm Beach Gardens Budget Amendment FYE 09/30/03 Exhibit 'T' Fleet Maintenance Fund Reserved for Designated Purchase Orders for Projects 138,864.79 From 83,000.00 - 221,864.79 Miscellaneous From Current Total Increase Revenues Reserves to Budget 83,000.00 24,386.30 246,251.09 138,864.79 - (24,386.30) (24,386.30) 138,864.79 - 83,000.00 - 221,864.79 Fund Balance - Fund Balance - Miscellaneous Total Increase Reserved Designated Revenues to Budget 83,000.00 83,000.00 138,864.79 - - 138,864.79 138,864.79 Page 6 of 6 83,000.00 - 221,864.79 PERSONNEL -GROWTH MANAGEMENT Exhibit "2" Planning & Zoning Division Position Allocation % General Fund FY 2001 Summary FY 2002 Proposed FY 2003 Principal Planner 100 2 2 21 Senior Planner 100 2 2 23 Planner 100 2 2 .2 3 Planning Technician 100 1 1 1 City Forester 100 1 1 1 Forestry Technician 100 0 1 1 Administrative Specialist II 100 0 1 1 Secretary II 100 1 0 0 Total 9 10 _1W 11 PERSONNEL - ADMINISTRATION Administration Division Position Allocation % General Fund FY 2001 Summary FY 2002 Proposed FY 2003 City Manager 100 1 1 1 Assistant to the City Manager 100 2 1 1 Executive Assistant to the City Manager 100 1 1 1 Administrative Specialist III 100 2 2 2 Attorney 1 Legal Assistant 1 Community Services Administrator 100 0 1 0 Total 6 6 57 Page 1 of 1 City of Palm Beach Gardens Open Purchase Orders FYE 09/30/02 P.O. Account Amount Number Vendor Number Carry- Forward 3252 J. C. White 001 - 0210 - 512.5200 5,536.08 3165 Advanced Data Solutions 001 - 0220 - 512.3150 3,600.00 3166 Advanced Data Solutions 001 - 0220 - 512.3150 1,350.00 3167 Advanced Data Solutions 001- 0220 - 512.3150 1,050.00 3168 Advanced Data Solutions 001 - 0220 - 512.3810 3,750.00 3169 Central Audio Visual 001 - 0220 - 512.3150 - 3208 Micro Warehouse Inc. 001 - 0220 - 512.6400 - 3216 Dell Computer Corp 001- 0220- 512.6400 - 3226 Suncoast Fire and Safety 001 - 0220- 512.3150 30,996.00 3304 Universal Cabling Systems 001 - 0220 - 512.6400 30,000.00 3048 Florida Detroit Deisel 001 - 1000 - 521.4600 825.00 3267 J.C. White 001 - 1000 - 521.5200 374.64 3303 BellSouth 001 - 1000 - 521.6400 6,485.12 3302 Special Products Group 001 - 1030 - 521.5294 355.13 2969 Motorola 001 - 1040- 521.4600 4,168.00 3266 Absolutely Custom 001 - 1040 - 521.5200 362.73 3302 Special Products Group 001- 1040 - 521.5294 118.37 3014 Ahrens Companies 001- 1200 - 522.6210 42,814.95 3186 Manno Uniforms 001 - 1230 - 522.5294 798.00 3253 Ten 8 Fire Equipment 001 - 1230 - 522.5200 503.43 3276 Ten 8 Fire Equipment 001 - 1230 - 522.4600 3,000.00 3281 Freightliner Trucks of South Florida 001 - 1230 - 522.4600 879.44 3284 Ten 8 Fire Equipment 001- 1230 - 522.4600 1,657.31 3301 Pierce Manufacturing, Inc. 001 - 1230 - 522.6410 52,043.60 2896 Special Products Group 001 - 1240- 526.5294 444.43 3205 LBF &H 001 - 1450 - 515.3150 4,810.00 3299 LBF &H 001 - 1450 - 515.3150 8,232.00 3129 LBF &H 001- 2080 - 519.6300 134,433.16 3224 Atlantic Doors and Hardware, Inc. 001 - 3030 - 539.4600 1,010.00 3286 Sasser's Glass Works, Inc. 001 - 3030 - 539.3400 4,516.03 3296 Sasser's Glass Works, Inc. 001 - 3030 - 539.3400 1,357.88 City of Palm Beach Gardens Open Purchase Orders FYE 09/30/02 P.O. Account Amount Number Vendor Number Carry - Forward 3201 LBF &H 001- 3040- 541.6300 7,597.56 3206 LBF &H 001- 3040 - 541.6300 17,484.88 3207 LBF &H 001 - 3040 - 541.6300 23,705.36 3234 Ellis K. Phelps & Co. 001- 3040- 541.4600 1,716.96 3255 Kelly's Tree Service 001- 3050 - 541.3150 1,500.00 3256 Zimmerman Tree Service 001 - 3050 - 541.3150 2,850.00 3257 Zimmerman Tree Service 001- 3050 - 541.3150 8,585.00 3080 Tim Givens Construction, Inc. 003 - 2000 - 572.6300 68,000.00 3170 LBF &H 003 - 2000 - 572.6300 5,700.50 3297 Glatting Jackson Kercher 003 - 2000 - 572.3150 107,007.54 3249 Innovative Leisure 009 - 2500 - 572.3150 4,000.00 3092 Aquagenix 009 -2540- 572.3400 1,725.00 3144 South Florida Grassing, Inc. 009 -2540- 572.6300 2,698.00 3093 Ten 8 Fire Equipment 013 - 1200 - 522.6410 134,462.00 3189 MDS Matrx 013 - 1200 - 522.6400 1,250.00 3242 Armstrong Medical 013 - 1200 - 522.6400 2,872.00 3305 LBF &H 016 - 3000 - 539.5265 3,235.00 3212 Tim Prentice 017 - 1400 - 515.6300 1.0,000.00 3217 C. Grimaldis Gallery 017 - 1400 - 515.6300 1.57,000.00 3233 Oliver Glidden & Partners 017 - 1400 - 515.3150 8,750.00 3298 LBF &H 019 - 0900 - 541.6300 18,339.00 3194 LBF &H 026- 0900 - 519.3170 299,738.94 3159 Hardrives 026 - 0900 - 519.6300 3,115,838.42 3146 Hubbard Construction Co. 026- 0900 - 519.6300 3,032,863.73 3125 Duval Ford 031 - 3020 - 539.6410 110,992.47 3241 Law Enforcement Supply 031 - 3020 - 539.6410 1,165.32 3294 Altec Capital Services, LLC 031 - 3020 - 539.6410 26,707.00 City of Palm Beach Gardens Designations of Fund Balance FYE 09/30/02 Account Amount Project Description Number Designated Military Trail Improvement Grant Project 001 - 1400 - 515.3150 10,000.00 B & E Beautification Brochure Project 001 - 1420 - 515.4710 6,000.00 Burns Road Community Recreation Center 001 - 2080 - 519.6300 604,395.00 Reserve for Capital Improvement (WCI Fine) 001 - 2080 - 519.5900 1.00,000.00 Canal System Retrofit Project 001 - 3040 - 541.6300 488,51.0.00 A/C Modifications 001- 3030 - 539.6350 131,000.00 Total General Fund 1,339,905.00 District Park Enhancements 003 - 2000 - 572.3150 281,199.00 Total Recreation Impact Fund 281,199.00 Fire Rescue Station #5 012 - 1000 - 521.6300 50,000.00 Total Police Impact Fund 50,000.00 Fire Rescue Station #5 013 - 1200 - 522.6300 150,000.00 Fire Rescue Vehicles 013 - 1200 - 522.6410 - Total Fire Impact Fund 150,000.00 Roadway Improvements 016- 3000 - 539.5265 451,132.43 Total Gas Tax Fund 451,132.43 Art Wall System Project 017- 1400 - 515.6310 25,000.00 Municipal Plaza Artwork Project 017 - 1400 - 515.3150 39,570.86 Indoor and Outdoor Art Projects 017 - 1400 - 515.6300 129,500.00 Total Art Impact Fund 194,070.86 Burns Road Improvements -Other Professional 026 - 0900 - 519.3160 1.1.,641.69 Total Burns Road Fund 11,641.69 City of Palm Beach Gardens Carryover -Grant Revenues FYE 09/30/02 Account Number Description Amount 001 - 2080 - 519.6300 FRDAP -BRCRC 112,500.00 001 - 3040 - 541.6300 FEMA -Plat 4 350,000.00 003 - 2000 - 572.6300 FRDAP -Plant Drive Park 15,000.00 003 - 2000 - 572.3150 FRDAP - District Park 200,000.00 016- 3000 - 539.5265 PBC -Howell Lane Reimb.- Station 3 42,538.00 026- 0900 - 519.6300 FDOT -Burns Road Improvements 2,748,517.96 026- 0900 - 519.6300 PBC -Burns Road Improvements 1,341,000.00 026 - 0900 - 519.6300 Seacoast Reimbursement 340,000.00 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: January 19, 2003 Meeting Date: February 6, 2003 Ordinance: 5, 2003 Subject/Agenda Item: First Reading of Ordinance 5, 2003, amending the Fiscal Year 2001/2002 Budget. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Finance Costs: $ -0- (Total) Council Action: City Attorney [ ] Approved $ [ ]Approved w/ Current FY conditions [ ] Denied Funding Source: [ ] Continued to: Advertised: Date: [ ] Operating Attachments: Paper: [ ] Other • Ordinance 5, 2003 • Exhibit "1" Submitted by: Allan Owens [ ] Not Required /�o Department Director Affected parties [X] Notified Budget Acct. #: [ ] None Approved by: Ron F ity ana r [ ] Not required Date Prepared: January 19, 2003 Meeting Date: February 6, 2003 Ordinance: 5, 2003 • BACKGROUND: As an integral part of the annual close -out process, it is customary to prepare year -end budget amendments to ensure compliance with legal levels of control, and to help explain decreases or additions to fund balance. We are pleased to inform Council that our preliminary unaudited financial statements indicate an increase to unreserved, undesignated fund balance of approximately $2.4 million. The increases /decreases to revenues /expenditures contained in Exhibit" 1" detail some of the major variances that comprise this total increase. Other amendments proposed on Exhibit "1" adjust certain Capital Project funds for which no budget was adopted, and record a proposed transfer to the Golf Course Fund, as more fully explained below. Preliminary unaudited year -end financial statements for the Golf Course Enterprise Fund as of 9/30/02 reflect a net loss, after depreciation and amortization, of approximately $436,000. As you recall, during the FY 2002/2003 budget preparation, we increased the General Fund's transfer to the Golf Course from $75,000 to $338,000. Because of several one -time factors that contributed to the loss that will not occur this year, e.g., road construction and payouts to the prior management company, we believe that our estimate of $338,000 should be adequate for FY 2002/2003. However, if the estimated net loss for FY 2001/2002 were not addressed, the Enterprise Fund's accumulated deficit would increase to $1,723,485 from $1,287,485. In order to eliminate the current year loss in the Enterprise Fund, staff is recommending an increase of $475,000 in the transfer from the General Fund for FY 2001/2002. This would still provide the General Fund with an estimated unreserved fund balance of approximately $7.2 million, which is above the recommended range of 15% adopted with the financial policies contained in the FY 2002/2003 budget. • MISC / OTHER: N/A • STAFF RECOMMENDATIONS: o Staff recommends a motion to approve Ordinance 5, 2003 on first reading, adopting budget revisions for fiscal year 2001/2002. ORDINANCE 5, 2003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN AMENDMENT OF THE CITY OF PALM BEACH GARDENS BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2001, AND ENDING SEPTEMBER 30, 2002, INCLUSIVE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens, Florida, adopted a Budget for the 2001/2002 Fiscal Year; and WHEREAS, the City Council has determined that an amendment needs to be made to the previously adopted Fiscal Year 2001/2002 Budget; and WHEREAS, the City Council has determined the adoption of this Ordinance to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance. SECTION 2. The City Council hereby amends the revenues and expenditures listed in the Attached Exhibit 1" and adopts such amendments as to the Budget of the City of Palm Beach Gardens for the Fiscal Year October 1, 2001, through September 30, 2002, inclusive. SECTION 3. All Ordinances or parts thereof in conflict herewith are hereby repealed. SECTION 4: If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance than can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable. SECTION 5. This Ordinance shall be effective upon adoption. ORDINANCE 5, 2003 PAGE 2OF2 PASSED, FIRST READING this PASSED, SECOND READING this PASSED, ADOPTED AND APPROVED this SIGNED: MAYOR JABLIN VICE MAYOR SABATELLO ATTEST: PATRICIA SNIDER, CITY CLERK VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO day of )2003. day of , 2003. day of , 2003. COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO I HEREBY CERTIFY that I have approved this ORDINANCE as to form. LEONARD RUBIN CITY ATTORNEY AYE NAY ABSENT City of Palm Beach Gardens Budget Amendment FYE 09/30/02 Exhibit 'T' General Fund Expenditures Contingency 001- 0100 - 511.5910 Total Decrease In Council Salaries 001 - 0200 - 512.1210 Legal 001 - 0200 - 512.3160 Electricity 001 - 0200 - 512.4320 Total Increase In Administration Salaries 001- 0220 - 512.1210 Other Professional Services 001 - 0220 - 512.3150 Total Decrease In Data Processing Other Professional Services 001 - 0300 - 513.3150 Total Decrease In Human Resources Salaries 001 - 0600 - 513.1210 Total Increase In Finance Garbage Collection 001 - 0900 - 519.3440 Interest Expense 001- 0900 - 519.7210 Transfer to Capital Project 001 - 0900 - 519.9108 Transfer to Golf Course 001 - 0900 - 519.9109 Total Increase General Services Capital Outlay 001- 1000 - 521.6400 Total Increase Police Page 1 of 5 Increase (Decrease) to Expenditures (40,000.00) (40,000.00) 35,530.00 47,700.00 14,000.00 97,230.00 (40,000.00) (60,000.00) (100,000.00) (60,000.00) (60,000.00) 18,700.00 18,700.00 39,200.00 75,000.00 43,000.00 475,000.00 632,200.00 115,000.00 115,000.00 City of Palm Beach Gardens Budget Amendment FYE 09/30/02 Exhibit 'T' Other Professional Services 001 - 1450 - 515.3150 (130,000.00) Total Decrease in (65,000.00) Other Professional Services Engineering (130,000.00) Other Professional Services 001 - 2080 - 519.3150 (30,000.00) Repairs & Maintenance 001 - 2080 - 519.4600 (45,000.00) Principal Payments 001- 2080 - 519.7110 (75,000.00) Interest Expense 001 - 2080 - 519.7210 (55,000.00) Total Decrease in Parks (205,000.00) Salaries 001 - 3030 - 539.1210 (65,000.00) Increase to Reserves 2,247,370.00 Page 2 of 5 Total Decrease in Facilities Maint. (65,000.00) Other Professional Services 001 - 3050 - 541.3150 (75,000.00) Salaries 001 - 3050 - 541.1210 (30,000.00) Materials & Supplies 001 - 3050 - 541.5200 (65,000.00) Total Decrease in Mowing (170,000.00) Total Increase in Expenditures 93,130.00 Increase (Decrease) Revenues /Sources to Revenues Ad Valorem Taxes 001- 311.2000 227,000.00 Telecommunications Tax 001 - 314.2000 97,000.00 Occupational Licenses 001- 321.000 (97,500.00) Building Permits 001- 322.0000 1,370,000.00 Federal /State Grants 001 - 334.9000 471,000.00 Fire Inspection Fees 001- 342.2100 80,000.00 EMS Transport Fees 001 - 342.6000 (198,000.00) Code Enforcement Fines 001 - 351.1030 111,000.00 Interest Income 001 - 361.0000 115,000.00 Unrealized Gains 001 - 367.0000 99,000.00 Miscellaneous Revenue 001- 369.0000 66,000.00 Total Increase In Revenues /Sources 2,340,500.00 Increase to Reserves 2,247,370.00 Page 2 of 5 City of Palm Beach Gardens Budget Amendment FYE 09/30/02 Exhibit "1" Golf Course Fund Revenues /Sources Transfer From General Fund 009 - 381.0000 Increase in Revenues 475,000.00 Total Increase In Revenues /Sources 475,000.00 Increase to Reserves 475,000.00 Art Impact Fund Increase in Expenditures Expenditures Contribution to MOT 017 - 1400 - 515.8100 35,000.00 Total Increase In Expenditures 35,000.00 Decrease to Reserves 35,000.00 Page 3 of 5 City of Palm Beach Gardens Budget Amendment FYE 09/30/02 Exhibit 'T' Road Impact Fund Expenditures Land and Improvements 019 - 0900 - 541.6300 Total Increase In Expenditures Revenues /Sources Interest Income 019- 361.0000 Impact Fees 019 - 369.1000 Total Increase In Revenues /Sources Increase to Reserves Capital Projects Fund Expenditures Other Professional Services 024 - 0900 - 519.3150 Capital Outlay 024 -0900- 519.6200 Total Increase In Expenditures Revenues /Sources Interest Income 024 - 361.0000 Total Increase In Revenues /Sources Decrease to Reserves Page 4 of 5 Increase in Expenditures 20,000.00 20,000.00 Increase in Revenues 18,000.00 728,000.00 746,000.00 726,000.00 Increase in Expenditures 45,000.00 17,000.00 62,000.00 Increase in Revenues 5,000.00 5,000.00 57,000.00 City of Palm Beach Gardens Budget Amendment FYE 09/30/02 Exhibit "I" PGA Flyover Fund Expenditures Interest Expense 025- 0900 - 519.7210 Contribution to FDOT 025 - 0900 - 519.8100 Total Increase In Expenditures Revenues /Sources Interest Income 025 - 361.0000 Total Increase In Revenues /Sources Decrease to Reserves Page 5 of 5 Increase in Expenditures 1.49,000.00 334,000.00 483,000.00 Increase in Revenues 3,700.00 3,700.00 479,300.00 City of Palm Beach Gardens Council Agenda February 6, 2003 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 x;03 : ✓meta: 1D: t 'Mayor Jablin `Vice Mayor Sabatello ouncil Member Clark `Council Member Russo `/Council Member Delgado CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING February 6, 2003 7:00 P.M. ✓I. PLEDGE OF ALLEGIANCE II. ROLL CALL ^, ✓III. ADDITIONS, DELETIONS, MODIFICATIONS: V IV. ANNOUNCEMENTS / PRESENTATIONS: V. ITEMS & REPORTS BY MAYOR AND COUNCIL: `/VI. CITY MANAGER REPORT: a. (Page 6), Update to Blue Ribbon Commission Workshop 'VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: P�s a. v Pa a 23 Consideration of approving Minutes from the January 16, 2003 Regular City Council Meeting. b. (Page 391 Consideration of approving Minutes from the January 16, 2003 Workshop City Council Meeting. C. (Pa 2e 32 Resolution 11, 2003 — Golf Cart Lease Agreement. A resolution of the City Council of the City of Palm Beach Gardens, Florida, approving the lease - purchase of 80 golf carts with citicapital commercial corporation by piggybacking City of Port St. Lucie contract no. 20020008; Authorizing the Mayor, City Clerk and City Staff to execute all documents necessary to effectuate such lease purchase; providing for severability; providing for conflicts; and providing for an effective date. d. (Page 86 Resolution 16, 2003 — Sports Lighting Warranty Mirasol Park. A resolution of the City Council of the City of Palm Beach Gardens, Florida, authorizing the purchase of an extended warranty for the mirasol park sports lighting system from MUSCO lighting, inc; providing for severability; providing for conflicts; and providing for an effective date. ,i e. Maize 96 Resolution 20, 2003 - Equipment Purchase - Hector Co. A resolution of the City Council of the City of Palm Beach Gardens, Florida, approving the piggyback purchase of field maintenance equipment for use at Mirasol park; providing for severability; providing for conflicts; and providing for an effective date. f. (Pate 138) Resolution 21, 2003 - Equipment Purchase - John Deere Co. A resolution of the City Council of the City of Palm Beach Gardens, Florida, approving the piggyback purchase of a utility vehicle for use at the Mirasol park; providing for severability; providing for conflicts; and providing for an effective date. g. (Pale 153) Resolution 28, 2003 — Calling for a Referendum election on March 11, 2003. A resolution of the City Council of the City of Palm Beach Gardens, Florida, calling for a referendum election on March 11, 2003 for approval of a proposed bond issue to finance acquisition of land to protect open space from 'development, provision of nature education facilities for children, improving of parkways, parks and recreation facilities and provision of new trails; providing for codification; providing for severability; providing for conflicts; and providing for an effective date. IX. PUBLIC HEARINGS: Ja. (Pane 157) Ordinance 3, 2003— Reinstating of the "MacArthur Banyan Tree Historic Overlay Protection Zone" (Second Reading). An ordinance of the City J Council of the City of Palm Beach Gardens, Florida, providing for an amendment to Section 78 -682 of the City Code of Ordinances, entitled "Historical and Archaeological Sites," by adding a third criterion, and to establish the MacArthur Banyan Tree as a locally designated historic and/or archaeologically significant site; providing for enactment of Section 78 -683 of the Code of Ordinances, entitled "MacArthur Banyan Tree Historic Overlay Protection Zone "; providing for codification; providing for severability; providing for conflicts; and providing for an effective date. ✓b. (Pane 164) Ordinance 4, 2003 — Benjamin High School PUD Amendment (Second Reading). An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of an amendment to the Benjamin Private High School Planned Unit Development by allowing an increase in on -site upland preserve area, off -site mitigation of the wetland preserve area, relocation and redesign of the athletic fields, relocation of the field house and associated parking, and minor modification to the approved architectural elevations, located approximately one -half mile south of Donald Ross Road on the west side of Central Boulevard, and as more particularly described herein; providing for waivers; providing for conditions of approval; providing for conflicts; providing for severability; providing for an effective date. X. RESOLUTIONS: ✓ a. (Pa tie 237 Resolution 208, 2002 — Old Palm Golf Club Master Sign Program. A resolution of the City Council of the City of Palm Beach Gardens, Florida, �p5 approving a master signage program for the Old Palm Golf Club Planned Community District (PCD), generally located at the northwest corner of PGA boulevard and central boulevard, more particularly described in exhibit A attached hereto; providing for waivers; providing for conditions of approval; providing for conflicts; providing for severability; providing for an effective date. ✓ b. (Page 288) Resolution 215, 2002 — Old Palm Golf Club Clubhouse, Fitness Q�os Center and Casitas. A resolution of the City Council of the City of Palm Beach 0 Gardens, Florida, approving a 9.64 -acre site for a Clubhouse, Fitness Center and Casitas on parcel F1 within the Old Palm Golf Club Planned Community District (PCD), generally located at the northwest corner of PGA boulevard and central boulevard, as more particularly described in exhibit A attached hereto; providing for waivers; providing for conditions of approval; providing for conflicts; providing for severability; providing for an effective date. D�SeS VC. (Pa 2e 358 Resolution 25, 2003 — PGA Commons Parcel 3 — Art in Public Places. !! Q A resolution of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of the art in public places proposal for PGA commons parcel 3, located on the south side of PGA boulevard, east of its intersection with hickory drive, as more particularly described herein; providing for conditions of approval; providing for conflicts; providing for severability; and providing for an effective date. ✓d. (Page 377) Resolution 29, 2003 — Consideration of Employment Contract for in 1/�gS house Attorney. A resolution of the City Council of the City of Palm Beach 9q9 �b Gardens, Florida, appointing Christine Tatum as in -house city attorney to perform the duties of chief legal advisor for the city of palm beach gardens and approving an agreement with Christine Tatum; providing for conflicts; providing for severability; and providing for an effective date. XI. ORDINANCES: (For Consideration on First Reading) a. (Page 400) Ordinance 53, 2002 - Donald Ross Village Mixed —Use Planned Unit Developmen�rdinance of the Ci Council of the City of Palm Beach Gardens, Florida, providing for approval of a rezoning from planned development area to mixed use planned unit development to be known as the Donald Ross 6N village and approval for 156 multi - family residential units, 93 -room hotel, 9,000 square feet of professional (business) office, 3,236 square feet of gas /convenience store, 4,000 square feet of bank, 14,873 square feet of drug store, 13,000 square feet of restaurant use, 2,400 square feet of outdoor seating area for retail, and 88,987 square feet of retail uses on an approximately 45 -acre site generally bounded by Donald Ross road to the north, central boulevard to the west, and military trail to the east; providing for waivers; providing for conditions of approval; providing for conflicts; providing for severability; and providing for an effective date. b. (Page 487) Ordinance 2, 2003 — Budget Amendment — Budget - -Carry Forward Fiscal Year 2003. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for an amendment ofrCity of Palm Beach Gardens budget for the fiscal year beginning October 1, 2002, and ending September 30, 2003, inclusive. Providing for conflicts; providing for severability; and providing for an effective date. C. (Page 502) Ordinance 5. 2003 — Budget Amendment — Fiscal Year 2001/2002 o� Year End Adjustments. An ordinance of the City Council of the City of Palm �� Beach Gardens, Florida, providing for an amendment of the City of Palm Beach Gardens budget for the fiscal year beginning October 1, 2001, and ending September 30, 2002, inclusive; providing for conflicts; providing for severability; and providing for an effective date. XII. ITEMS FOR COUNCIL ACTION: XIII. ITEMS FOR DISCUSSION: 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. 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