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HomeMy WebLinkAboutAgenda Council Agenda 061903City of Palm Beach Gardens Council Agenda June 19, 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 June 19, 2003 7:00 P.M. L PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV. ANNOUNCEMENTS / PRESENTATIONS: Paae 5 Honda Classic — 2003 Final Report V. ITEMS OF RESIDENT INTEREST: VI. CITY MANAGER REPORT: 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: (Page 66) Consideration of approving Minutes from the June 5, 2003 Regular City Council Meeting. b. (Page 72) Resolution 95, 2003 — Approving an agreement for traffic control between the City of Palm Beach Gardens and the Gardens Hunt Club Association, Inc. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an agreement for traffic control jurisdiction between the City of Palm Beach Gardens and the Gardens Hunt Club Association, Inc.; and providing an effective date. (Pa 2e 79 Resolution 101, 2003 — Harbour Oaks Plat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Harbour Oaks Subdivision Plat; and providing an effective date. d. (Pa 2e 84 Resolution 104, 2003 — A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing a piggyback purchase for the Public Works Department's sign graphics system from Advanced Digital Cutting Systems, Inc. via City of Bartow Bid #PW -8; and providing an effective date. e. (Page 103) Resolution 108, 2003 -- Appointments to Recreation Advisory Board. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the appointment of George Schmidt as a member of the Parks and Recreation Board and Ernest Volonte as an alternate member of the Parks and Recreation Advisory Board; and providing an effective date. f. (Page 108) Resolution 110, 2003 — Municipal Public Safety Communications Consortium -First Amendment to Interlocal Agreement. A Resolution of the City Council of the City of Palm Beach Gardens, Florida pledging its portion of the $12.50 moving violation funds allocated by Palm Beach County Resolution R- 2002 -0192, as amended, in accordance with Section 318.21 (10), Florida Statutes, to the Municipal Public Safety Communications Consortium communications project; authorizing the execution and delivery of a First Amendment to Interlocal Agreement; waiving the City's rights to withdraw its pledge during the term of the debt financing of the communications project; and providing an effective date. IX. PUBLIC HEARINGS: PART I — Quasi - Judicial X. RESOLUTIONS: a. (Page 151) Resolution 89, 2003 — Approve a contract award to Coral -Tech Associates, Inc. A Resolution of the City Council of the City of Palm Beach Gardens, Florida awarding a contract to Coral -Tech Associates, Inc. for the Burns Road Community Recreation Campus Improvements; and providing an effective date. b. (Page 198) Resolution 113, 2003 — A Resolution of the City Council of the City of Palm Beach Gardens, Florida, authorizing the Mayor and City Clerk to execute a Quit -Claim deed in favor of Palm Beach County for Tract "C" of the Frenchman's Reserve PCD -Golf Maintenance Plat; and providing for an effective date. XL ORDINANCES: (For Consideration on First Reading) a. (Page 211) Ordinance 6, 2002 — Newsrack Ordinance. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to the regulation of newsracks in public rights -of -way; repealing Section 78 -701, Code of Ordinance entitled "Newsracks" in its entirety; creating a new division 14 of Chapter 78, Code of Ordinance to be entitled "Newsrack Regulations "; providing for codification; and providing an effective date. b. (Page 233) Ordinance 17, 2003 — Amendment to Banyan Tree Planned Unit Development (PUD) — Phase I and IL An Ordinance of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to the Banyan Tree Planned Unit Development (PUD) in order to allow modifications to the previously approved master plan for the PUD, generally located on both the Northeast and Northwest corners of Northlake and MacArthur Boulevards (Parcels 12.04 and 12.05), as more particularly described herein; providing for waivers; providing for conditions of approval; and providing an effective date. C. (Page 265) Ordinance 18, 2003 — PGA National DRI/PCD Time Extension. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to Ordinance 22, 1998, the consolidated and amended development order for PGA National Development of REGIONAL Impact (DRI) and Planned Community District (PCD) by extending the build -out date by two years from August 29, 2003 to August 29, 2005; authorizing the City Clerk to transmit copies of this Ordinance to the Florida Department of Community Affairs, the Treasure Coast Regional Planning Council, Palm Beach County, and National Investment Company, Inc.; and providing an effective date. d. (Page 309) Ordinance 19, 2003 — Gardens Medical Park PUD Amendment. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to a Planned Unit Development (PUD) for the construction of one three -story office building totaling 11,600 square feet on a 1.33 — acre parcel of land within Gardens Medical Park PUD located on the North side of Burns Road, approximately one mile East of Alternative AlA, as more particularly described herein; providing for conditions of approval; providing for waivers; and providing an effective date. XIL ITEMS FOR COUNCIL ACTION/DISCUSSION: XIIL CITY ATTORNEY REPORT: XIV. ADJOURNMENT In accordance with the Americans with Disabilities Act and Florida Statute 28626, 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 NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: 6/2/03 Meeting Date:6 /19/03 Subject /Agenda Item: PRESENTATION OF 2003 HONDA CLASSIC FINAL REPORT. [ X ] Recommendation to APPROVE Recommendation to DENY Reviewed by: Originating Dept.: Costs: $ N/A Council Action Resident Services In -Kind (Total) By: Debbie Andrea Citizen Services Specialist City Attor (Christine [ ] Approved Tatum) $ [ ]Approved w/ Current FY conditions [ ] Denied Advertised:N /A Funding Source:N /A [ J Continued to: Date: [ Operating Attachments: Paper: [ er Final Report Exhibits A -E Submitted by: JACI{ DOUGHNEY, [X ] Not Required COMMUNITY SERVICES ADM STRA 4 Departrrfent irecto ` Affected parties X LNotified Budget Acct. #:N /A [ ] None Approved by: City Manager [ ] Not required u 2003 HONDA CLASSIC FINAL REPORT SUMMARY In the spring of 2002, the top tour event in golf, known as the Honda Classic, announced that it had chosen the City of Palm Beach Gardens ( "City ") as its new home, moving the Honda Classic Golf Tournament to Mirasol Golf Club in March 2003. This event was televised nationally on March 14, 15 and 16. The 6 -day event drew crowds averaging over 30,000 and had an economic impact to the area of over $4.5 million. This was the single largest sporting event in Palm Beach County for the year 2003. City staff met and reviewed the Honda Classic "Wish list" and estimated the equipment use and man -hours needed to accommodate its needs. Once the tournament preparations were underway, the various departments joined in to assist in making this a successful event. Since this was the first time this tournament took place in the City, the various departments were not fully aware of what their participation might be. After the event was over, each department reviewed its involvement and the final commitment by the City came very close to the estimated figures. The goal this year is to recruit various non - profit agencies to assist in the various time consuming tasks, freeing up staff time for pre and post tournament activities. The first annual Honda Classic Golf Tournament (the "Tournament ") was held at the Mirasol Country Club in Palm Beach Gardens, Florida, March, 10 -16, 2003. The Tournament was a nationally televised, six (6) day event that drew many spectators and a significant economic impact to the City. This report catalogues and summarizes this event and makes recommendations and suggestions for making improvements in the City's involvement in this event in the future. On or about August 1, 2002, the representatives of the Tournament presented City officials with the 2003 Honda Classic Wish List that outlined operational items the Tournament officials determined were needed to insure success of this event. City staff met and reviewed the list and each department representative determined what items (including equipment and labor) could be provided without disruption to daily operations of the department. The estimate of equipment and labor was based solely on the list provided to staff as this was the first time this event was held in Palm Beach Gardens. This "Wish List" is attached as Exhibit "A ". Operations Each department representative agreed to donate equipment if they had it available and based its labor costs on estimated figures that the department felt was needed to satisfy the needs of the Tournament. On January 16, 2003, City Council approved Resolution 2, 2003 authorizing the estimated in -kind services as shown on the chart attached hereto as Exhibit `B ". At the conclusion of the Tournament each department compiled accurate figures of the equipment and labor costs needed to ensure he success of this event. Attached as Exhibit "C ", is the summary of actual costs provided by each department involved in the Tournament. Representatives of each department met after the Tournament to discuss its individual involvement and suggestions for improvement in future Tournaments. The following is a summary of each department's involvement: PUBLIC WORKS: Public Works staff provided assistance before, during and after the event. The Tournament was held in Broward County for many years and all of the Tournament - owned equipment was stored in a storage facility in Coral Spring, Florida. This equipment had to be moved to Mirasol and required the work of several men for two days prior to the event and the same to move it back. This also required equipment that was not shown in the original estimate. Additionally, prior to the event Public Works Administration acted as liaison on behalf of the Honda Classic regarding guide sign permits with Florida's Turnpike, Florida Department of Transportation, and Palm Beach County Traffic Engineering Division. During the event, Public Works staff contributed with the tournament by staffing off site parking lots, creating temporary parking lots, striping handicap parking, providing electrical and carpentry assistance, moving tournament equipment and perishables (ice, drinks, etc.). Public Works involvement post event included breaking down various tournament items for transport, assisting with clean up and relocation of all tournament items to Coral Springs, PARKS: The Parks staff erected scoreboards and temporary fencing prior to the event. During the event they supplied food, beverages, ice and water to skyboxes, kitchens and satellite sites. They transported golf carts, ice, water, and paper products to and from golf holes and hauled programs and promotional products. Also during the event they helped witil the transportation of staff and players. POLICE: The Police Department provided security and traffic control for the entire event. They had officers staffing stationary posts and various locations throughout the Mirasol site. They devised a system for searching bags and intercepting large carry -in items. They received assistance from North Palm Beach Police Department, Police Reserve Unit and Explorers and the Palm Beach County Sheriff's Office, who provided 4 Motor Units patrolling PGA Boulevard from 8:00 a.m. to 6:00 p.m. from Thursday thru Sunday during the event. A copy of the Police Department After Action Report is attached hereto as Exhibit "D ". FIRE RESCUE: The City's Fire Department provided medical care to all of the golfers and spectators who attended this event. The weather was very warm and over 50 people suffered heat related problems. Many patients had to be transported to area hospitals. A memo marked Exhibit "E" is attached reflecting the function of the Fire Department in this event and their suggestions for future events. CITIZEN SERVICES AND PUBLIC INFORMATION: The Citizen Services Specialist served as a liaison between the Tournament and the City staff. She attended meetings to determine staffing needs and helped to coordinate staffing needs with Tournament needs. Another function of this division was to provide the photo security badges for the Tournament. All volunteers who worked in the child care center as well as all of the Starters and Rangers were required to have security badges to give them access to the site. Over 300 badges were provided to the Tournament. The Public Information Specialist assisted in the security badges on the last three days of the Tournament. ADMINISTRATION: The City was provided a Corporate Booth in the Honda Tent used for Marketing and Economic Development. Department Heads staffed this booth from all City departments. The Marketing Coordinator decorated the booth and provided souvenirs to the numerous spectators who passed through the area. This provided a very effective way to market the City to the many visitors who were in town for this event. RECREATION: The recreation staff provided assistance at the Tournament with the transportation of the players from the parking area to the playing areas. They used their charged golf carts to provide daily charges to the scoreboards. They provided cool fans and tents to help to alleviate heat problems resulting from the weather. This department provided staffing at the exit/entrance to help with crowd control. They also donated the use of the handicap van that was a tremendous help to the Tournament. This department also made it possible for the Tournament to move to Palm Beach Gardens by providing office space for a period of one year until the Parks office was available at Mirasol. GOLF COURSE: The Golf Course Manager served as the on -site Manager for the City. He was on -site each day before, during and after the event providing help to the Tournament wherever needed. Our golf course also provided 50 golf carts and 2 gas powered Carry -Alls for the Tournament to use during the event. This was a big saving to the Tournament as they had use of our golf carts for 12 days. BUILDING DEPT. The Building Department inspected all of the temporary buildings and trailers used for the event. The inspections included the scoreboards, skyboxes, trailers, etc. They utilized two inspectors who were very busy, especially the week before this event. Recommendations After the event each representative was asked to come up with recommendations to make this event better in the future. Councilman Russo, at the March 20, 2003 Council meeting, recommended that an advisory board be set up to solicit funding for the event each year. The importance of this suggestion is that this important event for our City will be an ongoing project throughout the year instead of just the few months prior to the event. If business owners express an interest in finding out more about the sponsorship opportunities available, there will be names of people who will be able to provide the information. Additional recommendations from the departments are as follows: PUBLIC WORKS: The Public Works Department strongly advises that the Tournament find a new home closer to the City due to the transportation issues surrounding the equipment move. We utilized every vehicle that had rolling capacity to carry the equipment. From a safety standpoint, the equipment would be more secure loaded in an enclosed trailer on pallets. This trailer would assure that no items would be blown out of the vehicles. We believe that Honda Classic should approach a sponsor to handle the move of the equipment in the future should it remain in Coral Springs. PARKS: Parks Department would like to have their primary tasks assigned earlier so they could plan more effectively and have direct communication from the beginning of the preparations for the Tournament. They would also like to have gas powered storage carts for the event. POLICE: The Police Department would like to see more bicycle officers for the event. They would also like to go out to the site earlier to determine where the needs are for additional posts. Posts such as the parking area required additional staffing and the need for additional officers was also evident at the food court due to the large number of spectators. FIRE RESCUE: Fire Rescue would like to be on -site sooner next year to assure that the patient pick -up point does not interfere with valet parking. They also suggested misting tents next year as the majority of the medical problems were related to the heat. CITIZEN SERVICES AND PUBLIC INFORMATION: Citizen Services and Public Information would like to staff time - consuming tasks, such as delivery of water and ice and supplying brochures to various locations, with an organization such as a local high school band or a group like The Shriners. RECREATION: The Recreation department would like to have a trailer on -site next year to accommodate the City staff working the event. This would be an air - conditioned unit with provisions such as food and beverages. They have already volunteered to staff this unit. GOLF COURSE: The Golf Course staff would like to see a much earlier on -site preparation period. This would include stocking sky boxes ahead of time and putting a delivery system in place. Since this is going to be a new experience facility -wise (different course, working clubhouse, etc.) they need to prepare well in advance in order to target the problem areas. They are also suggesting getting a few golf carts for City employee use. They know that the Parks Department will have the "gators" on -site for hauling, but they will need the golf carts for other transportation needs. EXHIBIT A ELI 2003 HONDA CLASSIC WISH LIST Operational wish list items: o Golf Carts: • Carryall Golf Carts: The need for carryall golf carts (25) or have each vendor secure their .awn_golf carts_.to_car"ut.theic.tasks. - -_. • Regular Goff Carts: The need for 75 to 100 regular golf carts for tournament operations use. This hopefully will come out of the dub inventory. ❑ Equipment Rental: • Forklii!t and. Light Towers: The use of one (1) forklift used by tournament personnel only. • The use of mobile light towers for all the parking areas and possibly the driving. range for early morning tee times. Could use (depending on the size of our parking areas) around 8 light towers. • Barricades and Cones: The use of City barricades and cones would be helpful. The number of barricades that were used in 2002 was 175 and the number of cones used was 250. • P.A. System: See if the City of Palm Beach Gardens or their recreation dept. has the ability to loan the event a P.A. System to used at all functions (except the Golden Eagle draw party) including the final awards ceremony. It would also be helpful if an audio technician were available when system is needed. • F ncin : See if the City has any contacts with a fencing company that can supply temporary chain link fencing at a reduced rate. This fencing must have green wind screen or mesh to be placed on the fencing. • Water Truck: Depending on where our parking areas are located in 2003 the use of a water truck could be very helpful if parking is on any kind of coral rock or dirt area. Mirasol should be able to supply us with this type vehicle. o Electrical: • . Any discount suppliers that might do work with the city. that could give us discount rates on materials. This could help Eddie if he needed to purchase more wiring or other electrical materials for the 2003 event. • Any discounts from the city or city owned generators that can be used during the Honda Classic to supply the power needs for trailers or at. any other areas needing power. •n o On -Coupe Telephone Set -up: • Installation: Is there someone that Mirasol presently uses for all of its telephone set -up that would do the work needed at a reduced rate. • Telephone Sets: Should the Honda Classic look into purchasing it's own telephones for the event. Does the city have phones it wants to sell cheap to the event. • Not to sure if there is anything that can be done in this area. More to Cliff because of his phone company expertise. u Operational Needs: • Towels: Can Mirasol C.0 supply towels? We would need towels for the caddies, PGA TOUR Rules Staff (in case of rain), PGA TOUR Fitness Trucks and any other operational need during the event. The number of towels needed for the event Howard Brown can communicate to us. These towels would have to be cleaned almost on a daily basis. • Furniture and Childcare Furniture Ne, eds: I wonder if the City has any Childcare furniture or furniture in storage that can be used by the Honda . Classic. Cribs, couches, coffee.tables, end tables, lamps, or lounge chairs and etc. If not maybe they have an arrangement with a large furniture company that can give us a discounted price for rental. • Handyman or Carpenter.. he need for someone with carpentry skills is always needed. Would Mirazol have someone that can be put on loan to us to assist us in some of these areas? • Ice Needs: Will the club have enough facilities to supply the amount of ice needed for operational needs or could we get a discount price on bags of ice and ice merchandisers that would hold the ice daily? • Tournament Decorations: Could we ask Mirasol for the use of their landscaper to assist us in some of the decorations needed for the tournament? Would Mirasol be willing to donate or loan these materials to the tournament? If they were stolen.or damaged during the tournament then we would pay for those items damaged. • Would the city have a contact for flowers and landscaping that could be used and returned after the event? Or give us a discounted price for these items. • Would Mirasol consider having loads of mulch on hand if we needed to use some in case of bad weather? Along with that would their maintenance personnel spread the mulch where needed, as well as, clean up after event? • Perrr !Wng & 113spection Issues: Hopefully, the City could assist us with all permitting issues at minimal fees. If not the City than maybe Mirasol has someone to assist us getting our permits and walking through inspections. • Homg Depot Account: I know the Boy's and Girls Clubs had an account that they used to purchase items for the tournament. ❑ Sanitation: • Need to review the actual total needs of port-o -lets, crowd pleasers, garbage containers and dumpsters. I know the city has a contract with Waste Management for city sanitation. Maybe we could get the city to see if Waste Management would give us a discount on all our sanitation needs. This is of course unless the Honda Classic doesn't work out a marketing deal with Waste Management. aterislssec : Presently the Honda Classic uses 79 port o-lets, 4 Waste Management Crowd Pleasers,1 Executive Restroom, 330 30 gallon trash containers with 10,000 plastic bags, 2.30 yard roll off containers, 1 front load truck,, screening to cover the port -o-let units, Honda Classic stickers and Waste Management stickers on the trash containers and attendant hours at all the Crowd Pleasers. • Course Suryey: We could probably cut -down on these numbers but a course survey would first have to been done to make this determination. ❑ Security: • Secu : Hopefully, the Honda Classic can work together with the City of Palm Beach Gardens for all the security needs of the event. This would mean off -site security (traffic and directional guidance), on -site security (both police and possible private firms) with the capability to have photo I.D's done by the City. I know all City employees have to have a photo I.D. so they do have the capability. I'm presently trying to get a hold of Jim Hanahan to get the security post, hours and days log sheet for reference. • Photo l.D: s: I would also ask the City to assist us with making the photo security badge board pictures that we at all security locations. This would be a savings of over two thousand dollars. • On -Site Fire and Rescue; The City could also assist use with arranging for the fire and rescue team to be on -site the week of the toumament. ❑ Signage: • Try to use as many of the old signs if possible. If not we still can use the material to make new signs. This could help in the cost of new signs. ❑ Storacte and Transportation; • Trailers: Review the number of trailers that are being used by committee's and see if some of the committee's can double up with maybe larger trailers. Year one we would need either a double wide or triple wide for Child Care but that would be for just one year. • Bids: Get at least two bids for trailers. As soon as possible determine the number of trailers needed for the 2003 Honda Classic. 1 �y 1,) o Tournament Labor: Labor: Where we need labor help most of the time is pre -event and post - event. I wonder if the City would assist us by supplying or assigning some of their city maintenance workers to the Honda Classic for two weeks prior and one week after the event concludes. I remember an event in Virginia that use to do this for the LPGA. event held in their community. Volunteer Labor, Try and recruit volunteers to assist in this area. This is - very ha o ohut couWdbe a fong S-Hirt. - - - o Vehicles: • Buses: ,Depending on where we finally determine all the public and other parking areas buses is a question mark. If public parking is close and on- site we might not need the number of buses used at Heron Bay. If it is off - site we would need to look at the distance the ride is to determine the number of buses needed. Maybe the City has good contacts with busing companies that would consider a discount for our event. The most buses we had running on one day was on Sunday with 30 buses. This also included two (2) handicap Accessible buses. The bus company also supplied two (2) starters to supervise the drivers and monitor the busing routes. • Volunteer Shuttle: Again, where ever the volunteers are going to park will determine the number of 15 passenger vans needed to shuttle volunteers to the volunteer tent- We used Enterprise Vans (12 to 14) last year and they were wonderful to work with, except the fact that they didn't have 15 passenger vans (which I consider a must). Maybe the City or Sports Commission would have contacts in this area for trade, sponsorship or reduced rates. • Sponsor Shutge . Not sure this is needed but will make determination after site is located. Last year, two (2) to three (3) smaller shuttle buses handled this area. • trucks: We used six (6) trucks last year and it is a most at this event. We loaned .these trucks out to the Boy's and Girl's Clubs (course set-up and preparation), Junior Achievement (ecology), Signs (sign installation) and Operational needs outside these areas. Enterprise was able to supply all of our truck needs and they were easy to work with. Again, a deal for vans and trucks can be arranged either through the City or Sports Commission. • Motor Home: If we need to use a motor home for Will Call would the City of Palm Beach Gardens or the Sports Commission has any contacts or connections with any R.V. dealership? Finding a building close enough for Will Call would also work. o Tents: • baerational Tents: After we determine what our operational tent needs will be for the 2003 Honda Classic, I will submit our.needs to Kirby Tent Rental and one other tent company for comparative bidding. 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"o I I ! , CL m ' o cn 0 O E �_CM �o 0 E Q O O U V V O ja N N S 0 W wwwz J F°- <-N O O I t `- r r r m r ,Cr r T- r 0 r n r 0 r 0 r N N N N N N N +' � E N (0 O O 0 00 i O LO 0c� O �- iR b9 LO ti N N 64 U L O N tt) C j M O O ZE L 4- iO 0 .O I l I I I I i E' ! i i I I i0 Z Z °o i 10 C) i co w I MI IC: I I a � 61), O L IE I I w cn cl C) I U I I I i U 0 �CL C U , E co N ~aa N f0 JO I +. O U N c c ca n O O m lu J (U o ~ I`I N I - -�-� - -I- I I I EXHIBIT D PALM BEACH GARDENS Police Department AFTER ACTION REPORT To: MAJOR J. BUNCH hn From: CAPTAIN A. WESENICK�' `� Event: HONDA CLASSIC 2003 The I" Annual Honda Classic Golf Tournament was held in the Mirasol Development March 10-16,2003, The Palm Beach Gardens Police Department provided security and traffic control for the event. Mission: Our Mission was to provide high visibility, ensure safety and control traffic. We achieved this by providing stationary posts at the public parking, the front entrance, players parking, the players childcare area, the player's club house,, driving range, putting green, Honda product tent, the bus loop and the finance trailer. All packages delivered to the players were expected to pass the inspection of the Police Officer assigned to the Players Clubhouse. Due to our Explosive Detection K -9 being unavailable visual sweeps for explosives were conducted daily of the Tournament golf course, Players Clubhouse and the Childcare area. In the future our K -9 will be used for these sweeps. Traffic was controlled at three intersections PGA Blvd and Central Blvd, PGA Blvd and the Turnpike, and Central Blvd and Hood Road. We found that these posts were not required because traffic never became a problem. Operations: The Incident Command System worked well. In the future, we should consider having a Communications Operator on site to help route the calls for service. This could be done from our Command Post. This system would prevent the Commander and Supervisor from having to carry three radios to monitor Police, Security and the PGA Tour (which required us to work with two different radio channels). Search Procedures: The system worked well. We used the color -coded bands to identify the bags that had been searched. We didn't have any problems with the system, however next time I would strongly suggest that signs be posted at the general parking area to warn the spectators of the regulations regarding carry-in items. This would allow them to return items to their vehicles prior to boarding the transportation buses at general parking. Wben spectators arrived at the entrance with carry-in items that were too large they were stacked in a corner of the Honda Product Tent near the entrance to the Event. These items were not as secure as I would have liked. Neise Complaints: There was one noise complaint dispatched to the event and Road - patrol responded to the residence at the request of the PGA Tour. The owners who were having a party had their guest keep the noise down. We did respond to complaints by PGA Tour Security regarding spectators that were loud and uncooperative on the Golf Course. These complaints were quickly handled however next year I suggest that we have Bicycle Officers on the course to deter and/or respond to these types of complaints. Protest and Religious Tracts: No incidents were reported to the Command Post. Flight Restrictions: During the event there were no reported problems regarding the flight ceiling. EOD Support: The PBSO was on standby for this event due to our Department K -9 being unavailable. In the future I anticipate that our K -9 team will provide this support. SWAT Support: We had no incidents involving the need for the SWAT Team reported to the Command Post. On Duty Personnel Support: The Palm Beach Gardens Police Department Uniform Operations Bureau was outstanding. Without their support the security at the event would not have been nearly as effective. They provided 56 hours of staffing for the Event. Each day a Patrol Officer was assigned to the event as a liaison. These Officers were used to fill the daily post at the event. The officers assigned to the Community Involvement Unit were also assigned to the event to provide additional coverage. The North Palm Beach Police Department provided 48 hours of service to the event to supplement our staff. These Officers helped cover security posts that were added after the event started. Our Police Reserve Unit and Explorers also provide valuable hours of service. The PBSO provided 4 Motor Units to patrol PGA Blvd from 8:00am- 6:00pm Thursday thru Sunday during the Event. Command Post: The Command Post was shared with the Elite Private Security Company. This company was very professional. In the future it would be nice for the Police Department to have a Mobile Command Post. We would utilize it for these types of Command Centers. Radio Channel: During the Honda Classic we operated off of radio channel Alpha4. We had no complaints on the channel. Communications: The communication Operator that was on duty for this event could serve us better by being onsite. We utilized 4 radio frequencies and our NEXTEL Private Radio channels for this event. In the future an operator could monitor the radios to help the communication process by acting as a Central Dispatch. This would eliminate the need to carry 3 radios and a NEXTEL. Media:. The Command Post received no request from the media. Transportation of Prisoners: We made no arrest during this year's Honda Classic. Marked Patrol Cars: The marked units created an omni - presence during this year's event. The vehicles were positioned to provide maximum visibility. Fire/EMS: Request for Fire/EMS made over the PGA Tours radio system could not always be heard by the Police Officers on the scene. Next year the fire Department will have the ability to converse on the Police Department's frequency, which will help us respond as backup to them as needed. Conclusion: The 2003 Honda Classic ran very smooth from a security standpoint. This year being the first time the Event was held in our City, I feel the Police Department's approach and response was first -rate. In the future with minor adjustments, we could set the standard for Police Protection at this type of an Event. Mr, Danny Coulson of the PGA Tour Security offered to provide us with access to, what is in his opinion, -the best run Tournament from a Police standpoint. Taking the time to study how others . approached their involvement with the PGA Tour contributed significantly to our success this year. I would encourage our Department to provide the Supervisor of next year's Event with the opportunity to visit other venues in,an effort to provide the best available security for our Event. During this year's Event there were no reported crones in the Development. This year we covered all of the 220 posts needed for the Honda ClILssic with Extra Duty Details, except 20. We eventually filled those posts with Patrol Officers and Police Reserves. We also had to add three posts that we were not awarg of prior to the start of the Event. Next year we may want to start the Extra -Duty Detail process sooner and end it on a given date. This will allow us to offer any unscheduled post to neighboring Departments as an Extra -Duty Detail. I would encourage the Department to consider a couple Bicycle Officers for the event. We could mandate these positions and make them part of the Extra Duty Detail Plan. The Officers would be used to patrol the Event site and respond to calls for service. The Officer assigned to the Mirasol Way and Jog Road post was moved to the Bus loading area at the Mirasol Park on Tuesday, due to the Security Guard Gate Staff being able to cover the post. The Officer Post titled the Bus -Loop, was moved to the Putting Green after we decided that the buses had no traffic to contend with at the Bus -Loop. We found the need to provide a Police presences at the Food Court located between the 17a' and the I e holes and the intersection of Mirasol Way and hfkasol Blvd. Due to pedestrian traffic on the final day of the Event. This was due to the large crowd that was present. The posts we filled for the safety of the crowds not because of any wrong doing by the spectators. The Players Parking Lot post became a two Officer post on the second day of the Event due to the large amount of traffic that had to be checked. The second Officer came from the original post of Wasol Way and Mirasol Blvd. That post was discontinued on the second day of the Event at the request of the Honda Event Staff. The original plan for the Uniform of the Day was the patrol uniform with the ballistic vest. This was first modified to having the ballistic vest optional, then to the bicycle uniform or the Department Training Uniform. This was due to the unexpectedly high temperatures. I would encourage the Department to allow the same uniform options next year- Cost of Staffing The number of hours for Police Security at the 2003 Honda Classic totaled 1,457 hours. The normal wage for Extra Duty Details is $39.00/hr for Supervisors and $34.00/hr for Officers. This includes $9.00/hr that the City charges as an administrative and vehicle use. The City waived this fee. Unbilled Service Captain Wesenick and Sergeant Schnur 196hours @ Supervisor's Detail Wage of $30.00 per hour = $5880.00 Officer Allen, PBG and NPB Police, 164hours @ Officer's detail Wage of $25.00 per hour = $4100.00 City Administration and vehicle fee, 1457hours@ $9.00 each hour = $13,113.00 Total unbilled service= $23,093.00 Amount billed to Honda Classic 100 hours at supervisor rate of $30.00 ea = $3,000.00 977 hours at Officer rate of $25.00 ea = $24,425.00 Total Billed Service $27,425.00 $27,425.00 Total of billed and unbilled service $50,518.00 Total amount of billed/unbilled service Less unbilled service Less amount donated to the Honda Classic by City for security. Actual Cost to Honda Classic $50,518.00 - $23,093.00 Total $27,425.00 Donation $25,000,00 $ 2,425.00 Total In -Kind Security from City to the 2003 Honda. $48,093.00 2004 Projected cost: Supervisors 300 hours @ $39.00 = $11,700.00 Officers 1386 hours @ $34.00= $47,124.00 Communications Operator 84 hours @ $25.00 $2,100.00 Total cost: $60,924.00 The 2004 projected cost includes Communications Operators using the EM2000 Computer/Records System, Bike Patrol Officers and the extra post at the food court. INFORMATION FOR ALL POLICE PERSONNEL woRkm THE HONDA CLASSIC AT THE MIRASOL COUNTRY CLUB MONDAY, MARCH 10"H TO SUNDAY, MARCH 16, 2003 By Captain A. Wesenick OVERVIEW This is the I" Annual Honda Classic to be held in Palm Beach Gardens. The event begins on Monday, March 10`h with the Wachovia Silver Eagle Pro -Am. On Tuesday there will be the PGA TOUR Celebrity Skins Challenge; Junior Golf Clinic and A Practice Round for the Professionals. Wednesday, the Acura Golden Eagle Pro-Am and the Golden Eagle Reception will be held. Thursday, the first round of the Honda Classic will be held starting at 700hrs. Friday, the second round of the Honda Classic will start at 700hrs. Saturday, the third round of the Honda Classic will start at 900hrs. Sunday, the final round of the Honda Classic will start at 900hrs. All four rounds are televised,(tape delayed on Thursday and Friday), live on Saturday and Sunday. Daily general admission is $20.00. Parking will be at the designated parking area on Hood Rd. near East Point Country Club. Spectators who are arriving in a vehicle manufactured by Honda will be allowed to park for free. Weapons and mobile phones are not allowed inside the event. IMPORTANT INFORMATION Parking for PD Personnel working the event. _. • Officers working the Honda Classic should drive their marked Police Department vehicles to their post. • Parking for Officers visiting the Honda Classic in their private vehicles will use the public parking off of Hood Rd. Command Post (CP). The Command Post is a trailer located near the main clubhouse of Mirasol. Briefing and check in. All officers must check in and out of service with the CP: every day. Briefings will be held at the CP ten minutes prior to the start of each shift: Officers who elect not to attend briefing are expected to know the duties that they are expected to perform at their post. Traffic posts should report to their assigned position and report to the CP via radio. Check Out (10 -7): Officers that complete a detail shall submit an extra duty slip to the detail Supervisor or the Command post prior to leaving the site. RADIO CHANNEL: All officers working the Honda Classic will use /monitor channel ALPHA -4/TAC 4. Call Signs: All Officers on the Honda Classic detail will use their position number as their call sign. Example: Post.4 (Players Parking Lot.) ' The Detail Supervisor will utilize their Department ID number as their call sign. The Command Post will use the call sign CP or Command Post. Uniform and Equipment: Officers must wear the standard patrol uniform unless a specialty uniform is required and approved by Captain Wesenick or his designee. All Officers must bring their traffic vest, rain gear, ballistic helmet to their post. Ballistic vests will be worn at all times by Officers working the Honda Classic unless they are assigned to a non - uniformed position. Police Procedures- Security: The Honda Classic is paying the PBG Officers to provide a police presence, be a visual deterrent, and to take police action when necessary. Do not sit. Do not stand in groups. Assist security as needed. Take police action when appropriate. Although this is a festive event, all police procedures should be followed and applied (just like working a regular patrol shift). If you are unable to gain voluntary compliance and must use force pain compliance techniques, arm bars escorts, " go hands on" in dealing with a suspect, then the suspect should be arrested and a report must be completed, including a use of force report. Police procedure - reports: If an incident.or crime requires a report, notify the detail Supervisor. The Supervisor and/or the CP will make the decision if a report, will be taken by the detail officer or a patrol officer. Police procedure - protestors: People who wish to protest and/or hand out literature are allowed to do so on the public right -of -way as long as they do not interfere with public access, and they comply with state and local laws. Police Procedures- Ticket selling and trespassing, suspicious items. See below. Gate Position Procedures: Officers assigned to a gate or credential check point position must ensure private security is searching all persons at the main gates. Picture identification cards must be presented by people authorized to enter restricted areas. Report any problem to your Supervisor. The CP will address any problems with the private security (Elite Protection) Supervisor. Barricades/Traffic Cones:. Public Works will drop cones at the locations that will need them. The Officer that secures the post at the end of the day shall stack the cones at the roadside. The barricade plan will be posted at the CP. Any changes to the plan must be approved by the CP. Private Security: Elite Protection is providing private security. The CP can contact them if needed. Mobile Phones: Mobile phones are prohibited inside the event. Officers with mobile phones or pagers shall have them on vibrate at all times during the event. SPECIFIC PROCEDURES Ticket Selling (Scalping) and Trespass PURPOSE The Honda Classic has given away tickets to the event and they do not want these tickets or any other tickets resold by ticket scalpers. Goal + Prevent ticket scalping in the parking lots, near the entry gates and inside the event. Do not interfere with anyone giving a ticket away. Definition Event Venue: The Mirasol Development, surrounding roadways, and the parking area adjacent to the development,. Procedure 1. When practical, all persons that appear to be selling tickets should be contacted. Use discretion as appropriate. 2. If you contact someone who is giving away tickets, no further action is necessary. Giving away tickets is acceptable. 3. If you contact someone who is selling a ticket at face value or less, FIR them and advise them that they will be issued a trespass warning if they continue. 4. If you contact someone selling tickets in excess of the face value FSS 817.36 (2a) or 817.361 may apply. Contact your Supervisor or the CP. 5. For trespass warnings, contact the CP and a representative of the development will respond to your location. 6. Anyone ignoring these warnings should be arrested, removed'from the area and processed at the Police Department. DISORDERLY CONDUCT Purpose The PGA has rules for behavior at golf events. Therefore, disorderly behavior will not be tolerated at the Honda Classic. Goal To assist private security, prevent and effectively address disorderly behavior at the golf event. To ensure public safety. Procedure at the Honda Classic Golf Tournament 1. Disorderly or disruptive behavior that violates PGA rules or golf etiquette is unlikely to rise to the level of violating the state statute for disorderly conduct. Therefore, these issues should be handled by private security. If you observe it, notify private security whenever possible. If the behavior merits your immediate intervention, realize their conduct is,not criminal unless it rises to the level of Disorderly Conduct FSS 877.03. 2. Although disruptive behavior may not rise to the level of Disorderly Conduct private security and police officers have the ability to issue trespass warnings to any disruptive patrons. Since the person may be arrested if he /she refuses to leave or if they return, it is important to document incidents and persons who have been warned. Officers should always submit the individual's name to. dispatch to be entered into the CAD system. 3. Officers should backup private security as needed to make sure they are able to safely remove disruptive individuals from the event. SUSPICIOUS ITEM PROCEDURE Purpose All police personnel assigned to the event, especially those assigned inside the event, must be vigilant for any possible explosive device that could be placed at the event. Due to the size and nature of the Honda Classic, it is likely that many items could be identified as suspicious. Therefore, further investigation by an explosive detection dog may be needed. Due to this concern, the police response to these issues should be quick, but maintain a low profile in order to avoid alarming the public or event staff. Police Command will work with the PGA Tournament staff to ensure open communication regarding suspected explosive devices. Public safety is the highest priority. However, every effort will be made to limit play interruption and to resume play as soon as practical if postponed. Goal Identify suspicious items and implement the Palm Beach Gardens Police Department BOMB THREAT SITUATION/BOMB EMERGENCY PLAN. Definitions Suspicious item: Any item (purse, package, backpack, container) that appears out of place (by its nature, odor, location, etc.), whether in or on any person, vehicle, or otherwise left abandoned within the venue or within close proximity to the venue. PBG BOMB EMERGENCY PLAN: The plan outlined in the Police Department Emergency Operations Manual. 1. The on duty Supervisor shall make the determination to request PBSO EODU. 2. The Chief of Police will be notified. 3. Establish a security perimeter. 4. The decision to evacuate the site lies with the person in charge of the site. It will be the Police Department's responsibility to secure the perimeter of the site. The perimeter will be maintained until the PBSO EODU arrives. The Police Department's involvement in evacuation will only be upon direction of the PBSO EODU, or in an extremely exigent circumstance. 5. The PBG Fire Department will be requested to stage in an area that is a safe distance from the area of the DEVICE. 6. Any suspected or actual explosive device should not be handled or disturbed in any way by anyone except the PBSO EODU. Procedure for police, security and event volunteers when challenging a item. 1. Challenge and search anyone carrying anything suspicious or an oversized item without the color -coded tag of the day. Items over 8 "x8 "x11" are banned from the event, with the exception of diaper bags or similar essential items. Oversized items that are allowed into the event are searched and tagged. The tag is color coded and the color changes each day (ask the CP for the color of the day if necessary). If you find a suspicious item notify the CP immediately. 2. If a suspicious item appears abandoned, then ask all persons near the item if it belongs to them. If someone claims the item you may still inspect it with the claimant present. There are signs at all entrances warning attendees that all bags will be searched. If no one claims the item do not move or touch the item. Immediately notify the CP. 3. If a K -9 does not alert on the suspicious item then an officer will move the item to a safe location and examine the contents. If there is no reason to impound the item it will be turned over to lost and found. Procedure fora confirmed explosive. - 1. The K -9 handler will make an evaluation of the potential blast zone. 2. The area will be searched for a secondary device. 3. The Bomb Emergency Plan will be implemented. 4. The FBI Special Agent assigned to the event, Mike Heard, will be notified immediately. PALM BEACH GARDENS POLICE DEPARTMENT Interoffice Memorandum TO: MAJOR JOHN BUNCH FROM: CAPTAIN AL WESENICIWk4l"� DATE: March 4, 2003 SUBJECT: ACTION PLAN -HONDA CLASSIC 2003 EVENT: The Honda Classic Golf Tournament begins on Monday, March 10, 2003 and security staffing begins earlier on Saturday March a at 1200hrs. The event runs through Sunday, March 16, 2003. The location of the event is the Mirasol Development Country Club. The Police Department will provide security and traffic control for the event. MISSION: • High visibility deterrence and security support at all access points • Ensure the safety of persons and property within the assigned area • Explosive sweeps of the Tournament area. • Traffic control and response to collisions within the venue area Operations: Incident Command will be utilized to direct resources at the event. The essential branches are Command, Operations, Traffic and Course Security. See the attached Honda Classic Roster for specific assignments and responsibilities. Any calls for service to the Police Department related to the Honda Classic will be forwarded to the CP and a determination will be made as to whether or not event units will handle it Search Procedures: All access gates are staffeo by security guards. They will be searching all carry-in items. Officers will back them up. Items over 8 "x11 "x11" are banned from the event. Exceptions will be made for diaper bags or similar essential items. A colored band will be placed on bags that have been searched. The color will change each clay. Check with the CP for the color of the day. If a bag is found to be without the color of the day it is subject to challenge. Noise Complaints: Any complaints regarding the Tournament will be handled by the Command Post. Protest and Religious Tracts: Historically, the Golf Tournaments held in Palm Beach Gardens have not been used for this purpose. People who wish to protest and /or hand out literature such as religious tracts are allowed to do so on the public Fight of way as long as they do not interfere with public access and they comply with state law and city ordinance. The Command Post should be contacted it this activity is observed. Flight Restrictions: Per the FBI, the standard temporary restrictions will not be in place for the Honda Classic. The standard restrictions for events with more than 304P00 attendees, require a 3000 -foot ceiling within a 3-mile radius of the event. Due to the event venue being in the PBIA flight path the ceiling for this event will be 500 feet. EOD Support: The Department's explosive dog is not available due to thb handler being injured. PBSO will be contacted to respond to suspicious packages or other concerns as needed. SWAT Support: The SWAT Tactical Team will be on call in the event that a tactical response to a critical incident is necessary. The NAMAC SWAT Team will provide mutual aid and assist with tactical events if needed. On Duty Personnel Support: The on duty supervisors working during the event times will be briefed on this plan and any contingency plans in place. In the event of a Critical Incident On Duty Officers will supplement the event staff as necessary. Command Post (CP) and Staging Area: The Command Post will be located in the security trailer located next to the Clubhouse. To access the (CP) proceed North on Mirasol Blvd to the Clubhouse and the (CP) will be to the West in the security trailer marked PBG POLICE. Radio Channel: The Police Department personnel will use channel ALPHA 4/ TAC-4. Communications: Radio Channel ALPHA 4 will be monitored by the command post CALL SIGN (CP). Police Dispatch will have an additional Communications Operator on duty during the weekend: Media/PIO: PIO will be Major Robert Artola. Any request by the Media to officers shall be directed to the (CP). The (CP) will contact the PIO: Transportation of Prisoners: In the event that an arrest is made that requires the transportation of the prisoner to the county jail the task will be handled by on duty Road Patrol Officers. If a large number of arrests are made at one time the PBSO will be contacted to provide a transportation vehicle. Marked Patrol Cars: All Officers are required to use a marked vehicle. Fire /EMS: Request for Fire /EMS may be made to the Command Post. PBG Fire Medics will be on site. ,1� EXHIBIT E 0 I�* e L xn10 VT L CITY OF PALM BEACH GARDENS MEMORANDUM TO: Jack Doughney, Community Serv. Administrator DATE: April 15th 2003 FROM: C R Brown, EMS Commander SUBJECT: Honda Classic - Outcomes This memo is written per your request regarding the outcome of Fire Rescue Operations at the 2003 Honda Classic Golf Tournament. Below, please find a breakdown of associated costs, impact and recommendations: Costs / Income: Overtime — The pre - scheduled event staffing for this operation actually grew on the weekend, due to the call volume -on the first two tournament days. Over the course of the tournament, the Fire Rescue Department provided 523.75 overtime hours at a cost of $13,607.00. Administrative Assistance — As you are aware, I acted as the on -scene Event Commander during the tournament and spent approximately fifty -two staff hours on site. In addition, our Fire Prevention Division provided sixteen hours of staff time completing fire safety inspections. These soft costs are estimated to be $1,982.00. Transport Revenue: Due to the number of patients transported during this year's event, we feel that there was some cost offset via our transport- billing program. We estimate that we will collect $7,000.00 in transport revenue as a direct result of the tournament. Treatment / Transport: This event presented us with over fifty medical patients during the course of the week. The majority of these injuries were either heat related or minor traumatic events, which were treated and released on site. There were twenty -eight patients who required treatment /transport to the Palm Beach Gardens Medical Center. The Tenet Hospital Volunteers and City Staff lent great assistance during the course of the week by assisting with minor injuries and transporting patients to their vehicles / buses. Recommendations: We would make the following recommendations regarding next years Honda Classic Tournament: Fire Prevention — ■ We will involve our Fire Prevention personnel earlier in the planning stages of next year's event. They would like to have more input as to the location of tents and most importantly, more clearly defined means of egress. • Due to the amount of gas fired cooking appliances and crowd impact, we will staff a full -time inspector for all tournament days. Emergency Medical Services — • The locations of the patient pick -up point and valet parking must be separated. We had a great deal of difficulty getting patients off scene due to traffic flow problems in these areas. • There must be some mandate that guarantees the public access to free water for the purpose of hydration. We understand the need of the Honda Classic to generate charity funds from their event, however, the lack of water on the course heavily contributed to many injuries at this year's tournament. • We identified a need for at least one small electric powered transport unit. These units cost about $12,500.00 and would greatly enhance the Fire Rescue response at the Honda. • The use of misting fans should also be a requirement at next year's event. The placement of these fans at the First Aid Stations was an excellent tool for the injured. They also allow for the cooling of handicapped patient's who do not have access to the air - conditioned First Aid Trailers. Conclusion: Overall, this years event was a fine example of a very successful public / private partnership. We look forward to next year's tournament and the opportunity to make it even better. Please feel free to contact this office if you have any questions or concerns regarding this communication. cc: Fire Chief Peter Bergel D/C Jerry Catoe D/C Scott Fetterman C/I Keith Bryer Files 0 Ct lc� U ct X-E, 0 E M O O N x� w�w a �7 a A W O U a w A z 0 x w x F ~ M � O N U � C H W a JM H O a a Q W x H Q w H Q 0 0 v w w H H i rz� U U C/1 Q z 0 x w x H 0 Q W W w W W W H w U W GQ w P-� O H H U a U O z 0 v w Q 0 x a. 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ROLL CALL: The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Jablin, Councilmember Clark, and Councilmember Delgado. Vice Mayor Sabatello joined during the next agenda item. Councilmember Russo was absent from the meeting. ADDITIONS, DELETIONS, MODIFICATIONS: Mayor Jablin reported that consent agenda item (0, Resolution 101, 2003 Harbour Oaks Plat, was postponed to the June 19, 2003 agenda; that under Part 2, Regular Public Hearings, the telecommunications tower ordinance amendments had been changed and the changes were outlined in a sheet which had been provided to all Councilmembers; and that under Part 10, Resolutions, Resolution 98, 2003 for Anspach additional parking would be moved to be under quasi-judicial. Councilmember Clark made a motion to approve the changes to the agenda. Councilmember Delgado seconded the motion, which carried by unanimous 3 -0 vote. Vice Mayor Sabatello joined the meeting at this point. ITEMS OF RESIDENT INTEREST Councilmember Delgado reported that the Adopt A School Program which was conducted in the elementary schools within the City had been a great success, with each school to receive between $5,000 and $6,000. Each school had received $1,000 initially. Councilmember Clark reported the Environmental and Beautification Committee had completed the final draft of the environmental brochure. which would be presented to the City Council in July. Councilmember Clark requested for the next charter review as the City approached build -out to consider geographical districting with at -large voting for City Councilmembers. Mayor Jablin recommended another item to be considered for the next charter review would be election of the Mayor. COMMENTS FROM THE PUBLIC There were no comments from the public. CONSENT AGENDA Councilmember Clark made a motion to approve the Consent Agenda with the exception of item (f). Councilmember Delgado seconded the motion. Vice Mayor Sabatello requested item (c) and (g) be pulled and stated for item (e) that he is a homebuilder in BallenIsles and did not have a conflict in voting on item (e) Councilmember Clark withdrew his motion and made a motion to approve the Consent Agenda with the exception of item (c), (f) and (g), Councilmember Delgado seconded the motion, which carried by unanimous 4 -0 vote. The following items were approved on the Consent Agenda: a. Consideration of approving Minutes from the May 1, 2003 Regular City Council Meeting. b. Consideration of approving Minutes from the May 15, 2003 Regular City Council Meeting. d. Resolution 96, 2003 — Award of bid for medical services. A Resolution of the City CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/5/03 Council of the City of Palm Beach Gardens, Florida approving an agreement with Coach Comp America to provide City Medical services; and providing an effective date. e. Resolution 99, 2003 — BallenIsles Temporary Sales Center Time Extension. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a time extension for the BallenIsles temporary sales center located on the West side of BallenIsles Drive approximately 700 feet South of PGA Boulevard, in the BallenIsles Planned Community Development, as more particularly described herein; and providing an effective date. h. Resolution 103, 2003 — Consider approval of award of contract to D.S. Eakins for construction of the Burns Road outfall pipe. A Resolution of the City Council of the City of Palm Beach Gardens, Florida awarding a piggyback contract to D.S. Eakins Construction Corporation for the construction of the Burns Road outfall pipe; and providing an effective date. Discussion of item (c): C. Resolution 90, 2003 — Consider approval of a proposal from Ranger Construction for construction of the Weiss School parking lot. A Resolution of the City Council of the City of Palm Beach Gardens, Florida awarding a piggyback contract for the Weiss School parking lot paving and drainage improvements to Ranger Construction Industries, Inc.; and providing an effective date. Vice Mayor Sabatello questioned if the construction would meet code. Staff indicated that this Resolution was concerning the Burns Road widening and that code would be met. g. Resolution 102, 2003 — Consider approval of award of proposal to Global Electric, Inc. A Resolution of the City Council of the City of Palm Beach Gardens, Florida awarding a piggyback contract to Global Electric, Inc. for the installation of conduit and pull boxes for the Burns Road and Weiss School lighting; and providing an effective date. Vice Mayor Sabatello questioned if the electrical was on the Weiss property. Staff indicated this electrical work was in conjunction with the Burns Road widening and alignment of the access. Councilmember Clark made a motion to approve Resolution 90, 2003. Councilmember Delgado seconded the motion, which carried by unanimous 4 -0 vote. Councilmember Clark made a motion to approve Resolution 102, 2003. Vice Mayor Sabatello seconded the motion, which carried by unanimous 4 -0 vote. PUBLIC HEARINGS - PART I — Quasi - Judicial Mayor Jablin outlined the procedure for quasi judicial hearings. The City Clerk swore in all those intending to speak to Resolution 93, 2003, Resolution 91, 2003, Ordinance 14, 2003, Resolution 71, 2003 and Resolution 98, 2003. Resolution 93, 2003 — Amendment to the Regional Center DRFPCD. A Resolution of the City Council of the City of Palm Beach Gardens, Florida amending Resolution 96, 1999 the consolidated and amended development order for The Regional Center Development Order for the Regional Center Development of Regional Impact (DRI) and Planned Community District (PCD); amending the master development plan to add a right- in/right -out entrance along Alternate A -1 -A, relocate the multi - family residential land -use category to Parcel 27.13, reduce the minimum allowable business office square footage category by 80,000 square feet, designate a separate land -use category for the cinema, and amend the conversion matrix to include an equivalency provision/rate, as reflected on "exhibit A" attached hereto, CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/5/03 3 to allow for the conversion of uses between the retail and cinema land -use categories; authorizing the City Clerk to transmit copies of this Resolution to the Florida Department of Community Affairs, the Treasure Coast Regional Planning Council, Palm Beach County, and MacArthur Center Property Owner's Association, Inc.; and providing an effective date. The City Clerk read Resolution 93, 2003 by title only. Principal Planner Talal Benothman presented the request. Discussion included the contract with Catalfumo, and that open space had been approved. Donaldson Hearing indicated the petitioner had no comments. Mayor Jablin declared the public hearing open, held on the intent of Resolution 93, 2003. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmembers Clark and Delgado and Mayor Jablin indicated they had had no exparte communications other than with staff. Vice Mayor Sabatello indicated he had had no exparte communication on this item. Councilmember Clark made a motion to approve Resolution 93, 2003. Councilmember Delgado seconded the motion, which carried by unanimous 4 -0 vote. Resolution 91, 2003 — Downtown at the Gardens. Regional Center DRI Parcels 27.12 & 27.14 A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to the MacArthur Center signage program (Resolution 64, 1998); approving the site plan for Downtown At The Gardens within the Regional Center Development of Regional Impact (DRI) to allow the development of 26,000 square feet of Neighborhood Commercial, 220,745 square feet of Retail/ Restaurant, 67,690 square feet (up to 3,220 seats) of Cinema, and 20,000 square feet of Professional Office use; providing for conditions of approval; providing for waivers; and providing an effective date. The City Clerk read Resolution 91, 2003 by title only. Principal Planner Talal Benothman presented the request and read changed conditions into the record. Discussion included that WCI as master developer would be responsible for the traffic portion of improvements and that the electrical equipment would not have to be enclosed. Donaldson Hearing provided a presentation on behalf of the petitioner. Vice Mayor Sabatello disclosed that he had met with staff and the petitioner. Staff and the petitioner answered questions from the City Council. Mayor Jablin announced this was a continuance of the public hearing so the public hearing was open, held on the intent of Resolution 91, 2003. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark.made a motion to approve Resolution 91, 2003 with the changes as read into the record by staff and with condition 10 changed from 30 to 120 days. Councilmember Delgado seconded the motion. Under discussion of the motion Councilmember Delgado indicated she had had exparte communications with staff; Mayor Jablin, Vice Mayor Sabatello, and Councilmember Clark indicated they had had exparte communications with both the petitioner and staff. Condition 10 was clarified by the City Attorney to read: 'Within 120 days of the effective date of this resolution, the applicant shall revise all applicable plans and calculations to include square footage consistent with the code requirements in effect as of that date. Councilmember Clark stated he would withdraw his motion and remake his motion with the changes as read into the record by staff and by the City Attorney. Councilmember Delgado seconded the motion. Vice Mayor Sabatello indicated he thought this was a great project, but he was not voting in favor because he was not comfortable with the connection to the parking garage or the sea of parking. Motion carried by unanimous 3 -1 vote. CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/5/03 4 Ordinance 14, 2003 Old Palm PCD Amendment— Condition of Approval An Ordinance of the City Council of the City of Palm Beach Gardens, Florida providing for an amendment to Condition No. 21 and Condition No. 39 of Ordinance 32, 2002, which approved the Old Palm Golf Club Planned Community Development; providing for an effective date — for consideration of second reading. The City Clerk read Ordinance 14, 2003 by title only. Senior Planner Michael Sanchez was present to answer questions. There were no questions of staff or the petitioner. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 14, 2003. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Vice Mayor Sabatello stated he had had no exparte communications and that he was not a homebuilder in Old Palm and had no conflict in Old Palm. Councilmember Clark and Mayor Jablin reported they had had exparte communications with both staff and the petitioner. Councilmember Clark made a motion to place Ordinance 14, 2003 on second reading and to approve Ordinance 14, 2003. Councilmember Delgado seconded the motion. Motion carried by unanimous 3 -0 vote. Resolution 71, 2003 — Site Plan Amendment for Parcels 27.05/06. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to a previously approved site plan for Parcel 27.05/06 within the Regional Center Development of Regional Impact (DRI) to allow the replacement of a 24,500 square -foot two -story office building 2 with two single -story office buildings known as buildings 8 and 9 with a total square footage of 19,978; providing for conditions of approval; providing for waivers; and providing an effective date. The City Clerk read Resolution 71, 2003 by title only. Principal Planner Talal Benothman presented the proposed amendment. Ryan Johnston, Catalfumo Development, was present to answer questions on behalf of the petitioner. Councilmember Clark and Mayor Jablin questioned why there were still two one -story buildings. Joey Eichner reviewed the changes that had been made and indicated the petitioner did not think a two - story building would be appropriate. Discussion ensued. Mayor Jablin declared the public hearing open held on the intent of Resolution 71, 2003. Councilmember Clark made a motion to continue the public hearing to July 3, 2003. Councilmember Delgado seconded the motion, which carried by unanimous 4 -0 vote. Resolution 98, 2003 — Anspach Additional Parking Area. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to a previously approved site plan for the Anspach effort within the Northcorp Planned Community Development (PCD) to allow for the expansion of a parking lot by 37 spaces; providing for conditions of approval; providing for waivers; and providing an effective date. The City Clerk read Resolution 98, 2003 by title only. Planner Autumn Sorrow presented the project. Mayor Jablin declared the public hearing open, held on the intent of Resolution 98, 2003. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmembers indicated no exparte communications. Councilmember Clark made a motion to approve Resolution 98, 2003. Vice Mayor Sabatello seconded the motion, which carried by unanimous 4 -0 vote. PART II — Regular Public Hearing Ordinance 8, 2003 —Communication Tower Amendments An ordinance of the City Council of the City of Palm Beach Gardens, Florida providing for an amendment to the city code of ordinances relating to the location and siting of telecommunications towers; amending Section 78 -154, "Planned Unit Development Overlay District (PUD)," Section 78 -155, "Planned Community Development Overlay District (PCD)," and Section 78 -159, Footnote CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/5/03 5 (64), "Wireless Telecommunication Facilities," of Chapter 78, "Land Development," providing for codification; providing for conflicts; providing for severability; and providing for an effective date — for consideration of second reading. The City Clerk read Ordinance 8, 2003 by title only. Planner Jackie Holloman presented the project and read into the record amendments proposed by staff. Mayor Jablin declared the public hearing open held on the intent of Ordinance 8, 2003. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clark made a motion to approve Ordinance 8, 2003 on second reading with the amendments as read into the record by staff. Councilmember Delgado seconded the motion, which carried by unanimous 4 -0 vote. RESOLUTIONS Resolution 97, 2003 — South Trust in the Regional Center — Art in Public Places. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Art in Public Places proposal for South Trust Bank on Parcel 27.04 South within the Regional Center DRI, located on the Northeast corner of the intersection of Kew Gardens Drive and PGA Boulevard, as more particularly described herein; providing for conditions of approval; and providing an effective date. Growth Management Administrator Charles Wu presented the project, for which staff recommended denial since the location of the proposed art would not be visible from PGA Boulevard. Danny Brown spoke on behalf of the petitioner. Following discussion, no action was taken on Resolution 97, 2003. Resolution 94, 2003 — Approving a Second Term Permit Interlocal Agreement with Northern Palm Beach County Improvement District. A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing the Mayor and City Clerk to execute the NPDES Second Term Permit Interlocal Agreement with Northern Palm Beach County Improvement District; and providing an effective date. Since there were no questions or objections, Councilmember Clark moved approval of Resolution 94, 2003. Councilmember Delgado seconded the motion, which carried by unanimous 4 -0 vote. ITEMS FOR COUNCIL ACTION /DISCUSSION Vice Mayor Sabatello questioned the status of the improvements to the park at Lake Catherine. Staff provided an update indicating that the improvements and the proposed bus shelter would be put out to bid for designibuild. Mayor Jablin announced that the community information and hurricane meeting had been rescheduled for June 26 , 2003 at 6:30 p.m. Consensus was for Mayor Jablin to send a letter to the School Board in support of Palm Beach Gardens High School magnet program coordinator Arnie Faulk. CITY OF PALM BEACH GARDENS REGULAR MEETING, 6/5/03 ADJOURNMENT: There being no further business to discuss, the meeting was adjourned at approximately 9:20 p.m. APPROVAL: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO ATTEST: PATRICIA SNIDER CITY CLERK CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum 2JECEpVF-D PRAY 3 ® 2803 Date Prepared: May 27, 2003 Meeting Date: June 19, 2003 Resolution: 95, 2003 Subject/Agenda Item: Proposed Agreement between the City of Palm Beach Gardens and Gardens Hunt Club Association, Inc. regarding uniform traffic control on the private streets and roadways within the "Hunt Club" community. Recommendation/Motion: Staff recommends entering into a municipal traffic control agreement with the Gardens Hunt club Association, Inc. for the purpose of providing uniform traffic control over the streets and roadways located within the community. [ X ] Recommendation to APPROVE Recommendation to DENY Reviewed by: Originating Dept.: Costs: $ none Council Action: (Total) City Attorney [ ] Approved $ [ ]Approved w/ Current FY conditions [ ] Denied Funding Source: [ ] Continued to: Advertised: Date: [ ] Operating Attachments: Paper: [ ] Other Submitted by: [ ] Not Required Department Director Affected parties [ ] Notified Budget Acct. #: [ ] None Approved by: City Manager [ ] Not required Date Prepared: May 27, 2003 Meeting Date: June 19, 2003 Resolution: Resolution 95, 2003 EXIBITS & ATTACHMENTS MENTIONED MUST BE INCLUDED WITH THE MENTIONED ITEM AND BEFORE THE NEXT TOPIC • BACKGROUND: The Gardens Hunt Club Association, Inc., representing the residents and property owners of the "Hunt Club "has requested that the City provide uniform traffic control over the private streets and roadways within their gated community. An initial survey of the community revealed that speed limit signs and traffic control devices within the community meet Florida Department of Transportation standards. The Police Department will complete .traffic volume and speed studies within the community and provide uniform traffic control and enforcement. • STAFF RECOMMENDATION: Staff recommends entering into an agreement between the City of Palm Beach Gardens and Gardens Hunt Club Association, Inc. for the purpose of providing uniform traffic control on the streets and roadways within the "Hunt Club" community. Date Prepared: May 15, 2003 Resolution 95, 2003 RESOLUTION 95, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AGREEMENT FOR TRAFFIC CONTROL JURISDICTION BETWEEN THE CITY OF PALM BEACH GARDENS AND THE GARDENS HUNT CLUB ASSOCIATION, INC.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Gardens Hunt Club Association, Inc. owns and /or controls the roadways within its development as private roads; and WHEREAS, Section 316.006(2), Florida Statutes, provides that the City may exercise traffic control jurisdiction over private roads by written agreement; and WHEREAS, the Gardens Hunt Club Association, Inc. wishes to contract with the City of Palm Beach Gardens for performance of law enforcement services and functions relating to traffic control within its boundaries in the City of Palm Beach Gardens; and WHEREAS, such agreement for law enforcement services has been prepared and is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby accepts and approves the Traffic Control Jurisdiction Agreement between the City of Palm Beach Gardens and Gardens Hunt Club Association, Inc. for the roads more particularly described in Exhibit "A" (a copy of which shall be maintained in the offices of the City Clerk) and hereby authorizes the Mayor and City Clerk to execute the Agreement. SECTION 3. This Resolution shall take effect immediately upon adoption. (The remainder of this page left intentionally blank) 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED AND ADOPTED this ATTEST: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Christine P. Tatum, City Attorney VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO Date Prepared: May 15, 2003 Resolution 95, 2003 day of , 2003. CITY OF PALM BEACH GARDENS, FLORIDA BY: Eric Jablin, Mayor AYE NAY ABSENT G: \attorney_share \RESOLUTIONS \hunt club - traffic control jurisdiction agreement.doc 2 I/L i AGREEMENT FOR TRAFFIC ENFORCEMENT THIS AGREEMENT is made and entered into as of the day of , 2003, by and between the City of Palm Beach Gardens, a Florida municipal corporation ( "City "), and The Gardens Hunt Club Association, Inc., a Florida non - profit corporation ( "Association "). WITNESSETH: WHEREAS, Section 316.006(2)(b), Florida Statutes, authorizes the City's law enforcement officers to exercise traffic control jurisdiction over private roads located within the City pursuant to written agreement between the City and the party or parties owning or controlling such roads; and WHEREAS, the Association, as the beneficial owner of the roadways within the Gardens Hunt Club and acting on behalf of its residents, has requested that the City provide uniform traffic control enforcement, and the City has agreed to provide such traffic control in accordance with the terms of this Agreement. NOW, THEREFORE, in consideration of the mutual representations herein contained, the parties hereto agree as follows: 1. The City agrees to provide uniform traffic control in and on the private streets and roadways within the Gardens Hunt Club community during normal patrol hours. The Association acknowledges that this Agreement does not guarantee a minimum number of hours or traffic enforcement. 2. The Association agrees to indemnify and hold harmless the City, its Police Department, and all of its officials, officers, agents, and employees against all loss, liability and expenses, and all claims made for injury or damage to person or property (including, but not limited to, wrongful death and impairment of any property interest) arising or resulting from the City exercising normal, customary traffic enforcement jurisdiction over the private streets and roadways within Gardens Hunt Club which result from the improper or negligent actions of persons under the direct control of the Association or the negligent maintenance of the property which is under the direct control of, and is the maintenance obligation of, the Association. 3. The City shall not be obligated to provide uniform traffic control within the Gardens Hunt Club community until such time as the Association posts state - approved traffic control devices where required. 4. This Agreement shall take effect on the date it is signed by both parties and may be canceled by the City or the Association, for any or no reason, by providing thirty (30) days' written notice to the other party. 5. All notices required or allowed by this Agreement shall be hand - delivered or mailed by certified mail, return receipt requested. Notices are to be sent to the following: As to the City: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Manager As to the Association: Gardens Hunt Club Association, Inc. c/o Dickinson Management, Inc. 400 Toney Penna Drive Jupiter, Florida 33458 Attn: Meredith Malloy, Community Mgr. 6. This Agreement represents the entire understanding between the parties with respect to the subject matter hereof, and supercedes all other negotiations, representations and agreements, either oral or written, relating to this Agreement. 7. In the event any section, paragraph, clause, or provision hereof is deemed invalid by a court of competent jurisdiction, such shall not affect the remaining portions of this Agreement, which shall remain in full force and effect. 8. This Agreement represents the entire understanding between the parties and supersedes all other negotiations, representations, or agreements, written or oral, relating to this Agreement. 9. This Agreement shall be construed by and governed by the laws of the State of Florida. 10. Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and /or conditions of this Agreement shall be borne by the respective parties. (The remainder of this page left intentionally blank) 2 IN WITNESS WHEREOF, the parties hereunto have executed this Agreement on the date and year written above. ATTEST: CITY OF PALM BEACH GARDENS, FLORIDA By: By: Patricia Snider, City Clerk Eric Jablin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY Christine P. Tatum, City Attorney ATTEST: GARDENS HUNT CLUB ASSOCIATION, a Florida non - profit corporation e By:� 1,&„j R U.)AA„ By: � Secretary Association President GAAGREEMENTS \Hunt Club Enforcement agreement 4- 03.doc 3 RECEIV ED JUN o 6 2003 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: June 6, 2003 Meeting Date: June 19, 2003 Resolution: 101, 2003 Subject/Agenda Item: Harbour Oaks Subdivision Plat. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: $ N/A Council Action: (Total) Growth Management [ ] Approved De rtment A14P41 C $ N/A [ ]Approved w/ Current FY conditions [ ] Denied City Attorney Advertised: Funding Source: [ ] Continued to: Attachments: Date: [ ] Operating Paper: [X ] Other Resolution 101, 2003 City Engineer Memo Submitted by: C c— [ X ] Not Required Sean C. Donahue, P.E. Assistant City Engineer Affected parties tX ']Notified Budget Acct. #: [ ] None Approved by: Ron Fer is City Manager [ ] Not required Date Prepared: June 6, 2003 Meeting Date: June 19, 2003 Resolution: 101, 2003 STAFF RECOMMENDATION Staff recommends approval of Resolution 101,, 2003. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Date Prepared:June 6, 2003 Resolution 101, 2003 RESOLUTION 101, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE HARBOUR OAKS SUBDIVISION PLAT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Engineer has reviewed the Harbour Oaks Subdivision Plat; and WHEREAS, the City Engineer has determined that the proposed plat meets all the technical requirements of the City's Land Development Regulations and Chapter 177, Florida Statutes, and recommends approval of the plat; and WHEREAS, the plat is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE. CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The Mayor and City Clerk are hereby directed and authorized to execute the Mylar of the Harbour Oaks Subdivision Plat consisting of eight (8) sheets dated January 2003, prepared by Craven, Thompson & Associates, Inc., attached hereto as Exhibit "A." SECTION 3. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) I PASSED AND ADOPTED this _ 2 3 4 5 6 7 8 9 10 ATTEST: 11 12 13 BY: 14 Patricia Snider, City Clerk 15 16 17 APPROVED AS TO FORM AND 18 LEGAL SUFFICIENCY 19 20 21 BY: 22 Christine P. Tatum, City Attorney 23 24 25 26 27 28 VOTE: 29 30 MAYOR JABLIN 31 32 VICE MAYOR SABATELLO 33 34 COUNCILMEMBER CLARK 35 36 COUNCILMEMBER RUSSO 37 38 COUNCILMEMBER DELGADO 39 40 41 42 43 44 45 46 47 G: \attorney_share \RESOLUTIONS \plat - harbour oaks.doc day of Date Prepared: June 6, 2003 Resolution 101, 2003 2003. CITY OF PALM BEACH GARDENS, FLORIDA 4v Eric Jablin, Mayor AYE NAY ABSENT 2 Date Prepared:June 6, 2003 Resolution 101, 2003 EXHIBIT A rrTrI C;p��� JUN ° 4 2003 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: May 27, 2003 Meeting Date: June 19, 2003 Resolution 104, 2003 Subject/Agenda Item: Resolution 104, 2003, authorizing a piggyback purchase for the Public Works Department's Sign Graphics System from Advanced Digital Cutting Systems, Inc. via City of Bartow Bid #PW -8 [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: $41.097 Council Action: (Total for FY02 /03)) City Attorney Finance [ ]Approved [ ] Approved w/ Communit ervices conditions Admi istr or [ ] Denied Director of Operati s Advertised: Funding Source: [ ] Continued to: Attachments: Finance Administrator Date: [X] Operating Paper: [X] Other: FDOT (Jl�' Highway Safety Funds Grant Submitted by: Stacy Rundle [X] Not Required Grants /Contrac Administrator f--) Department Director Affected parties Notified Budget Acct. #: 016 - 3000 - 539 -6400 [ ] None Approved by: City Manager [ ] Not required Date Prepared: May 27, 2003 Meeting Date: June 19, 2003 Resolution 104, 2003 • BACKGROUND: In January of this year, the Florida Department of Transportation (FDOT) approved an agreement awarding funding through its Highway Safety Fund grant program in the amount of $39,675 to the City's Public Works Department of a Computerized Sign System Project. The City's share of this $41,097 project is $1,422. The funds will be used to purchase traffic system software, a computerized sign making /marking system and the materials needed for same. Staff desires to purchase the computerized traffic sign graphics system via a bid awarded to Advanced Digital Cutting Systems, Inc. by the City of Bartow, Florida. This contract price for the equipment is $12,982.00. Resolution 104, 2003 has been prepared authorizing staff to "piggyback" purchase this equipment in accordance Section 2 -294 of the City Code of Ordinances. • STAFF RECOMMENDATION: Staff recommends approval of Resolution 104, 2003 as presented. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: May 27, 2003 Resolution 104, 2003 RESOLUTION 104, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AUTHORIZING A PIGGYBACK PURCHASE FOR THE PUBLIC WORKS DEPARTMENT'S SIGN GRAPHICS SYSTEM FROM ADVANCED DIGITAL CUTTING SYSTEMS, INC. VIA CITY OF BARTOW BID #PW -8; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City was awarded a Highway Safety Fund grant by the Florida Department of Transportation for fiscal year 2003 for the Public Works Department's computerized sign system project; and WHEREAS, Section 2 -294 of the City Code of Ordinances permits the City to "piggyback" an agreement awarded by another governmental agency pursuant to a competitive sealed bid; and WHEREAS, the City desires to purchase a sign graphics system via a bid award made by the City of Bartow, Florida to Advanced Digital Cutting Systems, Inc., a copy of which is attached hereto as Exhibit "A "; and WHEREAS, Advanced Digital Cutting Systems, Inc. has agreed to extend its bid price to the City of Palm Beach Gardens in writing, a copy of which is attached hereto as Exhibit "B "; and WHEREAS, the City Council of the City of Palm Beach Gardens deems it to be in the best interests of the citizens and residents of the City of Palm Beach Gardens to authorize a piggyback purchase for a sign graphics system via City of Bartow bid #PW -8. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby authorizes a piggyback purchase for a sign graphics system via City of Bartow bid #PW -8. SECTION 3. This Resolution shall become effective immediately upon adoption. 1 PASSED AND ADOPTED this _ 2 3 4 5 6 7 8 9 10 11 12 ATTEST: 13 14 15 16 BY: 17 Patricia Snider, City Clerk 18 19 20 APPROVED AS TO FORM AND 21 LEGAL SUFFICIENCY 22 23 24 25 BY: 26 Christine P. Tatum, City Attorney 27 28 29 30 VOTE: 31 32 MAYOR JABLIN 33 34 VICE MAYOR SABATELLO 35 36 COUNCILMEMBER CLARK 37 38 COUNCILMEMBERRUSSO 39 40 COUNCILMEMBERDELGADO 41 42 43 44 45 Date Prepared: May 27, 2003 Resolution 104, 2003 day of , 2003. CITY OF PALM BEACH GARDENS, FLORIDA Eric Jablin, Mayor AYE, NAY ABSENT 46 G: \attorney_share \RESOLUTIONS \FDOT HSF - DPW contract award - reso 104- 2003.doc 2 VV v Exhibit A to Resolution 104, 2003 CITY OF MARION BID NOTICE Notice is hereby given that sealed bids in triplicate, as listed below $ball be received by the City ofBartow, 505 North Mill Avenue, Bartow, Florida 33830, up to 10 :00 a.m. Tk araday. Apd 17, 24013, to be opened tbereafler and publicly read is the Conference Room of the Purchasing Agent, 505 North Mill Avenue, Bartow, Florida at 10:00 a.m. on 2barsdm Aril 17, 2003 Bids shall be submitted to the City ofBartow, Attention purchasing Department at SOS North Mill Avenue, Bartow, Florida 33830. All bids must be securely sealed in an envelope and clearly marked on the outside with the date, time and nano of bid. Detailed specifications and information may be obtained from the Purchasing Department at 963-534-0133. The City of Bartow reserves the right to mjcct any or all bids in whole or pad "or to accept or reject any items in the bid and waive any informalities. The City ofBartow will no be responsible for bids opened before the specified time doe to envelopes that are not properly addressed and/or unmarked as ino uc ted in this notice. Traft Sign Graphics System Per sptcifitatioas FOB Bartow, FkwMa PW-8 "Sign Machine" Legal Ad Polk County Democrat April 3, 2003 April 10, 2003 CITY OF BA,RTOW INSTRUCTIONS TO BIDDERS 1. F.OA Point: All prices covered by this contract will include the coat of transportation to the using company. 2. Aecomanee and ion: The City, of Bartow reserves the right to reject any or all bids in whole or part, to accept or reject any items in the bid, and to waive any informalities and to accept any bid deemed in the best inh iest ofthe City of Bartow. 3. Lem: No taxes shall. be included in any bid price, except for material on which the bidder is required to pay taxes at the time of purchase The City of Bartow is exempt from state and federal sales, use and excise tax 4. Pcices: Unless otherwise specified, all prices and/or discounts shall be firm for the duration of the contract. In the event of price decreases the City ofBartow shall be given full proportionate benefits immediately at any time during the contract period. 5. kv o' : Any invoices at higher prices than the contract, will be held until proper credit memorandums have been reoeivcd. Any applicable cash discounts that apply as the result of this contract, will be taken even though the allowable time has elapsed due to the time awaiting credit -memorandums. 6. Tom and Contract : In order for cash discount terms to be considered as pact of the effective bid price, time allowed must be at least thirty (30) days for payment. 7. MartufaetuM's Name: Any manufacturer's name, trade name, brand name, information and catalog numbers used herein are for proposes of description and establishing general quality levels. References are not intended to be restrictive of any products that manufacturer may offer. The determination as to whether any alternate product or service is equal shall be made by the City of Bartow and such determination shall be final and binding among all bidders. Serif s: Any deviations from bid specifications indicated herein must be clearly stated, otherwise it will be considered that items offered are in strict compliance with specifications, and successful bidder will beheld responsible. Deviations must be explained in detail. 9. Long term contracts: This section applies to contracts in which purchases will be made as need over a period of one (1) year. In this case, quantities shown are estimates of usage anticipated during the contract period and may vary more of less. Unless otherwise specified, contracts will be for a period of one (1) year from the date of bid award N 10. ]Placing Of MOW The award of this bid does not constitute an order. Before shipments can be made the vendor must receive a purchase order or number. In some cases vendors will be issued blanket orders. In this case shipments would be specified on the order. 11. ePe: Efficient service is essential to this contract. Therefore, if it is determined that the holder of the bid is unable to meet delivery within a reasonable time it may become necessary to make procurement from other bidders. This will be determined by the City of Bartow, 12. Certificat es: Certificate of Insurance and/or Workers Compensation must be furnished where applicable. 2 COMPUTERIZED TRAFFIC SIGN GRAPHICS SYSTEM TRAFFIC SYSTEM SOFTWARE: • ADCS V2000 FHWA Standard Highway Signs Manual to MUTCD speeftations on CD ADCS V2000 Highway Fonts- B, C. D, E, E mod, F upper & lower case on CD ROM (or equal) • ADCS Version 7.0 Flexi- Expert Traffic Sign Software on CD ROM (or equal • MUTCD on CD ROM SIGN LAYOUT. DESIGN. AND PRODUCTION SPECIFICATIONS: • Sign environment is to be user friendly, mouse oriented and written to be 100% Windows 98, 2000 & XP compatible (AN functions done without shelling to DOS). • Software to contain a digital version of the Standard Highways Signs Book in its entirely. Speed limit signs to indicate a range of 15 to 65 MPH. Signs to be recalled in corned size and specification from a dedicated menu. All signs, arrows and symbols to reside in the system as individual entities and in the correct color. The total number of sign files 2,103. • The soilware to contain highway fonts 8, C, D. E mod. Iowan case & F in Moth SAE & metric, to specification, as set forth by the Federal Highway Administration. • Fonts 0, C, 0, E & F to have lowercase set matching general design although lower case are not part of the Standard Alphabets 1977 or 1966 specifications. • Drawing Tools & Arc Next. • Drag & drop and cut & paste between applications. • Scan & Trace to be done within sgnmalting software and allows for direct color scanning. • Picture Cut for scanned 'snage without digi mkV and Digitizing Tablet Support. • To include in addition to the Federal Signs, Symbols, Arrows & Federal Highway Forts, 700 high quality typestyles and 1806 or 3466 for PRO high quality sign graphics. UTTERIPLOTTER SPECIFICATIONS: • Cutting Media — Type 3 Materials i.e. 3M High Intensity. Diamond Grade. and Engineering Grade Reflective Sign Materials. Material to be unpunched friction fed material. Warranted from the manufacturer for cutting Type 3 material without adverse effects to the machine. CutterlPlotter warranted from the manufacturer for a period of three (3) years on all parts, labor and freight. • Cutter Head — Swivel Head • Media Size — 54" Cutter maximum cutting area (54 "064' compatible film width (6.3" to 59.1') Media Feed — Friction Feed/Flat Platen (sprocket feed machines are unacceptable) • Mechanical Resolution • .0002 • Addressatde Resolution - .0002 • Aocuracy - >. 001 or l % of the line • Speed — Up to 45 inches per second • Acceleration — 5.7G's • Downward cutting pressure — 0-500 g • t Adjustable depth blade holder with (2) CB09UA Super Steel Blades (extra blades available on request) , • 1 Plotter pen • 1 Teflon mat Interface — dual Centronics / RS 232C (auto recognition) • Data Buffer —1MIB • C81 vA (5 pack) Red Blades & Holder to cut (High Intensity & Diamond Grade) ON -SITE INSTALLATION AND TRAINING: Vendor to perform -site training and installation for a period of 16 hours (2 eight hour .days). Training is offered to enable the operators to produce production quality traffic signage after the to day of training. We • generally propose the installation I training for 2 — 4 operators, totaling 2 days. WARRANTY SPECIFICATIONS: Hardware: • Processor Hardware for a period of two (2) years from the data of initial installation. • Cutter/Plotter hardware for a period of three (3) years from the date of Initial Installation. • Shipment of repaired or replacement products no later the seventy-two (72) hours from receipt of defective product. • Vendor will pay all freight charges incurred during the stated warranty period for defective products. • in the event that Vendor cannot repair or replace the defective products within the stated time the vendor will send a loaner for the customer to use while the defective equipment is being processed. Software: Upgrades • To supply free upgrades in soft era within program series for a period of two (2) years from the date of installation. 7_"TN 1 Cr v. 1 4, 4r,E CIrr o� March 28, 2003 Acknowledg eceipt of Bid: a CITY OF t3ARTOW This letter is to acknowledge we have received Bid # PW -8. �Q t. �f 1j Please return this acknowledgment as soon as possible to the City of Bartow Purchasing Department, 505 North Mill Avenue, Bartow, Florida 33830. Thank you, Purchasing Agent REMARKS: ' .,\ �, � \,'_ X NAME OF COMPANY 1 - 2-1(,0 ._Q S� Ikev DRESS V%...1t, � -mss Ie VL . 3 z 0 (PRINT AND SIGN) TELEPHONE NUMBER / SV 0 - r— -2 5'` _ 9 s 7 V- 450 NORTH WILSON AVENUE • P.O. BOX 1069 • BARTOW, FLORIDA 33831 • (063) 534-0100 n q 0 CITY OF BARTOW � April 29, 2003 TO ALL BIDDERS: The repeat bid requested by the City of Bartow on April 17, 2003 for a Sign Graphics . System has been awarded to ARCS, Amelia Island, Florida. Please And tha enclosed bid tabulation indicating the successful bidder. Your participation has bee apprwiated and you will be notified of any future bids. Respectfully, erri rs Purchasing Agent Enc. 450 NORTH WILSON AVENUE • P.O. BOX 1069 • BARTOW, PLONDA 33631 * (863) 534-0100 BID Folm pY ONE (t) NEW COMPUTERIZED TRAFFIC SIGN GRAPHICS SYSTEM OR EQIJ PER SPECIFICATIONS. FOB BARTOW, FLORIDA TOTAL NET PRICE: S OMPLETE UNIT TERMS: N 'A S- d DELIVERY: MAKE/MODEL: . S ft .— 13Z COMPANY NAME: ism - b��� UJM L t,�. ! t . 4 A t Q AUTHORIZED RE MENTATM: Y ��. , \ ke r PRM GNATURE ADDRESS: 2-44a - PHONE NO: Y %% - $`1 4 - 7 _ (,'l$ FAX: 9n � - .-L L I -- 7?C I E -MAIL: ut a c s s ate s o h tt Yr_ cr� t V% LIST ANY EXCEPTIONS TO BID: PLEASE INCLUDE ALL WARRANTY INFORMATION. PRICE QUOTED MUST BE VALID FOR AT LEAST 90 (NINETY) DAYS. k 3-Lo-gy Visit us at: www.adcscan.com WARRANTY S t"iFICATIDM: Hardware: • Processor Hardware for a period of two (2) years from the date of initial installation. • Cutter/Plotter hardware for a period of three (3) years from the date of initial installation. • Shipment of repaired or replacement products no later than seventy -two (72) hours from receipt . of defective product. 4 Vendor will pay all fi-eight charges incurred during the stated warranty period for defective products. • In the event than Vendor cannot repair or. replace the defective products within the stated time the vendor will and a loaner for the customer to use while the defective equipment is being processed_; SOFTWARE: Upgrades • Vendor agrees to supply to its customer free upgrades is its software with -in its program series for a period oftwo (2) years from the date of installation. CAROLYN MUM — SALES MANAGER 21648 Sadler Rd. • Amek Island, FL 32034 • (800) 716,9498 - (904) 261 • Fen {904) 261.7519 a E -mail• adcsselesfnet-mWit.net 4 P U R C H A 8 B 1 O R D E R CITY OF BARTOW PURCHASE ORDER # 001505 5/01/2003 SHIP TO: ISSUED TO: CENTRAL WAREROUSE VEND 0: 01- 010235 RVQ #001505 505 N MILL AVE ADVANCE DIGITAL CUTTING BARTOW, FL 33830 SYSTEM TERRI LOWERS 2160 -B SADL6R RD AMRLIA ISLAND, FL 32034 um rea3mprm YR1� _ Rd7l[A, 1.00 smi 1M- 54IlM -6rA -0DD Q9P= aJUM - EDIM4W 1219M.00 72.962.00 eWestera Graphtec /Critter /Plotter 54" FC5100 -130 Scan Vac Amiable Flexis Expert 7.0 per Hid Dated 4/17103. 'H*'801AL't* 12.992.00 ' ORDERED Sy °- TSRI poRTSR 63 - ,$ 3 _b .___..._._.----------------- APPROVED BY: WILLIAM PICKARD 1�E C� TY O R CITY OF BARTOW g P MEMORANDUM 4 TO' Terri Lowers DATE' April 29, 2003 Pta g went SUEW ;CT Bid on Sign Graphics System FROM; Jos ge Ci ana r Please award the bid for the Sign Graphics System to Advanced Digital Cutting Systems in the amount of $12,982.00 per the recommendation of the Director of Public Works. If you have any questions, please call me. J1D:ps RECEIVED Cc: Director of Public Works Director of Finance APR 2 9 2003 PURCHASING Exhibit B to Resolution 104, 2003 JUN 02 2003 3 :35PM HR LRSERJET 3200 P•1 i Kay Yr 03 as: 15a Advanced Digital Cutting Systems, Inc. 2160 -B Sadler Rd. Amelia Island, FL 32034 1 -800- 716 -9499 904. 261 -5588 FAX 904- 261 -7515 E-mail adc ales net -mas ic.ne1 Visit us at: _a{i^saan.com FAX 561- 775 -8279 Friday, May 30, 2003 David Reyes City of Palm Beach Gardens 37U4 Burns Rd, Palm Beaeb Gardens FL 3 34 10 Dear Mr. Reyes: Advanced Digital Cutting Systems would like to extend the offer of a piggyback contract with the City of Palm Beach Gudens on the City of Bartow, Florida Purchase Orders # 001505. This purchase order is for the ARCS Traffic Sign Graphics Computer System. The contract price for the egtuprnent as listed is $12,982.00. The bid was dated 4/17103. 1 am sending you a copy of the original bid quote that the PO is written on. Thank you for considering the ADCS Traffic System and if you need additional infbrma'aon or have any questions feel free to cat) me. Sincerely, Carolyn ' er Sales Manager Terms; Quotation prices Sood for 60 days. Prices am suttjW to c,hunZe wittwut notice after 60 days. CITY OF PALM BEACH GARDENS CITY COUNCI Agenda Cover Memorandum Subject/Agenda Item: Date Prepared: June 1, 2003 Meeting Date: June 19,2003 Resolution: 108, 2003 Appointments to Recreation Advisory Board — Member and Alternate Member [ x ] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: $ NA Council Action: Recreation Division (Total) City Attorney Charlotte Presensky, [ ] Approved Director $ NA [ ]Approved w/ Current FY conditions [ ] Denied Funding Source: [ ] Continued to: Advertised: Date: [ ] Operating Attachments: Paper: [ ] Other Application Submitted by: Jack Doughney [ x ] Not Required Community Services Administr or Department Dire Affected parties [ ] Notified Budget Acct. #: [ ] None Approved by: 46�� City Manager [ x ] Not required f Date Prepared: June 1, 2003 Meeting Date: June 19, 2003 Resolution: 108,2003 • BACKGROUND: The Recreation Advisory Board consists of seven members with two alternates. The Board currently has six members and one alternate. • STAFF RECOMMENDATION: Staff recommends that George Schmidt, currently an alternate members of the Board, be recognized as a member and that Ernest Volonte be recognized as an alternate member. City of Palm Beach Gardens APPLICATION FOR POSITIONS ON ADVISORY BOARD (S) Please print in Black Ink �% Board(s) Applied for: /�AR IeS sg t1 Z lee)_ a Re.4 /did ��'d4e�2 y 19o,,e, Name: (Print) 4eW,,e5 Telephone: Day SGT- 725-7 522.17 Evening -� Home Address: OX-3 o �5 <gg How long have you been a resident of Palm Beach Gardens? qz!!!!� j Palm Beach County? Current Employer: �� /i�r,� Position: Please attach a resume to your application or use space below to summarize qualifications and experience acquired-that would be helpful to the Board(s) for which you are applying. Special Qualifications for specific board(s) (include past board experience) Educational Background yyrP.S Community Activities (Include offices held and committee service) - ylewyt&.rP �i9�t1 Sao�c� l�-- ijl/�- .�.✓7 -c. �� �r�s. %� �,/�GQ� t�i�/�- • Signat Date `Y/G a3 Applications are valid for two (2) years from the date they are signed. Return to City Clerk's Office, 10500 N. Military Trail, Palm Beach .Gardens,. Florida 33410. Date Prepared: June 2, 2003 Resolution 108, 2003 RESOLUTION 108, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE APPOINTMENT OF GEORGE SCHMIDT AS A MEMBER OF THE PARKS AND RECREATION ADVISORY BOARD AND ERNEST VOLONTE AS AN ALTERNATE MEMBER OF THE PARKS AND RECREATION ADVISORY BOARD; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, through the adoption of Ordinance 1, 1997, the City Council established a Parks and Recreation Advisory Board; and WHEREAS, Ordinance 1, 1997 provided for the "Board" to be comprised of seven regular members and two alternate members; and WHEREAS, the appointment of George Schmidt to a regular member position completes the seven member "Board "; and WHEREAS, the appointment of Ernest Volonte to an alternate position fills one of two vacancies on the alternate portion of the `Board "; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the residents and citizens of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby approves the appointment of George Schmidt as a regular member of the Parks and Recreation Advisory Board and the appointment of Ernest Volonte as an alternate member of the Parks and Recreation Advisory Board. SECTION 3. This Resolution shall become effective immediately upon adoption. 1 PASSED AND ADOPTED this _ 2 3 4 5 6 7 8 9 10 ATTEST: 11 12 13 BY: 14 Patricia Snider, City Clerk 15 16 17 APPROVED AS TO FORM AND 18 LEGAL SUFFICIENCY 19 20 21 BY: 22 Christine P., Tatum, City Attorney 23 24 25 26 VOTE: 27 28 MAYOR JABLIN 29 30 VICE MAYOR SABATELLO 31 32 COUNCILMEMBER CLARK 33 34 COUNCILMEMBER RUSSO 35 36 COUNCILMEMBER DELGADO 37 38 39 40 41 42 43 44 45 day of Date Prepared: June 2, 2003 Resolution 108, 2003 .2003. CITY OF PALM BEACH GARDENS, FLORIDA Eric Jablin, Mayor AYE NAY ABSENT 46 G:\attorneyshare\RESOLUTIONS\rab June apt - reso 108- 2003.doc 2 mica ED �1Jum - 0 2003 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: June 5, 2003 Meeting Date: June 19, 2003 Resolution: 110, 2003 Subject /Agenda Item: Municipal Public Safety Communications Consortium -First Amendment to Interlocal Agreement [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Police Costs: $ Council Action: (Total) City Attorney [ ] Approved $ [ ]Approved w/ Current FY conditions Finance ]Denied Advertised: Funding Source: [ ] Continued, to: Attachments: Date: [ ] Operating Paper: [X] Other 1)MPSCC Operating $12.50 money collected by Budget/cost Projection 'Palm Beach County from 2)$12.50 Fund Summary each moving traffic 3) MPSCC RFP Outline violation summary 4) Resolution 3A, 2000 5) Resolution 52,2002 6)PB County Resolution # R- 2002 -0192 Submitted by: [ ] Not Required Department Director Affected parties ]Notified Budget Acct. #: [ ] None Approved by: City Manag r [ ] Not required Date Prepared: 06/06/03 Meeting Date:06 /19/03 Resolution: 110, 2003 BACKGROUND: The City of Palm Beach Gardens has joined other municipalities to form Municipal Public Safety Communications Consortium of Palm Beach County, Inc. to improve interoperability of public safety radio in Palm Beach County. Previous resolutions approved Interlocal Agreements that established and agreed to committing certain funds to Municipal Public Safety Communications Consortium of Palm Beach County, Inc. for the communication project. These funds are $12.50 from each moving traffic violation, which are issued by Palm Beach Gardens Officers and collected by Palm Beach County. Florida Statues 318.21(9) permits any county, which participates in an intergovernmental radio communications to use the monies for interoperability of a radio communication project. The funds can only be used for radio interoperability. Through an agreement with Palm Beach County the $12.50 funds will be used by Municipal Public Safety Communications Consortium of Palm Beach County, Inc. to pay debt service for M/A COM to complete the backbone and necessary equipment to establish the interoperable 800 MHZ radio System. Implementation of the radio project will provide for the basic level of interoperability between existing radios systems for all municipal radio users. The planned radio system is fully digital voice and data functionality in one network. STAFF RECOMMENDATION: Approve resolution, pledging Palm Beach Gardens $12.50 moving violations funds for a minimum of twelve years, waiving the right to withdraw during the debt financing of the communication project, contingent on Municipal Public Safety Communications Consortium of Palm Beach County, Inc. securing financing for the 800 MHZ radio system, contracting with M /ACOM to provide system and agreement with Palm Beach County to lease system. RESOLUTION: 110, 2003 MPSCC Operating Budget Projection Rev 4 710 -03 Revenue Sources 02/03 03/04 04/05 05/06 06/07 Legal Expenses 24,000 5,000 3,000 3,000 3,000 Audits 3,000 3,000 3,060 3,121 3,183 Administration 40,000 75,000 78,000 81,120 84,365 Tower Leases 7,500 30,000 30,600 31,212 31,836 Connectivity Installation 34,640 N/A N/A N/A N/A Network Connectivity 5,000 35,500 35,500 35,500 35,500 Board Insurance 3,000 5,000 5,100 5,202. 5,306 Equipment Insurance 14,000 56,000 56,000 56,000 56,000 Facility Maintenance including generators 15,000 9,000 9,180 9,363 9,550 Infrastructure Maintenance 0 0 0 0 See maint budget Grant Matching Funds 15,000 0 0 0 0 Trustee Expenses 1,000 1,500 1,500 1,500 1,500 Financing Expenses 5,000 0 1 0 0 0 Support Services 60,000 80,000 25,000 15,000 10,000 Contingency 50,000 50,000 25,000 25,000 25,000 Total 277,140 350,000 271,940 266,018 265,240 Revenue Sources Notes • Assumption that installation will be in 4t' quarter of 2003 • Maintenance kicks in Sept 30, 2006 • Administration costs escalate by 4 % per year • Other costs escalate 2% per year • Equipment insurance costs stay level, depreciation is offset by increased replacement costs • ** from unspent contingency in costs section • * ** carry over to next year 02/03 03/04 04/05 05/06 06/07 Member Dues 135,000 220,000 220,000 266,000 267,000 Dues Carryover 1,940 18 902 * ** Grants 150,000 ? ? ? ? Contingency Carry Over 125,000 130,000 * *50;000 1,760 * ** Total 410,000 350,000 271,940 266,018 267,000 Notes • Assumption that installation will be in 4t' quarter of 2003 • Maintenance kicks in Sept 30, 2006 • Administration costs escalate by 4 % per year • Other costs escalate 2% per year • Equipment insurance costs stay level, depreciation is offset by increased replacement costs • ** from unspent contingency in costs section • * ** carry over to next year Ii!. Dues Estimate Rev 4 -10 -03 Size 02/03 03/04 04/05 05/06 06/07* Small (10) 4,000 8,000 8,000 9,500 9,500 Med (4) 10,000 .20,000 20,000 24,500 24,500 Large (2) 15,000 30,000 30,000 36,500 37,000 * Plus share of Maintenance costs • Minus Boca, Riviera J 06/07 Maintenance Costs by Number of Member Radio's* Rev 4 -10 -03 D13AFT FOR DISCussioN PURPOSES ONLY City Portables Mobiles Total 06/07 Maint. Cost Share Atlantis 23 7 30 3,150 Boynton Beach 140 30 170 17,850 Greenacres 67 48 115 12,075 Juno Beach 16 13 29 3,045 Jupiter 120 106 226 23,730 Lake Clarke Shores 10 4 14 1,470 Lake Worth 167 126 293 30,765 Lantana 32 15 47 4,935 Manalapan 14 8 22 2,310 North Palm Beach 210 65 275 28,875 Palm Beach 170 45 215 22,575 Pahn Beach Gardens 205 84 284 30,345 Pahn Springs 50 75 125 13,125 South Palm Beach 16 6 22 2,310 Tequesta 46 33 79 8,295 West Palm Beach 680 445 1125 118,125 Total 1966 1110 3076 322,980 * $322,345 maintenance costs (infrastructure only) divided by 3076 radio units = $105 per unit .7 MPSCC Member $12.50 Fund Summary Jan, 03 City 1 -00 to 9 -00 10 -00 to 9 -01 10 -01 to 09 -02 10 -02 to 1 -03 Total Atlantis 10,214.00 11,153.50 14,337.00 5,375.00 Boynton 44,057.40 62,801.30 66,238.50 (- 19,125)* _ 47,1 13.50 35,251 (- 8,500) ** _ 26,751.00 Greenacres 9,162.25 9,712.00 11,569.50 4,757.00 Juno 3,486.50 9,237.00 23,212.00 10,209.00 Jupiter 71,498.20 70,586.50 63,750.70 26,646.50 Lake Clarke Shores 13,209.50 21,699.50 20,287.50 8,119.50 Lake Worth 58,223.80 75,883.30 78,650.80 26,488.00 Lantana 20,437.80 20,949.00 13,365.00 5,037.50 Manalapan 1,099.50 2,275.00 1,612.50 937.50 North Palm 16,658.00 39,837.00 21,202.00 4,837.50 Palm Beach 8,149.50 11,667.80 10,300.00 4,151.06 Palm Beach Gardens 43,939.50 62,352.00 64,066.75 24,775.50 Palm Springs 18,143.00 24,874.50 29,492.00 10,204.50 Riviera Beach 27,690.70 54,094.49 39,458.00 10,255.50 South Palm 3,296.00 3,860.00 2,852.50 1,062.50 Tequesta 10,357.50 17,387.50 15,987.50 3,475.00 West Palm 210,725.20 380,518.21 385,545.41 129,294.08 Total 359,833.88 878,888.60 842,802.66 302,376.64 2,383,901.78 Notes 1. 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Through its balance of community cooperation and individual municipal autonomy, the MPSCC has defined a set of attributes — scalability, flexibility and interoperability — that must form the core of its public safety communications network. M/A -COM believes that the advanced communication technologies found in our OpenSky® Wireless Private Network make it a uniquely appropriate solution for the; partnership of municipal public safety organizations that constitute the MPSCC. The Base offering proposed by WA-COM is fully compliant with MPSCC specifications. To highlight the flexibility and scalability of the OpenSky network, also - -proposed is an Alternate system design that uses fewer sites and is still compliant with the intent and fundamental requirements of the RFP, while offering a lower entry price and a smooth path for future growth. The 0penSky Network Based on Standards: The OpenSky network represents a significant departure from the core concepts that have dominated the private trunked radio systems market for the past 25 years. While manufacturers of traditional trunked radio systems have continued to utilize highly proprietary signaling and networking methods, M/A -COM developed the OpenSky network using such globally accepted standards as CDPD packetized data and Internet Protocol (IP). The OpenSky network infrastructure features products from such industry leaders as Cisco Systems and Sun Microsystems — the kind of commercial, off-the-shelf networking and routing hardware commonly demanded for today's wired LAN. Designed for Highest Demand: The OpenSky network is a wireless private network designed to meet the demanding needs of public safety and wide area government applications. In particular, the OpenSky network utilizes Time Division Multiple Access (TDMA) technology to achieve very high levels of spectrum efficiency. Major subsystems included within this proposal include equipment and services required to provide fully integrated dispatch console systems, microwave connectivity, mobile data and vehicle and personnel location technology. One Infrastructure for Voice and Data: With the. OpenSky network, the Palm Beach County MPSCC will benefit from a shared, high capacity radio network that delivers trunked voice and data communication from a single infrastructure. The true integration of voice and data within one network means that the OpenSky network also allows the :MPSCC to meet its mobile voice and data communication requirements while using only one radio per vehicle. With the 4 OpenSky system proposed here for MPSCC, there is no need to construct separate networks to benefit from advanced wireless voice and data services. The use of Time Division Multiple Access (TDMA) technology and an advanced airlink protocol provides radio channel efficiency and performance stability unparalleled in the private land mobile radio industry. An OpenSky network provides robust data performance in peak loading conditions and high voice traffic capacity through an extremely spectrum - efficient design. Among the many specific features of the OpenSky system proposed for the Palm Beach County MPSCC: • 4 -SLOT TDMA UPGRADE option to maximize voice capacity; • ADVANCED wireless communication technology, field- proven in North America's largest private mobile radio network; • SOFTWARE -BASED subscriber radios capable of both voice trunking and high performance data communication at a data rate of 19.2 kbps; • SCALABLE, Internet Protocol -based network architecture employing state - of -the -art networking components for the communication backbone; • INTEROPERABILITY between existing conventional and trunked radio systems and the OpenSky network; • COST - EFFECTIVE wide area coverage even in low - density areas, enabled by lower cost pole - mounted base stations and vehicular repeater configurations. No dedicated control channels required because of OpenSky embedded trunking controls. • REDUNDANCY in control and switching equipment is easily implemented to ensure highly reliable voice and data communication. • FREEDOM to select the right peripheral application for your needs. Multiple options are offered with this proposal. OVER- THE -AIR PROGRAMMING & PROVISIONING greatly reduces management effort while dramatically increasing system manageability. PRICING & REQUESTED BREAKDOWN: Two designs were submitted in the RFP. r The Compliant Design had a total" cost of $16,988,223. The Alternative Design (also came to be know as Phase I) was the design intended to award based in' discussions. It has a total cost of $13,6345982. Of that 13M Number, the approximate, budgetary breakdown of the number is: *Engineering and Design: $1,1501246.00 *Project Services: $3,894,285.00 *Hardware & Infastructure $81590451.00 THESE NUMBERS ARE BASED ON THE RFP AND ARE SUBJECT TO REVIEW AND CHANGE BY MIA-COM. MAINTANCE: This includes ongoing years, from the RFP, for all system items for software, fixed and miscellanous materials. It excludes any work for subscriber units and is for the infastructure system only. Year 1 $3675,000.00 Year 2 $378,010.00 Year 3 $389,350.00 Year 4 $401,030.00 NOTES to Maintance: * Software Maintenance Contract M/A -COM will provide an optional software maintenance contract that includes periodic upgrades of any and all system operational software. The. following software upgrades will be covered: • Patches for defective software • New releases that are corrective revisions for earlier versions No cost enhancements to earlier releases New Software releases that contain enhancements (new features and capabilities) will be quoted for purchase by the MPSCC. WARRENTY: Standard Warrenty Terms: * M/A -COM's standard warranty is as follows: "Seller warrants for a period of twelve (12) months from the date of System Acceptance by Buyer or the date Buyer receives beneficial use of the system, whichever occurs first, or delivery by Seller of stand -alone equipment such as mobile and portable radios, that the said System or Equipment ( "Products ") (exclusive of the batteries which warranty shall be six (6) months from the date of shipment) will be free from defects in material and workmanship and will be in conformity with applicable specifications and drawings (the "Specifications "); provided, however, that this warranty shall not apply to any Products which shall have been abused or misused physically or electrically, or on which the trademark shall have been defaced or obliterated. Buyer shall request written return material authorization within the warranty period prior to the return of any nonconforming Products. If a Product is found not in conformance with this warranty, it will be covered by this warranty only if written authorization is requested within a period of twelve (12) months from the date of system acceptance and/or beneficial use, whichever occurred first. Authorization for return must be secured from Seller a: nd will not commit Seller to the making of any repair or replacement hereunder. Requests for return authorization should list types and quantities of Products involved, the reason for the request, information concerning operating conditions involved, and the period of use. In addition, the Order number and, where possible, the original invoice number covering the original purchase of the Products involved must be shown. Returned Products must be shipped, transportation prepaid, by the most practical method of shipment. Shipping costs will be credited to the Buyer for all Products found to be subject to warranty adjustment. Excessive transportation costs will not be allowed. Seller can accept no billing for packing; inspection, labor charges or other incidental costs in connection with any Products returned. Unless otherwise requested by Buyer, returned Products found not subject to this warranty will be sent back to Buyer, transportation collect. In all cases, Seller's determination will be final. With respect to Products found not in conformity with this warranty, the remedy will take the form, at Seller's option, of a replacement or repair of the defective or nonconforming Product. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES WHETHER WRITTEN, ORAL, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). IN NO EVENT WILL SELLER BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM BREACH OF THIS WARRANTY, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES. THE FOREGOING CONSTITUTES BUYER'S SOLE REMEDY AND SELLER'S SOLE LIABILITY FOR ' BREACH OF WARRANTY. In the event of replacement pursuant to the foregoing warranty, such warranty shall apply to the replaced Product. In the event of repair pursuant to the foregoing warranty, the validity of the foregoing warranty will be twelve (12) months from the date of shipment of the repaired Product less the period of time between the date of original shipment and the date on which Seller received return of the Product for repair." SOME TERMS & NOTES THAT MAY APPLY IN GENERAL: These are preliminary only and are not binding till contract agreement. 1 Please note that M/A -COM's professional liability insurance policy prohibits waiver of subrogation. 2 All indemnification and/or overall general liability provisions such as patent indemnification, personal liability, property loss, etc., including any exclusions of limitation of liability, are an important part of final contract discussions. 3 The Performance Bond should be issued to those phases which are fully funded. 4 M/A -COM agrees with the requirement for the performance bond to cover all direct costs associated with each released phase of the contract. The term "COST" as it relates to indirect, consequential, and incidental warrants further discussion. 5 M/A -COM is willing to negotiate with any lenders approved by MPSCC. 6 M/A -COM's standard payment terms are NET 30 days. 7 It is understood from this provision that MPSCC will indemnify M/A -COM from all such tax liability and obligations., 8 MIA-COM will make every reasonable good faith effort to become familiar with all relevant statutes and laws pertaining to the Request for Proposal. We also believe that MPSCC has an affirmative obligation to identify any other relevant laws and statutes that it believes may impact our proposal and request that MPSCC advise WA-COM of any such laws and statutes. 9 It is assumed that any subcontractor or third party supplier named in MIA-COM's proposal will not require further approval by MPSCC unless exception is taken prior to contract execution. 10 MIA-COM will not any accept a,liquidated damages provision without futher discussions. 11 MIA-COM assumes there will be no changes to the sites as defined in the Request for Proposal; unless noted and discussed pursurant to the final contract. 12 This proposal assumes that all site purchase or lease agreements will be in place in time to support the program schedule.' 13 All indemnification and/or overall general liability provisions such as patent indemnification, personal, liability, property loss, etc., including any exclusions of limitation of liability, are an important part of final contract discussions. 14 M/A -COM will defend all patent indemnity claims. 15 This proposal assumes that MPSCC will formally approve, conditionally approve, or reject such design in writing within 30 days after submission. 16 M/A -COM understands the concept of providing a "turnkey system" to mean the configuration of equipment and services to be provided pursuant to the terms of the Request for Proposal and resultant contract. 17 Any subcontractor that is selected by MPSCC must also be approved by M/A -COM. 18 The frequency and timing of any upgrades during any period should be mutually agreed upon between MPSCC and M/A -COM. 19 This proposal assumes that sufficient spares are purchased by MPSCC for the service prices quoted. 20 Passage of title and risk of loss shall be assumed by MPSCC at the time of system acceptance. 21 The frequency and timing of installation of upgrades during this period should be mutually agreed upon between MPSCC and M/A -COM. 22 MIA-COM WILL PROVIDE REQUIRED SERVICES FOR AT LEAST 7 YEARS FOLLOWING DATE OF SHIPMENT OF PRODUCTS AND WILL PROVIDE ADVANCE NOTICE OF INTENT TO CANCEL ANY PRODUCT LINE AT LEAST 90 DAYS IN ADVANCE OF SUCH CANCELLATION. 23 M/A -COM agrees to keep replacement parts or equivalents available for the customary hi ment. period of 7 years after shipment.' M/A -COM Background: MA-COM is well qualified to offer industry- leading wireless solutions. With fifty years of achievement in the wireless industry, including RF, microwave and millimeter wave technology and ;products, M/A -COM today maintains a leadership position in high performance wireless component technology and is recognized as strong in advanced wireless protocols. M/A -COM's heritage is rich with technical innovation and successful mission critical programs. With the OpenSky technology, M/A -COM delivers a new level of network capability in private radio applications. MA-COM, headquartered in Lowell, Massachusetts is a unit of Tyco Electronics, which is a division of Tyco International, Ltd., a diversified manufacturing and service company; Tyco International is the world's largest manufacturer and installer of fire and safety systems, the largest provider of electronic security services in North America and the United Kingdom, and has strong leadership positions in disposable medical products, packaging materials, flow control products, electrical and electronic components and underwater telecommunication systems. The Company employs more than 215,000 people and operates in more than 100 counties. Tyco International has facilities in Boca Raton, Florida and employs over 1,000 people in the State of Florida alone. Tyco International reported fiscal 2002 revenues of nearly $38 Billion, ranking Tyco International among the fifty largest companies in the world. This proposal is backed by the unreserved commitment of M/A -COM and the Tyco International organization to the successful deployment of an OpenSky system for MPSCC. Together, M/A -COM and Tyco International bring significant financial and organic strength to the task of completing this critical system. M /A -COM Experience: M/A -COM's OpenSky technology has been field proven in the widest area private mobile radio network in the United States. Over 15,000 mobile radios are presently in- service in the continent -wide network operated by FedEx Corporation, one of the world's most innovative users of wireless radio technology. At full deployment, FedEx,-will be served by over 40,000 new radios. The OpenSky network will also provide statewide trunked, digital voice and data service to twenty -two state agencies, in Pennsylvania, including the Pennsylvania State Police, as well as a number of Pennsylvania county governments, each with dozens of municipal public safety agencies depending on OpenSky technology. At this time, M/A -COM is actively engaged in the implementation of the State of Pennsylvania's OpenSky network, as; well as independent public safety networks for two Pennsylvania counties (Lancaster and Cumberland County). M /A -COM has also since the RFP been awarded Oakland County, MI a 36M county wide award for OpenSky for voice and data with NF interoperability. M/A -COM is also the radio system provider for the entire State of Florida and we are working a phased approach for the Florida State Wide System that is on schedule. M/A -COM also has completed the deployment of an OpenSky system as a part of a countywide transit voice and data' network for the Orange County, CA Transit Authority. RESOLUTION 3& 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING AN AGREEMENT BETWEEN THE CITY OF PALM BEACH GARDENS AND MUNICIPAL PUBLIC SAFETY COMMUNICATIONS CONSORTIUM OF PALM BEACH COUNTY. THE MAYOR TO EXECUTE SAME, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens maintains a police department utilizing radio communications services, and WHEREAS, the City of Palm Beach Gardens desire to enter into a cooperative arrangement to provide communications services benefiting public safety; and WHEREAS, the use of a consortium to provide radio communications services expands the geographical use of available frequencies for mutual aid and day -to -day activities; and WHEREAS, pursuant to this Interlocal Agreement, the police and fire departments will be able to communicate with each other benefiting public safety concerns; and WHEREAS, the City of Palm Beach Gardens desire to have improved radio communications with other county, state and federal public safety agencies, and WHEREAS, the City of Palm Beach Gardens has determined that it is advantageous to enter into this Agreement for the express purpose of cooperating in the provision of public safety communications services, and WHEREAS, Chapter 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1.969 ", authorizes local January 10, 2000 governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby authorizes the Mayor and City Clerk to execute an Interlocal Agreement between the City of Palm Beach Gardens and the Municipal Public Safety Communications Consortium SECTION 2 This Resolution shall take effect upon the date it is adopted INTRODUCED, PASSED, AND ADOPTED THIS 20a` DAY OF JANUARY 2000. ATTEST: LINDA V KOSIER, CMC, CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO ,APPROVED AS TO LEGAL FORM AND SUFFICIENCY CITY ATTORNEY AYE NAY ABSENT 10 CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 52, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, COMMITTING ITS PORTION OF FUNDS ALLOCATED BY PALM BEACH COUNTY RESOLUTION R- 2002 -0192 IN ACCORDANCE WITH SECTION 318.21(10), FLORIDA STATUTES, TO THE MUNICIPAL PUBLIC SAFETY COMMUNICATIONS CONSORTIUM (MPSCC) COMMUNICATIONS PROJECT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FORAN EFFECTIVE DATE. WHEREAS, section 163.01, Florida Statutes, authorizes local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, the implementation of an interoperable countywide municipal public safety communications system will allow municipal public safety agencies to improve the provision of services by virtue of enhanced interagency communication and cooperation; and WHEREAS, the Municipal Public Safety Communications Consortium ( "MPSCC ") was formed through the cooperative efforts of the various municipalities to plan and implement an interoperable countywide municipal public safety radio communications system; and < WHEREAS, the City of Palm Beach Gardens has joined 21 other Palm Beach County municipalities to form the MPSCC and the City has long been involved with its efforts to improve public safety communications; and WHEREAS, the MPSCC, through the diligent efforts of its member municipalities, has developed a plan for a municipal countywide interoperable communications system, which has been approved by the State of Florida, Office of Technology, as required by section 282.111 (5), Florida Statutes; and WHEREAS, section 318.21(10), Florida Statutes, permits any county which participates in an intergovernmental radio communications program approved by the State of Florida Department of Management Services to use $12.50 from each moving traffic violation to fund that county's participation in the program; and 51 r WHEREAS, a portion of the revenues collected are from violations which are written by municipal law enforcement officers within municipal limits; and WHEREAS, the Board of County Commissioners allocated a portion of the revenues generated by municipalities for their benefit under Resolution R99 -2343 D, as amended on February 5, 2002 by Resolution R- 2002 =0192, to encourage the interoperability of municipal communications systems and therefore enhancing the County's Intergovernmental Communications Plan; and WHEREAS, the member municipalities of the MPSCC desire to move forward with the construction of a supplement and enhancement to the County's interoperable countywide radio network, subject to the final approval of the capital budget provided in Section 12 of the MPSCC Interlocal Agreement. 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, as a member of the MPSCC, hereby pledges its support of MPSCC public safety communications plan and its inclusion as an enhancement and part of the State approved Palm Beach County Intergovernmental Radio Communications Program Plan. SECTION 3: The City of Palm Beach Gardens hereby commits its full share of the $12.50 traffic fine revenues, as allocated by the County through Resolution R- 2002 -0192, to the Eligible Expenses of the MPSCC for construction and implementation of its radio network for a prior of ten years from the date of contract with the radio vendor. SECTION 4: The City of Palm Beach Gardens requests that the County provide its portion of the $12.50 traffic fine revenues to, the MPSCC for construction of the radio system following the procedures set forth in County Resolution R- 2002 -0192. SECTION 5: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: 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 7: This Resolution shall become effective immediately upon adoption, provided, however, that this Resolution shall automatically be repealed if the City of Palm Beach Gardens exercises its right to withdraw from the MPSCC as provided in Section 12 -2- I of the MPSCC Interlocal Agreement within the prescribed timeframe following receipt of the capital budget. RESOLVED, ADOPTED AND APPROVED THIS If 7/ -/DAY OF 4VIZ- , 2002. ATTEST � - I t `•'- CITYCLERKV, I HE hat 1 have a roved this Resolution as 16- -f6rm. L NARD G. RUBIN, CITY ATTORNEY VOTE: khTNT�M�n , : 40iii AYE NAY ABSENT MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMAN CLARK / COUNCILMAN RUSSO / COUNCILWOMAN DELGADO _G -3- I RESOLUTION NO. R 2002 -0192 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, AMENDING RESOLUTION R -99- 2343D, SUPPORTING THE ALLOCATION OF A PORTION OF THE FUNDS COLLECTED PURSUANT TO SECTION 318.21(10), FLORIDA STATUTES, FOR THE BENEFIT OF THE MUNICIPALITIES AND THE ENHANCEMENT OF THE COUNTY'S INTERGOVERNMENTAL COMMUNICATIONS PROGRAM, AND PROVIDING FOR DISBURSEMENT PROCEDURES. WHEREAS, Section 318.21(10), Florida Statutes requires any county which participates in an intergovernmental radio communications program approved by the State of Florida Department of Management Services to use'$12.50 from each moving traffic violation to fund that county's participation in the program, and WHEREAS, a portion of the revenues collected are from violations which are written by municipal law enforcement officers within the municipal limits, and WHEREAS, the Board of County Commissioners has entered into a contract for, and has implemented a 800 MHz trunked radio public safety communications system which meets the requirements of FS 318.21(10) as determined by the State of Florida Department of Management Services and is currently being utilized by the County, some State and Federal agencies as well as by some municipalities, countywide, and WHEREAS, the Board of County Commissioners can encourage interoperability of municipal communications systems with the countywide public safety communications system by allocating a portion of the revenues generated by municipalities for their benefit and therefore enhancing the County's Intergovernmental Communications Plan, and WHEREAS, in order to encourage interoperability, the County adopted Resolution R99- 2343 D which now requires amendment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, that: 1. The purpose of the Resolution is to amend the process established by Resolution R99 -2343D by which a portion of the $12.50 Monies, specifically the monies collected from violations written by Municipal Law Enforcement Officers can be used to facilitate municipal participation in an interoperable public safety radio communications system. A. In order to implement this direction, on January 1, 2000, the County established separate Orgs within Fund 172. P.y. ; o/ 7 B. The Clerk of the Circuit Court has and will continue to assign all $12.50 monies that arelcollected from moving violations written by municipal law enforcement officers into the Municipal Org and all $12.50 monies that are collected from moving violations written by PBSO, Florida Highway Patrol and other non - municipal law enforcement agencies within Palm Beach County into the County Org. This supplements the requirements of Resolution R92 -1187 and amends Resolution R99 -2343D and to the extent that there are conflicting provisions, the provisions of this Resolution will prevail. 2. Definitions A. County Org.- The portion of the $12.50 monies i.n Fund 172 which are collected by PBSO, Florida Highway Patrol and other non - municipal law enforcement agencies. B. Countywide System - The 800 MHz trunked radio system funded, purchased, installed, maintained and owned by the County including fixed and field transmitting and receiving equipment, a microwave system for communications between sites, SmartZone Controller and related management equipment, dispatch consoles. and related equipment. C. Eligible Expenses - Capital purchases and other expenses which may be allowed pursuant to the requirements of 318.21(l 0), F.S. D. Fund 172 - The fund within the County's accounting system that all revenues collected pursuant to 318.21(10) F.S. are deposited. E. ICP System - The interoperable radio system(s) which are included in the approved State of, Florida Intergovernmental Communication Program (ICP), which approval may be amended from time to time. F. Municipal Ora - The portion of the $12.50 Monies in Fund 172 which were collected by municipal law enforcement officers. G. Municipal Public Safety Communications Consoritum (MPCSS) - An entity of municipalities created under interlocal agreement as provided for by Section 163.01. F.S. and incorporated as a not - for - profit organization created for the purpose of establishing an interoperable municipal radio system ,to be submitted to the State of Florida for approval for incorporation into the County's ICP. H. Participating Municipality - A municipality that is a part of the County System via one of the following three methods; 1) direct access, 2) connection through the SmartZone Controller, or 3) connection to a municipality which is connected through the SmartZone Controller (Hub). I. $12.50 Monies - The funds that are collected pursuant to 318.21(10) F.S. Ap, 1of 7 3. The Palm Beach County League of Cities ( "League ") has presented an allocation methodology to the Communications System and Operations Policy Advisory Committee ( CSOPAC) for ratification. The CSOPAC has ratified such allocation methodology and has provided the allocation methodology to the County to be used as the basis for distribution of funds from the Municipal Org, as required by Resolution No. 99- 2343D. 4. While the League had initially allocated all funds in the Municipal Org to the MPSCC, it is recognized by both the County and the League that certain municipalities may have already or will expend funds collected from sources other than the $12.50 monies which may meet the requirements of Eligible Expenses and therefore be eligible for reimbursement from the Municipal Org.; In order to provide fora methodology which allows for the equitable allocation of funds to municipalities with police departments for any Eligible Expense, the monies in the Municipal Org will be assigned to individual municipalities based on actual collections within that municipality. Exhibit A to this Resolution identifies the collections as of 10/31/01. Thus, any municipality shall be allowed to request reimbursement for Eligible Expenses up to the amount assigned to that municipality. 5. Requests for disbursements will be accepted for Eligible Expenses pursuant to the procedures for disbursement from the County attached hereto as Exhibit B, which may be modified from time to time by written approval of the County Administrator. The County shall update Exhibit A and distribute to all municipalities by February 15 " annually. Municipalities not participating on the Countywide System shall individually elect by resolution of the municipal governing body by May 1St annually, or for a longer term at the option of each municipality, whether it wants its allocation to be assigned to Eligible Expenses of the MPSCC. The MPSCC shall have the resolutions of the municipal governing bodies specifically identify the amount of the allocation which is being assigned to the MPSCC. These resolutions shall be used by the MPSCC as the funding evidence required by Exhibit B, Section 2B. 6. The County may expend Municipal Org funds only for Eligible Expenses. The County will disburse funds for subscriber units to Participating Municipalities. The County will allow Municipal Org funds of municipalities participating in the ICP System via the MPSCC, to purchase portable and mobile subscriber units with funds from the Municipal Org when sufficient equipment required to connect to the Countywide System is purchased and operational. this portion of page intentionally left blank Page 3 of 7 7. - The execution of this resolution does not create an entitlement for the municipalities to any of the funds collected pursuant to Section 318.21(10) F.S.. The foregoing resolution was offered by Commissioner McCarty , who moved its adoption. The motion was seconded by Commissioner Masi 1 ortt and upon being put to a vote, the vote was as follows: COMMISSIONER WARREN H. NEWELL - Aye COMMISSIONER CAROL A. ROBERTS - Aye COMMISSIONER KAREN T. MARCUS - Aye COMMISSIONER MARY MCCARTY - Aye COMMISSIONER BURT AARONSON _ Aye COMMISSIONER TONY MASILOTT I - Aye COMMISSIONER ADDIE L. GREENE _ Aye The Chair, thereupon, declared the resolution duly passed and adopted this 5"' day of February, 2002. 1 APPROVED AS TO FORM AND LEGAL SUFFICIENCY I\ -. a Ass't Cou p <y: a./ 7 PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS Dorothy H. Wilken, Clerk By. Deputy Clerk APPROVED AS TO CONDITIONS O.' QP y :cn Ccn OUNTY AND -C) tic 1�� W 0 L-r- `Jjjj\� . \\\\ Dir. 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N m a r y L 3 N N U y r � N c) LC) c CL a oF-L C 'c • D -p N 4) � ` «- O CL L- 0 C D Exhibit B Procedures for Disbursement from Palm Beach County Any agency requesting funding from Palm Beach County from the municipal portion of the $12.50 monies ("Requesting Agency's shall submit to Palm Beach County Facilities Development & Operations a Request for Funding ("Request'. The Request shall include the following. 1. The Request must demonstrate that the Requesting Party is interoperable (pursuant to the acceptable levels of interoperability established by the CSOPAC) with the ICP System. If the Requesting Agency is the MPSCC, it must also include a funded plan for becoming interoperable with the Countywide System. 2. The Request must identify; A) those items for which the Requesting Agency is seeking disbursement which must be compliant with the requirements of FS 318.21(10), and B) evidence that the funding has been committed for those purchases (form to be executed will be provided). If the Agency is the MPSCC, it must also include the non - $12.50 funding sources for all equipment included the plan for which funding is requested and a copy of the agreement to be signed with the vendor to demonstrate that items for which disbursement is sought are included in the contract, and that there are no on -going obligations being assumed by the County as a result of the MPSCC contract 3. The Request must include a maintenance plan which identifies who will be responsible for the maintenance of the equipment purchased with distributed funds. The agency with responsibility for maintaining the equipment (Maintenance Agency) will be responsible for replacing the equipment, if, or when required. 4. The Request must identify the officials of the Requesting Agency that has the ability to bind the Requesting Agency. 5. The Request must include an executed Equipment Use Agreement included as Attachment 1 to this Exhibit. The Request will be reviewed by the Facilities Development & Operations Dept which will determine compliance with the above. FD &O shall have 30 days to review the request at which time it will either be returned with a letter stating compliance or identifying the necessary modifications to bring the Request into compliance. Compliant requests of Participating Municipalities or the MPSCC will be approved by Facilities Development & Operations. If FD &O and the Requesting Agency are unable to agree on compliance, the request will be forwarded to an ad hoc group consisting of the County Administrator, the County Attorney, and the League's General Counsel for a final decision. P+5! 7 FD &O shall encumber the approved amount from the disbursement within the Participating Municipality or the individual municipality' (having assigned by resolution, their allocation to the MPSCC) portion of the $12.50 funds and provide a copy of the request and the approval letter to the Finance Department of the Clerk of the Circuit Court. The County will disburse to a Requesting Agency who is a Participating Municipality at any time during the calendar year, but in no case more frequently than semi - annually upon receipt of an invoice from the Requesting Agency specifying the amount of the disburseable costs incurred by the Requesting Party. If the Requesting Agency is the MPSCC, disbursements may be made at a frequency identified in its funding plan, but in no case more frequently than monthly. Disbursements shall be made within 21 days of receipt of a request for disbursement which meets the requirements of this Resolution. The total of all disbursements may not exceed the total of the Request. The first request for disbursement shall include a copy of any contract or purchase order against which the invoice is made. The County may reasonably request evidence that the invoice costs were actually incurred by the Requesting Agency and that the labor, services or materials for which payment is being made are a part of the ICP System. Each request for disbursement must be signed by the authorized representative of the Requesting Party certifying that the equipment has been received from the vendor and that such payment request is consistent with the approved Request. The request for disbursement may be in whatever format is acceptable to the Requesting Agency's Finance Department and is consistent with the terms of the Requesting Agency's contract or purchase order with the vendor. The Requesting Agency will be bound to the specifics (ie: type and quantity of equipment, timing, etc.) of the Request. Any modifications to the Request will require re- submittal to FD &O for written approval. ny. 6 of 7 t ATTACHMENT 1 TO EXHIBIT B EQUIPMENT USE AGREEMENT This Agreement applies to any and all equipment purchased with monies collected pursuant to 318.21(10) F.S.S. and placed in the $12.50 Intergovernmental Communications Fund ("$12.50 Fund'j. The term Agency refers to an entity which receives funds from the $12.50 Fund. A. The Agency will provide FD &0, at least 30 days prior to the installation of the asset, a list of all equipment purchased with $12.50 Fund monies. The list shall identify the asset by name, the purchase price of the asset, the work unit to which the asset is assigned. The County will provide the Agency with an asset number for each piece of equipment. The Agency will be responsible for tagging the equipment accordingly. The Agency may. chose to have the County tag the equipment and utilize the County's bar coding system if it chooses. B. By July 31" of each year, the Agency will provide the County with an inventory of the assets certified by the Agency Inventory Officer. The Agency Inventory Officer shall, at all times, comply with all requirements of any Statute governing localgovernment fixed assets. The Agency Inventory Officer shall be I (type name and position of Agency Inventory Officer). C.. The term of this Agreement is a 30 year period or the life span of the equipment whichever is shorter. During the term of this Agreement, the Agency shall be responsible for maintenance of the equipment. D. In the event that the Agency determines that it is appropriate to surplus a piece of equipment prior to the thirty year period, the Agency will provide the County with the equipment that is to surplused. Upon receipt of the equipment, the asset will be removed from the agencies inventory. The County shall dispose of the equipment. E. The Agency will use the equipment/purchases solely for uses allowed pursuant to the 318.21(10) F.S.S, and consistent with the approved Request for Funds. F. In the event that the Agency does not adhere to the terms of this Agreement, the County will provide notice and the Agency will have 30 days to cure the default. In the event that the default is not cured, the Agency shall be required to repay the monies disbursed from the $12.50 Fund within 30 days of the default. By signing below, the Agency agrees to abide by the terms of this Agreement. Witness Date Date of County Acknowledgment Signature of Authorized Agency Representative Print Name and Title of Authorized Agency Representative Signature of FD &O Director pnp. 7./ 7 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: June 9, 2003 RESOLUTION 110, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA PLEDGING ITS PORTION OF THE $12.50 MOVING VIOLATION FUNDS ALLOCATED BY PALM BEACH COUNTY RESOLUTION R- 2002 -0192, AS AMENDED, IN ACCORDANCE WITH SECTION 318.21(10), FLORIDA STATUTES, TO THE MUNICIPAL PUBLIC SAFETY COMMUNICATIONS CONSORTIUM COMMUNICATIONS PROJECT; AUTHORIZING THE EXECUTION AND DELIVERY OF A FIRST AMENDMENT TO INTERLOCAL AGREEMENT; WAIVING THE CITY'S RIGHTS TO WITHDRAW ITS PLEDGE DURING THE TERM OF THE DEBT FINANCING OF THE COMMUNICATIONS PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Municipal Public Safety Communications Consortium ( "MPSCC ") was formed through the cooperative efforts of the various municipalities to plan and implement an interoperable countywide municipal public safety radio communications system (the "Communications Project "); and WHEREAS, pursuant to previous resolutions the City of Palm Beach Gardens (the "City ") has joined the MPSCC, approved an Interlocal Agreement establishing the MPSCC, and agreed to commit certain of its funds to the MPSCC for the Communications Project; and WHEREAS, the implementation of an interoperable countywide municipal public safety communications system will allow municipal public safety agencies to improve the provision of services by virtue of enhanced interagency communication and cooperation; and WHEREAS, the MPSCC has now provided the City with its [2003 -2004] capital budget which includes a plan to incur indebtedness in order to finance the cost of acquisition, equipping and construction of the Communications Project (the "Debt Financing "); and WHEREAS, the MPSCC, through the diligent efforts of its member municipalities has developed finalized plans for a municipal countywide interoperable Communications Project network, has received proposals, and has selected M /A -COM, Inc. as its vendor, which has been approved by the State of Florida, Office of Technology, as required by Section 282.111(5), Florida Statutes; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: June 9, 2003 Resolution 110, 2003 WHEREAS, Section 318.21(19), Florida Statutes, permits any county which participates in an intergovernmental radio communications program approved by-the State of Florida to use $12.50 from each moving traffic violation (the "$12.50 Money ") to fund that county's participation in a communications program; and WHEREAS, a portion of the $12.50 Money collected by Palm Beach County, Florida is from violations which are written by the City's municipal law enforcement officers within the City; and WHEREAS, the Board of County Commissioners of Palm Beach County has allocated a portion of the $12.50 Money generated by municipalities for their benefit under Resolution R99 -2343 D, as amended on February 5, 2002, by Resolution R- 2002 -0192, and by Resolution to encourage the interoperability of municipal communications systems and therefore enhancing the County's Intergovernmental Communications Plan; and WHEREAS, the City and the MPSCC both desire to move forward with the construction of a supplement and enhancement to the County's interoperable countywide radio network through the Debt Financing and construction of the Communications Project and to give final approval of the capital budget provided in Section 12 of the MPSCC Interlocal Agreement; and WHEREAS, the City has been requested by the MPSCC to execute and deliver a First Amendment to Interlocal Agreement (the "First Amendment to Interlocal ") in order to amend and clarify certain provisions of the Interlocal Agreement; and WHEREAS, the City desires to irrevocably pledge and assign its share of the $12.50 Money to the MPSCC to pay debt service on the Debt Financing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council of the City of Palm Beach Gardens, as a member of the MPSCC, hereby pledges its support to the MPSCC, its public safety communications plan, the Debt Financing, the construction of the Communications Project, and its inclusion as an enhancement and part of the State approved Palm Beach County intergovernmental radio communications program plan. SECTION 3. The City hereby irrevocably pledges and commits its full share and allocation of the $12.50 Money to debt service on the Debt Financing issued to finance the construction and implementation of the Communications Project for twelve years from the date of issuance of such Debt Financing, and assigns its $12.50 Money to the MPSCC in full. 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: June 9, 2003 Resolution 110, 2003 SECTION 4. The City requests and directs that the County provide the City's portion of the $12.50 Money as so assigned and pledged to the MPSCC for debt service payments on the Debt Financing. SECTION 5. In order to secure the payment of the principal and the interest on the Debt Financing herein authorized, and in order to further secure the performance and observance of all of the covenants, agreements and conditions in said Debt Financing, the execution and delivery of the'First Amendment to Interlocal, a proposed form of which is attached hereto as Exhibit "A," is hereby authorized. The form of the First Amendment to Interlocal is hereby approved, subject to such changes, insertions and omissions and such filling of blanks therein as may be approved and made in such form of First Amendment to Interlocal, including any changes, insertions or omissions recommended by the City Attorney, bond counsel to MPSCC or counsel to the MPSCC, by either of the officers of the City executing the same, in a manner consistent with the provisions of this Resolution, such execution to be conclusive evidence of such approval. SECTION 6. The City waives its right to withdraw from the MPSCC as provided in Section 12 of the MPSCC Interlocal Agreement and acknowledged receipt of and hereby approves the MPSCC capital budget. SECTION 7. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 454 46 47 PASSED AND ADOPTED this ATTEST: AIN Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY M Christine P. Tatum, City Attorney Date Prepared: June 9, 2003 Resolution 110, 2003 day of , 2003. CITY OF PALM BEACH GARDENS, FLORIDA BY: Eric Jablin, Mayor VOTE: AYE NAY ABSENT MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO j: \bonds \444900 \samplecityreso. doc G: \attorney_sha re \RESOLUTIONS \mpscc.doc El FIRST AMENDMENT TO INTERLOCAL AGREEMENT This First Amendment to the Interlocal Agreement establishing the Municipal Public Safety Communications Consortium of Palm Beach County (hereinafter referred to as "MPSCC ") is made and entered in to this day of , 2003, by and between the municipalities of Atlantis, Boca Raton Boynton Beach, Greenacres, Juno Beach, Jupiter, Lake Clarke Shores, Lake Worth, Lantana, Manalapan, North Palm Beach, Palm Beach, Palm Beach Gardens, Palm Springs, Riviera Beach, Royal Palm Beach, South Palm Beach, Tequesta and West Palm Beach; each of which is a Florida municipal corporation located in Palm Beach County, Florida, and of each of which is referred to as a "member" of the MPSCC or as "city ". WHEREAS, the members have previously entered into an interlocal agreement establishing the Municipal Public Safety Communications Consortium of Palm Beach County ( MPSCC), said agreement hereinafter being referred to as the "Interlocal Agreement "; and WHEREAS, each of the members presently maintains a police or fire department utilizing radio communications; and WHEREAS, pursuant to the Interlocal Agreement the respective police and fire departments of the members will be able to communicate with each other and with other public safety agencies in Palm Beach County, ensuring countywide interoperability of radio communications and proving for the efficient communication of public safety concerns, ( "The Communications Project "); and WHEREAS, Chapter 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969 ", authorizes local government units to enter into agreements to cooperate with other localities to best serve the needs of the local communities; and I WHEREAS, the MPSCC has, in accordance with the Interlocal Agreement, facilitated the development of a county -wide interoperable radio communication service for the use of various public safety agencies in Palm Beach County; and WHEREAS, the state technology office has approved the implementation of the MPSCC's proposed Open Sky System as an interoperable part of the Intergovernmental Radio Communications Program (ICP) of Palm Beach County; and WHEREAS, Palm Beach County has agreed, as set forth in County Resolutions 92 -1187, 99 -1205 and 2002 -0192, that the $12.50 funds collected pursuant to Section 318.21, Florida Statutes, by the members of the MPSCC may be utilized by the MPSCC for this proposed interoperable radio system; and WHEREAS, the MPSCC has solicited and received proposals to establish an interoperable radio communication system which will provide access to the 800MHZ radio network for its members; and WHEREAS, the MPSCC has selected M/A Com as the provider of the new radio system including providing the backbone components and other necessary equipment to establish said radio system and provide access to the 800MHZ radio network for its members; and WHEREAS, the MPSCC is in the process of securing financing for the implementation of the interoperable radio system. NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations contained herein, the members hereby agree to amend the aforementioned interlocal agreement as set forth herein: Section 1. PURPOSE: A. To restate and specify the commitment of each member of the MPSCC to an interoperable radio system; 2 B. To approve the selection of M/A Com to provide the necessary equipment to complete the radio system backbone component and other necessary equipment to establish said radio system; and C. To authorize the MPSCC to secure financing to fund the acquisition of equipment from M/A COM. Section 2. DEFINITIONS: The definitions set forth in the interlocal agreement shall apply to this amendment. Section 3. AGREEMENT WITH M/A COM: The MPSCC is hereby authorized to enter into an agreement with M/A Com to provide the interoperable 800MHZ radio system for the municipal public safety agencies of Palm Beach County, which are parties to this agreement. Section 4. AGREEMENT WITH PALM BEACH COUNTY: The MPSCC is hereby authorized to enter into an agreement with Palm Beach County relative to the radio system. Said agreement shall include the following provisions: A. The radio system shall be owned by Palm Beach County and leased to the MPSCC, on a long -term basis, for a nominal sum ($1.00 a year). B. The radio system shall be interoperable as required in Section 318.21 (9), Florida Statutes, and as defined by the Communications Systems and Operations Policy Advisory Committee (CSOPAC). C. The members shall irrevocably pledge their $12.50 monies (which are currently held by the Clerk of the Circuit Court) to the MPSCC to be utilized to fund the acquisition of the Interoperable M/A Com radio system. Section 5. DEBT FINANCING: A. The MPSCC is hereby authorized to enter into an agreement to secure funding to acquire the interoperable radio system from M/A COM. 3 B. The City Council of the City of Palm Beach Gardens, as a member of the MPSCC, hereby pledges its support to the MPSCC, its public safety communications plan, the Debt Financing, the. construction of the Communications Project, and its inclusion as an enhancement and part of the State approved Palm Beach County intergovernmental radio communications program plan. C. The City hereby irrevocably pledges and commits its full share and allocation of the $12.50 money to debt service on the Debt Financing issued to finance the construction and implementation of the Communications Project for a period of time not to exceed twelve years from the date of issuance of such Debt Financing, and assigns its $12.50 Money to the MPSCC in full. D. The City requests and directs that the County provide the City's portion of the $12.50 money as so assigned and pledged to the MPSCC for debt service payments on the Debt Financing. Section 6. FINANCIAL OBLIGATIONS: A. The MPSCC shall commit that sufficient sums received by its members from moving traffic violations in accordance with Section 318.21 (9), Florida Statutes (2002), (commonly referred to as "12.50 Funds ") shall be utilized to pay for the purchase of the Interoperable Radio System. B. Each member of the MPSCC hereby irrevocably pledges all revenue received by the member pursuant to Section 318 (9), Florida Statutes ($12.50 funds), to the MPSCC to pay for the purchase of the Interoperable Radio System. 4 C. The members acknowledge that the cost of operating and maintaining the Interoperable Radio System shall be the responsibility of the members, each of which hereby authorized the MPSCC to develop a methodology of fairly allocating said cost. Section 7. MEMBERSHIP IN THE MPSCC: A. The following governments were parties to the interlocal agreement, but subsequently withdrew from the MPSCC: Boca Raton, Briny Breezes, Delray Beach, Gulfstream, Highland Beach, Hypoluxo Jupiter Inlet Colony, Lake Park, Mangonia Park, Ocean Ridge, Palm Beach Shores, Belle Glade, Pahokee, South Bay, and the School District of Palm Beach County (hereinafter "Withdrawn Agencies "). The withdrawn agencies are no longer members of the MPSCC and shall have no rights, responsibilities, or obligations relative to the radio system. B. The City of Boca Raton will remain a member of the MPSCC but shall not be obligated to pay any of the amounts set forth in Sections 6 and 7 hereinabove; nor shall Boca Raton have any right to participate in the M/A COM Interoperable Radio System. C. The City of Boynton Beach and the MPSCC had previously, on April 16, 2002, (pursuant to Boynton Beach Resolution R 02 -064), entered into an agreement which provided that Boynton Beach's allocation of its $12.50 monies to the Consortium was reduced by $150.00 per radio used by the City as of January 1St of the applicable calendar year, commencing with January 1, 2002. This Agreement is hereby ratified and confirmed as to Boynton Beach's obligation to pay its $12.50 monies to the MPSCC. Boynton Beach specifically agrees to pay its share of the operating and maintenance costs of the Interoperable Radio System as set forth in Section 6 C above. R Section 8. CANCELLATION OR WITHDRAWAL FROM THE MPSCC: The interlocal agreement (Section 1213) permitted members to withdraw from the MPSCC. In light of the commitment the MPSCC is making to establish the interoperable radio system, the option to withdraw from MPSCC shall no longer exist. Accordingly, paragraph B of Section 12 is hereby deleted. Section 9. CONTINGENCIES The members' obligations set forth herein are contingent on the MPSCC securing financing, contracting with M/A COM, and contracting with the County. Upon the fulfillment by the MPSCC of these contingencies, the obligations of the members shall be irrevocable. Section 10. GENERAL TERMS AND CONDITIONS: A. This amendment to the interlocal agreement, in conjunction with the interlocal agreement, sets forth all the rights, responsibilities and obligations of the members to each other, represents the entire understanding of the members, and supersedes all other negotiations, representations, or agreements, whether written or oral, relating to the subject matter of this amendment and the interlocal agreement. Neither this amendment to the interlocal agreement or the interlocal agreement can be changed, altered, amended, or modified except by written instrument signed by the duly authorized representatives of the parties. B. The headings given to the section herein are inserted only for convenience and are no way to be construed as part of this amendment to the interlocal agreement or as a limitation of the scope of the particular section to which the heading refers. C. This agreement setting forth an amendment the interlocal agreement is authorized by Section 163.01, Florida Statutes, being a joint exercise of power shared in common which any municipality could exercise 6 separately. This amendment to the agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County, Florida, upon execution by all of the members. D. Nothing stated under this amendment shall be construed to give any rights or benefits of any member to this agreement to anyone other than the above listed members, and all duties and responsibilities undertaken pursuant to this amendment to the interlocal agreement will be for the sole and the exclusive benefit of the members, and not for the benefit of any other. E. This amendment to the interlocal agreement may not be assigned by any member. F. This document can be signed in counterparts. Section 11. INTERLOCAL AGREEMENT REMAINS IN EFFECT: To the extent not specifically amended herein, all other provisions of the Interlocal Agreement shall remain in full force and effect. (The remainder of this page left intentionally blank) IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed this day of , 2003. ATTEST. Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Christine P. Tatum, City Attorney CITY OF PALM BEACH GARDENS in Eric Jablin, Mayor SWORN TO AND SUBSCRIBED before me this the day of , 2003, by who is personally known or produced identification and who did or did not take an oath. G:\ attorney _share\AGREEMENTS \Interlocal Agrmt mpsmrtf 8 NOTARY PUBLIC My Commission Expires: CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum' Date Prepared: June 5, 2003 Meeting Date: June 19, 2003 Resolution: 89, 2003 Subject/Agenda Item: Resolution 89, 2003 — Contract Award to Coral -Tech Associates, Inc. for the construction of improvements to the Burns Road Community Recreation Campus in the amount of $981,430.00 and a 5% contingency budget allocation. [ X ] Recommendation to APPROVE F 1 Recommendation to DENY Reviewed by: Originating Dept.: Costs: 1.030,501.50 Council Action: Angela Won (Total) Manager City Attorney Community Services Department [ ]Approved 0 $1,030,501.50 [ ]Approved w/ Current FY conditions City Engineer c4tv"G (I)"— [ ] Denied Finance Director .Funding Source: [ ] Continued to: Advertised: Attachments: Date: [ X ] Operating Paper: [ ] Other LBFH Recommendation • Bid Tabulation • Resolution 89, 2003 • Exhibit A: Coral -Tech Associates, Inc. Bid • Exhibit B: BRCRC Improvements Bid No. Sub i [ ] Not Required Jac Doug Community ervices Administrator Department Director Affected parties [ ] Notified Budget Acct. #: 001- 2080 - 519.6300 [ ] None Approxed by: City Man ger ( ] Not required Date Prepared: June 5, 2003 Meeting Date: June 19, 2003 Resolution: 89, 2003 • BACKGROUND: On May 2, 2002, City Council authorized LBFH, Inc. to provide planning and design services for Westminster Park and Burns Road Community Center for LBFH, Inc., which, together, is now known as the Burns Road Community Recreation Campus ( BRCRC). The project includes renovations to the old Westminster Preschool, an additional parking lot, landscaping, bocce courts, picnic pavilions and tables, shuffleboard courts, and reconstruction of the jogging trail. As part of the Burns Road Widening Project, the single -story building, previously known as the Westminster Preschool, located at the southwest portion of the campus was originally scheduled to be demolished. After closer analysis of the building by staff, it was determined that the building could be'preserved and utilized as an addition to the Community Center for recreation programs, primarily senior activities. Based on LBFH's preliminary analysis of the building, it was the opinion of the reviewing architecture firm, Oliver Glidden & Partners, that "the existing building can be economically renovated for the intended use..." 0 ThJt vision of this facility is to provide a center primarily programmed for the Senior population. Current facility use limits the Senior Program to the nine months in the winter and days only. This program would be expanded to include the summer months and evening programs with the additional facility space. This facility would provide the City with the necessary tools to meet the needs of a population that has indicated they would like additional services. Currently, staff is developing a design program that outlines program needs for each area of the facility. After the renovations are complete, the building will be known as the BRCRC Lakeside Building. The park master plan was presented and approved by City Council on March 6, 2003. A bid was released on May 7, 2003 with a submittal deadline of May 29, 2003. The City received two proposals as follows: A ■ Coral -Tech Associates, Inc. $981,430.00 ■ Anderson Moore Construction Corp. $1,017,020.55 After careful review by LBFH, Inc. and City staff, it is recommended that a contract be awarded to Coral -Tech Associates, Inc. as the lowest, most responsive bidder for the BRCRC Improvements. Funding for this project is being provided by a Florida Recreation Development Assistance Program (FRDAP) grant in the amount of $112,500, $792,000 from the Burns Road Widening Fund to mitigate the impacts of the roadway construction, and $304,952 from Recreation Impact Funds due to an increase in recreation benefits to the local residents. • STAFF RECOMMENDATION: Staff recommends approval of Resolution 89, 2003 authorizing a contract to Coral -Tech Associates, Inc. to construct improvements on the Burns Road Community Recreation Campus in the amount of $981,430.00 and a 5% contingency budget allocation. JUN. 5.2003 2:44PM PINC. CONSUtTINC ClVlt ENGINEERS, SURVEYORS & MAPPERS CIVIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEYING & MAPPING GIs "Partners for Results I Value by Design" j 2090 Palm Beach Lakes Blvd. Suite 600 West Palm Beach, FL 33409 (561) 664 -3375 Fax, (561) 689-8531 www.lbfh.com LBFH WPB June 5, 2003 Mayor Eric Jablin and City Council City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 Re: improvements to Burns Road Community Recreation Campus Dear Mayor Jablin and City Council: IYV. VJU i C Transmitted herein is the Bid Tabulation for the above referenced project, Bids for this project were accepted and opened by the City on May 29, 2003. We recommend, subject to concurrence by the City Attorney, that the City award this project to Coral -Tech Associates, Inc. in the amount of $ 981,430. Should you have any question, please contact me. Very truly yours, LBFH, Inc. Jeffrey D. Renault, P.E. JDR/dw Encl. I i I I I Bid Tabulation Construction of Improvements to Burns Road Community Recreation Campus May 29, 2003 pA02 -4251 \Bid Tabulation 05'29'03 5/29/03 Coral Tech Anderson -Moore Quantity Unit Price Amount Unit Price Amount A -1 Erosion & Water Pollution Control 2,951.00 2,974.00 A -2 Clearing and Grubbing 5,312.00 2,217.00 A -3 Remove and Dispose of Existing Asphalt Pavement and Base 2,535 2.12 5,382.00 2.14 5,424.90 A -4 Remove and Dispose of Existing Concrete Walk 380 12.47 4,740.00 12.57 4,776.60 A -5 Excavation and Embankment 1 6,122.00 6,169.00 Subtotal Bid Items A: Site Preparation & Demoltion 24,507.00 21,561.50 B -1 Sub grade (8' Stabilized LBR -30) 3,740 3.06 11,437.00 3.09 11,556.60 B -2 Base (6" Limerock) 3,640 8.24 29,990.001 8.31 30,248.40 B -3 Types S -3 (1" ) As halitic Concrete Surface Course 3,540 5.89 20,833.00 5.93 20,992.20 B -4 Ditch Bottom Inlet - Type C 1 2,204.431 2,204.00 2,223.00 2,223.00 B -5 Manholes Type J -7 ( <10') 3 3,328.83 9,987.00 3,355.00 10,065.00 B -6 Control Structure 1 4,270.27 4,270.00 4,303.00 4,303.00 B -7 Concrete Pipe Culvert 12" RCP 178 42.81 7,620.00 44.00 7,832.00 B -8 Concrete Pipe Culvert (15" RCP) 10 42.90 429.00 44.00 440.00, B -9 Corrugated Aluminum Pipe Culvert (12" CAP) 15 46.20 693.00 47.00 705.00 B -10 Slotted RCP - Exfiltration Pipe (15" SRCP) 219 69.30 15,177.00 70.00 15,330.00 B -11 4" Drainage Pipe (PVC) 170 14.03 2,384.00 15.00 2,550.00 B -12 6" Drainage Pie (PVC) 125 18.92 2,365.00 20.00 2,500.00 B -13 Type D Curb 635 11.33 7,194.00 12.00 7,620.00 13-14 Parkin Wheel Stops 67 24.20 1,621.00 15.00 1,005.00 B -15 Concrete Sidewalk 4" Thick -New 868 22.00 19,096.00 31.00 26,908.00 Subtotal Bid Items B: Pavement & Drainage 135,300.00 144,278.20 C -1 (R1 -1) Stop Sin 1 198.00 198.00 183.00 183.00 C -2 (R3 -5R) Right Turn Only 1 105.60 106.00 183.00 183.00 C -3 (FTP -26 and FTP -55 ) Handicap Sin 11 165.00 1,815.00 1,098.00 1,098.00 C -4 Reflective Pavement Marker, bi- directional Amber 6 8.80 53.00 40.00 40.00 C -5 Solid Traffic Stripe (Paint) 4 ") - White 1,900 0.35 669.00 527.00 527.00 C -6 Solid Traffic Stripe (Paint) (12 ") - White 110 1.08 118.00 74.00 74.00 C -7 Solid Traffic Stripe (Paint) (24 ") - White 20 3.30 66.00 23.00 23.00 C -8 Solid Traffic Stripe (Paint) (6 ") - Yellow 200 2.20 440.00 56.00 56.00 C -9 Handicap Stall Striping 11 165.00 1,815.00 366.00 366.00 C -10 Directional Arrows (Paint) 1 55.00 55.00 17.00 Subtotal Bid Items C: Pavement Marking & Si na a Items 5,335.00 2,567.00 D -1 Construct Sanitary Sewer Manhole (8'- 10'Dee) 1 4,843.841 4,844.00 4,881.00 4,881.00 D -2 Connect to Existing Sanitary Manhole 1 0.00 0.00 222.00 222.00 D -3 Connect to Existing Water Meter 1 110.00 110.00 111.00 111.00 D -4 2" Gate Valve 1 137.50 138.00 139.00 139.00 D -5 6" Clean -out 7 770.00 5,390.00 776.00 5,432.00 D -6 Install W.M. Service Line (2 ") 4101 8.36 3,428.00 9.00 3,690.00 D -7 Install 6" PVC Sanitary 385 20.38 7,847.00 8,085.00 Subtotal Bid Items D: Sewer & Water Items 21,757.00 22,560.00 New Senior Center Site7ughting Electrical Services E -1 Panelboard, Feeder Conduit & Wire 1 1,265.001 1,265.00 2,549.32 2,549.32 E -2 I Lighting Contractors, Time Clocks, Photocells 1 3,630.00 3,630.00 2,937.26 2,937.26 New Parking Lot Lighting E -3 Pole mounted Single Light Fixtures 22 1,265.00 27,830.00 836.85 18,410.70 E -4 Sidewalk Light Fixture, between courts 2 2,310.00 4,620.00 1,552.00 3,104.00 E -5 Wire 10,8001 0.41 4,400.00 1.00 10,800.00 E -6 Conduit, including ent. Sign spare conduit 3,900 0.991 3,850.00 1.00 3,900.00 E -7 Pull Boxes 1 440.001 440.00 3,281.00 3,281.00 pA02 -4251 \Bid Tabulation 05'29'03 5/29/03 Bid Tabulation Construction of Improvements to Burns Road Community Recreation Campus May 29, 2003 pA02425I\Bid Tabulation 05'29'03 5/29/03 Coral Tech Anderson -Moore Quantity Unit Price Amount Unit Price Amount Bocce Courts & Shuffle Board Courts E -8 Pole Mounted Single Fixtures 8 1,430.00 11,440.00 837.00 6,696.00 E -9 Pole Mounted Double Fixtures 6 2,090.00 12,540.00 1,059.00 6,354.00 E -10 Controls 1 2,200.00 2,200.00 1,973.00 1,973.00 E -11 Wire 1,400 1.491 2,090.00 2.00 2,800.00 E -12 Conduit 350 16.66 5,830.00 4.00 1,320.00 E -13 Pull Boxes 1 440.00 440.00 1,829.00 1,829.00 Demolition E -14 IMiscellaneous Demolition 1 605.00 605.00 555.00 555.00 Miscellaneous Electrical- E-15 Groundin & Miscellaneous Electrical 1 4,400.00 4,400.00 776.00 776.00 Subtotal Bid Items E: Electrical Costs 85,580.00 67,285.28 F -1 Cocos Nucifera Green Ma la an Coconut 1' C.W. 2 275.00 550.00 278.00 556.00 F -2 Cocos Nucifera Green Ma la an Coconut 3' C.W. 1 303.00 303.00 305.00 305.00 F -3 ICocos Nucifera Green Ma la an Coconut 5' C.W. 2 385.00 770.00 388.00 776.00 F -4 Cocos Nucifera Green Ma la an Coconut 7' C.W. 1 522.00 522.00 527.00 527.00 F -5 Dict os erma Album Princess Palm 5' C.W. 10 330.00 3,300.00 333.00 3,330.00 F -6 La erstroemia Indica Crape Myrtle 12' 21 220.00 440.00 222.00 444.00 F -7 La erstroemia S eciosa Queen Crape Myrtle 12' 2 220.00 440.00 222.00 444.00 F -8 Murra a Paniculata "Lakeview" Jasmine 6 -7' 2 165.00 330.00 167.00 334.00 F -9 Pinus Elliotti South Florida Pine 4 -5' 2 27.50 55.00 28.00 56.00 F -10 Pinus Elliotti South Florida Pine 8 -10' 2 110.00 220.00 111.00 222.00 F -11 Pinus Elliotti South Florida Pine 12 -14' 2 176.00 352.00 178.00 356.00 F -12 Pel o horum Pterocar um Yellow Poinciana 10 -12' 1 165.00 165.00 167.00 167.00 F -13 Quercus Vir iniana Live Oak 12 -14' 15 248.00 3,720.00 249.39 3,740.85 F -14 Sabal Palmetto "Curved" Cabbage Palm 8 -26' C.T. 30 126.50 3,795.00 127.47 3,824.10 F -15 Sabal Palmetto Cabbage Palm 8 -26' C.T. 60 110.00 6,600.00 110.84 6,650.40 F -16 Tabebuia Cariba Yellow Taabebuia 9 248.00 2,232.00 249.39 2,244.51 F -17 Chrysobalanus I. "Horizontal" Horizontal Coco plum 375 11.60 4,350.00 11.64 4,365.00 F -18 Crinum Asiaticum Crinum Lily 36" 14 27.50 385.00 27.71 387.94 F -19 Eu horbia Milii "Rosy" Dwarf Crown of Thorns 72 4.40 317.00 4.44 319.68 F -20 lHibiscus R. "Seminole Pink" Hibiscus Hedge 38 8.80 335.00 8.87 337.06 F -21 Jasminum Volubile Wax Jasmine 180 8.80 1,584.00 8.87 1,596.60 F -22 Lirio e M. "Evergreen Giant" Evergreen Giant Lirio e 262 2.75 721.00 2.78 728.36 F -23 M rcianthes Fra ans Sim son's Stopper 139 8.80 1,223.00 8.87 1,232.93 F -24 Phoenix Roebellinii Dwarf Date Palm 7 55.00 385.00 55.42 387.94 F -25 Philodendron "Xanadu" Dwarf Philodendron 70 12.10 847.00 12.20 854.00 F -26 ITripsacum Floridana Florida Gama Grass 260 8.80 2,288.00 8.87 2,306.20 F -27 ITripsachrm Dact loides Fakahatchee Grass 22 8.80 194.00 9.00 198.00 Miscellaneous Items F -28 Mulch 1 1,650.00 1,650.00 1,663.00 1,663.00 Sod F -29 St. Augustine Solid Sod 25,000 0.28 6,875.00 7,000.00 F -30 Bahia Sod Repair 1 5,445.00 5,445.00 3,326.00 F -31 St. Augustine Sod Repair 1 1 0.00 1,109.00 F -32 ITree Root Barrier 25 6.05 151.00 66.00 1,650.00 F -33 Automatic Irrigation 1 29,975.00 29,975.00 33,252.00 33,252.00 F -34 Shuffleboard Courts 5 5,802.40 29,012.00 10,158.00 50,790.00 F -35 Benches for Shuffleboard 10 825.50 8,255.00 1,366.00 13,660.00 F -36 Bench Shelters 21 19,536.00 39,072.00 25,508.00 51,016.00 F -37 Bocce Courts 3 14,410.00 43,230.00 22,807.00 68,421.00, F -38 lHorsesh oe Courts 6 4,913.33 29,480.00 1,574.00 9,444.00 Subtotal Bid Items F: Landscape Costsi 229,568.0011 278,021.57 pA02425I\Bid Tabulation 05'29'03 5/29/03 Bid Tabulation Construction of Improvements to Burns Road Community Recreation Campus May 29; 2003 p: \02- 4251\Bid Tabulation 05'29'03 5/29/03 Coral Tech Anderson -Moore Quantity Unit Price Amount Unit Price Amount G -1 Building Construction Items 1 12,500.00 12,500.00 555.00 555.00 G -2 Building Permits 1 7,000.00 7,000.00 2,217.00 2,217.00 G -3 General Conditions 1 104,000.00 104,000.00 44,336.00 44,336.00 G -4 Place Fill 1 0.001 0.00 1,109.001 1,109.00 G -5 Concrete Footings/Pads 1 2,002.00 2,002.00 1,996.00 1,996.00 G -6 Concrete Block Infill 1 17,046.00 17,046.00 13,301.00 13,301.00 G -7 Concrete Slab — Monolithic 1 12,918.00 12,918.00 3,326.00 3,326.00 G -8 Structural Steel 11 35,772.00 35,772.00 36,046.00 36,046.00 G -9 Demolition 1 25,093.00 25,093.00 13,146.00 13,146.00 G -10 Rough Carpentry 1 500.00 500.00 3,326.00 3,326.00 G -11 Finish Carpentry 1 1,830.00 1,830.00 4,434.00 4,434.00 G -12 Stucco/Soffits 1 6,490.00 6,490.00 16,626.00 16,626.00 G -13 Roof and Floor Trusses 1 0.00 0.00 3,326.00 3,326.00 G -14 Metal Roofing Canopies 1 5,500.00 5,500.00 4,181.00 4,181.00 G -15 Built Up Roofing/Flashing Roofing/Flashing & Downspouts 1 37,631.00 37,631.00 43,461.00 43,461.00 G -16 Glazing 1 16,830.00 16,830.00 34,361.00 34,361.00 G -17 Automatic Door Entry 1 0.00 0.00 13,301.00 13,301.00 G -18 Interior Doors and Trim 1 2,640.00 2,640.00 1,580.00 1,580.00 G -19 Door Hardware 1 4,758.00 4,758.00 5,653.00 5,653.00 G -20 Roof and Interior Wall Insulation 1 805.00 805.00 7,377.00 7,377.00 G -21 Drywall 1 16,529.00 16,529.00 18,810.00 18,810.00 G -22 Carpet 1 4,255.00 4,255.00 6,501.00 6,501.00 G -23 Tile 1 6,215.00 6,215.00 6,173.00 6,173.00 G -24 Cabinetry 1 8,457.00 8,457.00 8,302.00 8,302.00 G -25 Countertops 1 0.00 0.00 377.00 377.00 G -26 Toilet Accessories 1 1,064.00 1,064.00 3,059.00 3,059.00 G -27 Painting Exterior 1 6,965.00 6,965.00 3,326.00 3,326.00 G -28 Painting Interior 1 0.00 0.00 3,694.00 3,694.00 G -29 Plumbing Labor 1 10,249.00 10,249.00 7,759.00 7,759.00 G -30 Plumbing Materials/Fixtures 1 15,950.00 15,950.00 18,640.00 18,640.00 G -31 Electrical 1 27,335.00 27,335.00 56,673.00 56,673.00 G -32 Install Electrical Fixtures 1 2,860.00 2,860.00 4,212.00 4,212.00 G -33 Air Conditioning 1 43,984.00 43,984.00 39,404.00 39,404.00 G -34 Electrical Service 1 5,005.00 5,005.00 4,877.00 4,877.00 G -35 Final Grading 1 1,000.00 1,000.00 1,109.00 1,109.00 G -36 Construction Cleaning 1 1,200.00 1,200.00 5,653.00 5,653.00 G -37 Misc. Cleanup — Labor 1 5,000.00 5,000.00 799.00 799.00 Subtotal Bid Items G: Building Construction Costs 449,383.00 443,026.00 H -1 Mobilization 1 20,000.00 20,000.00 32,144.00 32,144.00 H -2 Survey Crew 1 6,000.00 6,000.00 2,217.00 2,217.00 H -3 Drawing Survey and Record Drawings 1 1,500.00 1,500.00 2,251.00 2,251.00 H -4 Maintenance of Traffic 1 2,500.00 2,500.00 1,109.00 1,109.00 Subtotal Bid Items H: Miscellaneous 30,000.00 37,721.00 Total Amount Bid Bid Items A through H 981,430.00 1,017,020.55 I -1 Picnic Pavilion (First One ) with BBQ 1 9,288.00 9,288.00 13,637.76 13,637.76 I -2 Picnic Pavilion Additional with BBQ 2 9,287.50 18,575.00 13,748.59 27,497.20 I -3 Picnic Tables 21 1,348.50 2,697.00 1,468.08 2,936.16 I -4 Trash Receptacle 2 867.00 1,734.00 590.001 1,180.00 1 -5 Bike Rack (7 ) 2 44.001 1,488 Qn.1 886.001 1,772.00 1 -6 Provide impact resistant storefront windows and doors at exterior in lieu of non-impact windows and doors with hurricane shutters. Add /(Delete) 1 11 1 19,828.0011 1 27,710.00 p: \02- 4251\Bid Tabulation 05'29'03 5/29/03 Bid Tabulation Construction of Improvements to Burns Road Community Recreation Campus May 29, 2003 p: \02- 425I\Bid Tabulation 05'29'03 5/29/03 Coral Tech Anderson -Moore Quantity Unit Price I Amount 11 Unit Price I Amount I -7 Add interior roof drains and rain water leaders with drywall enclosures. Use existing scuppe rs as emergency overflow scup ers. Add /(Delete) 1 11 25,760.00 23,720.00 I -8 1 Provide' Crossvile" porcelain the for T -1, T -2 and T -3 in lieu of specified ceramic tile. Add/(Delete) 2,588.00 2,123.00 Subtotal Bid Items I: Additive Alternative Bid Items 81,958.00 100,576.12 Total Amount Bid (All Items) 1,063,388.00 1,117,596.67 p: \02- 425I\Bid Tabulation 05'29'03 5/29/03 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Date Prepared: June 6, 2003 RESOLUTION 89, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AWARDING A CONTRACT TO CORAL -TECH ASSOCIATES, INC. FOR THE BURNS ROAD COMMUNITY RECREATION CAMPUS IMPROVEMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City desires to make improvements to the Burns Road Community Recreation Campus for the purpose of adding recreation facilities for use by the general public; and WHEREAS, the City issued an Invitation to Bid for these improvements, attached hereto as Exhibit "A "; and WHEREAS, the City received a bid in the amount of $981,430.00 from Coral - Tech Associates, Inc., attached hereto as Exhibit "B "; and WHEREAS, the City Council of the City of Palm Beach Gardens deems it to be in the best interests of the citizens and residents of the City of Palm Beach Gardens to award a contract to Coral -Tech Associates, Inc. to provide such services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby awards a contract for improvements to the Burns Road Community Recreation Campus to Coral -Tech Associates, Inc. in the amount of $981,430.00 with a 5% contingency budget allocation to be funded from the Recreation Impact Fund, and authorizes the Mayor and City Clerk to execute an agreement acceptable to the City Attorney with Coral -Tech Associates, Inc. SECTION 3. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 1 PASSED AND ADOPTED this 2 3 4 5 6 7 8 9 10 11 12 ATTEST: 13 14 15 16 BY: 17 Patricia Snider, City Clerk 18 19 20 APPROVED AS TO FORM AND 21 LEGAL SUFFICIENCY 22 23 24 25 BY: 26 Christine P. Tatum, City Attorney 27 28 29 30 VOTE: 31 32 MAYOR JABLIN 33 34 VICE MAYOR SABATELLO 35 36 COU NCI LM EMBER CLARK 37 38 COUNCILMEMBERRUSSO 39 40 COUNCILM EMBER DELGADO 41 42 Date Prepared: June 6, 2003 Resolution 89,2003 day of , 2003. CITY OF PALM BEACH GARDENS, FLORIDA fflu Eric Jablin, Mayor AYE NAY ABSENT 43 44 45 46 \ \pbgsfi1e\Admin \C0MMUN -1 \CI Projects\2002 -003 Westminster Park \Reso 89 2003 Coral Tech.doc 2 Date Prepared: June 5, 2003 Meeting Date: June 19, 2003 Resolution: 89, 2003 EXHIBIT A CITY BID NO. 2003-06 IMPROVEMENTS TO BURNS ROAD COMMUNITY RECREATION CAMPUS CITY PROJECT NO. 2002 -003 Date Prepared: June 5, 2003 Meeting Date: June 19, 2003 Resolution: 89, 2003 EXHIBIT B CORAL -TECH ASSOCIATES, INC. PROPOSAL FOR BRCRC IMPROVEMENTS -4 Bid Form BID PACKAGE #1 PROJECT IDENTIFICATION: Improvements to Bums Road Community Recreation Campus CONI R: AST. IDENTIFICA -TION,,AND= NWIBEI.;_ y- Improvements to Burns Road Community Recreation Campus _ Contract No. 02 -4251 Date: May 29, 2003 THIS BID IS SUBMITTED TO: City. of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents_ 2.01 Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. The Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of OWNER. 3.01 In submitting this Bid, Bidder represents, as set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged. Addendum No. Addendum Date ONE (1) 05/21/03_ TWO (2) 05/22/03 B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress, and performance of the Work_ C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress and performance of the Work. D_ Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as Bums Road Community Center 00300 -1 Bid Form MAYr 21. 2003 3:17PM LBFH WPB i N0. 775 P. 1 hIN C CONSULTING ENGINEERS. SURVEYORS d MAPPERS [j 2222 Colonial Road, Suite 201 Fort Pierce, Ftodda 34950 (551) 461 -2450 Fax (561) 465 -1225 ❑ 421 N.W. 3rd Street Okeechobee, Florida 34972 (941) 763.8999 Fax (941) 763.8692 ❑ 3550 S.W. Corporate Parkway Palm City, Rorida 34990 (561) 266-3883 Fax (561) 286.3925 ® 2090 Palm Beach Lakes Blvd. suite 600 West Palm Beach, Florida 33409 (561) e64 -3375 Fax (561) 689-8531 FAX Cover Sheet - 5�= 2103--_ Please deliver the following page(s) to: Name: Bidders List Firm Name: Fax Number: ( ) - Phone Number. ( ) We are transmitting 11 page(s), including this sheet. tf you do not receive all of the pages, please notify: Debbie Sender. Jeff Renault MESSAGE: xc JJ -f f M 31 0 w NC_ CORAL -TECH ASSOCIATES, INC. Coral Tech Assoc. - 954 -341 -7116 O'Connor & Taylor — 863 -3674 Anderson Moore Const. - 840 -9813 Catalfumo Construction - 493 -7017 T.M. Russell Contracting - 624 -3503 G & H Parker Const. — Abaco Contracting - CONFIDEN11AUTY NOTE MAY 2 12003 RECEIVED Original to Follow: ❑ Yes ® No This message and accompanying material is intended only for the use of the Individual or entity to which it is addressed and may contain informailon that is privileged, confidential and exempt from disclosure under applicable taw. If the reader of this message is not the Intended recipient, you are hereby notified that any dissemination, distribution, or copying of this telecopy, Is strictly prohibited. If you have received MIS teleoopy in error, please immediately nobly us by telephone collect and return the original message to us at the address listed above via U.S. Mall, Partners For Results —Value By Design 1A%U -GTA COMPANIES; Page 2 MAY., 21. 2003 3: 17PM LBFH WPB N0. 175 P. 2 ADDENDUM NO.1 May 21, 2003 . Construction Plans, Contract Documents and Technical Specifications For Improvements_ to Burns Road Community Recreation Campus City oPaIw► Beac2i Gardens � - - � �-�:. _ ._ _� _� �� Palm Beach County, Florida -_ PBG Project No. 2002 -003; LBFH Project No. 02-4251 To Prospective Bidders and Others Concerned This addendum sets forth changes and/or additional information as described and is hereby made a part of and should be attached to the subject contract documents. Bidders must acknowledge receipt of this Addendum No. 1 by signing the last page in the space provided and by submitting the executed addendum with the bidder's bid. General Attached is a copy of the mandatory pre -bid meeting sign -in sheet. Bids will be accepted only from contractors attending the mandatory pre-bid meeting as follows: 1. Coral Tech Associates 2. O'Connor & Taylor 3. Anderson Moore Construction 4. Catalfumo Construction 5. T.M. Russell Contracting 6. G & H Parker Construction 7. Abaco Contracting, Inc. Construction Plans 1. Sheet No. 3 — Site Demolition Plan. The existing structure at the southeast comer of the Annex Building has been removed by others. The existing concrete foundations for the structure are to be removed by the Contractor to 1' below finish grade. The cost for this work is to be included in the Contractor's bid for Item A -2 — Clearing and Grubbing. 2. Sheet No.-A1.0 of 11— Floor Plan. Add the following General Notes: A. Scope of 'Work Base bid shall cover all costs of: a- Limited demolition b. Structural modifications C. Re- roofing d. Exterior re- finishing e. Interior improvements including north terrace and south walks. new mechanical, electrical, plumbing and the Ai02- 4251wDDENDUM NO Ldoc I 5/21103 MA'. 21. 2003 3:17PM LBFH WPB N0. 115 P. 3 f. Coordinate this work with the site work contractor (which is not part of the agreement). B. Examination of Existing Conditions & Contract Documents Submission of Bid confirms that the Contractor and Subcontractor represent that they - - -- - - have: - - - _- - - - - - i. Visited the site and made due allowances for difficulties and contingencies. ii. Compared Contract Documents with existing conditions and informed themselves of conditions to be encountered' including work by others, if any, being performed, and iii. Notified Architect of ambiguities, inconsistencies, and errors they have discovered within the Contract Documents or between Contract Documents and existing documents. Failure to visit the site and become familiar with conditions shall not relieve Contractor or Subcontractor from furnishing materials or equipment or completing the Work in accordance with Contract documents at no additional cost. Contractor or Subcontractor will not be given extra payment or time for Work related to conditions they can determine by examining the site and Contract Documents. Contractor or Subcontractor will not be given extra payment or time for Work related to ambiguities, inconsistencies, or errors within Contract Documents, or between Contract Documents and existing conditions, when such ambiguities, inconsistencies, or errors are known to Contractor or Subcontractor before Contract execution unless Contractor or Subcontractor has notified Architect in writing of such condition before execution of Agreement Between Owner and Contractor. C. The Work shall not be considered Substantially Complete until a Certificate of Occupancy has been issued by the permitting authority, until all required inspection of the Work has been made and the Work fully approved by the inspecting governmental authority or authorities and the appropriate final inspection Certificates indicating full code compliance have been issued and AIA form G704 has been executed by all patties. D. Provide written warranty from the materials (manufacturer agreeing to replace/repair defective materials and workmanship, abnormal aging or deterioration of materials, and other failures required within warranty period. Repairs and replacements required because of acts of God and other events beyond manufacturer's control (and which exceed performance requirements) shall be completed and paid for by Contractor/Installer at prevailing.rates. L Warranty period is 1 year after date of Substantial Completion unless noted otherwise in specific sections of these specifications. ii. Provide 5 year HVAC warranty after date of substantial completion. P:102- 42511ADDENDUM No Moc 2 5/21103 - - - - - - - - - ...- ... -•..r a.vmrsaNltS� Page 4 n MAY, 21. 2003 3:18PM LBFH WP8 N0, 775 P. 4 E. The following allowances for materials and/or labor shall be provided for in the contract amount. Costs of materials shall be the Contractor's cost. Extras or rebates shall be provided as the case may warrant. Schedule of Allowances: (Included in Base Bid) Carpet - $15 /yard —level loop nylon direct glue down — material only Canopy wall sconces - $400 per fixture (4) quantity F. General Contractor shall be responsible for separating and coordinating the work of all subcontractors to complete the project. The project consists of limited demolition of existing finishes and structure, re- construction of roof deck and membrane, glazing system, repair and patch existing stucco, new metal roof canopies, new concrete patio, new interior fixtures and finishes and new NI EP systems. Contractor shall cooperate and coordinate as required for installation of applicable "Owner provided" items, All Owner telephone system, and security /entry system and low voltage wiring and installation shall be provided by the Owner or their vendors. Contractor shall coordinate and confirm all electrical requirements and locations with Owner's vendor. Coordinate building construction with site work contractor. G. Testing shall be performed as requited by a licensed, approved testing agency in accordance with the methods and procedures specified. Testing shall include, but not be limited to the following: Test & balance for HVAC work. H. Three -(3) items of each sample required shall be submitted to Architect for approval at least 10 working days prior to required approval. Items requiring sample submission shall include, but not be limited to, the following: 1. Ceramic Tile 2. Plastic Laminate 3. Paint Colors 4. Acoustical Tile 5. Carpet 6. Glass /frames P .-\02- 4251\ADDENDUM NO l.doc 3 5/21/03 JAC -CTA COMPANIES; Page 5 MAV- 21. 2003 3; 18 PM LBFH WPB N0. 775 P. 5 Note: Additional submittals may be requited. . See individual specification sections for additional items requiring submission. Items requtnng brochures or catalog cuts shall include, but not a ted to the following: _ 1. Air Conditioning Equipment & Devices 2. Finish Hardware 3. Electric Fixtures and switchgear 4. Plumbing Fixtures and Trim 5. Specialty Glazing Systems 6. Doors I. Contractor shall submit five prints to Architect of all Shop Drawings, for review and comment — General Contractor shall make prints and distribute approved shop drawings as required for return to Manufacturer or Subcontractor — 10 working days prior to required approval. Shop Drawings shall be reviewed and approved. (or noted) by Contractor prior to submittal to Architect. Incomplete Shop Drawings and Submittals shall be returned to the Supplier by the Contractor. Insufficient detail or inadequate shop drawings shall not constitute basis for delay. Shop Drawings shall include, but not be limited to, the following items: ARCHITECTURAL a. Casework b. Finish Hardware C. Plastic Laminates / Cabinetry d. Glazing System STRUCTURAL a. Metal roof deck b. Steel beam C. Canopies MECHANICALIPLUM 3 My a. Plumbing fixtures b. Piping types for water, sanitary & rainwater C. Exhaust fans PA02- 425AADDENDUM NO l.doc 4 5/21/03 MAY =.21.2003 3:18PM 5616898531 -� JAC -CTA COMPANIES; Page 6 LBFN WPB N0. 775 P. 6 d. Supply and return grills e. Controls ELECTRICAL _ . a. - .= , - Ltghtaing fixtures .► - — _ . - - - b. Light switches, outlets Shop Drawings shall be reviewed by Architect and returned, stamped either: 1. No exception taken 2. Make corrections noted 3. Revise and resubmit 4. Submit specified item S. Rejected 1. The Contractor shall be responsible for fully coordinating all aspects of the construction including cross referencing all obviously related documents and drawings. Should problems arise out of a lack of coordination in areas that could have reasonably been foreseen, no additional payment shall be warranted or approved by the Owner or the Architect. Should the services of the Architect and/or his Consultants be required to remedy or revise the construction due to, errors and/or omissions by the Contractor, compensation for these services shall be made by the General Contractor through the Change Order process or by separate agreement with the Architect and/or his Consultants. K. Limits of contract and construction are shown on the plans. Provide temporary barricades, flooring guards, etc., as required by Code for protection of worla nen and public and as required to complete the work in an expeditious manner. The facility will be closed during the entire construction process. Provide and maintain temporary toilet facilities. Provide all equipment required to maintain 'a continuous adequate supply of lighting and power and potable water for construction purposes. Contractor shall provide an on site construction office with phone and fax machine as well as a conference table for up to 6 people. Maintain current copy of all contract documents and permits at job site for Architects use. L. Contractor shall hire a professional land surveyor licensed in the State of Florida to provide all horizontal and vertical control for the project. Said surveyor shall also provide signed and sealed Record Drawing information at the end of the project as required by the Engineer /Architect. P.W2- 425AADDBNDUM NO Ldoc 5 5/21103 5816898531 -s JAC -CTA COMPANIES; Page 7 MA'!. 21. 2003 3: 18PM L8FH WPB N0. 715 P. ) M. Prior to final completion, Contractor shall thoroughly clean all surfaces of building, walks and drives. . Items which require particular attention include, but are not necessarily limited to, the following- Contractor shall clean glass and replace any broken glass. _ Contractor shall remove marks, stains, fingerprints and other soil or dirt from painted, decorated, or stained work. Contractor shall clean and polish hardware and metal work, removing stains, dirt, paint and the like. Contractor shall remove spots, soil and paint from marble and tile work and shall wash same. Contractor shall clean fixtures and equipment removing stains, paint, dirt and the like. Contractor shall remove temporary floor. protection where applicable and clean and polish/wax floors. Contractor shall remove and dispose of all trash from all interior spaces and from all areas of the site. N. The followin; items will not be included in the contract. (Where labor is not supplied by Owner, General Contractor shall include same in his Base Bid). All conduit required for a complete system shall be installed by the General Contractor as part of the base bid. Normal General Contractor coordination for Owner supplied items will be required of the Contractor. Once material is on job site. General Contractor shall be responsible for protecting all material (i.e. theft and vandalism). Telephone and Data Wining — Material and labor by Owner (outlets and conduit above ceiling by General Contractor). Security System — Material and labor by Owner. Sound system Vending machine Window treatments 3. Sheet No. A4.0 of 11— Building Elevations. A. In the Exterior Finish Schedule, Item No. 4; Drip Edge — P. \02- 4251WDDENAUM NO I -doc 6 5/21/03 - - - - -- - •-• a000a000i -� ,JAC -CTA COMPANIES; Page 8 MAY. 21. 2003 3:19PM LBFH WPB N0. 115 P. 3 Delete "Standard Manufacturer Color Off -White compatible with Building Color" A&'Custom Color Rust to match Palm Beach Gardens City Municipal Complex" B. In the Exterior Finish Schedule, Item No. 7, Canopies, Roof "RAL:902TPd `P1-- -� Add "Silver Metallic — Aeicor Metal Products" Contract Documents 1. Bid Form Delete Page 00300 -7 in its entirety. Add the attached Page 00300 -7, revised 5- 15 -03. The revisions include adding Additive Alternative Bid Items 1-6,1-7 and I -8. 2. Agreement On Page 00500 -1, Delete Paragraph 4.02, Dates for Substantial Completion and Final Payment in its entirety. Add the following Paragraph 4.02 "The following facilities are being paid for by a Florida FRDAP grant: Shuffleboard Courts (5), Bocce Courts (3), Horseshoe Pits (6), and Picnic Pavilion (lor 3). The grant funding does not include lighting or drainage for these facilities. It is essential that these facilities are substantially completed by August 22, 2003. These facilities will not be placed into service until the entire project is completed and accepted. As incentive for the completion of the FRDAP Grant Elements, a $10,000 bonus will be paid to the contractor if the elements listed above are substantially complete and invoiced on or before August 22, 2003. The bonus will be paid lump sum and all FRDAP Elements awarded should be certified substantially complete by the Engineer. For the balance of the work called for and specified, the project shall be substantially complete within 150 calendar days and the final completion date shall be within 180 calendar days from the date of the Notice to Proceed." Technical Specifications Delete Section 02882, Shuffleboard Court Contractor to construct the shuffleboard courts as shown and called for on the plans. All lines to be installed using approved stencil kit. Temporary painted markings may be used during the concrete curing time to establish substantial completion. PA02- 42MADDE MUM NO l.doc 7 5/21/03 MXY.21.2003 3:19PM LBFH WPB 51519898531 -> JAC-CTA COMPANIES; Page a NO. 775 P. 9 ENPUM NO. 1: To acknowledge receipt of this Addendum No. 1, please sign in the space-provided, and return this page with your submitted bid. a This ADDENDUM NO. 1, was received on 05/21/03 by Date PA02-42MADDENDUM NO LdOC 9 5/2V03 JAC-CTA COMPANIES; Page 10 MAV,. 21. 2003 3: 19PM LBFH WPB NO. 775 P. 10 Dollars Total Am=mt of Bid in Words Submitted by: (Name of Bidding- Firm) Submitted by. (Signature of Agent for Bidding Firm) Data The following additive alterttadve, bid items may be added to the Contract, at the Owner's option, at the prices bid below for each item. Install all items in accordance with accepted methods and codes. ITEM # ITEM Bit item 1: ADDITIVE ALTERNATIVE BU) ITEMS 1-1 Picnic Pavilion (First One) with BBQ 1-2 Picnic Pavilion (Additional) with BBQ 1-3 Picnic Tables 1-4 Trash Receptacle 1-5 Bike Rack (7) 1-6 Provide impact resistant storefront windows and' doors at exterior in lieu of non-impact windows and doors with hurricane 2 shutters. 1-7 Add interior roof drains and ram water leaden with drywall 2 enclosures. Use existing scuppers as emergency overflow S- scuppers- 1-8 Provide "CrossviW'porcelain tile for T -1, T-2 and T-3 in lieu of specified ceramic tile. Add/(Delete) Add/(Delete) Note: Items on the Base Bid and Alternate Bid items mayor may not be awarded- Final payment for all bid items Will be based on total qmtity installed. Bums Road Community Center 00300-7 Bid Form PeVWA UNIT PRICE UNIT QUANTITY AMOUNT EA 1 EA 2 $ EA 2 $ EA 2 $ S- EA 2 $ Add/(Delete) Add/(Delete) Add/(Delete) Note: Items on the Base Bid and Alternate Bid items mayor may not be awarded- Final payment for all bid items Will be based on total qmtity installed. Bums Road Community Center 00300-7 Bid Form PeVWA JAo'CrA cowpAwzsa; Page ` MAY` �� 1A0� ���OP� [QF� �yk ^ . ^,,^ '� ' , N(} 775 P. �! --- froer -.-_ ' ' .�. ..� ~ `. ---------- -----' — ---------' ' ------ -- ------ — -- --' ---- --- -- ---------------'-- -`—``-------- --- --''--------`-----`--- -• �- � - MANY. 22. 2003 4:09PM LBFH WPB N0. 797 P PIN ;� ��Fax cover CONSULTING ENGINEERS, SURVEYORS 5 MAPPERS [] 2222 Colonial Road, Suite 201 Fort Pierce, Florida 34860 (661) 461.2450 Fax (se1)485 -1225 ❑ 421 KW. ,W Street Okeechobee, Florida 34972 (941) 769 -8999 Fax (941) 763.6692 [] 35so S.W. corporate Parkway Palm city, Florida $4990 (561) 2863889 Fax (561) 28643925 2080 Palm Beach Lakes Bh+e, Suite Boo west Palm Beech, Fbrlda 33409 (661) 694.3375 Fax (661) 689 -8531 1) sheet ^0 << n(.r" ow st%1 voc Date: 5 -22 -03 LBFH E1F_ Please deliver the following page(s) to: MAY 2 2 2003 RECEIVED Name: Bidders List Firm Name: Fax Number. ( ) - Phone Number, ( ) We are transmitting 6 page(s), including this sheet. If you do not receive all of the pages, please notfy: Debbie Sender. Jeff Renault MESSAGE: Coral Tech Assoc. - 954 -341 -7116 O'Connor & Taylor — 863 -3674 Anderson Moore Const. - 840 -9813 Catalfumo Construction 493 -7017 T.M. Russell Contracting - 624 -3503 G & H Parker Const. -- 863 -0804 Abaco Contracting — 863 -3050 Original to Follow: ❑ Yes ® No CONFIDENTIALITY NOTE This message and accompanying material is Intended only for the use of the individual or entity to which It is addressed and may contain information that Is privileged, cort identlal and exempt from disclosure under applicable law. if the reader of this message is not the intended reclpiant, you are Hereby notified that any dissemination, distnbulion, or copying of this telecopy is strictly prohibited. It you have received this telecopy in error, please immediately notify us by telephone collect and retum the original message to us at the address listed above via U.S. Mad, Partners For Results —Value By Design Apcexved: 5/22 - /03 5:09pm; 56768985 i. 31 -> JAL; -- CORAPT93H ASAO&ATES, INC. • MAY. 22. 2003 4: 09 PM tBF8 WPB MAY 2 2 2003 ADDENDUM NO. 2 RECEIVED May 12, 2003 Construction Plans, Contract Documents and Technical Specifications For Improvements to Burns Road 'Community Recreation Camus Palm Beach County, Florida - PBG Project No. 2002-003; LBFH Project No. 02,4251 To Prospective Bidders and Others Concerned — This addendum sets forth changes and/or additional information as described and is hereby made a part of and should be attached to the subject contract documents. Bidders must acknowledge receipt of this Addendum No. 2 by signing the last page in the space provided and by submitting the executed addendum with the bidder's bid. Construction Plans I In Addendum No. I under Construction Plans, 2.A., Scope of Work, Item F, DELETE the words "(which is not part of the agreement)." 2. Sheet M2.1, Mechanical Plan DELETE this sheet in its entirety. ADD the attached Pages SD-1 through SD-4. These pages clarify duct sizes and routing. ACKNOWLEDGEMENT OF ADDENDUM NO. 2_ To acknowledge receipt of this Addendum No. 2, please sign in the space provided, and return this page with your submitted bid. This ADDENDUM NO. 2, was received on 05/22/03 by Date Coral egj VS at t4 John President PA02-4251\ADDENDUM NO 2400 1 5/22/03 i um. al R1101c: o r C�3 iiu�l,►7' n F I'mm; Rsceived: 5/22/03 5:09PM; MAY. 22. 20031 - : -101PM IBFH WPB Wrist cw amp I WCT "m BIRO 5618898531 -- JAC -CTA COMPANIES; Page 4 N0. 197 P. 4 P. 003 CORAL. -TECH ASSOCIATES, INC. E-d 0689- *as-t9S es-c-1 eT0 =0T EO Z2 Reu Rocalva0: 5/22/03 5:09PM; MAY. 22. 20.031p_4:10 M LBFH WPB 1. 5616898531 -> JAC -CTA UUMF'Ary -L=1x ra9n a N0. 797 P. 5 P. 004 'b "d 0989- ++09,T95 I estl e10 =0T ED 22 Feu INC R.t�ce rued: 5/22103 5:09PM; MAY. 22. 2003. 4:lOPNI� LBPH WP8 561 6898531 -- JAC - CTA UUMr^I-- , - W - -- N0. 797 P. 6 P. 005 CORAL -TECH ASSOCIATES, INC. a -s � -t W + � °sc i MAY 2 212003 RECEIVED sz-4a4 S -d Cass- *99 -Tss est-1 etn:nT cn » cos. provided in paragraph 4.02 of the General Conditions, and (2) reports and drawings of a Hazardous Environmental Condition, if any, which has been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. Bidder has obtained and carefully studied (or, assumes responsibility for having done so) all additional °or supplementary examinations, investigations, explorations; tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by-Bid er, inc Tudiiig app7ytng ifi`e specific means,-metYods; techiuqu`es, sErr "procedure construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. I. Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by ENGINEER is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. 4.01 Bidder further represents that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any individual or entity to refrain from bidding, and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): Burns Road Community Center 00300 -2 Bid Form Bid Form Unit Price Schedule Proposal For the Construction of Improvements to Burns Road Community Recreation Campus ITEM # ITEM UNIT QUANTITY UNIT PRICE 3,740 AMOUNT Bit Item A: SITE PREPARATION AND DEMOLITION 11,437.00 B -2 Base (6" Limerock) A -1 Erosion & Water Pollution Control LS $ 2,951.00 A -2 Clearing and Grubbing LS $ 5,312.00 A -3 Remove and Dispose of Existing Asphalt Pavement and Base SY 2,535 $ 2.12 $ 5,382.00 A -4 Remove and Dispose of Existing Concrete Walk SY 380 $ 12.47 $ 4,740.00 A -5 Excavation and Embankment LS $ 6,122.00 3 SUBTOTAL BID ITEMS A: SITE PREPARATION & DEMOLITION $ 24,507.00 [ iti�' iii7���P /��i1�►�rG\►U7�7:7�11ii /Gt�7� B -1 Subgrade (8' Stabilized LBR -30) SY 3,740 $ 3.06 $ 11,437.00 B -2 Base (6" Limerock) SY 3,640 $ 8.24 $ 29,990.00 B -3 Types S -3 (1 ") Asphalitic Concrete Surface Course SY 3,540 $ 5.89 $ 20,833.00 B -4 Ditch Bottom Inlet - Type C EA 1 $ 2,204.43 $ 2,204.00 B -5 Manholes Type J -7 ( <10') EA 3 $ 3,328.83 $ 9,987.00 B -6 Control Structure EA 1 $ 4,270.27 $ 4,270.00 B -7 Concrete Pipe Culvert (12" RCP) LF 178 $ 42.81 $ 7,620.00 B -8 Concrete Pipe Culvert (15" RCP) LF 10 $ 42.90 $ 429.00 B -9 Corrugated Aluminum Pipe Culvert (12" CAP) LF 15 $ 46.20 $ 693.00 B -10 Slotted RCP - Exfiltration Pipe (15" SRCP) LF 219 $ 69.30 $ 15,177.00 B -11 4" Drainage Pipe (PVC) LF 170 $ 14.03 $ 2,384.00 B -12 6" Drainage Pipe (PVC) LF 125 $ 18.92 $ 2,365.00 B -13 Type D Curb SY 635 $ 11.33 $ 7,194.00 B -14 Parking Wheel Stops EA 67 $ 24.20 $ 1,621.00 B -15 Concrete Sidewalk (4" Thick) - New SY 868 $ 22.00 $ 19,096.00 SUBTOTAL BID ITEMS B: PAVEMENT AND DRAINAGE $ 135,300.00 Bit Item C: PAVEMENT MARKING AND SIGNAGE ITEMS C -1 (R1 -1) Stop Sign EA 1 $ 198.00 $ 198.00 C -2 (R3 -5R) Right Turn Only EA 1 $ 105.60 $ 106.Op C -3 (FTP -26 and FTP -55) Handicap Sign EA 11 $ 165.00 $ 1,815.00 C -4 Reflective Pavement Marker, bi- directional (Amber) EA 6 $ 8.80 $ 53.00 C -5 Solid Traffic Stripe (Paint) (4 ") - White LF 1,900 $ 0.35 $ 669.00 C -6 Solid Traffic Stripe (Paint) (12 ") - White LF 110 $ 1.08 $ 118.00 C -7 Solid Traffic Stripe (Paint) (24 ") - White LF 20 $ 3.30 $ 66.00 C -8 Solid Traffic Stripe (Paint) (6 ") - Yellow LF 2,00 $ 2.20 $ 440.00 C -9 Handicap Stall Striping EA 11 $ 165.00 $ 1,815.00 C -10 Directional Arrows (Paint) EA 1 55.00 $ 55.00 SUBTOTAL BID ITEMS C: PAVEMENT MARKING & SIGNAGE ITEMS $ 5,335.00 00300 -3 Burns Road Community Center Revised 5 -15-03 Bid Form ITEM # ITEM UNIT QUANTITY E -4 UNIT PRICE EA AMOUNT Bit Item D: SEWER AND WATER ITEMS FT 10,800 E -6 Conduit, including ent. Sign spare conduit FT 3,900 D -1 Construct Sanitary Sewer Manhole (8' -10' Deep) EA 1 $ 4,843.84 $ 4,844.00 D -2 Connect to Existing Sanitary Manhole - NA EA 1 $ 0.00 $ 0.00 D -3 Connect to Existing Water Meter EA 1 $ 110.00 $ 110.00 D-4 2" Gate Valve EA 1 $ 137.50 ; $ 138.00 D -5 6" Clean -out EA 7 $ 770.00 $ 5,390.00 D -6 Install W.M. Service Line (2 ") LF 410 $ 8.36 $ 3,428.00 D -7 Install 6" PVC Sanitary LF 385 20.38 $ 7,847.00 SUBTOTAL BIDFI -EIS -D —SEWER A-ND WAT1= R -fT €M3 zz ,t 0 Bit Item E: ELECTRICAL COSTS New Senior Center Site Lighting Electrical Services E -1 Panelboard, Feeder Conduit & Wire LOT 1 $ 1,265.00 $ 1,265.00 E -2 Lighting Contractors, Time Clocks, Photocells LOT 1 $ 3,630.00 $ 3,630.00 New Parking Lot Lighting E -3 Pole mounted Single Light Fixtures EA 22 E -4 Sidewalk Light Fixture, between courts EA 2 E -5 Wire FT 10,800 E -6 Conduit, including ent. Sign spare conduit FT 3,900 E -7 Pull Boxes LOT 1 Bocce Courts & Shuffle Board Courts E -8 Pole Mounted Single Fixtures EA E -9 Pole Mounted Double Fixtures EA E -10 Controls LOT E -11 Wire FT E -12 Conduit FT E -13 Pull Boxes LOT Demolition 2,090.00 350 E -14 Miscellaneous Demolition LOT Miscellaneous Electrical 1 E -15 Grounding & Miscellaneous Electrical LOT 440.00 SUBTOTAL BID ITEMS E: ELECTRICAL COSTS 00300 -4 Burns Road Community Center Revised 5 -15-03 $ 1,265.00 $ 27,830.00 $ 2,310.00 $ 4,620.00 $ 0.41 $ 4,400.00 $ 0.99 $ 3,850.00 $ 440.00 $ 440.00 8 $ 1,430.00 $ 11,440.00 6 $ 2,090.00 $ 12,540.00 1 $ 2,200.00 $ 2,200.00 1,400 $ 1.49 $ 2,090.00 350 $ 16.66 $ 5,830.00 1 $ 440.00 $ 440.00 1 $ 605.00 $ 605.00 1 $ 4,400.00 $ 4,400.00 $ 85,580.00 Bid Form ITEM # ITEM UNIT QUANTITY UNIT PRICE AMOUNT 'Bit Item F: LANDSCAPE COSTS F -1 Cocos Nucifera Green Maylayan Coconut V C.W. EA 2 $ 275.00 $ 550.00 F -2 Cocos Nucifera Green Maylayan Coconut X C.W. EA 1 $ 303.00 $ 303.00 F -3 Cocos Nucifera Green Maylayan Coconut 5' C.W. EA 2 $ 385.00 $ 770.00 F -4 Cocos Nucifera Green Maylayan Coconut 7' C.W. EA 1 $ 522.00. $ 522.00 F -5 Dictyosperma Album Princess Palm 5' C.W. EA 10 $ 330.00 $ 3,300.00 F -6 Lagerstroemia Indica Crape Myrtle 12' EA 2 $ 220.00 $ 440.00 F -7 Lagerstroemia Speciosa Queen Crape Myrtle 12' EA 2 $ 220.00 $ 440.00 .--F-87- : _ - Murraya.Paniculata "LakevieW!- Jasmine 6 =Z,-- -- --- __ - i , -- -EA F -9 Pinus Elliotti South Florida Pine 4 -5' EA 2 $ 27.50 $ 55.00 F -10 Pinus Elliotti South Florida Pine 8 -10' EA 2- $ 110.00 $ 220.00 F -11 Pinus Elliotti South Florida Pine 12 -14' EA 2 $ 176.00 $ 352.00 F -12 Pelyophorum Pterocarpum Yellow Poinciana 10 -12' EA 1 $ 165.00 $ 165.00 F -13 Quercus Virginiana Live Oak 12 -14' EA 15 $ 248.00 $ 3,720.00 F -14 Saba[ Palmetto "Curved" Cabbage Palm 8 -26' C.T. EA 30 $ 126.50 $ 3,795.00 F -15 Sabal Palmetto Cabbage Palm 8 -26' C.T. EA 60 $ 110.00 $ 6,600.00 F -16 Tabebuia Cariba Yellow Taabebuia EA 9 $ 248.00 $ 2,232.00 F -17 Chrysobalanus I. "Horizontal" Horizontal Cocoplum EA 375 $ 11.60 $ 4,350.00 F -18 Crinum Asiaticum Crinum Lily 36" EA 14 $ 27.50 $ 385.00 F -19 Euphorbia Milii "Rosy" Dwarf Crown of Thorns EA 72 $ 4.40 $ 317.00 F -20 Hibiscus R. "Seminole Pink" Hibiscus Hedge EA 38 $ 8.80 $ 335.00 F -21 Jasminum Volubile Wax Jasmine EA 180 $ 8.80 $ 1,584.00 F -22 Liriope M. "Evergreen Giant" Evergreen Giant Liriope EA 262 $ 2.75 $ 721.00 F -23 Myrcianthes Fragans Simpson's Stopper EA 139 $ 8.80 $ 1,223.00 F -24 Phoenix Roebellinii Dwarf Date Palm EA 7 $ 55.00 $ 385.00 F -25 Philodendron "Xanadu" Dwarf Philodendron EA 70 $ 12.10 $ 847.00 F -26 Tripsacum Floridana Florida Gama Grass EA 260 $ 8.80 $ 2,288.00 F -27 Tripsachrm Dactyloides Fakahatchee Grass EA 22 $ 8.80 $ 194.00 Miscellaneous Items F -28 Mulch LS 1 $ 1,650.00 $ 1,650.00 Sod F -29 St. Augustine Solid Sod SF 25,000 0.28 $ 6,875.00 F -30 Bahia Sod Repair LS 1 5,445.00 $ 5,445.00 F -31 St. Augustine Sod Repair - SEE F -31 LS 1 $ 0.00 F -32 Tree Root Barrier LF 25 $ 6.05 $ 151.00 F -33 Automatic Irrigation LS 1 $ 29,975.00 $ 29,975.00 F -34 Shuffleboard Courts EA 5 $ 5,802.40 $ 29,012.00 F -35 Benches for Shuffleboard EA 10 $ 825.50 $ 8,255.00 F -36 Bench Shelters EA 2 $ 19,536.00 $ 39,072.00 F -37 Bocce Courts EA 3 $ 14,410.00 $ 43,230.00 F -38 Horseshoe Courts EA 6 $ 4,913.33 $ 29,480.00 SUBTOTAL BID ITEMS F: LANDSCAPE COSTS $ 229,568.00 00300 -5 Burns Road Community Center Revised 5 -15-03 Bid Form Bit Item H H -1 H -2 H -3 H -4 MISCELLANEOUS Mobilization Survey Crew Drawing Survey and Record Drawings Maintenance of Traffic LS SUBTOTAL BID ITEMS H: MISCELLANEOUS LS LS LS TOTAL AMOUNT BID (BID ITEMS A THROUGH H) 00300 -6 Burns Road Community Center Revised 5 -15-03 1 $ 20,000.00 $ 20,000.00 1 $ 6,000.00 $ 6,000.00 ITEM # ITEM UNIT QUANTITY 1 $ UNIT PRICE $ AMOUNT 13it Item G: BUILDING CONSTRUCTION ITEMS G -1 Building Construction Items LS 1 $ 12,500.00 $ 12,500.00 G -2 Building Permits LS 1 $ 7,000.00 $ 7,000.00 G -3 General Conditions LS 1 $ 104,000.00 $ 104,000.00 G -4 Place Fill LS 1 $ 0.00-.$ 0.00 G -5 Concrete Footings /Pads LS 1 $ 2,002.00 $ 2,002.00 G -6 Concrete Block Infill LS 1 $ 17,046.00 $ 17,046.00 G -7 Concrete Slab - Monolithic LS 1 $ 12,918.00 $ 12,918.00 - G4. -... -- Structural Steel G -9 Demolition LS 1 $ 25,093.00 $ 25,093.00 G -10 Rough Carpentry LS V $ 500.00 $ 500.00 G -11 Finish Carpentry LS 1 $ 1,830.00 $ 1,830.00 G -12 Stucco /Soffits LS 1 $ 6,490.00 $ 6,490.00 G -13 Roof and Floor Trusses - NA LS 1 $ 0.00 $ 0.00 G -14 Metal Roofing Canopies LS 1 $ 5,500.00 $ 5,500.00 G -15 Built Up Roofing /Flashing & Downspouts LS 1 $ 37,631.00 $ 37,631.00 G -16 Glazing LS 1 $ 16,830.00 $ 16,830.00 G -17 Automatic Door Entry - SEE G -16 LS 1 $ 0.00 $ 0.00 G -18 Interior Doors and Trim LS 1 $ 2,640.00 $ 2,640.00 G -19 Door Hardware LS 1 $ 4,758.00 $ 4,758.00 G -20 Roof and Interior Wall Insulation LS 1 $ 805.00 $ 805.00 G -21 Drywall LS 1 $ 16,529.00 $ 16,529.00 G -22 Carpet LS 1 $ 4,255.00 $ 4,255.00 G -23 Tile LS 1 $ 6,215.00 $ 6,215.00 G -24 Cabinetry LS 1 $ 8,457.00 $ 8,457.00 G -25 Countertops - SEE G -24 LS 1 $ 0.00 $ 0.00 G -26 Toilet Accessories LS 1 $ 1,064.00 $ 1,064.00 G -27 Painting Exterior LS 1 $ 6,965.00 $ 6,965.00 G -28 Painting Interior - SEE G -27 LS 1 $ 0.00 $ 0.00 G -29 Plumbing Labor LS 1 $ 10,249.00 $ 10,249.00 G -30 Plumbing Materials /Fixtures LF 1 $ 15,950.00 $ 15,950.00 G -31 Electrical LS 1 $ 27,335.00 $ 27,335.00 G -32 Install Electrical Fixtures LS 1 $ 2,860.00 $ 21860.00 G -33 Air Conditioning LS 1 $ 43,984.00 $ 43,984.00 G -34 Electrical Service LS 1 $ 5,005.00 $ 5,005.00 G -35 Final Grading LS 1 $ 1,000.00 $ 1,000.00 G -36 Construction Cleaning LS 1 $ 1,200.00 $ 1,200.00 G -37 Misc. Cleanup - Labor LS 1 $ 5,000.00 $ 5,000.00 SUBTOTAL BID ITEMS G: BUILDING CONSTRUCTION ITEMS $ 449,383.00 Bit Item H H -1 H -2 H -3 H -4 MISCELLANEOUS Mobilization Survey Crew Drawing Survey and Record Drawings Maintenance of Traffic LS SUBTOTAL BID ITEMS H: MISCELLANEOUS LS LS LS TOTAL AMOUNT BID (BID ITEMS A THROUGH H) 00300 -6 Burns Road Community Center Revised 5 -15-03 1 $ 20,000.00 $ 20,000.00 1 $ 6,000.00 $ 6,000.00 1 $ 1,500.00 $ 1,500.00 1 $ 2,500.00 $ 2,500.00 $ 30,000.00 $ 981,430.00 Bid Form NINE HUNDRED EIGHTY ONE THOUSAND FOUR HUNDRED THIRTY & 00/100 DOLLARS. Total Amount of Bid in Words Coral -Tech Associates Inc. Submitted by: of Bid g Firm) Submitted (S a o Agen or Bidding Firm) Date John J. Yan iak. President The following additive alternative bid items may be added to the Contract, at the Owner's option, at the prices bid below for each item. Install all items in accordance with accepted methods and codes. ITEM # ITEM Bit Item I: ADDITIVE ALTERNATIVE BID ITEMS 1 -1 Picnic Pavilion (First One) with BBQ 1 -2 Picnic Pavilion (Additional) with BBQ 1 -3 Picnic Tables 1 -4 Trash Receptacle 1 -5 Bike Rack (7) 1 -6 Provide impact resistant storefront windows and doors at exterior in lieu of non - impact windows and doors with hurricane shutters. 1 -7 Add interior roof drains and rain water leaders with drywall enclosures. Use existing scuppers as emergency overflow scuppers. 1 -8 Provide "Crossvile" porcelain tile for T -1, T -2 and T -3 in lieu of specified ceramic tile. UNIT QUANTITY UNIT PRICE AMOUNT EA 1 $ 9,288.00 $ 9,288.00 EA 2 $ 9,287.50 $ 18,575.00 EA 2 $ 1,348.50 $ 2,697.00 EA 2 $ 867.00 $ 1,734.00 EA 2 $ 744.00 $ 1,488.00 $ 19,828.00 Add $ 25,760.00 Add $ 2,588.00 Add Note: Items on the Base Bid and Alternate Bid items may or may not be awarded. Final payment for all bid items will be based on total quantity installed. Burns Road Community Center 00300 -7 Revised 5 -15-03 Bid Form 6.01 Bidder agrees that the Work will be substantially completed and completed and ready for final payment in accordance with paragraph 14.07.B of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which 'shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid. A. Required Bid security in the form of a Bid Bond ; B. A tabulation of Subcontractors, Suppliers [and other] individuals and entities required to be identified in this Bid; C. Required bidder qualifications statement with supporting data; and D. Sworn statement pursuant to Section 287.133(3)(a), Florida Statutes, on Public Entity Crimes, and the Trench Safety Affidavit. 8.01 The terms used in this Bid with initial capital letters have the meanings indicated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. SUBMITTED on MAY 29 2003 . State Contractor License No. CGCO21960 (If applicable) If Bidder is: An Individual Name (typed or printed): By: (SEAL) (Individual's signature) Do-mg business as: Business address: Phone No.: FAX No.: A Partnership Partnership Name: (SEAL) (Signature of general partner -- attach evidence of authority to sign) Burns Road Conununity Center 00300 -8 Bid Form Name (typed or printed): Business address: Phone No.: FAX No.: A Corporation Corporation Name: Coral —Tech Associates, Inc. (SEAL) State of Incorp n: Flori — Type (Genera s' s, P afessi al, Service, Limited Liability): General Business BY: ( Signatur - attach evidence of authority to sign) Name (typed or punted): ohn J . Yanoviak Title: President (CORPORATE SEAL' ) Attest U (Sig atu e of Corporate Secretary) Ann Yanoviak Business address: 10211 West Sample Road, Suite 207 Coral Springs, Florida 33065 PhoneNo.: (954) 753 -7252 FAXNo -: (954) 341 -7116 Date of Qualification to do business is January 16, 1985 A Joint Venture Joint Venturer Name: (SEAL) By: (Signature of joint venture partner -- attach evidence of authority to sign) Name (typed or printed): Title: Business address: Phone No.: Joint Venturer Name: LM FAX No.: (Signature -- attach evidence of authority to sign) (SEAL) Burns Road Community Center 003009 Bid Form Name (typed or printed): Title: Business address: Phone No.: FAX No.: Phone and FAX Number, and Address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.) Burns Road Community Center 00300.10 Bid Form J BID BOND 1 BIDDER (Name and Address): ' Coral Tech Associates, Inc. 10211 W. Sample Road Ste 207 Coral Springs, FL 3`b6 -5 - NAme and Address of Principal Place of Busines5j: Mid State Suretv Corporation ylt$U bdlleria Court, Jte 3UU Naples, FL 341UT- OWNER (Name and Address): City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33420 BID BID DUEDATi: May 29, 2003 PROJECT (Brief Description Including Location): Work of this proposed Contract is generally described as construction of Improvements to the Burns Road Community Recreation Campus - BOND BOND NUMBER. 840164 DATE (Not later than Bid due date): M a y PENALSUM: Five Percent ot bid Amount 5% of Bid Amount (Words) (Figures) IN WrFNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent, or representative. BIDDER Cora ?VT Ass iates, I(g &t) Bidde N nft_-al By J P�sta �wt-' Attest: gna a and de SURETY Mid State Surety Corporatj Slue N rate Seat Signature and Title o b r t'ARYP Nwe ifN"% In Fact Attest: Signature and Title Witness Note: (1) Above addresses are to be used for giving required notice - (2) Any singular reference to Bidder, Surety. OWNER or other party shall be considered plural where applicable. Bum= Road Community Center OOaI T- I Bid Bond MID -STATE SURETY CORPORATION N2 840164 GROSSE POINTE FARMS, MICHIGAN 48236 POWER OFATTORNEY Cnow All Men By These Presents.: r'hat the MID -STATE SURETY CORPORATION, a corporation of the State of MICHIGAN, having its principal offce in the City of Grosse Pointe f arms, Michigau,, pursuant_ta_ authority grantedbyatresoluLio& --,ofits' mat -d- of�ir,--ctors,,whielireads_ - _- r'he President, the Vice President, or the Treasurer of this Corporation shall have authority to appoint-in writing such attorneys-in-fact, as the nusiness of the Corporation may require, and to authorize such attorneys-in-fact, and each of them to execute on behalf of the Corporation, any fonds, recognizances, stipulations, contracts of indemnity and other undertakings of like character, or to exercise any lesser number of said powers is hereinbefore set forth. "Said appointments shall be attested by the Secretary or a Vice President of this Corporation under its seal. The signature of the Secretary or any Vice President to certified copies of such powers of attorney may be original or facsimile, and when the corporate seal is affixed thereto, any third )arty may rely on said certified copies of powers of attorney as the act and deed of this Corporation. The President, the Vice President, or reasurer may revoke any appointment made pursuant hereto, and revoke any and all authority conferred by any such appointment. " loes hereby nominate, constitute and appoint Robert Barra - Bob Barra Bonds, Inc. is true and lawful Attorney -in -Fact, to make, execute, seal and deliver for and on its behalf, as Surety, and as its act and deed. 4ny and all bonds in an amount not exceeding $10,000,000.00 in any single instance, for or on behalf of this Company, in its business and in zccordance with its charter, and to bind MID -STATE SURETY CORPORATION, thereby, and all of the acts of said Attorney -in -Fact, pursuant o these presents, are hereby ratified and confirmed. W WITNESS WHEREOF, MID -STATE SURETY CORPORATION of Grosse Pointe Farms, Michigan, has caused these presents to be signed by Is proper officer znd its corporate seal to be hereunto affixed this 28th day of June 20 00 TE SURETY CORPORATION JOHN J. BARRY, PRESIDENT 4TATE OF MICHIGAN, COUNTY OF WAYNE 9n this 28th day of June A.D. 20 00 , personally came before me JOHN J. rBARRY, to me known to be the individual and officer of 'he MID -STATE SURETY CORPORATION of Grosse Pointe Farms, Michigan, who executed the above instrument, and acknowledged the .xecutior 9f the same, and being by me duly sworn, did severally depose and say: that he is the said officer of the Corporation aforesaid and the real affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly iffaxed and subscribed to the said instrument by the authority of the Board of Directors of said Corporation. Gail Trevor Notary Public Macomb County, MI Acting in Wayne County, Mi. Notary Public My Commission Expires August 2, 2001 Commission Expires ".t oy 07 0,ea r, the undersigned, Vice President of the Mid -State Surety Corporation of Grosse Pointe Farms, Michigan, a Michigan corporation, DO HEREBY CERTIFY that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore that the provisions of the By -Laws �f the company and the Resolutions of the Board of Directors set forth in the Power of Attorney, are still in force. 4igned and sealed in the City of Grosse Pointe Farms this 2 9 day of M d Y A6ff x 2003 'Seal) IJOSEPH A. Sff1'S_j7CE 4KESIDENT I I , 11 EXHIBIT 00450(A) SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES 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 South Shore Drainage District. by John J. Yanoviak (Type or print signing officer's name and title) for Coral —Tech Associates, Inc. (Type or print name of entity. submitting sworn statement) whose business address is 10211 West Sample Road, Suite 207 Coral Springs, Florida 33065 59- 2494458 and (if applicable) its Federal Employer Identification Number (FEI,N) is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 2. 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: a. I A predecessor or successor of a person convicted of a public entity crime; or b. 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 considered an affiliate. 5. 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. 00450(A) -1 Bums Road Community Center Public Entity Crimes a 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn 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. 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 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 Final 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 THRES LD AMOUNT ITBE OVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF��E INFORMATION CONTAINED IN THIS FORM. . Yanovi-ak Ma (date) STATE OF Florida COUNTY OF Broward PERSONALLY APPEARED BEFORE ME, the undersigned authority, John J. Yanoviak who, after first being sworn by me, affixed his /her signature in the space provided above on this 29th day of May , 2003. NANCY L CARMAN *,W* W Commission CC954990 NOTARY LIC �''+•. V Expires August 25, 2004 Nancy . Carman My commission expires: August 25, 2004 END OF EXHIBIT 00450(A) -2 Burns Road Community Center Public Entity Crimes I .q, L EXHIBIT 00450(B) TRENCH SAFETY AFFIDAVIT (FAILURE TO COMPLETE THIS FORM MAY RESULT IN THE BID BEING DECLARED NON- RESPONSIVE) ' Coral Tech Associates . 1nc: - � (N-f1NIE OF COh1TI�ACT01�) heie y prove es written assurance that compliance with applicable Trench Safety Standards identified in the Occupational Safety & Health Administration's Excavation Safety Standards, (OSHA) 29 C.F.R.S. 1926.650 Subparagraph P will be adhered to during trench excavation in accordance with tentative assignment to Florida Statute 553.60 through 533.64 inclusive (1990), "Trench Safety Act ". The undersigned acknowledges that included in the various items of the proposal and in the Total Bid Price are costs for complying with the Florida "Trench Safety Act" as summarized below: (Attach additional sheets as necessary) Unit Price Schedule Item Trench Safety Measure(Slope, Trench Shield, etc. Units of Measure (L.F., S.Y.) Units (Quantity) Unit Cost Extended Cost Trench Box Each 1 500.00 500.00 TOTAL s— 500. President ST. COUNTY OF BROWARD Personally appeared before me, John J. Yanoviak Sworn to and Subscribed before me affixed his/her signature in the space provided above on this 29thday of May 2003 4N NANCY l CARMAN * * My commission CC954990 Notary Public cy L . Carman ''op „.+'' moires AuguM 25, 2004 My Commission Expires: August 25, 2004 END OF EXHIBIT oo4so(B) -t Bums Road Community Center Trench Safety Affidavit STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION 1940 CONSTNORTH MONROE RUCTION INDUSTRY STREET LICENSING BOARD (850) 487-1395 .1 TALLAHASSSEE FL 32399-0783 CORAL -TECH ASSOCIATES, INC. juL J 7 Noz. YANOVIAK, JOHN JOSEPH RECEIVED CORAL-TECH ASSOCIATES INC 10211 W SAMPLE RD #207 CORAL SPRINGS FL 33065-3998 1 STATE OF FLORIDA AC#0461382 EPARTME=_-_. AND. PROTE, yCIILATION II.- CGCO2196 32480406 CERTIFI YANOVI CORAL -TB WE IS CERTIFIK]Dunp_.' --date- CTO& 57 4' t6no of ch. 89' 4 662701-282 ------------- ---------------­- ------------------- DETACH HERE - ic# 0 4 6.9 -3 8t STATE OF FLORIDA ? a- 47 v DEPARTMENT -=OFD BUS INE SS JAN D PROFESSIONAL REGULATION 0QNSTTZtCTION _fNDVSTRY LICENSING BOARD SE9# o2607161-28i ­�__ 1% " r. 71 09 12- The GENERAL CO)ff CR' RA TO kiine&.;bef *_Wl Under the pro ri s 1 o a ot Chaps pf Expiration date: AUG 33 -2004w, YANOV-3-.AK-�-�aOHU2---JOSEPH CORAL-TECH A-SSbdT_ATk!i l-NC"__' 9 o 10211 W SAMPLE RD #207 CORAL SPRINGS ­FL-.33065-3988 JEB BUSH KIM INKLEY-SEYER GOVERNOR DISPLAY AS REQUIREQ BY LAW SECRETARY M Q � LL N W m c OW m OW W W W N o`. W ft1 ,o V JU J a z m 0 d O V E E 0 �O 0 5 om m U Z CO U o �' - N LLJ hi O U) .� LLF i O OO U W O z 0 .1 r i H �P)� a (D O M O Y F f U0 m Q a m A w 0 0:.j r O 0 (D V# O O O_ w W 0. O LL LL U) z Q F- +l LU ♦ O O 0 w z w DL o Cl) m w Z U) D m w Q � L Lh O O N N a N LL U t WWW LL 2 J Y xiuZi °¢ o z" O d 0 8 O 0 (D V# O O O_ w W 0. O LL LL U) z Q F- +l LU ♦ O O 0 w z w DL o Cl) m w Z U) D m w Q � L Lh J a Q C� g w w w w U� C z U s 0 ❑ I LL z" O d 0 O li u , a Q z w U� C Q -I tL a U i- F- m O U LL z" O d 0 8 X-li'm U w O4 U MAC Mom U2) • H43W Z NQ 0 > J � d C a Q0 010 k3 I Mr !7 O O A O it o Wmz a �tt00 UZI $ mHIL 3MM v4 w O vi Q ii N�ao m °�a Owt W , a Q No U� C OS UY+O+U -� iW3 O U �C44 cc SELL z QO W I U a 0 w a J a 0 J 0 U a U) z 0 U w m H D 2 w U) z w U U) f.. 94 m. m �Q o� U� C LU j V O M 0CM SELL Z�W W ,J Woo Mom W 7 Z 0 > J U i- a O MILL C a m Vl W, T wo O O O N �0 0l r- 0 'O O a O 0 H Q IL I ­ J OCCUPATIONAL LICEN City of Coral Springs Occupational License Division 2801 Coral Springs Drive Coral Spring L 33065-3800 2003 Phone (954) -1782 3iJ Licanso For and Location CORAL TECH ASSOCIATES INC 10211 W SAMPLE RD 207 Is heroby Licensed to Rngage in Business or Occupation of CONTRACTOR, GENERAL GENERAL CONTRACTOR Amount Paid : 115.00 CORAL TECH ASSOCIATES INC License # : 03-04573 10211 W SAMPLE RD. #207 Expikes on 9/30/03 CORAL SPRINGS FL 33065 ***** VALIDATED ***** CITY OF CORAL SPRINGS OCCUPATIONAL LICENSE 9/12/02 ** DETACH AND POST THIS LICENSE IN A CONSPICUOUS PLACE ** ALL WINDOW SIGNS SHALL COMPLY TO LAND DEVELOPMENT CODE CHAPTER 18 --ORAL-TECH ASSOCIATES. INC. S E P 11 5 ? r" G';- RECEIVED CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: June 9, 2003 Meeting Date: June 19, 2003 Resolution 113, 2003 Subject/Agenda Item: Authorizing the Mayor and City Clerk to Execute a Quit -Claim Deed in Favor of Palm Beach County for Tract "C" of the Frenchman's Reserve PCD -Golf Maintenance Plat. [ 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: [ x ] Not Required Department Director Affected parties [ ] Notified Budget Acct. #: [ ] None Approved by: City anag r [ x ] Not required Date Prepared: June 9, 2003 Meeting Date: June 19, 2003 Resolution 113, 2003 BACKGROUND: Toll Brothers is conveying Tract "C" of the Frenchman's Reserve PCD -Golf Maintenance plat to Palm Beach County for inclusion in the adjoining Cabana Colony. Since Tract "C" is dedicated to the public on this plat, it is necessary for the City to execute a Quite -Claim Deed to extinguish any potential interest the City may, have in said property by virtue of said dedication. • STAFF RECOMMENDATION: Staff recommends approval of Resolution 113, 2003. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Date Prepared: June 9, 2003 RESOLUTION 113, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A QUIT -CLAIM DEED IN FAVOR OF PALM BEACH COUNTY FOR TRACT "C OF THE FRENCHMAN'S RESERVE PCD -GOLF MAINTENANCE PLAT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Toll Brothers is conveying Tract "C" of the Frenchman's Reserve PCD- Golf Maintenance plat to Palm Beach County for inclusion in the adjoining Cabana Colony Park; and WHEREAS, Tract "C" is dedicated to the public on the above - referenced plat; and WHEREAS, to facilitate the conveyance of the property to Palm Beach County for use as a park, it is necessary for the City to execute a Quit -Claim Deed to extinguish any potential interest the City may have in said property by virtue of said dedication; and WHEREAS, a Quit -Claim deed has been prepared and is attached hereto; and WHEREAS, the City Council has deemed adoption 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 recitals are hereby affirmed and ratified. SECTION 2. The City Council approves the Quit -Claim Deed in favor of Palm Beach County and hereby authorizes the Mayor and City Clerk to execute such Quit -Claim Deed. SECTION 3. This Resolution shall become effective immediately upon adoption. 1 PASSED AND ADOPTED this 2 3 4 5 6 7 8 9 10 ATTEST: 11 12 13 14 BY: 15 Patricia Snider, City Clerk 16 17 18 APPROVED AS TO FORM AND 19 LEGAL SUFFICIENCY 20 21 22 23 BY: 24 Christine P. Tatum, City Attorney 25 26 27 VOTE 28 29 MAYOR JABLIN 30 31 VICE MAYOR SABATELLO 32 33 COUNCILMEMBER CLARK 34 35 COUNCILMEMBER RUSSO 36 37 COUNCILMEMBER DELGADO 38 39 40 41 42 43 44 45 46 47 48 G:\attorneyshare\RESOLUTIONS\quit claim deed.doc Date Prepared: June 9, 2003 Resolution 113, 2003 day of , 2003. CITY OF PALM BEACH GARDENS, FLORIDA BY: Eric Jablin, Mayor 1 2, AYE NAY ABSENT Z��/ PREPARED AND RETURN TO: Christine P. Tatum, Esq. City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 QUIT -CLAIM DEED THIS QUIT -CLAIM DEED is executed this day of June, 2003, by the City of Palm Beach Gardens, a Florida municipal corporation, whose mailing address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410 ( "Grantor ") to Palm Beach County, a political subdivision of the State of Florida, whose mailing address is 301 North Olive Avenue, West Palm Beach, Florida 33401 ( "Grantee "). Wherever used herein the terms "Grantor" and Grantee' shall include singular and plural, heirs, legal representative, and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires. WITNESSETH, that the Grantor, for and in consideration of the sum of $10.00 in hand paid by the Grantee, the receipt whereof is hereby acknowledged, does hereby remise, release, and quit -claim unto the Grantee forever, all the right, title, interest, claim, and demand which the Grantor has in and to the following described real property ( "Property "), situate, lying, and being in the County of Palm Beach, State of Florida, to wit: Tract "C" as shown on the plat of FRENCHMAN'S RESERVE PCD — GOLF MAINTENANCE, recorded in Plat Book 92, Page 192 of the Public Records of Palm Beach County, Florida. TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity, and claim whatsoever of the Grantor, either in law or equity, to the only proper use, benefit, and behoof of the Grantee forever. The Grantor's conveyance of the Property is being given without any statutory, express, or implied warranties of any nature whatsoever and the acceptance of the Property by the Grantee shall be without recourse as to the Grantor. 1 IN WITNESS WHEREOF, the Grantor, has signed and sealed these presents the day and year first above written. ATTEST: CITY OF PALM BEACH GARDENS, FLORIDA, a municipal corporation By: By: Patricia Snider, City Clerk STATE OF FLORIDA ) ) SS COUNTY OF PALM BEACH ) Eric Jablin, Mayor The foregoing instrument was acknowledged before me this day of June, 2003, by Eric Jablin, Mayor, and Patricia Snider, City Clerk of CITY OF PALM BEACH GARDENS, FLORIDA, a Florida municipal corporation, on behalf of the corporation, who are personally known to me or who have produced as identification and did not take an oath. 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Box 3208 (ZIP 33402 -3208) West Palm Beach, Florida 33401 561 -833 -2000 FAX 561 - 650 -8399 www.hklaw.com June 2, 2003 Christine Tatum, Esq. City of Palm Beach Gardens 1050 N. Military Trail Palm Beach Gardens, FL 33410 Re: Frenchman's Reserve Park Site Dear Christine: Annapolis San Francisco Atlanta Seattle Bethesda Tallahassee Boston Tampa Bradenton Washington, D.C. Chicago * West Palm Beach Fort Lauderdale Jacksonville International Offices: Lakeland Caracas ** Los Angeles Helsinki Miami Mexico City New York Rio de Janeiro Northern Virginia Stto Paulo Orlando Tel Aviv ** Portland Tokyo Providence St. Petersburg *Holland & Knight LLC San Antonio — Representative Office 561 - 650 -8360 scohen @hklaw.com As a follow up to our telephone conversation of this morning, enclosed for your review is a copy of a letter dated October 31, 2002 from former City Attorney, Len Rubin. Attached to Len's letter was a proposed Quit -Claim Deed in favor of Palm Beach County covering Tract "C" of the Frenchman's Reserve PCD -Golf Maintenance plat as recorded in Plat Book 92, Page 192 of the Public Records of Palm Beach County, Florida. As I explained, Toll Brothers will be conveying by statutory warranty deed, title to the subject lot to Palm Beach County for use in connection with the adjoining proposed Cabana Colony Park. Chicago Title Insurance Company, pursuant to the enclosed title commitment and endorsement, is requiring the Quit -Claim Deed from the City of Palm Beach Gardens. The form of Quit -Claim Deed attached to Len's letter was acceptable in form; however, the necessary Resolution was never placed on the City Council Agenda. We are, therefore, requesting that you prepare the necessary Resolution and have the matter placed on the next available City Council Agenda. Christine Tatum, Esq. June 2, 2003 Page 2 For your information, enclosed is a copy of the Frenchman's Reserve PCD -Golf Maintenance plat. Also enclosed are copies of the topographic survey and conceptual site plan for proposed Cabana Colony Park, including the subject lot. If you have any questions, please do not hesitate to call me. Sincerely, HOL6NND & KNIGHT LLP teven Co en SC:ems cc: Ron Blum, Toll Bros. Jean Matthews, PBC Parks & Recreation WPB1 #223214 v1 10 -31 -2002 91:19PM FROM- WATTERSON AND HYLAND LEONARD G. RUBIN OOARO CERTIFIEO CITT, COUNTY ANO LOCAL CO�CRNMENT ATTORNEY 5616272960 T -607 P 0021004 F -919 WATTERSON &T HYLAND P R O F E S $ I Q P J A L A S 5 0 C I A T 117 1. October 31, 2002 via Facsimile and U.S. Mail Steve Cohen, Esquire Holland & Knight, LLP 625 North Flagler Drive, Suite 700 West Palm Beach, FL 33401 Re: City of Palm Beach Gardens /Frenchman's Reserve Park Site Dear Steve: I am in receipt of your letter dated October 22, 2002 to Howard Falcon, wherein you enclose an updated title commitment covering Tract "C" of the Frenchman's Reserve PCD- Golf Maintenance plat. In that letter you note that Schedule B -1 requires a deed from the City to Palm Beach County, together with a resolution of the City Council authorizing the conveyance. Since the City was not issued any title policy or commitment, the City will execute a Quit -Claim Deed conveying its interest in the property to Palm Beach County. To that end, I have enclosed a draft Quit -Claim Deed for your and Howard's review. Given that the title commitment does not specify the type of deed, I trust this document will be sufficient. Once I receive approval of the format, I will prepare the necessary Resolution and have the matter placed on.the next available City Council Agenda. At this point, the earliest available date is November 21, 2002. Should you have any questions relative to the foregoing, please do not hesitate to contact me. Sincerely yours, Leonard G. Rubin City Attorney cc: Howard Falcon, Esquire (w /enc.) Enclosure P:1CPWin\H ISTORY1 021010A 11275.00(320.025)scw -doc12 4100 RCA LJUUlcv:lrJ - Palm 13v;1t11 Gardi ns. FL 33 -j IU - Phonc 561 -637 -5000 - Facslmilr 561 - 637 -5600 1r M)REVED JUN _ g 2003 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: May 30, 2003 Meeting Date: June 19, 2003 Ordinance: 6, 2002 Subject/Agenda Item: Ordinance 6, 2002 — Newsrack Regulations First Reading of Ordinance 6, 2002 entitled "Newsrack Regulations ": A City- initiated request to amend the Palm Beach Gardens Code of Ordinances, Chapter 78, "Land Development ", Section 701, Newsracks. The objective of the amendment is to provide for the use of modular newsracks and prohibiting the use of individual newsracks within the rights -of -way of the City of Palm Beach Gardens. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Finance: NA Council Actions: Growth Management Costs: 2400.00 [ ] Approved [ ] App. w/ conditions City Attorne Total [ ] Denied ct nager [ ] Rec. Approval Chris ne T m A 2400.00 [ ] Rec. app. w/ conds. n L. Wise, Current FY [ ] Rec. Denial /f Code Enforcement [ ] Continued to: Supervisor Funding Source: [X] Operating Submitted by: Advertised: Attachments: [ ] Other 1. Ordinance 6, 2002 Giro th Management Date: 2. Section 78 -701 i to Paper: Budget Acct. #: 3. List of Modular wd)�t k7. t LX, harles K. Wu, AICP 001 - 1430 - 515 -5200 Newsrack Vendors Approved by: Affected parties: City M e �] Notified [ ] Not Required Ronald M. F rris Date Prepared: May 30, 2003 Meeting Date: June 19, 2003 Ordinance: 6, 2002 BACKGROUND: Section 78 -701, entitled " Newsracks" was codified into the City's Land Development Regulations (LDR) in 2000. At the direction of Administration, Growth Management staff purchased four modular newsracks and installed them in various locations in the City. Staff neglected to include language authorizing the use of modular newsracks, however. The use of the four modular newsracks yielded less than optimal results due to the design of the units purchased. After considerable research, staff has since concluded that the present modular newsracks are better suited for periodicals rather than newspapers. Staff sought the input from the leading newspapers and the periodical distributors as to design, locations, administration and maintenance in an effort to develop an ordinance that would benefit all affected parties. SUMMARY OF COMMENTS FROM THE LAND DEVELOPMENT REGULATIONS COMMISSION: At the first LDR Commission Workshop on March 26, 2002, Staff presented a draft version of the proposed ordinance. This first draft version provided for the exclusive use of modular newsracks within the PGA Boulevard Overlay District and the Parkway District. The intent was to phase out the existing individual newsracks over time in the areas outlying the aforementioned districts. The LDR Commission directed staff to conduct additional research regarding screening with landscaping, control of content and the use of benches for public convenience. Staff incorporated the LDR Commission's comments into the revised ordinance and presented it to the City Council in a workshop on July 18, 2002. The following is a summary of the comments raised at the LDR Commission Workshop on March 26, 2002: How was the success of the Delray Beach model determined? • Testimonials from the Code Enforcement staff responsible for administration and enforcement and detailed discussions with representatives from the media and the modular newsrack manufacturer were positive and supportive. Would the modular newsrack units be in full view of the public? • Yes, modular newsracks would replace the existing individual units currently located in the public rights -of -way. The concept of a news center with benches to create atmosphere should be considered. Date Prepared: May 30, 2003 Meeting Date: June 19, 2003 Ordinance: 6, 2002 • Staff is currently working with the bus shelter design committee to incorporate modular newsracks into the design. Locations should not be changed because the public is accustomed to the status quo. • Staff surveyed the existing newsrack locations accompanied by media representatives. It was determined that the modular newsracks should be placed in these locations due to their convenience and proven circulation levels. The goals of serving the media, service to the public and cleaning up the City should be met. • Staff believes the use of the modular newsracks within the public rights -of- way will provide safer and more convenient access for the public and better circulation for the newspapers and periodical distributors. The City should have the authority to remove modular newsracks that are defective, non - functional or have insufficient capacity. Those units with insufficient capacity should be replaced with higher capacity units at the controlling entity's expense. • The City may order the removal of a noncompliant modular newsrack pursuant to the findings of fact by the Code Enforcement Special Master as provided for in Section 78 -709. Cells with insufficient capacity shall be the responsibility of the controlling entity as a matter of regular business procedures. The controlling entity should post a cash bond in escrow to serve as security that maintenance and removal will be performed as required by the ordinance. • Removal of noncompliant modular newsracks and newsracks shall be accomplished as provided for in Section 78 -709. Associated costs for removal shall be recovered through either the proceeds of a public auction as provided for in Florida State Statute 705.103 or through collection of Code Enforcement liens. There are some concerns regarding treating all newspapers and periodicals equally regardless of size due to space availability. • Staff's intention regarding equal treatment is to ensure equitable consideration to all periodicals and newspapers during the consideration for space allocation. Language in the ordinance was modified to state that all newspapers and periodicals shall be treated fairly. Section 78- 701(a)(9). Date Prepared: May 30, 2003 Meeting Date: June 19, 2003 Ordinance: 6, 2002 The controlling entity definition needs to be expanded to include lessees or licensees of the owner. • The language has been modified to include lessees and licensees of the owner. Section 78 -702. Modular newsracks shall carry no advertising except the name of the publication; this includes a prohibition of logo, trademarks, designs, photos or other graphic material, unless first approved by the City in writing. • The use of any space on a modular newsrack for advertising other than the name of the periodical or newspaper is prohibited in the draft ordinance and is consistent with existing code requirements. Section 78- 704(d). Is insect infestation ever a problem associated with modular newsracks? • Insect infestation has never been identified as a particular problem associated with modular newsracks. Can this regulation apply beyond the public rights -of -way? • This ordinance is specifically directed towards the public rights -of -way. Newsrack use on private property can best be addressed in development orders for new sites. Existing commercial and large -scale residential sites can be addressed during any site plan amendment. Controlling entity should not be self - insured unless they can provide assurance to the City of a minimum net worth. • Self- insurance may be substituted provided the controlling entity can show reasonable evidence of self- insurance or a cash bond. Section 78- 707(1). On September 24, 2002, staff presented a second draft ordinance to the LDR Commission, which includes language that requires the newspapers and periodical distributors to assume responsibility for compliance with the provisions of the draft ordinance without the requirement of a third party controlling entity. Staff supports this draft since the media has specific technical knowledge and resources necessary to purchase, install and maintain the modular newsracks coupled with their successful track record of modular newsrack use in surveyed municipalities and their invaluable cooperation with staff during the research and development of the draft ordinance. The following is a summary of the comments raised at this workshop: Date Prepared: May 30, 2003 Meeting Date: June 19, 2003 Ordinance: 6, 2002 Can the design of the modular newsracks be modified to reflect a more modern design? • Custom design of modular newsracks was determined to be cost prohibitive. New design and retooling for manufacturing is quoted at a minimum of $300,000. Staff feels that custom designed modular newsracks would be unnecessarily expensive. Who would assume responsibility for maintenance and ownership? • Staff proposes ownership and maintenance of the modular units be vested with the newspapers and periodical distributors subject to a written agreement to fully comply with the provisions of the proposed ordinance. The city would assume responsibility as a controlling entity for the four modular newsracks currently owned. The media has expressed support for staff's recommendation in lieu of the controlling entity provision contained in the Request For Proposal (RFP). Smaller, 4 -pack units would be more appealing, easier to maintain and install than the six -pack units. • Staff and the media agree that the use of smaller 4 -pack modular newsrack units would be better suited for our rights -of -way. As circulation demand increases or decreases, modules can be attached to, or removed from, the existing units easily. Modular newsracks should have no advertising matter on them. • Prohibition of advertising is currently contained within the existing code and is consistent with the proposed ordinance. Does the manufacturer provide any discounts for volume purchases? • The primary manufacturer does provide discounts for volume purchases. The window area should have less transparent area, limiting the ability to read the content beyond the title. • Staff feels this is unduly restrictive. Businesses depend upon their name and visibility of their products being visible to the general public. Newspapers and periodicals have traditionally been browsed by the public before a purchase is made. On January 28, 2003, the LDR Commission recommended approval of the proposed ordinance to the City Council. Date Prepared: May 30, 2003 Meeting Date: June 19, 2003 Ordinance: 6, 2002 SUMMARY OF COMMENTS FROM THE CITY COUNCIL WORKSHOP: Staff presented the proposed draft ordinance to the City Council at a workshop on July 18, 2002. Staff proposed that modular newsrack use be exclusively limited to the Parkway District and the PGA Boulevard Overlay District. Comments from the public suggested that the locations could be proposed by the controlling entity selected through the RFP. Representatives from the media expressed concerns as to who would be responsible for installation and maintenance of the modular newsracks. The following is a summary of the comments raised at the City Council Workshop: Staff should pursue the use of modular newsracks throughout the entire city. The draft ordinance addresses the use of modular newsracks and the prohibition of individual newsracks throughout the entire city, including locations where there are existing individual modular newsracks in the public rights -of -way. Section 78 -701. Research companies that would respond to a Request for Proposal (RFP) for the construction, installation and maintenance of the modular newsracks. Representatives from the newspapers and periodical distributors collaborated with staff to develop a revised draft ordinance, which incorporated the City Council's directives and provided for self - administration of the construction, installation and maintenance of the modular newsracks. A list of manufacturers of modular newsracks was provided as part of this collaborative effort. How would locations for the modular newsracks be determined? Staff conducted a field inspection accompanied by representatives from the Palm Beach Post and The Car and Truck Buyers' Guide in order to identify potential sites for placement of modular newsracks. Staff recommends using the existing sites for modular newsracks due to their familiarity to the public, convenience to the public and positive circulation levels for the media and public. Future sites may be identified and agreed upon by staff and the controlling entity as circulation demand warrants. ANALYSIS: PRODUCT DESIGN: At the LDR Commission's direction, staff investigated alternative designs for the modular newsracks. Staff has concluded that a custom design of modular Date Prepared: May 30, 2003 Meeting Date: June 19, 2003 Ordinance: 6, 2002 newsracks is cost prohibitive, requiring approximately $300,000.00 for a custom engineering and design set up in addition to the cost of purchasing and installing each individual unit. Staff recommends the use of the four - pocket unit for the paid periodicals as a smaller and less obtrusive structure in the City's rights -of- way, which also accommodates the needs of the public and distributors. Additionally, as the City's bus shelter program progresses; the use of the four - pocket units complements the design and appearance of the bus shelters. Staff also researched cost estimates for retrofitting the modular newsracks currently owned by the City. As stated in a previous workshop, these units are better suited for use with free periodicals as opposed to paid publications. Each pocket can be converted from a newspaper size pocket to two periodical size pockets at a cost of $150.00 per conversion kit, including parts and labor. The total cost for the four modular newsracks owned by the City would be $2400.00. Staff proposes these converted units should be used in the parks and other City facilities. Since staff, the newspaper representatives' and periodical distributors have agreed to the definition and responsibilities of the controlling entity within the proposed ordinance, the need for a Request for Proposal (RFP) has been eliminated. The proposed ordinance allows a newspaper or periodical distributor to be a controlling entity that is fully responsible for the installation and maintenance of their modular newsracks. The Code Enforcement Division of the City is the controlling entity for the four modular newsracks currently in use. PROPOSED TEXT CHANGES: Staff proposes that the existing section 78 -701 " Newsracks" be repealed and replaced with the attached new language entitled "Newsrack Regulations ", sections 78 -701 through 78 -709. CONSISTENCY WITH THE LAND DEVELOPMEMT REGULATIONS: The proposed ordinance is consistent with the Land Development Regulations. The proposed ordinance strengthens and clarifies the existing policies. COMMENTS FROM NEWSPAPERS AND PERIODICAL DISTRIBUTORS: Mr. Ron Gayer of the Palm Beach Post and Mr. David Sirman of the Car and Truck Buyer's Guide have reviewed the draft ordinance and have expressed their support and offered their assistance in executing the provisions contained therein. The following is a summary of comments received from Mr. Sirman on behalf of the periodical distributors: Please reinstate "equally" in section 78- 701(9) regarding the treatment of newspapers and periodicals. Date Prepared: May 30, 2003 Meeting Date: June 19, 2003 Ordinance: 6, 2002 • Mr. Sirman expressed concerns over the subjective nature of the definition of "fairly ". It is the position of the distributors legal advisor through supplied copies of court rulings that substituting "equally" in place of "fairly" would ensure equitable consideration to all periodicals and newspapers during the consideration for space allocation. Please add Palm Beach Manufacturing to the list of modular newsrack vendors. • Palm Beach Manufacturing was added as a vendor of modular newsracks for periodicals. Please insert the phrase "The modular newsrack and the" to Section 78- 704)(1) b. • This clarifies the ordinance's intent to specifically state the color of all modular newsracks. Please insert the phrase "and mounted on a pedestal base" at the end of Section 78- 704(1) c. • Inserting this phrase more clearly defines a modular newsrack for practical application. A final meeting with representatives from the Palm Beach Post and periodical distributors was held on May 27, 2003, to discuss the final draft of the proposed ordinance. The comments are as follows: What will the City charge as the annual administrative fee? • A search of archived records dating back to 1998 indicates that the annual administrative fee was $10.00 per newsrack. Staff recommends that the administrative fee be $10.00 per modular newsrack, which will be adopted by separate resolution. Will the City issue decals to identify registered modular newsracks? If so, where should the decal be placed? • Staff will have decals created which will be issued to all properly registered, inspected and compliant modular newsracks. A uniform location for placement will be determined during the inspection. The media would like to have the opportunity to place additional modular newsracks on the opposite side of a street where another modular newsrack containing the same newspaper, periodical or advertising circular is located. Date Prepared: May 30, 2003 Meeting Date: June 19, 2003 Ordinance: 6, 2002 • Language was added to section 78- 706(11) d as follows: Within a one thousand (1000) foot radius of another modular newsrack containing the same newspaper, news periodical, or advertising circular, except where separated by an intersection, a median, or on the opposite side of a road. There appears to be a conflict between section 78- 706(3) and 78- 706(9) regarding compliance with the Americans with Disabilities (ADA) requirements and pedestrian traffic clearance on a public sidewalk. • The depth of a modular newsrack shall not exceed twenty -four (24) inches as stated in section 78- 704(1) a. This leaves thirty -six (36) inches of clearance on a standard sixty (60) inch sidewalk that complies with ADA standards. Since no compelling reason was found to require the additional four inches, the language in section 78- 706(9) was changed to require a clearance of thirty -six (36) inches in agreement with ADA standards. If the proposed ordinance is adopted, Staff will meet with the newspaper representatives and periodical distributors to establish a timeline in compliance with the code administrative details such as application processing, indemnification and insurance agreements and location selection within thirty days. The removal of the nonconforming newsracks, administrative matters, installation of the modular newsracks and inspection schedule will commence once all applications have been approved. STAFF RECOMMENDATION: Staff recommends APPROVAL of Ordinance 6, 2002. Date Prepared: June 5, 2003 Ordinance 6, 2002 1 ORDINANCE 6, 2002 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA RELATING TO THE REGULATION OF 6 NEWSRACKS IN PUBLIC RIGHTS -OF -WAY; REPEALING SECTION 7 78 -701, CODE OF ORDINANCES' ENTITLED " NEWSRACKS" IN ITS 8 ENTIRETY; CREATING A NEW DIVISION 14 OF CHAPTER 78, CODE 9 OF ORDINANCES TO BE ENTITLED " NEWSRACK REGULATIONS"; 10 PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE 11 DATE. 12 13 14 WHEREAS, substantial growth in the number of newspaper operators and 15 newsracks in the City has produced a significant increase in the number of newsracks 16 installed in public rights -of -way; and 17 18 WHEREAS, the installation and placement of newsracks in public rights -of -way have 19 resulted in concerns by the public and the City with regard to safety, welfare, convenience, 20 and aesthetics thereof; and 21 22 WHEREAS, the City Council of the City of Palm Beach Gardens ( "City Council ") 23 desires to impose such regulations to allow the safe passage of consumers, pedestrians, 24 motorists, and bicyclists on public rights -of -way, public sidewalks, and bicycle paths in the 25 City; and 26 27 WHEREAS, the City Council recognizes the importance of the freedom of the press 28 and seeks in no way to restrain or abridge the constitutional rights afforded by the 29 Constitutions of the United States and the State of Florida; and 30 31 WHEREAS, the City Council's objectives of safety and aesthetics are recognized as 32 substantial governmental interests sufficient to permit reasonable regulation of the 33 installation, maintenance, location, and placement of newsracks; and 34 35 WHEREAS, Section 78 -701 of the City's Land Development Regulations does not 36 presently allow for the use of modular newsracks in the City's rights -of -way; and 37 38 WHEREAS, on January 28, 2003, the Land Development Regulations Committee 39 held a public hearing and recommended approval of this Ordinance to the City Council; 40 and 41 42 WHEREAS, the City Council finds that it is in the best interests of the public's 43 health, safety, and welfare to establish regulations regarding the placement, type, 44 appearance, servicing, and insurance of newsracks in, on, and around public rights -of -way; 45 and 46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: May 30, 2003 Ordinance 6, 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 recitals are hereby affirmed and ratified. SECTION 2. Section 78 -701, Code of Ordinances entitled "Newsracks" is repealed in its entirety. SECTION 3. A new Division 14, Chapter 78, Code of Ordinances to be entitled "Newsracks" is created to read: DIVISION 14, NEWSRACK REGULATIONS. Section 78 -701. Purpose. The purpose of these newsrack regulations is to promote the public health, safety, and welfare through the regulation of placement, type, appearance, servicing, and insuring of modular newsracks within the public rights -of -way so as to: (a) Provide for pedestrian and driving safety and convenience. (b) Restrict unreasonable interference with the flow of pedestrian and vehicular traffic, including ingress into and egress from any residence or place of business, or from the street to the sidewalk by persons exiting or entering parked or standing vehicles. (c) Provide for the safety of persons and property during hurricane conditions. (d) Provide reasonable access for the use and maintenance of any facility within the public rights -of -way and access to locations used for public transportation purposes. (e) Replace newsracks which cause visual blight or excessive space allocation within the public rights -of -way or which unreasonably detract from the aesthetics of store window displays, adjacent landscaping, and other improvements with modular newsracks. (f) Remove abandoned, inoperable, damaged, or defective newsracks and modular newsracks. (g) Maintain and protect the value of surrounding properties and prevent damage to grassed areas within the rights -of -way. K 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: May 30, 2003 Ordinance 6, 2002 (h) Reduce unnecessary exposure of the public to personal injury or property damage. (i) Treat all newspapers and periodicals equally regardless of their size, circulation, or frequency of publication. 0) Maintain and preserve the freedom of the press. (k) Cooperate to a reasonable extent with the newspaper and periodical distributors. Section 78 -702. Definitions. The following words, terms, and phrases listed below shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: (a) Advertising circular: any publication that contains only advertising and not news reports. (b) Bike path: that portion of a right -of -way improved, designed, or ordinarily used for bicycle traffic. (c) Block: the surface on a sidewalk or swale of a public right -of -way between two (2) consecutive corners on the same side of that public right -of -way. (d) Cell: any individual module within a modular newsrack. (e) City: the City of Palm Beach Gardens, a Florida municipal corporation. (f) Controlling entity: the person or entity responsible for placing and maintaining a modular newsrack or newsrack, the owner of the modular newsrack or newsrack, the lessee or licensee of the owner of the modular newsrack or newsrack, or the publisher of the newspaper vended within a modular newsrack or newsrack. The City may be a controlling entity if it purchases, leases or lease /purchases, and maintains or subcontracts the maintenance of modular newsracks or newsracks. (g) Modular newsrack: a connected grouping of four (4) to twelve (12) cells, pockets, or modules within a single structure and mounted on a pedestal base, either self - service or coin - operated, which is installed as a single unit and used for the display, sale, or distribution of newspapers, news periodicals, or advertising circulars. (h) Newsrack: any type of unattended device, including any self - service or coin - operated box, container, storage unit, or other dispenser installed, used, or maintained for the display and sale of newspapers or other written periodicals, or for the vending or free distribution of newspapers or written periodicals. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: May 30, 2003 Ordinance 6, 2002 (i) Periodical: any advertising circular or newspaper that is published with a fixed interval between the issues or numbers. Q) Public right -of -way: that area dedicated to public use or otherwise owned by a public agency for public street purposes and shall include, but not be limited to, roadways, swales, alleys and bike paths, and sidewalks. (k) Roadway: that portion of the right -of -way improved, designed, or ordinarily used for vehicular traffic. (1) Sidewalk: any surface within a right -of way provided primarily for the use of pedestrians. (m) Swale: any area within a right -of -way which is not a bike path, sidewalk, or roadway. The term shall also include any graded area or area improved with, sod material which is designed to convey stormwater runoff and retain water for a brief period following a rainfall event. Section 78 -703. Certificate of compliance required. (a) The controlling entity of any newspaper, written periodical, or advertising circular seeking to distribute from a modular newsrack location within a public right -of- way within the City shall notify the Code Enforcement Supervisor, or his /her designee, of the location or proposed change of location of each such modular newsrack by filing a certificate of compliance in accordance with the provisions of this Section no later than fourteen (14) days before the placement or relocation of the modular newsrack. Certificate of compliance forms may be obtained from the Code Enforcement Supervisor, or his /her designee. (b) The Code Enforcement Supervisor, or his /her designee, shall be responsible for reviewing the certificates of compliance to verify compliance with the provisions of this Division. (c) The controlling entity shall file with the Code Enforcement Supervisor a written certificate of compliance for each modular newsrack, which shall contain the following information: (1) The name, address, e-mail address, fax number, and telephone number of the controlling entity responsible for the modular newsrack(s). (2) The name, address, and telephone number of a responsible party whom the City may notify or contact at any time concerning the controlling entity's modular newsrack(s), including notification for enforcement purposes. El 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: May 30, 2003 Ordinance 6, 2002 (3) The proposed location of the modular newsrack and reason for the proposed change of location, if applicable. (4) The names of newspapers or periodicals to be contained in each modular newsrack. (5) A certification that the modular newsrack is installed in conformance with the provisions of this Division in its entirety. (6) An executed indemnification agreement and insurance certificate which shall be in form and content acceptable to the City and which certificate shall be renewed annually by the controlling entity at no cost or expense to the City and provide, among other things, that the policy shall not be cancelled, terminated, or be subject to a notice of nonrenewal without at least thirty (30) days' written notice to the City, with the City as certificate holder and additional insured in compliance with Section 78 -707. (d) If a certificate of compliance for a modular newsrack location is incorrect, or the modular newsrack is not located, maintained, or installed in conformity with the certification of this Section, the certificate of compliance shall be deemed denied, and an order to correct the violation shall be issued pursuant to Section 78 -709. Section 78 -704. Standards for size, installation, maintenance, and colors of modular newsracks. (a) Individual newsracks are prohibited within the public rights -of -way within the City. Only modular newsracks that comply with the standards contained in this Division are permitted in the public rights -of -way within the City. (1) A modular newsrack shall not exceed fifty -four (54) inches in height, including the pedestal base, and twenty -four (24) inches in depth. A modular newsrack shall not exceed the width of its concrete base. (2) The modular newsrack shall be painted forest green. The pedestal base shall be painted gloss black. (3) Modular newsrack cells shall be arranged to provide an overall square or rectangular shape to the entire modular newsrack and shall be mounted on a pedestal base. The pedestal base shall be securely affixed to the swale or sidewalk in a safe and secure manner which meets the standards contained in Section 1606 of the Standard Building Code so as to prevent the modular newsrack from being stolen or becoming a hazard in severe weather. (4) Modular newsracks shall carry no advertising except for the name of the publication being distributed and a cardholder kept in a clean, neat, and untorn condition describing the publication being distributed. 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: May 30, 2003 Ordinance 6, 2002 (3) The proposed location of the modular newsrack and reason for the proposed change of location, if applicable. (4) The names of newspapers or periodicals to be contained in each modular newsrack. (5) A certification that the modular newsrack is installed in conformance with the provisions of this Division in its entirety. (6) An executed indemnification agreement and insurance certificate which shall be in form and content acceptable to the City and which certificate shall be renewed annually by the controlling entity at no cost or expense to the City and provide, among other things, that the policy shall not be cancelled, terminated, or be subject to a notice of nonrenewal without at least thirty (30) days' written notice to the City, with the City as certificate holder and additional insured in compliance with Section 78 -707. (d) If a certificate of compliance for a modular newsrack location is incorrect, or the modular newsrack is not located, maintained, or installed in conformity with the certification of this Section, the certificate of compliance shall be deemed denied, and an order to correct the violation shall be issued pursuant to Section 78 -709. Section 78 -704. Standards for size, installation, maintenance, and colors of modular newsracks. (a) Individual newsracks are prohibited within the public rights -of -way within the City. Only modular newsracks that comply with the standards contained in this Division are permitted in the public rights -of -way within the City. (1) A modular newsrack shall not exceed fifty -four (54) inches in height, including the pedestal base, and twenty -four (24) inches in depth. A modular newsrack shall not exceed the width of its concrete base. (2) The modular newsrack shall be painted forest green. The pedestal base shall be painted gloss black. (3) Modular newsrack cells shall be arranged to provide an overall square or rectangular shape to the entire modular newsrack and shall be mounted on a pedestal base. The pedestal base shall be securely affixed to the swale or sidewalk in a safe and secure manner which meets the standards contained in the Florida Building Code so as to prevent the modular newsrack from being stolen or becoming a hazard in severe weather. (4) Modular newsracks shall carry no advertising except for the name of the publication being distributed and a cardholder kept in a clean, neat, and untorn condition describing the publication being distributed. 5 Date Prepared: May 30, 2003 Ordinance 6, 2002 (5) Coin - operated modular newsracks shall be equipped with a coin - return mechanism to allow an immediate refund in the event the modular newsrack is inoperable. The coin return mechanism shall be maintained in good working order by the controlling entity at no cost or expense to the City. (b) Each controlling entity shall permanently affix to its modular newsrack a legitimate label which provides a twenty -four (24) hour operable telephone number of a working telephone service which the customer may call to report a malfunction or to secure a refund in the event of a malfunction of the coin return mechanism. The label shall feature clearly on its face the name and address of the controlling entity to give the notices provided for in this Division. (c) The controlling entity shall maintain each modular newsrack in a neat, clean, and safe condition and in good repair at all times. Each modular newsrack shall be maintained so that: (1) It is free of graffiti. (2) It is reasonably free of dirt and grease. (3) It is reasonably free of chipped, faded, peeling, and cracked paint in the visibly painted areas thereof. (4) The clear plastic or glass parts thereon, if any, through which the publications are viewed are unbroken and reasonably free of scratches, crack, dents, blemishes, and discoloration. (5) It is reasonably free of rust and corrosion of the visible metal parts thereon. (6) The paper or cardboard parts or inserts thereof are reasonably free of tears and are not peeling or tearing. (7) The structural parts are not broken or unduly misshapen. (8) The surrounding area upon which the modular newsrack is placed is maintained in a clean, neat, and orderly condition. (d) Modular newsracks shall not be placed on the sidewalk in a manner that would obstruct other modular newsracks on the same sidewalk nor may they extend beyond any other applicable dimensions set forth in this Ordinance. Section 78 -705. Administrative and inspection fees. (a) All modular newsracks shall be inspected annually based upon the date they were installed in any City right -of -way. 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: May 30, 2003 Ordinance 6, 2002 (b) The controlling entity of any modular newsrack located on any City right -of -way shall pay an annual administrative fee as established by resolution of the City Council. The administrative fee payable under this Section is intended to defray the costs of administering this Division and inspection of modular newsracks located in the City. Section 78 -706. Locations and Site regulations. (a) Modular newsracks may be installed only in locations agreed upon by mutual consent of the City and the controlling entity, subject to the site regulations contained herein. (b) Modular newsracks shall not be placed, installed, or erected on any landscaped area within an improved public right -of -way or property. The landscaped areas include, but are not limited to, those areas in which the following ground cover material is placed: (1) Decorative plants. (2) Native plants maintained to match the surrounding flora. (c) The placement of all modular newsracks within the City shall comply with all Americans with Disabilities Act (ADA) requirements. (d) Modular newsracks shall not be physically attached, chained, or bolted, in any manner, to any physical object within the rights -of -way. (e) Modular newsracks shall not be located within fifteen (15) feet of a fire hydrant, fire call box, or other emergency facility. (f) Modular newsracks shall not be physically erected to obstruct the function of traffic control signals, traffic signs, or pavement markings. (g) Modular newsracks shall not be placed in such a manner that obstructs the free pedestrian flow to and from a pedestrian traffic signal push button. In order to allow for the free pedestrian flow and handicap access to and from the pedestrian traffic signal push buttons, modular newsracks shall be placed at least thirty -six (36) inches away from such pedestrian traffic signal buttons. (h) Modular newsracks shall not be placed, installed, or erected directly on a paved surface that is intended primarily for the use of motor vehicles or bicyclists. (i) Modular newsracks that are installed on a sidewalk shall leave a clear area for pedestrian traffic of not less than thirty -six (36) inches in width. 7 Date Prepared: May 30, 2003 Ordinance 6, 2002 1 (j) Modular newsracks shall not be placed within the visibility triangle as defined in 2 the City's Code of Ordinances. 3 4 (k) Modular newsracks shall not be placed, installed, or erected: 5 6 (1) Within fifty (50) feet of any railroad track. 7 8 (2) On any City property unless the location has been specifically designated by 9 the City Manager or his /her designee. The City Manager, or his /her 10 designee, shall designate locations at City facilities for the placement of 11 modular newsracks. The City may prepare a map for each facility illustrating 12 the designated locations for the placement of modular newsracks. The 13 location maps shall be available for inspection at the office of the City Clerk. 14 15 (3) Within the medians of a divided roadway. 16 17 (4) Within a one thousand (1000). foot radius of another modular newsrack 18 containing the same newspaper, news periodical, or advertising circular, 19 except where separated by an intersection, a median, or on the opposite side 20 of a road. 21 22 (1) If more than one placement requirement, restriction, or if more than one 23 prohibition or enforcement provision applies, the more restrictive requirement, 24 restriction, enforcement provision, or prohibition shall apply. 25 26 Section 78 -707. Insurance, indemnification, and hold harmless. 27 28 (a) Every controlling entity that places or maintains a modular newsrack on a public 29 right -of -way, public sidewalk, street, or swale in the City shall furnish to the Code 30 Enforcement Supervisor, or his /her designee, a current certificate of insurance on 31 September 1 of each year. Such insurance shall be comprehensive general 32 liability or commercial general liability coverage establishing minimum limits of 33 total coverage of $300,000.00 per occurrence combined single limit for Bodily 34 Injury Liability and Property Damage Liability and shall name the City as an 35 additional insured party. Such controlling entity may substitute reasonable 36 evidence of equivalent self- insurance coverage or cash bond for the above 37 certificate of insurance, subject to the prior written approval of the Risk Manager 38 and City Attorney. Insurance under this Section shall run continuously with the 39 presence of modular newsracks on City rights -of -way, and any termination or 40 lapse of such insurance shall be a violation of this Division and result in revocation 41 of the certificate of compliance. 42 43 (b) Every controlling entity of a modular newsrack who wishes to place or maintain a 44 modular newsrack on a public right -of -way, public sidewalk, street, or swale in the 45 City shall first execute a written indemnification agreement supplied by the City 46 under which the controlling entity agrees to indemnify, hold harmless, and defend Date Prepared: May 30, 2003 Ordinance 6, 2002 1 the City, its officers, agents, and employees from any loss, liability, or damage, 2 including expenses and costs, for bodily or personal injury and for property 3 damage sustained by .any person as a result of the installation, use, and /or 4 maintenance of the controlling entity's modular newsracks within the City. The 5 requirements contained in this subsection shall not be construed to affect in 6 anyway the City's rights, privileges, and immunities as set forth in Section 768.28, 7 Florida Statutes. 9 Section 78 -708. Disposition of abandoned modular newsracks. 10 11 (a) If fifty -one percent (51 %) or more of the total cells in a modular newsrack remain 12 empty for thirty (30) continuous days, it shall be deemed abandoned and posted 13 as such. 14 15 (b) If the controlling entity is not identified on the modular newsrack or newsrack, it 16 shall be considered abandoned and posted as such. 17 18 Section 78 -709. Enforcement and penalties. 19 20 (a) If a modular newsrack is or has been installed, used, or maintained in violation of 21 this Division, a notice of violation shall be issued to the controlling entity. In 22 addition, a copy of the notice shall be posted on the offending modular newsrack. 23 If the offending modular newsrack is not properly identified as to the controlling 24 entity under Section (c) of this Division, and the controlling entity is otherwise 25 unknown, a notice of violation shall be deemed delivered when posted thereon. 26 27 (b) If the controlling entity of a modular newsrack fails to comply with the above notice 28 of violation, a notice of hearing before the Code Enforcement Special Master shall 29 be issued to the controlling entity. In addition, a copy of the notice of hearing shall 30 be posted on the offending modular newsrack. If the offending modular newsrack 31 is not properly identified as to the controlling entity under Section (c) of this 32 Division, and the controlling entity is otherwise unknown, a notice of violation shall 33 be deemed delivered when posted thereon. 34 35 (c) The City may remove a newsrack or modular newsrack whose controlling entity 36 fails to correct a violation within the time specified by order of the Code 37 Enforcement Special Master without cost or liability to the City. 38 39 (1) If the violation is not corrected within the time specified in the Order of the 40 Special Master, the City shall remove the modular newsrack. Any modular 41 newsrack so removed shall be stored by the City at the distributor's expense 42 for a period of thirty (30) days. The modular newsrack shall be released to 43 the controlling entity upon a proper showing of ownership and payment of all 44 storage charges. 45 46 0 Date Prepared: May 30, 2003 Ordinance 6, 2002 1 (2) If the modular newsrack is not claimed within the thirty (30) day period, it may 2 be sold at public auction in compliance with Chapter 705.103, Florida 3 Statutes. 4 5 (3) The Code Enforcement Supervisor, in addition, shall provide the controlling 6 entity, if known, with written notice of the auction by certified mail, return 7 receipt requested. 8 9 (4) If a controlling entity has been ;ordered by the Code Enforcement Special 10 Master to correct a violation of this Division, the removal of the modular 11 newsrack shall be stayed pending final disposition of an appeal, if any, to the 12 Circuit Court as provided for in Section 2 -240 of the City's Code of 13 Ordinances and Chapter 162, Florida Statutes. 14 15 (d) Any violation of this Division shall be subject to penalties imposed under Article VII 16 of the City's Land Development Regulations and under the provisions of code 17 enforcement contained in Chapter 2 of the City's Code of Ordinances. 18 19 Section 78 -710. Nonconforming newsracks. 20 21 (a) Individual newsracks that were lawfully installed within the City on the effective 22 date of this Division may be continued for a period of six (6) months from Linsert 23 date ordinance is adopted], except as provided herein. 24 25 (1) Individual newsracks shall not be enlarged or altered in anyway. 26 27 (2) If an individual newsrack is destroyed by any means to an extent of sixty 28 percent (60 %) or more of its replacement costs at the time of destruction, the 29 newsrack shall not be replaced. 30 31 (3) If any newsrack is removed for any reason, other than maintenance or name 32 change of occupant, from its location and reinstalled, the newsrack shall 33 conform to the requirements of this Division. 34 35 (b) Upon expiration of the time period stated in Subsection (3) herein, each affected 36 newsrack shall be brought into compliance with the requirements of this Division. 37 38 (c) Any newsrack existing on property annexed into the City that was lawful at time of 39 annexation but does not conform to the requirements of this Division shall comply 40 with the standards of this Division within six (6) months. The six (6) months shall 41 commence on the date the annexation ordinance is adopted. 42 43 (d) The time periods provided in this subsection are for the purpose of amortizing the 44 costs of a newsrack and any property rights created by virtue of lease of location 45 and /or newsrack space. 46 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: May 30, 2003 Ordinance 6, 2002 SECTION 4. Codification of this Ordinance is hereby authorized and directed. SECTION 5. This Ordinance shall become effective immediately upon adoption. PASSED this day of , 2003, upon first reading. PASSED AND ADOPTED this day of , 2003, upon second and final reading. CITY OF PALM BEACH GARDENS BY: Eric Jablin, Mayor Carl Sabatello, Vice Mayor David Clark, Councilmember Joseph Russo, Councilmember Annie Marie Delgado, Councilmember ATTEST: BY: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney G:\attorney_ share \ORDINANCES \Newsrack - revised by attorney.doc 11 FOR AGAINST ABSENT Modular Newsrack Vendor List Gold Eagle Enterprises, Inc. Scott Birge, President 3604 -C Century Blvd. Lakeland, FL 33811 (954) 325 -9606 G &V Campbell, Inc. Gene Campbell, President 154 Whitney Street Eatonville, GA 31024 (706) 484 -1872 Sho -Rack Gary Grosz, President P.O. Box 1127 Shiner, TX 77984 (251) 423 -6688 Rak Systems Richard Kitzman, President 5500 Plantation Rd. Theodore, AL 36582 (800) 467 -1725 K -Jack Bob Camara, President 1522 W. 134th Street Gardenia, CA 90249 (800) 775 -4225 The Keenan Group, Inc. Bob Keenan, President P.O. Box 458 Pleasant View, TN 37146 (800) 229 -0922 Palm Beach Manufacturing, Inc. Eric Stringer, President 2000 -12 Avenue P Riviera Beach, FL 33404 DKEC ERVED JUM ° 4 2003 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: May 28, 2003 Meeting Date: June 19, 2003 Ordinance 17, 2003 SUBJECT /AGENDA ITEM Ordinance 17,2003: Amendment to Banyan Tree Planned Unit Development (PUD) - Phases I & II First Reading: A request by Stephen S. Mathison, Esq., on behalf of South Florida Blood Banks, Inc., for approval of an.amendment to the Banyan Tree Planned Unit Development (PUD) to allow for modifications to the previously approved Master Plan. The approximately 12.64 -acre Banyan Tree PUD is generally located on both the northeast and northwest corners of MacArthur and Northlake Boulevards. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: FINANCE: N/A City Council Action: Growth Management: [ ] Approved Principal Planner Costs: $ N/A [ ] App. w/ conditions Talal M. Benothman, AICP City Attorney Project Manager /#if Total [ ] Denied [ ] Rec. approval Christine Tatu Michael J. S nchez $ N/A [ ] Rec. app. w/ conds. Senior Planner Current FY [ ] Rec. Denial Finance N/A [ ] Continued to: DevelopmenL Funding Source: Advertised: Attachments: Complianc [ ] Required . Table 1: Land Use Bahareh Keshavarz - Wolfs, [ ]Operating and Zoning AICP [X] Not Required [X] Other N/A Designations • Ordinance 41, 2001 Growth gerpent • Project Narrative Directo • Site Plan Charles K. Wu, AICP Budget Acct. #: • Landscape Plan N/A • Fuel Storage Tank Letters . Ordinance 17, 2003 Approved By: Affected Parties: Ronald M. Ferris [ ] Notified City Manager [X] Not Required Date Prepared: May 28, 2003 Meeting Date: June 19, 2003 Ordinance 17, 2003 BACKGROUND The MacArthur Banyan Tree was located in the City of Palm Beach Gardens by the City founder, John D. MacArthur. It has since gained historical significance with the residents of the City and become a landmark identifying the City. In order to ensure the protection and preservation of the MacArthur Banyan Tree, the City, in February of 2003, adopted Ordinance 3, 2003 (please see attachment), which designated the MacArthur Banyan Tree as a locally designated historic and /or archaeologically significant site. In August of 1999, the City Council adopted Resolution 70, 1999, and Resolution 71, 1999, thereby granting approval of a waiver from the residential requirements of the Comprehensive Plan Mixed Use Category in order to allow the parcels, now referred to as the Banyan Tree PUD, to be developed without a residential component. The Banyan Tree PUD was approved by the City Council on February 21, 2002, by the adoption of Ordinance 41, 2001. The approval included phasing for the PUD and site plan approval for Phase I of the PUD. Phases II and III were granted conceptual approval only and were required to obtain future site plan approval from the City as amendments to the PUD. Ordinance 41, 2001 established the following: • Phase I (approximately 5.2 acres): 40,900 square feet of office use for the Blood Bank; • Phase II (approximately 2.2 acres): 38,500 square feet of retail use; and • Phase III (approximately 5 acres): 27,000 square feet of retail and 25,000 square feet of office use. In February of 2002, the property owner of Phase III of the PUD submitted a petition to the City for site plan approval in order to construct two (2) office buildings totaling 24,700 square feet, a 2,780 square - foot bank, and a 5,000 square -foot restaurant on Phase III (Parcel 12.04). Said petition was approved by the City Council at Second Reading on May 15, 2003. LAND USE & ZONING The subject site has a Mixed Use (MXD) Future Land -Use designation and is zoned Mixed Use (MXD) with a Planned Unit Development (PUD) Overlay with office and commercial underlying zoning districts. Please see attached Table I for details of the surrounding properties. CONCURRENCY The project received concurrency on June 7, 2000, with the traffic concurrency expiring on December 31, 2003. The applicant has applied for a time extension to the buildout date of the PUD, which is currently under review by the City Engineer. PROJECT DETAILS The applicant is seeking approval of an amendment to the Banyan Tree PUD to allow the following modifications to the previously approved Master Plan for Phases I and II of the PUD: 2 Date Prepared: May 28, 2003 Meeting Date: June 19, 2003 Ordinance 17, 2003 • An increase in the height of the screening wall between the Blood Bank facility and the Sun Terrace at Lake Catherine property to the north from six (6) feet, as previously approved, to eight (8) feet. This modification is being proposed in order to satisfy a request made by the Sun Terrace at Lake Catherine's HOA. The City's Land Development Regulations (LDR's) allow for fences and walls in nonresidential zoning districts to be erected and maintained at a height not to exceed eight (8) feet. • The construction of a landscape median within the access drive isle from Northlake Boulevard to Phases I and lI. This access drive isle, which straddles the property line between Phases I and II, was previously approved at a width of 25 feet and without a median. The applicant is proposing to increase the width of the drive isle to 33 feet (13 -foot drive isle + seven (7) foot landscape median + 13 -foot drive isle). • The construction of two (2) monument entry signs located at the Northlake Boulevard entrance to Phases I and II. The applicant is proposing to construct a marble - engraved wall sign, approximately 52 feet in length and six (6) feet in height, on each side of the access drive isle. The monument signs will replace one (1) ground sign previously approved on the west side of the entrance to the site from Northlake Boulevard. The entry walls will include the names of the two (2) campuses (Phases I and II), as well as plaques engraved with the names of financial donors to the Blood Bank. However, only the westernmost entry wall (Phase I) will contain lettering at this time; the lettering on the easternmost entry wall will be added in the future. The proposed size and number of signs on site require waivers from the City's Land Development Regulations (LDR's). These waivers are discussed in further detail in the subsequent section of this report. • A dedication of right -of -way for the City's planned right -of -way improvements along MacArthur Boulevard. Waivers The applicant is requesting approval of three (3) waivers with the subject request: 1) Number of Ground Signs: The applicant is requesting a waiver to allow for a total of five (5) ground signs within the Banyan Tree PUD. Code Requirement: Section 78 -285 of the- City's Land Development Regulations (LDR's) allows for one (1) ground sign for the first 300 linear feet of ROW frontage and one (1) additional ground sign for each additional 700 linear feet of public ROW frontage. The Banyan Tree PUD has 2,101 linear feet of public ROW frontage; therefore, the PUD is only permitted three (3) ground signs. However, the original Banyan Tree PUD approval included a waiver to allow for four (4) ground signs within the PUD. Applicant's Justification: The applicant is incurring the construction cost of increasing the wall height between the Blood Bank site and the Sun Terrace at Lake Catherine residential community to the north, as requested by the City. In return, the applicant is requesting approval 3 Date Prepared: May 28, 2003 Meeting Date: June 19, 2003 Ordinance 17, 2003 of the subject waiver. Staff Recommendation: Staff has reviewed the requested waiver and has no objection to the request. Staff recommends APPROVAL of the requested waiver. 2. Maximum Size of Ground Signs: The applicant is requesting approval of a waiver to allow for two (2) ground signs which are approximately six (6) feet in height and 52 feet in width. Code Requirement: Section 78 -285 of the City's LDR's limits the size of ground signs to ten (10) feet in height by 15 feet in width. Applicant's Justification: The applicant is incurring the construction cost of increasing the wall height between the Blood Bank site and the Sun Terrace at Lake Catherine residential community to the north, as requested by the City. In return, the applicant is requesting approval of the subject waiver. Staff Recommendation: Staff has reviewed the requested waiver and has no objection to the request. Staff recommends APPROVAL of the requested waiver. 3. Application Fee: The applicant is requesting approval of a waiver of the application fee associated with the amendment to the PUD. Master Fee Schedule (Resolution 133, 2002): The application fee for a PUD amendment is $1,750.00. Applicant's Justification: The applicant is a non - for -profit organization. Furthermore, the applicant is incurring the construction cost of increasing the wall height between the Blood Bank site and the Sun Terrace at Lake Catherine residential community to the north, as requested by the City. The applicant has stated that the cost of increasing the wall height exceeds $30,000.00. In return, the applicant is requesting approval of the subject waiver. Staff Recommendation: This fee waiver is not a planning matter, but a policy decision by the City Council. PLANNING AND ZONING COMMISSION At its April 28, 2003 meeting, the Planning and Zoning Commission held a public hearing to review the subject petition. The Commission voted 6 -1 to recommend approval of the subject petition with the following conditions in addition to those conditions of approval listed in the staff report: The monument entry sign details shall be amended to reflect the exact size, proportions, materials, and colors of the entry signs. The monument entry sign details have been amended by the applicant to reflect the size, proportions, materials, and colors of the entry signs. • The front and sides (ends) of the monument entry signs shall consist of a marble finish that is of H Date Prepared: May 28, 2003 Meeting Date: June 19, 2003 Ordinance 17, 2003 a color consistent with that of the Blood Bank building. The applicant has amended the monument entry sign details to reflect the aforesaid requirement. • The top of the monument entry signs shall consist of a precast concrete cap to match the precast architectural features on the Blood Bank building. The applicant has amended the monument entry sign details to reflect the aforesaid requirement. • The rear of the monument entry signs shall consist of a stucco finish with a color to match that the Blood Bank building. The applicant has amended the monument entry sign details to reflect the aforesaid requirement. • The letter height of the campus name on the monument entry signs in relationship to the height of the vertical wall on which the signage will be affixed shall not exceed a ratio of 16:24 (or 2:3). The letter height of the campus name on the monument entry sign will be 16 inches, and the height of the vertical wall on which the signage will be affixed will be 24 inches, as is reflected on the submitted signage details. Therefore, the applicant has complied with the aforesaid requirement. • The sidewalk adjacent to the monument entry signs, which extends north into the property from the meandering sidewalk along Northlake Boulevard, shall extend across the entry drive to allow pedestrians observing the entry wall feature to continue across the entry drive without having to backtrack to the meandering sidewalk along Northlake to cross the entry drive. The City Engineer has indicated such a crosswalk, which is not located at a stop condition, creates a pedestrian safety issue. If it is the desire of the applicant to continue the sidewalk, which is adjacent to the monument entry signs across the entry drive, then a speed control device (i.e. speed table) and signage, acceptable to the City Engineer, shall be included to ensure the safety of pedestrians. Commissioner Solomon did not agree with the justification for waivers #1 and #2 and did not concur with the inclusion of the names of financial contributors to the facility on the monument entry walls. STAFF RECOMMENDATION Staff recommends APPROVAL of Ordinance 17, 2003, along with the three (3) requested waivers, subject to the conditions listed therein. 5. Date Prepared: May 28, 2003 Meeting Date: June 19, 2003 Ordinance 17, 2003 TABLE I EXISTING ZONING AND LAND USE DESIGNATIONS EXISTING USE ZONING LAND USE Subject Property Mixed Use (MXD) with a Mixed Use Banyan Tree Parcels Planned Unit Development (MXD) (PUD) Overlay North Lake Catherine & Lake Catherine Sports Complex South Costco, Wendy's, Northlake Executive Park, & Sports Authority West Sun Bank (Unincorporated Palm Beach County) East Pep Boys Residential Low Density — 2 (RL -2) with a Planned Unit Development (PUD) overlay & Public or Institutional (P /I) General Commercial (CG -1) with a Planned Unit Development (PUD) overlay ( Costco only) General Commercial (CG) & Special Use (SE) General Commercial (CG -1) VA Residential Medium (RM) & Recreation Open Space (ROS) Commercial (C) Commercial (C) February 21, 2002 ORDINANCE 41, 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN APPLICATION FROM SOUTH FLORIDA BLOOD BANKS FOR REZONING OF 12.64 ACRES OF LAND LOCATED ON BOTH SIDES OF MACARTHUR BOULEVARD, ON THE NORTH SIDE OF NORTHLAKE BOULEVARD (PARCELS 12.04 AND 12.05), AS MORE PARTICULARLY DESCRIBED HEREIN, TO A PLANNED UNIT DEVELOPMENT (PUD), AND THE APPROVAL OF THE "BANYAN TREE" MASTER PUD PLAN FOR PHASE 1 OF THE PUD TO CONSTRUCT AN APPROXIMATELY 40,900 SQUARE -FOOT OFFICE BUILDING (BLOOD BANK); PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application (PUD- 01 -09) from the South Florida Blood Banks for approval of the "Banyan Tree" Master Planned Unit Development (PUD) Plan and the first phase of the PUD located at the northwest (Phases 1 and 2) and the northeast (Phase 3) corners of Northlake Boulevard and MacArthur Boulevard, so as to construct a 40,900 square -foot office building (Blood Bank) on the western portion of the 7.43 -acre Parcel 12.05, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the list of approved and conditionally approved uses for Phases 1, 2 and 3 of the Banyan Tree PUD are listed in Exhibit "B" attached hereto; and WHEREAS, the approvals of Phases.2 and 3 of the "Banyan Tree" PUD Master Plan shall be done as future amendments to the "Banyan Tree" PUD approval, including review by the Planning and.Zoning Commission and City Council; and WHEREAS, the Growth Management Department has recommended approval of the rezoning of Parcels 12.04 and 12.05 and the "Banyan Tree" Master PUD Plan for Phase 1; and WHEREAS, on October 23, 2001, the City's Planning and Zoning Commission reviewed said application and recommended that it be approved with the requested waivers, subject to certain conditions stated herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Ordinance 41, 2001 Meeting Date: February 21, 2002 Date Prepared: February 5, 2002 Petition PUD -01 -09 SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby approves the rezoning of Parcels 12.04 and 12.05, as more particularly described in Exhibit "A" attached hereto, to a PUD, and a master planned unit development (PUD) plan known as the "Banyan Tree" PUD for Phase 1 of the PUD to permit the construction of an approximately 40,900 square -foot office building (blood bank) on the western portion of Parcel 12.05. 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 the issuance of the first building permit, the applicant shall meet all of South Florida Water Management 'District's ( SFWMD) requirements, which includes the certification of the Lake Catherine project, and submit to the City a SFWMD permit or a letter of approval for the Blood Bank's surface water management system. The SFWMD approval shall include approval of the water quality, site storage calculations (shall be consistent with the assumption made for the Lake Catherine permit issued in 1990), and stormwater discharge requirements. (City Engineering) 2. Prior to the issuance of a certificate of occupancy, the applicant shall place $8,400 into an escrow account for its share of the beautification of the Northlake Boulevard road shoulders and median adjacent to Phase 1 of the Banyan Tree PUD. The money placed into escrow for the beautification of the road shoulders and median adjacent to Phases 2 and 3 shall be addressed when these phases request development approval. (Planning and Zoning) 3. Construction access for Phases 1, 2 and 3 shall only occur from Northlake Boulevard; no construction access shall be permitted from MacArthur Boulevard. (Code Enforcement) 4. The applicant shall work with the City to address the MacArthur Boulevard right -of- way drainage during the development of Phases 2 and 3 of the PUD. (City Engineering) 5. All lighting shall be metal halide. (Police) 6. Landscaping shall not conflict with lighting (including long term tree growth). (Police) 7. The rear door shall be equipped with a peephole viewer. (Police) 8. All perimeter doors shall be equipped with hinges that utilize non - removable hinge pins. (Police) 9. All strike areas of perimeter doors , shall be equipped with reinforced, case hardened strike plate. (Police) 10. Glass perimeter doors shall be equipped with case hardened guard rings to protect the mortise lock cylinder. (Police) 11. A timer clock or photocell sensor engaging lighting above or near entryways /exits shall be provided. (Police) 2 Ordinance 41, 2001 Meeting Date: February 21, 2002 Date Prepared: February 5, 2002 Petition PUD -01 -09 12. The building shall have an alarm system. (Police) 13. Numerical addresses on site shall be illuminated for nighttime visibility, and shall have bi- directional visibility from the roadway. (Police) 14. The awnings on the Blood Bank building in Phase 1 shall be one color (green). (Planning & Zoning) 15. The sidewalk along Northlake Boulevard for Phases 2 and 3 of the PUD shall continue the meandering path that has been established in phase 1. (Planning & Zoning) 16. The sidewalk and the right turn lane along Northlake Boulevard into Phases 1 and 2 shall be constructed with Phase 1. (City Engineering) 17. The architecture for Phases 2 and 3 shall contain compatible treatments, styles, materials, and colors as those approved in Phase 1, including vertical elements such as towers or design elements, smooth and textured painted stucco surfaces, cement tile roofing, multi -paned windows of mixed design (flat head and arched heads), dormer windows or other similar treatments, railings, louvered shutters, awnings, and entry porticos and building interconnections. (Planning & Zoning) 18. The site layout for Phases 2 and 3 shall reflect and respect the uniqueness of the Banyan Tree in the MacArthur Boulevard median by employing best urban design and site planning techniques that emphasize the urban space, pedestrian quality and city entryway feature. The design of Phases 2 and 3 shall include, but not be limited to, the following principles: a. Appropriate spacing and location of buildings that adequately frame the open space in and around the Banyan Tree area; b. Sensitive building massing and bulk that do not overshadow the Banyan Tree; C. Proper symmetry of site design and architectural treatments for areas immediately adjacent to the Banyan Tree; d. Full integration of the Banyan Tree open space with the site design of Phases 2 and 3 oriented toward the Banyan Tree. This area is not appropriate for the location of excessive asphalt pavement, dumpsters, intrusive signage, and loading areas. e. Careful consideration may include but is not limited to street furniture, landscape enhancements, accent lighting, public art, and open space that enhances the pedestrian environment in and around the Banyan Tree. (Planning and Zoning) 19. The applicant, successors or assigns shall submit revised traffic analyses with the submission of the development applications for Phases 2 and 3. The traffic analysis for Phase 2 shall show the exit from the site onto MacArthur Boulevard as a right -out only. The traffic analysis for Phase 3 shall show the exit from the site onto MacArthur Boulevard as a left -out only; alternatively, this access point may be shown as an ingress only to the site (no egress). Subsequent amendments to the PUD to include Phases 2 and 3 shall reflect these access points as described 3 Ordinance 41, 2001 Meeting Date: February 21, 2002 Date Prepared: February 5, 2002 Petition PUD -01 -09 above. (Planning & Zoning) 20. Phase 1 of the PUD shall be limited to no more than 41,000 square feet of office space (without a bank) and Phase 2 shall be limited to 38,500 square feet of retail space, as referenced in the August 21, 2001 Traffic Equivalency Statement prepared by Yvonne Ziel Traffic Consultants, Inc. Phase 3 shall be limited to 27,000 square feet of retail use and 25,000 square feet of office use, as referenced in the April 19, 2001 Traffic Impact Analysis (Parcel 12.04) prepared by Yvonne Ziel Traffic Consultants, Inc. These square footages may be amended in the future through amended traffic analyses or traffic equivalencies prepared by the applicant, successors or assigns, and approved by the City. (Planning & Zoning) 21. The build -out date for this project is December 31, 2002, as referenced in the April 19, 2000 Traffic Impact Analysis (Parcel 12.04) and the April 24, 2000 Traffic Impact Analysis (Parcel 12.05) prepared by Yvonne Ziel Traffic Consultants, Inc. (Planning & Zoning) SECTION 3. The following waivers are hereby granted with this approval: 1. Section 78 -285 of the City's Land Development Regulations (LDRs) and Section 5 -6 of the Northlake Boulevard Overlay Zoning (NBOZ) District Design Guidelines that limit the number of ground signs to three (3) for 2,101 linear feet of public road right -of -way frontage, to allow for a fourth ground sign on the site. 2. Section 78- 508(b) of the City's Land Development Regulations (LDRs) that requires a 150 -foot minimum distance between a proposed and an existing intersection, to allow for a separation of approximately 110 feet. 3. Section 6 -2 of the Northlake Boulevard Overlay Zoning (NBOZ) District that limits the height of a building to 55 feet, to permit a maximum building height of 58 feet. 4. Section 5 -6 of the Northlake Boulevard Overlay Zoning (NBOZ) District that requires a flat wall sign to be located at the first floor level, to allow for one (1) flat wall sign immediately below the fourth floor roof line. 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 (dates represent the date plans are received and stamped in): 1. Master PUD Plan by Jeffrey A. Ornstein, P.A. and date stamped (October 24, 2001) into the Planning and Zoning Division, sheet 01. 2. Site Plan by Jeffrey A. Ornstein, P.A. and date stamped (October 24, 2001) into the Planning and Zoning Division, sheet 1. 3. Detail Sheet by JeffreyA. Ornstein, P.A. and date stamped (October2, 2001) into the Planning and Zoning Division, sheet 1 a. 4. First Floor Plan by Jeffrey A. Ornstein, P.A. and date stamped (September 12, 4 Ordinance 41, 2001 Meeting Date: February 21, 2002 Date Prepared: February 5, 2002 Petition PUD -01 -09 2001) into the Planning and Zoning Division, sheet 2. 5. Second Floor Plan by Jeffrey A. Ornstein, P.A. and date stamped (August 24, 2001) into the Planning and Zoning Division, sheet 3. 6. Third Floor Plan by JeffreyA. Ornstein, P.A. and date stamped (August 24, 2001) into the Planning and Zoning Division; sheet 4. 7. Roof Plan by Jeffrey A. Ornstein, P.A. and date stamped (August 24, 2001) into the Planning and Zoning Division, sheet 5. 8. Transverse Section 'A' Plan by Jeffrey A. Ornstein, P.A. and date stamped (August 24, 2001) into the Planning and Zoning Division, sheet 8. 9. South and East Elevations by Jeffrey A. Ornstein, P.A. and date stamped (October 24, 2001) into the Planning and Zoning Division, sheet 15. 10. North and West Elevations by Jeffrey A. Ornstein, P.A. and date stamped (October 24, 2001) into the Planning and Zoning Division, sheet 16. 11. Landscape Development Plan by Gentile Holloway O'Mahoney &Associates, Inc. and date stamped (October 15, 2001) into the Planning and Zoning Division, sheet L -1. 12. Landscape Specification Sheet by Gentile Holloway O'Mahoney & Associates, Inc. and date stamped (October 15, 2001) into the Planning and Zoning Division, sheet L -2. 13. Site Lighting Plan by Chane, Inc. and date stamped (October 24, 2001) into the Planning and Zoning Division, sheet SL1. 14. Conceptual Irrigation Plan by Gentile Holloway O'Mahoney & Associates, Inc. and date stamped (August 24, 2001) into the Planning and Zoning Division, sheet IR- 1. 15. Site Engineering Plan by Tom McCarthy and date stamped (October 2, 2001) into the Planning and Zoning Division, sheet 1 of 1. 16. Traffic Impact Analysis (Parcel 12.04) by Yvonne Ziel Traffic Consultants, Inc. and dated April 19, 2000. 17. Traffic Impact Analysis (Parcel 12.05) by Yvonne Ziel Traffic Consultants, Inc. and dated April 24, 2000. 18. Traffic Equivalency Statement (Parcel, 12.05) by Yvonne Ziel Traffic Consultants, Inc. and dated August 21, 2001. 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. 5 Ordinance 41, 2001 Meeting Date: February 21, 2002 Date Prepared: February 5, 2002 Petition PUD -01 -09 SECTION 7. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS 15th DAY OF NOVEMBER 2001. PLACED ON SECOND READING THIS a� DAY OF ra-wty itn Y 2002. 1� 40PTED THIS ILMAN DAVID C. COUNCIL AN CARL SABATELLO ATTEST --BY: CAROL -GO.L CITY <CIIER --E' _ VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO g /john: pud0109.or3 o? f it DAY OF V &f3koAR Y 2002. m IN ct!� (Zf) [=A COUNCILWOMAN LAUREN FURT DO APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY ATTORNEY AYE 6 NAY ABSENT EXHIBIT "A" LEGAL DESCRIPTION PARCEL 12.04 Ordinance 41, 2001 Meeting Date: February 21, 2002 Date Prepared: February 5, 2002 Petition PUD -01 -09 A parcel of land situate in Section 18, Township 42 South, Range 43 East; within the City of Palm Beach Gardens, Palm Beach County, Florida, and being more particularly described as follows: That part of the Southeast Quarter (SE 1/4) of said Section 18, lying Westerly of the West right of way line of the C -17 Canal; lying Southerly of the South line of that certain parcel of land described in Official Record Book 6377, at page 310; lying Easterly of the East right of way line of MacArthur Boulevard, formerly Gardens Boulevard, as described in Official Records Book 1332, page 6 and Official Records Book 4418, page 788, and lying Northerly of the North right of way fine of Northlake Boulevard. LEGAL DESCRIPTION: PARCEL 12.05 A parcel of land situate in Section 18, Township 42 South, Range 43 East; within the City of Palm Beach Gardens, Palm Beach County, Florida, and being more particularly described as follows: That part of the Southeast Quarter (SE 1/4) of said Section 18, lying Westerly of the West right of way line of MacArthur Boulevard, formerly Gardens Boulevard as described in Official Records Book 1332, page 6 and Official Records Book 6738, page 43; lying Southerly of the South line of that certain parcel of land described in Official Records Book 6356, at page 1768; and lying Northerly of the North right of way line of Northlake Boulevard. 7 Ordinance 41, 2001 Meeting Date: February 21, 2002 Date Prepared: February 5, 2002 Petition PUD -01 -09 EXHIBIT "B" BANYAN TREE PUD LIST OF PERMITTED & CONDITIONALLY PERMITTED USES (* = conditional use) RETAIL & COMMERCIAL Appliance and Electronic Store Bakery *Barber /Beauty Supplies and Equipment Sales (no wholesale; retail only)* Bicycle Sales and Repair Bookstore Clothing and Accessory Store *Drugstore or Pharmacy, General* Drugstore or Pharmacy, Ltd. Floral or Florist Shop (Retail Only) Fruit and Vegetable Market Gift and Card Shop Grocery Store, Retail (specialty; under 20,000 square feet) Hardware, Paint, Glass, Wallpaper and Floor Covering Store Hobby, Fabric, and Craft Shop Jewelry Store, including Repair of Jewelry and Clocks Medical and Dental Supply Sales (no wholesale; retail only) Pottery Shop Restaurant, General Restaurant, Specialty Restaurant, Quality *Retail, General (Growth Management Director has discretion to require a conditional use permit on a case by case basis)* PERSONAL SERVICES *Bank/Financial Institution w /Drive Through* Bank/Financial Institution w/o Drive Through *Barber /Beauty Shops* Catering Service Clinic, Medical or Dental Clinic, Veterinary Data Processing Service *Day Care, Child and Adult* CONTINUED NEXT PAGE 8 Ordinance 41, 2001 Meeting Date: February 21, 2002 Date Prepared: February 5, 2002 Petition PUD -01 -09 Express or Parcel Delivery Office *Health, Physical Fitness, Weight Reduction, and Spa* Laboratory, Dental, or Medical Laundry and Dry- Cleaning Pickup Station Mail and Packing Store, Private *Personal Services* Picture Framing Photo Studio and Processing Print Shop Studio, Instructional Studio, Professional Travel Agency *Video Rental and Sales* OFFICE Employment Office Interior Design, including Sales Office, Medical or Dental Office, Professional and Business Optical, Optician or Optometrist Offices Veterinary Office and Clinic (no boarding) PUBLIC AND INSTITUTIONAL Post Office Post Office, Accessory *Schools, Public and Private* CULTURAL ENTERTAINMENT AND RECREATIONAL Art Gallery and Museum, Public or Private Club or Lodge, Private *INDUSTRIAL AND MANUFACTURING* *Laboratory, Industrial R &D (not heavy industrial) *Printing and Publishing (not heavy industrial) * NOTE: Industrial and Manufacturing uses shall not use noxious chemicals or odor producing chemicals and /or equipment. These uses shall emphasize technology, laboratory research and testing, medical research and testing, and high tech publishing that uses modern printing and replication technologies (i.e.: digital scanning). CONTINUED NEXT PAGE 9 OTHER Accessory Uses Satellite Dishes, Accessory 10 Ordinance 41, 2001 Meeting Date: February 21, 2002 Date Prepared: February 5, 2002 Petition PUD -01-09 i STEPHEN S. MATHISON, P.A. ATTORNEYS AT LAW Stephen S. Mathison, P.A. Of Counsel. Frederic T. DeHon; Jr., P.A March 26, 2003 Via Hand Delivery Mr. Talal Benothman Principal Planner City of Palm Beach Gardens Planning and Zoning Department 1.0500 North Military Trail Palm Beach Gardens, Florida 33410 ;t PGA Concourse Building 5606 PGA Boulevard, Suite 211 Palm Beach Gardens, FL 33418 Telephone: (561) 624=2001 Telecopier: (561) 624 -0036 Re: South Florida Blood Banks - Northlake Boulevard Facility Banyan Tree P.U.D. Ordinance 41 - 2002 Our File Number 4144 Dear Talal: I am pleased to file South Florida Blood Banks, Inc.'s Application for P.U.D. /Site Plan Amendment. As you know, the purpose of the attached Application is to facilitate the request of the adjacent Property Owner's Association to increase the buffer wall between the Blood Bank facility and the Property Owner's Association property from 6' to 8'. The request also provides for enhancement of the Northlake Boulevard entrance to the project and right -of -way for the MacArthur Boulevard round -about at the historic Banyan Tree located to the east of the project. For your information, I am enclosing a letter cf support for the Application received from Association President Shirley Goodson. As stated in the Application, South Florida Blood Banks, Inc. is seeking a- waiver as to the height requirement for the wall in order to increase its height from 6' io i3' and is requesting waiver of the application fee in the amount of $2,200.00. The basis for the Application fee waiver is the Blood Bank agreeing upon final approval of this Application to incur the cost of increasing the wall height from its current approved height of C to 8'. lam informed by Blood Bank representatives that the cost of increase of the wall height exceedn30is eatly in excess of the $2,200.00 fee waiver requested. t Mr. Talal Benothman Principal Planner City of Palm Beach Gardens March 26, 2003 Page Two As you know, we are proceeding on a very time sensitive basis with respect to construction schedules. As such, your assistance in facilitating a fast track of this Application would be most greatly appreciated. Kind Stephen SSM/sh Attachments cc: Mayor Eric Jablin w /out attachments Ronald Ferris w /out attachments Charles Wu w /out attachments John H. Flynn w /out attachments STEPHEN S. MATHISON, P.A. r4 SNNVE] a0018 V(31HOI-A Hinos 'V AaMaar A L I 'I 1 3 v a NOIIVH.LS IN[ nay AL a N r4 IL ......... R- . 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MILITARY TRAIL • PALM BEACH GARDENS, FLORIDA 33410 -4698 May 12, 2003 Mr. Louis J. Satriano, President Property Owners Association at Lake Catherine 4703 Lakemont Court Palm Beach Gardens, Florida 33403 Re: Eight -Foot Wall and Fuel Storage'Tanks at South Florida Blood Bank on Northlake Blvd. Dear Mr. Satriano, Thank you for your letter dated April 17, 2003, regarding the wall and fuel storage tanks on the South Florida Blood Bank property. You raised a question on the wall and several on the fuel storage tanks. First, the eight -foot wall will be installed after the pending amendment to the Banyan Tree Planned Unit Development (PUD) is approved by the City Council. The applicant is requesting approval to increase the height of the wall from six to eight feet, as part of the PUD amendment application. Second, the Blood Bank received permits from permitting agencies for two fuel tanks, each with a capacity of 2,000 gallons. The total capacity of both tanks is 4,000 gallons, as confirmed by Mr. Mathison, legal representative of the Blood Bank, in his recent letter dated May 8, 2003. One tank will be used for gasoline storage and the other for diesel fuel storage. The South Florida Blood Bank employees will fill the trucks (Blood Mobiles) and operate the fuel storage tanks, as is the case on the Blood Bank facility located on 45th Street in West Palm Beach, according to Mr. Mathison. Third, the approved site plan for the South Florida Blood Bank facility on Northlake Boulevard reflects two above ground fuel storage tanks, and does not reflect the capacity of the tanks since the City does not regulate fuel storage tanks. The State and County regulate such facilities. If you would like a copy of the approved site plan, please feel free to visit our Planning and Zoning Division who will provide you with the requested copy. Fourth, in our letter dated November 20, 2002, we mentioned that the South Florida Blood Bank "plans to install two above ground fuel tanks, each with a capacity of one thousand gallons." This information was provided to you based on the information we received from the South Florida Blood Bank. Blood Bank Letter May 12, 2003 Page Two The attached correspondence from Mr. Mathison answers the questions raised in your recent letter, and confirms the permitted capacity of the fuel tanks. If you need additional information or have additional questions, please feel free to contact our Department of Growth Management at 799 -4243. Sincerely, d*&-' GCS. Charles K. Wu, AICP Growth Management Administrator CKW /tb Attachment: Stephen S. Mathison, P.A. Letter CC: Ron Ferris, City Manager Talal Benothman, Principal Planner Michael Sanchez, Senior Planner Stephen Mathison, P.A. Tbenothman /Satriano ltr 05/08/2003 10:53 5616240036 STEPHEN S. MATB ATTORNEYS AT LAW Stephen S. Mathison, P.A. Of Counsel j I Frederic T. DcHon, Jr., P -A. I I May 8, 2003 VIA. FACSIMILE - 799 -428' Mr. Talal Benothman Principal Planner City of Palm Beach Gardens Planning and Zoning Depart 10500 North Military Trail Palm Beach Gardens, Florid Re: South Florida Blood Our File Number 41 Dear Talal: Per your request, I am yA._W i.auaaubVA . —A A ­A ' — attached for your reference. follows: 1. As a part of the PUD the South Florida Blood Ban between the Blood Bank pro Lake Catherine from 6 feet i of the adjacent residents and Amendment Application. 2. As to the fuel storage permitting agencies, and hav, each 2,000 gallons in capacit diesel fuel. The fuel tanks w site plan. As we have discussed, there capacity of the tanks for the the Blood Bank, however, a! governmental agencies refle diesel fuel_ I'u Alin ..:. -. :SON, P.A. PAGE 02 G.A• Concourse Building 6 PGA Boulevard, Suite 211 alm Beach Gardens, FL 33418 elephone: (561) 624 -2001 elecopier: (561) 624-0036 4AIL ;nt 13410 tanks, Inc. 4 this letter in response to corresponde.lice from Louis J. Satriano to =s A d- rw" 'e �nrrr+cr�cn`i nry ...j..... .., - - - -. - -r' - response to Mr. Satriano's please be advised as amendment Application currently un er consideration by the City, s, Inc, is proposing to increase the he ght of the buffer wall -rty and the adjacent residential neigl borhoods of Sun Terrace and height to 8 feet in height. This increa a in height is per the request 4e City, and as you know is eontinge t upon approval of the PUD anks, I have made inquiries with the lood Bank and appropriate determined that the fuel storage facil ty will consist of two tanks, . One tank will be for gasoline, and 14e other tank will be for .1 be located and screened in accordar ce with the current approved as apparently been some confusion itll respect to the actual ,food Bank facility. I apologize if an3 of this confusion arose from records with respect to permitting ani I approvals by all : a capacity of 2,000 gallons for gasol ne and 2,000 gallons for 05/08/2003 10:53 5616240036 MATHISM PA City of Palm Beach Gardens ATTN: Talal Benothman Page 2 May 8, 2003 The Blood Bank facility vehi es (Blood Mobiles) will be filled by same manner as has been the 1 ractice of the Blood Bank for over tv facility on 45th Street in West Palm Beach. Please note that during been absolutely no incident as ociated with spillage or other proble gasoline tanks or fueling of BI ood Bank vehicles. Talal, I trust this letter adequa ely responds to the,questions contain correspondence of April 17, 2 03. As always, please feel free to cc additional questions or if I car be of additional assistance to you an Sincerely, Stephen S. Mathison SSM/pew cc: Mr. John Flynn Mr. Jeffrey Ornstein PAGE 03 god Bank employees in the ty years at its existing Lt time period there has associated with either fuel i in Mr. Satriano's tact me should you have any City Staff. 05/08/2003 10:53 5616240036 MATHISON PA SENT 8N: GROWTH MANAGEMENT; 3 5617994201; APR -�2- Louis J. Satfiano, President JJ Pro Owncra Association at Lake Cathenhe 4703 Laketnont Court Urn Beach Gardens, FL 33403 9 l ' April 17, 2003 1 Mr. Ron Ferris, City h' i City of Palm Beach Gardens 10500 North Mlitary Trail Palm Beach Oardens, FL 3341 Rt- Eight foot Wall & Fuel Dtmr Mr- Ferris, I'm writ* in regatd to the clot 27, 2003 letter, to Shirley Good* adiacent to the South Florida Blo Tb a installation of the wall would mid* a mess on their patios. Tb Wa would also like to know, was The next big issue is in regard to i to install. As you know we had tr tneeting we had with You, Charlie a*] myself at City mall. Could you please respond to the f L Request for a copy pt: the So. Fl. 2. Fuel Storago Tank- s) What size tank was approved b) What type of Fuel would be s c) Who would fill the trucks? Ybur earliest response would be Sincerely, PAGE 04 03 3.00PM; PAGE 2/2 maG cJ 6t , t ��c 5 1 Tanks at South Florida Blood Bank, fnc_ A wall that Mr. Mathison said we will be getting, per his February 110 -A President of Sun Terrace, Lak# Catherine. The homeowners Bank property are asking, when will the eight foot wall be put up? event the dust and dirt coming Rom the construction area and Wt is also creating health problems toisome of our homeowners. iermit ever issued for the installation otthe wall? above ground Fuel Storage Tank that !so, Fl. Blood Bank is going y questions that were not answered at the Janu4ry 16, 2003 U, City Attomey, Mr. Mathison, Robeh Sheehan, Shirley Goodson [)wing: Ilood Bank written site plan. (Orioialiand any changes) Mr. Wu Said two 1,000 gal tanks & E'avironmental said 4,000 gal. )red in the tank? Louis J. Sattiauo President cc, Shiaiey, Goodson, President, Sun Terrace at Lake CaMetitne H.O.A Amon 7acksotn, President, Bedf rd A.O.A Robert Sheehan, Secretacy, Sun rerram at Gardens U0-A Mayor Frio lnfatin Q PSQ pLaaa!_ e - Date Prepared: May 28, 2003 1 ORDINANCE 17, 2003 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY PALM 5 BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO 6 THE BANYAN TREE PLANNED UNIT DEVELOPMENT (PUD) IN 7 ORDER TO ALLOW MODIFICATIONS TO THE PREVIOUSLY 8 APPROVED MASTER PLAN FOR THE PUD, GENERALLY 9 LOCATED ON BOTH THE NORTHEAST AND NORTHWEST 10 CORNERS OF NORTHLAKE AND MACARTHUR BOULEVARDS 11 (PARCELS 12.04 AND 12.05), AS MORE PARTICULARLY 12 DESCRIBED HEREIN; PROVIDING FOR WAIVERS; PROVIDING 13 FOR CONDITIONS OF APPROVAL; AND PROVIDING AN 14 EFFECTIVE DATE. 15 16 17 WHEREAS, the City of Palm Beach Gardens previously approved Ordinance 41, 18 2001 thereby approving the Banyan Tree PUD Master Plan, including site plan approval 19 for Phase I of the PUD, a 40,900 square -foot office building (blood bank), and 20 conceptual approvals for Phases II and III of the PUD; and 21 22 WHEREAS, the City of Palm Beach Gardens received an application (PUD -03- 23 03) for an amendment to the Banyan Tree PUD, generally located on both the northeast 24 and northwest corners of Northlake and MacArthur Boulevards (Parcels 12.04 and 25 12.05), as more particularly described herein; to allow for modifications to the previously 26 approved Master Plan; and 27 28 WHEREAS, the Growth Management Department has reviewed said application 29 and determined that it is sufficient and that it is consistent with the City's 30 Comprehensive Plan and Land Development Regulations and has recommended 31 approval of the petition; and 32 33 WHEREAS, on May 13, 2003, the City's Planning and Zoning Commission held 34 a public hearing and recommended approval of the amendment with the conditions 35 stated herein; and 36 37 WHEREAS, the City Council has determined that the adoption of this Ordinance 38 to be in the best interest of the citizens and residents of the City of Palm Beach 39 Gardens. 40 41 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 42 OF PALM BEACH GARDENS, FLORIDA that: 43 44 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 45 46 SECTION 2. The application for modification to the previously approved Master 47 Plan for the following described property is hereby approved: 48 49 Date Prepared: May 28, 2003 Ordinance 17, 2003 1 LEGAL DESCRIPTION: 2 3 PARCEL 12.04 4 5 A parcel of land situate in Section 18, Township 42 South, Range 43 East; within the 6 City of Palm Beach Gardens, Palm Beach County, Florida, and being more particularly 7 described as follows: 8 9 That part of the Southeast Quarter (SE'/) of'said Section 18, lying Westerly of the West 10 right of way line of the C -17 Canal; lying Southerly of the South line of that certain 11 parcel of land described in Official Record Book 6377, at page 310; lying Easterly of the 12 East right of way line of MacArthur Boulevard, formerly Gardens Boulevard, as 13 described in Official Records Book 1332, page 6 and Official Records Book 4418, page 14 788, and lying Northerly of the North right of way line of Northlake Boulevard. 15 16 PARCEL 12.05 17 18 A parcel of land situate in Section 18, Township 42 South, Range 43 East; within the 19 City of Palm Beach Gardens, Palm Beach County, Florida, and being more particularly 20 described as follows: 21 22 That part of the Southeast Quarter (SE 1/4) of said Section 18, lying Westerly of the West 23 right of way line of MacArthur Boulevard, formerly Gardens Boulevard as described in 24 Official Records Book 1332, page 6 and Official Records Book 6738, page 43; lying 25 Southerly of the South line of that certain parcel of land described in Official Records 26 Book 6356, at page 1768; and lying Northerly of the North right of way line of Northlake 27 Boulevard. 28 29 SECTION 3. Said amendment to the Planned Unit Development is approved 30 subject to the following conditions, which shall be the responsibility of the applicant, its 31 successors, or assigns: 32 33 1. The applicant shall comply with all applicable conditions listed in Ordinance 34 41, 2001. (Planning and Zoning) 35 36 2. The build -out date for this project is December 31, 2003, pursuant to 37 Ordinance 50, 2002. (Planning and Zoning) 38 39 3. Prior to the issuance of the Certificate of Occupancy for Phase I, the 40 applicant shall install the landscaping, irrigation, hardscape, and lighting 41 within the entire median and all of the northern roadway shoulder of 42 Northlake Boulevard between the eastern and western termini of Phases 1 43 and II based on the Michael Redd and Associates Northlake Boulevard 44 Streetscape Plans dated November 22, 2002. Upon completion, the City 45 shall reimburse the applicant for one -half (1/2) of the cost of said 46 improvements within said median. (City Forester) 47 48 2. Date Prepared: May 28, 2003 Ordinance 17, 2003 1 4. In the event that the City of Palm Beach Gardens or another entity forms a 2 special district pertaining to the landscape maintenance of Northlake 3 Boulevard, the applicant, successors, and assigns shall automatically 4 become a member of such special district. This condition may be amended 5 at any time by separate agreement between the applicant and the City of 6 Palm Beach Gardens. In the event a special district is not created, the 7 applicant, successors, or assigns shall be responsible for payment of their 8 annual fair share of the maintenance of the aforementioned Northlake 9 Boulevard right -of -way enhancements. (City Forester) 10 11 5. Prior to the issuance of the Certificate of Occupancy for Phase I, the 12 applicant shall replat Phase II to include the dedication of right -of -way for 13 the MacArthur Boulevard improvements (as approved by the City). (City 14 Engineer) 15 16 6. Prior to site plan approval by the City Council for Phase II, the property 17 owner for Phase II shall reimburse the City for one -half (1/2) of the cost of 18 the MacArthur Boulevard improvements (landscaping, irrigation, hardscape, 19 lighting, median drainage, traffic calming measures, and right -of -way 20 dedication), as approved by the City, within the MacArthur Boulevard right - 21 of -way between Northlake Boulevard and the northern terminus of the 22 property, along with interest in accordance with Florida Statutes. (City 23 Engineer and Planning and Zoning) 24 25 7. The applicant, successors, or assigns shall be responsible for payment of 26 their annual fair share of the maintenance of the aforementioned MacArthur 27 Boulevard right -of -way enhancements. (City Forester) 28 29 8. Prior to the issuance of the Certificate of Occupancy for Phase I, the 30 applicant shall pay the required 1% of construction cost towards Art in 31 Public Places for the building project or provide art in public places on the 32 site equal to the cumulative construction value, should the aggregate cost of 33 the project exceed the $1,000,000.00 threshold for construction value. If the 34 applicant chooses to provide the art on site, the applicant shall be required 35 to install the approved art on site, as approved by the Art Advisory 36 Committee and City Council, prior to issuance of the first Certificate of 37 Occupancy for Phase I. (Planning and Zoning) 38 39 9. Prior to the issuance of any additional building permits for Phases I and II, 40 the applicant shall provide a vehicular pavement marking and signage plan 41 to the City for review and approval by the City Engineer. (City Engineer) 42 43 10. The applicant shall comply with Section 78 -324 of the City's Land 44 Development Regulations, Roadway Beautification Plan, which requires the 45 applicant to maintain the landscaping on the rights -of -way adjacent to 46 Phases I and II. (City Forester) 47 3 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Date Prepared: May 28, 2003 Ordinance 17. 2003 11. Prior to the issuance of the first Certificate of Occupancy for Phase I, or prior to the issuance of the first building permit for Phase II, whichever occurs first, the applicant shall complete the construction of the eight (8) foot screen wall located along the northern and a portion of the western property lines. (Planning and Zoning) SECTION 4. The following waivers are hereby granted with this approval: 1. Section 78 -285 of the City's Land Development Regulations (LDR's), Permitted Signs - to allow for a total of five (5) ground signs within the Banyan Tree PUD. 2. Section 78 -285 of the City's Land Development Regulations (LDR's), Permitted Signs - to allow for two (2) ground signs which are approximately six (6) feet in height and 52 feet in width. SECTION 5. All development for Phases I and II of the PUD shall be in compliance with the following plans on file with the City's Growth Management Department: 1. Sheet 01: Site Development Plan, prepared by Jeffrey A. Ornstein, P.A., last revised on May 28, 2003, and received and stamped by the City on May 30, 2003. 2. Sheet 01x: Entry Wall Details, prepared by Jeffrey A. Ornstein, P.A., last revised on May 28, 2003, and received and stamped by the City on May 30, 2003. 3. Sheet L -1: Landscape Development Plan, prepared by Gentile, Holloway, O'Mahoney & Associates, Inc., last revised on May 22, 2003, and received and stamped by the Planning and Zoning Division on May 28, 2003. 4. Sheet L -3: Entry Landscape Plan, prepared by Gentile, Holloway, O'Mahoney & Associates, Inc., dated March 20, 2003, and received and stamped by the Planning and Zoning Division on May 28, 2003. SECTION 6. 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 7. This Ordinance shall become effective immediately upon adoption. S I PASSED this day of 2 3 PASSED AND ADOPTED this day of 4 second and final reading. 5 6 7 CITY OF PALM BEACH GARDENS FOR 8 9 lo BY: 11 Eric Jablin, Mayor 12 13 14 Carl Sabatello, Vice Mayor 15 16 17 David Clark, Councilmember 18 19 20 Joseph Russo, Councilmember 21 22 23 Annie Marie Delgado, Councilmember 24 25 26 ATTEST: 27 28 29 3o BY: 31 Patricia Snider, City Clerk 32 33 34 APPROVED AS TO FORM AND 35 LEGAL SUFFICIENCY 36 37 38 39 BY: 40 Christine P. Tatum, City Attorney 41 42 43 44 45 46 47 48 49 50 G:\ attorney _share \ORDINANCES\banyan tree pud - ORD 17 2003.doc F1 Date Prepared: May 28, 2003 Ordinance 17, 2003 2003, upon first reading. , 2003, upon AGAINST ABSENT J MIRCIEW ED JINN - 2907,' CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: May 26, 2003 Meeting Date: June 19, 2003 Ordinance 18, 2003 Subject/Agenda Item: Ordinance 18, 2003: PGA National DRI /PCDTime Extension First Reading: A request by Urban Design Studio, to amend the Development Order of the PGA National Development of Regional Impact (DRI) by extending the build -out date from August 29, 2003, to August 29, 2005. The petitioner is requesting a Notice of Proposed Change (NOPQ for a two -year time extension. The PGA National DRI is located on the south side of PGA Boulevard, west of the Turnpike, north of Northlake Boulevard, and east of the C -18 Canal. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: FINANCE: City Council Action: Growth Management: [ ] Approved Principal Planner Costs: $ N/A [ ] App. w/ conditions Talal Benothman, AICP Project Total [ ] Denied City Attorney Manager [ ] Rec. approval Christine Ta Natalie Wong $ N/A [ ] Rec. app. w/ conds. Senior Planner Current FY [ ] Rec. Denial Development Compliance N/A [ ] Continued to: Bahareh K. Wolfs, AICP Funding Source: Growth na me t r' Direct U__11 [ ] Operating Advertised: Attachments: • Location Map Date: [ X] Other_N /A Charles K. Wu, AICP Paper: Palm Beach Post • Public Notice • Ord. 22, 1998 [X] Not Required Budget Acct. #: • Treasure Coast Letter dated March 18, 2003 Approved by: . Applicant's justification _Affected parties: Rona erris [ X] Notified [ ] Not Required [ ] None City Manage , Date Prepared: May 26, 2003 Meeting Date: June 19, 2003 Ordinance 18, 2003 Page 2 of 3 BACKGROUND On August 31, 1978, the City Council approved the original Development Order for the PGA National DRI through Resolution 43, 1978. Since the original approval, the development has been amended eleven times. Resolution 106, 1994, the seventh amendment, approved on August 18, 1994, allowed for a five -year time extension with a build -out date of August 29, 2003. Subsequently, Ordinance 22, 1998, the tenth amendment and the last NOPC, approved on January 7, 1999, created a consolidated Development Order for all the applicable terms and conditions for the PGA National DRI with the following major changes: • Time extension for a build -out date of August 29, 2003; • Minor amendment to conditions of approval related to off -site traffic improvements; and • A revision to the Master Development Plan to modify the schedule of uses and certain land use designations. The Development Order currently permits 420 hotel rooms, 602,890 square feet of office space, 155,500 square feet of light industrial use, 150,000 square feet of commercial use, a 160 -bed nursing home, 9,996 square feet of school use, 14,200 square feet of health club use, 15,000 square feet of spa use, 111,217 square feet of warehouse use, and 5,237 dwelling units. PROPOSED MODIFICATION The applicant proposes to make only one change, which is extending the build -out date of the DRI to August 29, 2005. The amendment will modify Exhibit 1, Section I I (Build out Date) and Section 19 (Termination Date) of the Development Order (Ordinance 22, 1998) to reflect the build -out and termination date from August 29, 2003, to August 29, 2005. STAFF ANALYSIS The proposed modification is presumed to be a substantial deviation since the cumulative time extension proposed and previously granted is seven years. Section 380.06 (19)(c) of Chapter 380 of the Florida Statutes states that, "An extension of the date of build -out of a development, or any phase thereof, by seven or more years shall be presumed to create a substantial deviation subject to further development -of- regional- impact review." However, the applicant has rebutted the substantial deviation presumption with clear and convincing evidence. The Florida Department of Community Affairs (FDCA) and Treasure Coast Regional Planning Council ( TCRPC) have reviewed the proposed modification and raised no concerns or objections. Please see TCRPC letter attached. Date Prepared: May 26, 2003 Meeting Date: June 19, 2003 Ordinance 18, 2003 Page 3 of 3 PLANNING AND ZONING COMMISSION RECOMMENDATION On May 13, 2003, the Planning and Zoning Commission, the duly constituted Local Planning Agency, reviewed the proposed amendment and recommended approval by a vote of 7 -0. RECOMMENDATION Staff is recommending approval of Ordinance 19, 2003 to extend the build -out date from August 29, 2003, to August 29, 2005, for the PGA National DRI. December 11, 1998 ORDINANCE 22, 1998 AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS, FLORIDA,. PROVIDING FOR AMENDMENT OF ORDINANCE 34, 1978 AND RESOLUTION 43, 19789 AS AMENDED, THE 6 DEVELOPMENT ORDER FOR THE PGA NATIONAL RESORT COMMUNITY, A DEVELOP OF REGIONAL. IMPACT, BY ADOPTING A CONSOLIDATED, RESTATED AND AMENDED DEVELOPMENT OF REGIONAL, IMPACT AND PLANNED COMMUNITY. DISTRICT DEVELOPMENT ORDER FOR THE PGA►. r NATIONAL RESORT CO PROVIDING FOR AMENDMENT TO CONDITIONS OF APPROVAL RELATING TO OFF -SITE TRAFFIC IM[PROVErv1ENTS; PROVIDING FOR AMENDMENT OF THE MASTER DEVELOPMENT PLAN TO REVISE THE SCHEDULE OF USES AND CERTAIN LAND USE DESIGNATIONS; PROVIDING FOR IMMEDIATE TRANSMITTAL OF THIS ORDINANCE TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, TREASURE COAST REGIONAL PLANNING COUNCIL, PALM BEACH COUNTY AND PGA NATIONAL VENTURE, LTD.; PROVIDING FOR REPEAL OF ORDINANCES AND RESOLUTIONS IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on August 31, 1978, the City Council of the City of Palm Beach Gardens, Florida _:( ".Ciry.. Council ") adopted._: Resolution 43 - . -1978 -as . the-- Original - Development Order for the PGA National Resort Community ( "PGA National "), a Development of Regional Impact ( "DRI "), as that term is defined in Section 380.06, Florida Statutes; and WHEREAS, on February 1, 1979, the City Council adopted Ordinance 34, 1978, which approved the rezoning of lands comprising the PGA National Resort Community, as approved by Resolution 43, 1978, to Planned Community District ( "PCD "); and WHEREAS, the Original Development Order was subsequend3r amended by the City Council pursuant to Resolution 69, 1980 (December 18, 1980); Rasoludon 36, 1984 (July 5, 1984); Resolution 36, 1985 (September 19, 1985); Resolution 37, 1985 (September 19, 1985); Resolution 14, 1986 (April 17, 1986); Resolution 33, 1986 (July Ordinance 22, 1998 Page 1 i I;; PGA National Rcsort Community DRI Development Order Amendment 17, 1986); Resolution 109, 1987 (December' 15, 1987); Resolution 106, 1994 (August 18, 1994); Resolution 107, 1994 (August 18, 1994); and Resolution 30, 1997 (March 20, 1997) (which amendments are and shall hereafter be referred to collectively and 'in combination with the Original Development Order as the "Development Order" for PGA National); and VaMREAS, the City Council has received an application from PGA National Venture, Ltd., a Florida Limited Partnership ( "Developer ") to adopt a restated, consolidated, and amended Development Order which shall incorporate the outstanding terms of the Original Development Order and all amendments thereto to date and repeal those provisions which are no longer applicable; and WHEREAS, it is the intent of Developer's application to improve the ease and efficiency in administration of Developer's, City's and the Florida Department for Community Affairs' ( "DCA ") responsibilities under Section 380.06, Florida Statutes and under City's Land Development Regulation by consolidating all previous amendments to the Development Order into a single document; and V17MREAS, Developer also intends to make certain minor amendments and corrections to the terms and conditions of the Development Order relating to off -site traffic improvements, which amendments are made necessary by previous revisions of the DRI Master Development Plan; and WHEREAS, the proposed amendments to the Development Order have been reviewed and approved by the'-Palm Beach County Engineer; and WEUEREAS, Developer has also asked; City Council simultaneously to adopt an amended Master Development Plan for PGA National which: establishes a revised schedule of non - residential land uses and changes the land use designation of Lot 2A of PGA National Commerce Park from "Light Industrial" to "Commercial ", and the land use designation of the City Fire Station Site from "Civic" to "Commercial "; and WHEREAS, the Planning and Zoning Commission has reviewed the Development Application and has recommended approval of the proposed amendments; and WHEREAS, the City Council has reviewed and considered the Development Application, the Proposed DRI Devel opment Ord r, 'the proposed Master Development / Ordinance 22, 1998 l/ Page 2 i PGA National Resort Communld+ DR1 Dcvclopmem Order Amendrn= Plan, the recommendation of the Planning and Zoning Commission, and such other information and testimony presented to it with regard to this Application; and W1WREAS, the City Council has held a public hearing on this matter and makes the following findings of fact and conclusions of law, based upon substantial, competent evidence: that these proposed amendments and additions to the PCD, Development Order and Master Development Plan are consistent with the Comprehensive Plan of the State of Florida; ® that these proposed amendments and additions to the PCD, Development Order and Master Development Plan do not unreasonably interfere with achievement of the objectives of the adopted Land Development Plan of the State of Florida; ® that these proposed amendments to the Development Order and the Master Development Plan do not, either individually or cumulatively, constitute "substantial deviations" from the terms of the Development Order, as provided in Section 380.06(19), Florida Statutes; and that therefore, this application does not require further development of regional impact review; and ® -- -that the amendment and additions to the PCD, Development -Order and the -- Master Development Plan are consistent %with the Comprehensive Plan and the Land Development Regulations of the Ciry of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AS FOLLOWS: SECTION 1. CONSOLIDATED, RESTATED AND AMENDED PCD and DRY DEVELOPMENT ORDER. A. Exhibit 1, dated December 1, 1998, is hereby adopted as the Consolidated, Restated and Amended Development Order for the PGA National Resort Community Development of Regional Impact, ,aass defined in Section 380.06, Florida Ordinance 22, 1998 %� _// Page 3 PGA National Resort Community DRI Development Order Amendment Statutes, and the Planned Community District. Said Development Order reflects the incorporation of outstanding provisions, the acknowledgment of satisfied provisions and the repeal of satisfied and/or inapplicable provisions. Henceforth, the Consolidated; Restated and Amended Development Order shall be used exclusively to apply the requirements of Section 380.06, Florida Statutes and the Comprehensive Plan and Land Development Regulations of the City of Palm Beach Gardens to PGA National. B. All Findings of Fact and Conclusions of Law which served as the legislative justification for the Development Order and all prior amendments thereto are hereby ratified and restated as if set forth in this place. All official actions taken in reliance on the Original Development Order and amendments thereto are hereby ratified and restated. C. The term `developer' utilized within this Development Order is intended to mean PGA National Ventures, Ltd, its successors and /or assigns, unless otherwise indicated. SECTION 2. . REVISED MASTER, DEVELOPMENT PLAN. A. The revised Master Development Plan contained in the City's Planning & Zoning Division files is adopted as the official Master Development Plan for PGA National Resort Community: September 23, 1998 PGA National Resort Community, Urban Design Studio, I Sheet. B . 1 he Master Development Plan is specifically revised to incorporate the following changes: (1) Adopt a new schedule of non - residential land uses, identified in the Table affixed to the Master Development Plan. (2) Change the land use designation of Lot 2A of PGA National Commerce Park from "Light Industrial" to "Commercial" to accommodate an expansion of the Devonshire Nursing Home. (3) Change the land use designation of the Fire Station Site from "Civic" to "Commercial". Ordinance 22, 1993 Page 4 PGA NRdOral Rcsart Commuairy DRI Development Order Amendmem SECTION 3. TRANSMITTAL TO FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, TREASURE COAST REGIONAL PLANNING COUNCIL, PALM BEACH COUNTY, AND PGA NATIONAL VENTURE, LTD. , Certified copies of this Development Order shall be transmitted immediately by certified mail to Florida Department of Community Affairs, the Treasure Coast Regional Planning Council, Palm Beach County, and PGA National Venture, Ltd. SECTION 4. REPEALER All Ordinances or Resolutions in conflict herewith are hereby repealed. SECTION 5. EFFECTIVE DATE'. This Ordinance shall become effective upon adoption. PLACED ON FIRST READING THIS 17th DAY OF December '1998. PLACED ON SECOND READING THIS % � DAY OF-5;&ZAWJ,4e—' PASSED AND ADOPTED THIS % DAY 0 i 1 R. RUSSO r- Ordinance 22, 1998 r . , 1999. 1 CARL SA13ATELLO Page 5 PGA National Resort Communiry DRf Development Order Amendmenc ATTEST: LINDA V. KOSIER, CMC, CITY CLERK i � r BY: J VOTE: APPROVED AS TO LEGAL FORM AND SUFFICIENCY. aQ CITY ATTORNEY : d m M ► - MAYOR RUSSO VICE MAYOR FURTADO COUNCII.1A?MBER JABLIN r COUNCILMEMBER CLARK COUNCILMEMBER SABATELLO Ordinance 22, 1998 Page 6 PGA National Resort Community DRI Development Order Amendment EXMIT 1. December 1, 1998 CONSOLIDATED, RESTATED AND AMENDED DEVELOPMENT ORDER FOR PGA NATIONAL RESORT COMAI LAITY DEVELOPMENT OF REGIONAL IMPACT .AND PLANNED COMMUNITY DISTRICT The following shall constitute the Development Order for PGA National Resort Community, a Development of Regional Impact and Planned Community District This Development Order consolidates and restates the outstanding terms of the following Resolutions of the City of Palm Beach Gardens, Florida (copies of which are attached hereto as bat__. _ ED. All terms and conditions of these resolutions which remain effective on this date shall remain in full force and effect, and are incorporated into this consolidated, restated and amended Development Order as provided below: Resolution 43, 1978 (August 31, 1978); Ordinance 34, 1978 (February 1, 1979); Resolution 69, 1980 (December 18, 1980); Resolution 36, 1984 (July 5, 1984); Resolution 36, 1985 (September 19, 1985); Resotution 37, 1985 (September 19, 1985); Resolution 14, 1986- (April .17,. 1.986); . _:._ .R.esolution. 33, 19 -86 _(July.17,. 1986); Resolution 109, 1987 (December 15, 1987); Resolution 106, 1994 (August 18, 1994); Resolution 107, 1994 (August 18, 1994); Resolution 30, 1997 (March 20, 1997) . CONDITIONS OF APPROVAL It is acknowledged that the terms and conditions summarized in 1 have been fulfilled and are considered completed and /or complied with. MASTER DEVELOPER The term `developer' utilized within this Development Order is intended to mean PGA National Ventures, Ltd, its successors and /or assigns, unless otherwise indicated. Ordinance 22, 1998 Page 7 PGA National Resort Community DRI Development Order Amendment 1. CPC LAND AND OTHER DEDICATIONS If City ever disposes of the fire station/public safety site for a non - public use, City will subject the site to the Declaration of Restrictions for PGA National Resort Community. 2. INTERNAL PATHWAYS. The proposed pedestrian and bicycle pathways shall connect the residential areas of the project with commercial, employment, and recreational centers to reduce the need for internal automobile trips. 3. ARCHEOLOGICAL STIES. In the event that an archeological site or sites are found by the planned archeological survey, proper protection to the satisfaction of the State of Florida, Division of Archives, History and Records Management (Division of Archives), shall be provided by the applicant. In the event of discovery of archeological artifacts during project construction, the applicant shall stop construction in that area and notify the Division of Archives. Proper protection, to the satisfaction of the Division of Archives, shall be provided by the applicant. 4. INTERSECTION IMPROVEMENTS The Developer shall provide the following intersection improvements: A. PGA Boulevard and Fairway Drive: 1 Left turn lane east a - roach' -- O PP - - -- 2 .. Right-turn lane west approach--- r, .. ,_..._. (3) Left turn lane and right turn lane south approach (4) Modify existing signalization; B. PGA Boulevard and Avenue of the Champions: (1) Left turn lane east approach (2) Right turn lane west approach (3) Left turn lane and right turn lane south approach (4) Contribute a pro rata share of the cost of installing signalization, when warranted by the County Engineer, based on the traffic volume split between PGA National and the adjacent property to the north. PGA National shall have the option of providing a cash contribution to the County Engineer of its pro rata share, Ordinance 22, 1998 Page 8 PGA Rational Resort Community DRI Development Order Amendment upon payment of which this requirement shall be entirely satisfied. C. PGA Boulevard and Ryder Cup Boulevard: (1) Left turn lane east approach. D. Northlake Boulevard and Hiatt Drive: (1) Left turn lane west approach (2) Left turn lane and right turn lane north approach (3) Upon the completion of every increment of additional development within PGA National Commerce Park which generates offsite traffic over and above the number of trips assigned to PGA National Commerce Park by the PGA National Traffic Study prepared by David Plummer & Associates, Inc. dated May 29, 1998 with revisions dated July 21, 1998, August 28, 1998, September 23, 1998 and November 10, 1998 , the applicant for site specific development consideration (site plan approval or site plan amendment) shall conduct a Traffic Signal Warrant Study for the intersection of Hiatt Drive and Northlake Boulevard. Installation of signalization at that intersection shall depend upon the outcome of that study, as determined by the County Engineer. Prior to certificate of occupancy, the signal shall be'installed by the developer of the site specific development. application which triggers the need for the signal; and -it shall be fully ...:..operational,.. . including: all appropriate. lane ge.ometry...m.(as..._determined -.by the - .County :_._:...... Engineer), pavement markings, signing, lighting, etc., as approved. E. Northlake Boulevard and Ryder Cup Boulevard: (1) Left turn lane west approach (2) Right turn lane east approach (3) Double left turn lane north approach (4) Right turn lane north approach (5) Install signal when warranted. IYA1 � lyt" Ordinance 22, 1998 Page 9 PGA National Resort Community DRI Development Order Amendment In addition, the Developer shall provide funding for the following highway network construction: (1) The one hundred twenty (120) foot wide right -of -way presently owned by Northern Palm Beach County Water Control District (NPBCWCD) and known as Ryder Cup Boulevard shall be reserved from Northlake Boulevard to PGA Boulevard as follows: (a) From Northlake Boulevard to Thornton Drive, one hundred twenty (120) feet shall be reserved to accommodate a maximum of four (4) through lanes and necessary tapers; (b) From Thornton Drive to Carrick Road, sixty (60) feet shall be reserved to accommodate a maximum of two (2) through lanes; (c) From Carrick Road to PGA Boulevard, one hundred twenty (120) feet shall be reserved to accommodate a maximum of four (4) through lanes and necessary tapers. (2) In addition, from Thornton Drive to Carrick Road, the remaining sixty (60) feet of right --of -way currently owned by NPBCWCD shall be reserved - -and :restricted.to such-uses-as public utilities, open spare.,._ drainage,- pathways,.:pub cxecreation and landscaping. NPBCWCD shall record a restrictive covenant in the public records of Palm Beach County limiting use of the property as indicated. (3) NPBCWCD, or its successors in interest, shall convey the right - of-way required to be reserved by Condition 5A(1), above, to Palm Beach County ( "County") without compensation for a future extension of Jog Road at such time as all of the following conditions precedent have been satisfied: (a) CONTINUUY., With addition of the Ryder Cup Boulevard link through PGA National, Jog Road shall be fully constructed and continuous between Okeechobee Boulevard and its terminus at Donald Ross Road; and (b) CONNECTIVITY. The Ryder Cup Boulevard link within Ordinance 22, 1998 Page 10 PGA National Resort Community DRI Development Order Amendment PGA National shall connect to other fully constructed links of Jog Road both North and South of PGA National. "Fully constructed" shall mean a public roadway has been built to the maximum laneage proposed by County's Thoroughfare Plan, is open to traffic, and maintenance of which has been formally accepted by the Board of County Commissioners. "Connect" shall mean either that: (1) access to the fully constructed roadway links is directly aligned and contiguous; or (2) the fully constructed roadway links forming a continuous north -south network for Jog Road lie not more than one quarter (0.25) miles from both the northern and the southern termini of Ryder Cup Boulevard. (c) TIMELINESS, NECESSITY AND APPROPRIATENESS. Upon the occurrence of both events indicated in Subsections 5.A.(3)(a) and (b), above, the Board of County Commissioners may request conveyance of the right -of -way according to the following procedures and considerations: [1] The County Department of Engineering and Public Works ( "County Engineer ") shall first in writing notify NPBCWCD, the City of Palm Beach Gardens ( "City") and the PGA National Property Owners Association, Inc. ( "PGA National POA ") that it will recommend to the; Board of County Commissioners that the Board request conveyance of the right -of -way to County. [2] Within sixty (60) days of receipt of the County Engineer's notice, City may advertise and hold a public hearing at which County's notification will be discussed. County-may be invited to participate in the discussion. Upon - consideration of the - information- presented by County and other relevant informatimns.which may be presented at the public hearing, the City may issue an advisory opinion to County regarding the necessity for the conveyance. If City fails to hold a public hearing within the 60 day period, this condition shall be deemed to have been satisfied. [3] At any time after sixty (60) days from the County Engineer's initial notice of intent to recommend acquisition of the right -of -way, or after receipt of City's advisory opinion, whichever shall first occur, the Board of County Commissioners shall hold at least one (1) public hearing at which it shall consider the County Engineer's recommendation. Such hearing may, at County's discretion, be incorporated into County's regularly scheduled review of its Thoroughfare Plan or its Five Year Road Program. It is the intent of this Development Order, however, to ensure the widest possible notice to all affected parties. Written notice of such hearing shall therefore be provided to NPBCWCD, to City, and to PGA National POA at least thirty (30) days Ordinance 22, 1998 Page 11 PGA National Resort Community DRI Development Order Amendment prior to the hearing. Notice of the hearing shall also be provided to the residents of PGA National by publication of notice in a newspaper of general circulation, as required by law for a public hearing. Minor technical errors in receipt or delivery of special notice shall not affect the appropriateness of the Board of County's Commissioners' decision. The hearing shall be held between the period from November 1 to March 30; and [4] At its public hearing, the Board of County Commissioners shall not be precluded from considering any relevant information or testimony which may be presented to it regarding the timeliness, necessity or appropriateness of acquiring the right -of -way. The Board shall to the greatest extent possible rely upon objective, verifiable information (such as traffic analyses) that demonstrates that County acquisition of the right -of -way is timely, necessary and appropriate in order to promote and enhance public health, safety and welfare. In making this determination, the Board of County Commissioners should strongly consider whether or not the roadway system within the Radius of Development Influence of PGA National operates at or above its designated level of service. As a particular indicator that acquisition of the right -of -way is not timely, necessary or appropriate, the Board of County Commissioners should consider whether or not the fully constructed links of [a] Military Trail between PGA Boulevard and Northlake Boulevard and [b] Beeline Highway south of Northlake Boulevard have actually deteriorated below the adopted level of service for at least the two (2) consecutive, regularly scheduled traffic count periods immediately preceding the Board of County Commissioners' hearing. The level of service shall be based upon the standards and procedures in force at -the time of the hearing. If the roadway system, and. the particular links identified above are operating at or above the adopted levels of service, the Board of County Commissioners should strongly consider that acquisition of the right -of -way is not timely, necessary or appropriate. (d) Prior to conveyance, Palm Beach County shall agree to accept a deed of conveyance for the right -of -way from NPBCWCD which shall include a deed restriction or covenant that would be binding upon the parties, their successors and assigns and would limit in perpetuity construction of the roadway by the County to a maximum of two (2) through lanes from Thornton Drive to Carrick Road. The deed restriction shall not prohibit construction of greater laneage provided that the expanded roadway is approved by the PGA National Property Owners Association, Inc. (e) County shall have no ability or authority to require conveyance of the right -of -way until such time as all conditions precedent identified in Ordinance 22, 1998 Page 12 PGA National Resort Community DRI Development Order Amendment Condition 5.A.(3)(a) through (d), above, are satisfied. 6. POTABLE WATER CONSERVATION MEASURES, The Developer shall enforce the use of water saving fixtures throughout the development, as this measure could reduce potable water and wastewater loads generated by the project by 26 % 7. WATER QUALITY MONITORING. A water quality monitoring project acceptable to Department of Environmental Protection and South Florida Water Management District shall be implemented by the Developer, with specific measurement for pesticide, herbicide, fungicide and nutrient used on the project site. Results shall by regularly submitted to DER and SFWMD. Should these results indicate degradation of waters discharged from the site, the Developer shall take immediate remedial action. 8. SURFACE WATER MANAGEMENT. Surface water management permit shall not be attained at the expense of reducing either the quantity or quality of the presently proposed marsh areas. 9. ENERGY CONSERVATION MF,ASUM. The Developer shall enforce the energy conservation measures identified on pages 25 -3 and 25-4 of the PGA /ADA (attached hereto as J►/ t1 VARA 1 JI A. The development shall be limited to a maximum of 5237 residential dwelling units. All references to a greater maximum number of residential dwelling units contained in the Application for Development Approval, its supporting documents and studies, plans describing the development and past resolutions of the City of Palm Beach Gardens are hereby modified to reflect this new maximum. B. In revising the master plan of development, Developer shall not increase the residential densities of any development parcel above those shown on. the current approved master plan without the express approval of the City Council. 11. BUILD OUT DATE. The build -out date of the PGA National Resort Community is August 29, 2003. Ordinance 22, 1998 Page 13 PGA National Resort Community DRI Development Order Amendment 12. DR.1 DEVELOPMENT ORDER This Ordinance shall constitute the Development Order of this City Council issued in response to Notice of Proposed Change filed by PGA National Venture, Ltd. 13. DEFT MONS. The definitions found in Chapter 380, Florida Statutes, shall apply to this Development Order. 14. INCORPORATION BY REFERENCE The following are hereby incorporated by reference and made a part of this Development Order: A. The Application for Development Approval submitted by Florida Realty Building Company to the City of Palm Beach Gardens on or about May 24, 1978. B. Supplementary, amendatory and informational material submitted by the Developer during the review process on or about June 6 and June 12, 1978, to the Treasure Coast Regional Planning Council; on June 9, 1978 to South Florida Water Management District; supplemental data, PGA Transportation Analysis, dated June 8, 1978; exhibit from Kimley -Horn entitled "Comparison of Year 2000, APB Volumes and estimated PGA Project at "Buildout ", total volumes submitted to Treasure Coast Regional Planning Council on June 13, 1978; application information, Surface Water Management Permit, PGA Resort Community, Palm Beach County and dated June 7, 1978, revised on July 25, 1978, and submitted to Treasure Coast Regional Planning Council on July 26, 1978, together with answers to questions submitted by Treasure Coast Regional Planning Council to Florida Realty Building Company, submitted to Treasure Coast Regional Planning Council on June 6, 1978 and on June 12, 1978, respectively; 4, 12, 13, 14, 15, 19, 20, 21, 22, 231 241 25, 26, 27, 30, and 31; and 13, 14, 15, 20, 22, and 24. 15. EFFECT ON SUCCESSORS. This Development Order shall be binding upon the Developer and its heirs, assignees, or successors in interest. It is understood that any reference herein to any governmental agency shall be construed to mean any future instrumentality which may be created and designated as successor in interest to, or which otherwise possesses any of the powers and duties of any referenced governmental agency in existence on the effective date of this Development Order. 16. SEVERA.BILUY. In the event any portion or section of this Development Order is determined to be invalid, illegal or unconstitutional by a court of competent Ordinance 22, 1998 Page 14 PGA National Resort Community DRI Development Order Amendment jurisdiction, such decision shall in no .manner affect the remaining portion or sections of this Development Order, which shall remain in full force and effect. 17. CONDMONA.L APPROVAL. The approval granted by this Development Order is conditional. Such approval shall not be construed to obviate the duty of the Developer to comply with all other applicable local or state permitting procedures. 18. SUBSTANTIAL DEVLA' IONS. Subsequent requests for development permits shall not require further review pursuant to Section 380.06, Florida Statutes, unless it is found by the City Council, after due notice and hearing, that one or more of the following is present: A. A substantial deviation from the terms or conditions of this Development Order, or other changes to the approved development plans which create a reasonable likelihood of adverse regional impacts or other regional impacts which were not evaluated in the review by Treasure Coast Regional Planning Council, or B. An expiration of the period of effectiveness of this Development Order as provided herein, or C. Substantial deviation shall be as defined in Chapter 380.,06, Florida Statutes. Upon a finding that any of the above is present, the City. Council may order a termination of all development activity until such time as the Developer shall remedy the substantial deviation. 19. EFFECTIVE PERIOD; COMMENCEMENT OF DEVELOPMENT This Development Order shall remain in effect until August 29, 2003, provided that this effective period may be extended by this City Council upon a finding of excusable delay in any proposed development activity and that conditions have not changed sufficiently to warrant further consideration of the development. 20. PLATS • Prior to October 1, 1999, the Developer shall submit a plat to the City of Palm Beach Gardens covering the unplatted portion of golf courses within PGA National. Surety adequate to complete and record the Plat to the satisfaction of the City Engineer shall be provided to the City. Ordinance 22, 1998 Page 15 PGA National Resort Community DRI Development Order Amendment 21. ANNUAL REPORTS During the period of effectiveness of this Development Order, the Developer shall annually provide the City of Palm Beach Gardens, the County of Palm Beach, the Treasure Coast Regional Planning Council, and the Division of State Planning with a viritten summary of completed construction and a schedule of proposed construction over.- the remaining life of the Development Order. 22. ANNUAL MEETING INITH CLU .MANAGER. The Developer shall, annually from the date of this Order, meet with the City Manager and any other governmental agency so designated by the City Council. for the purpose of informing the City of the present status and updated growth projections of the development. The City Manager may, from time to time, require such other project information that may be necessary to conduct the administrative fiscal affairs of the City. 23. EFFECTIVE DATE, This Amended, Restated Development Order shall become effective upon adoption. 24. TRANSNM TAL OF APPROVED DEVELOPW —M ORDER. Certified copies of this Development Order shall be transmitted immediately by certified mail to Florida Department of Community Affairs, the Treasure Coast Regional Planning Council, Palm Beach County, and PGA_ National Venture, Ltd. 25. LEGAL, DESCRHUON OF THE PROPERTY, This Development Order shall apply to the real property described in IM attached hereto as if set forth in this place. [Remainder of Page Intentionally Left Blank] Ordinance 22, 1998 Page 16 PGA National Resort Community DRI Development Order Amendment EXHIBIT 1 -A ORIGINAL DRI DEVELOPMENT ORDER AND AMENDMENTS Resolution 43, 1978 (August 31, 1978); Resolution 69, 1980 (December 18, 1980); Resolution 36, 1984 (July 5, 1984); Resolution 36, 1985 (September 19, 1985); Resolution 37, 1985 (September 19, 1985); Resolution 14, 1986 (April 17, 1986); Resolution 33, 1986 (July 17, 1986); Resolution 109, 1987 (December 15, 1987); Resolution 106, 1994 (August 18, 1994); Resolution 107, 1994 (August 18, 1994); and Resolution 30, 1997 (March 20, 1997) PCD APPROVAL Ordinance 34, 1978 Ordinance 22, 1999 Exhibits - Page i August 30, 1999 ORDINANCE 42, 1999 AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AMENDMENT OF ORDINANCE 22, 1998, THE CONSOLIDATED. AND RESTATED DEVELOPMENT ORDER FOR THE PGA NATIONAL RESORT COMMUNITY A DEVELOPMENT OF REGIONAL IMPACT, BY AMENDING THE MASTER DEVELOPMENT PLAN TO REVISE THE SCHEDULE OF USES TO CONVERT APPROVED INDUSTRIAL AND WAREHOUSE USE TO OFFICE AND HOTEL USE; PROVIDING FOR IMMEDIATE TRANSMITTAL OF THIS ORDINANCE TO THE FLORIDA DEPARTMENT OF COMQVIUNITY AFFAIRS, TREASURE COAST REGIONAL PLANNING COUNCIL, PALM BEACH COUNTY AND PGA NATIONAL VENTURE, LTD.; PROVIDING FOR REPEAL OF ORDINANCES AND RESOLUTIONS IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on January 7, 1999, the City Council of the City of Palm Beach Gardens, Florida ( "City Council ") adopted Ordinance 22, 1998, a consolidated and restated Development Order for the PGA National Resort Community ( "PGA National "), a Development of Regional Impact ( "DRI "), as that term is defined in Section 380.06, Florida Statutes; and WHEREAS, the City Council has received an application from PGA National Venture, Ltd., a Florida Limited Partnership ( "Developer ") to amend the Master Development Plan; and WHEREAS, the Planning and Zoning Commission has reviewed the Development Application and has recommended approval of the proposed amendments; and WHEREAS, the City Council has reviewed and considered the proposed Master Development Plan amendment, the recommendation of the Planning and Zoning Commission, and such other information and testimony presented to it with regard to this Application; and WHEREAS, the City Council has held a public hearing on this matter and makes the following findings of fact and conclusions of law, based upon substantial, competent evidence: that these proposed amendments to the Master Development Plan are consistent with the Comprehensive Plan of the State of Florida; • that these proposed amendments to the Master Development Plan do not unreasonably interfere with achievement of the objectives of the adopted Land Development Plan of the State of Florida; ® that these proposed amendments to the Master Development Plan do not constitute "substantial deviations" from the terms of the Development Order, as provided in Section 380.06(19), Florida Statutes; and that therefor�,:this a�Dl�catip yes,fnp .equire further Beach Gardens do hereby certify that TiNs is a tfue COM, Ordinance 42, 1999 as taken from the Official records of the CITY n+ Beach Gardens.: Page 1 ity Clerk, Oepufy Oerk PGA National Resort Community DR[ Development Order Amendment development of regional impact review; and ® that the amendments to the Master Development Plan are consistent with the Comprehensive Plan and the Land Development Regulations of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AS FOLLOWS: Section 1. A. The revised Master Development Plan contained in the City's Planning & Zoning Division files is adopted as the official Master Development Plan for PGA National Resort Community: June 17, 1999 PGA National Resort Community, Urban Design Studio, 1 Sheet. B. The Master Development Plan is specifically revised to adopt a new schedule of non - residential land uses, identified in the Table affixed to the Master Development Plan which simultaneously decreases light industrial (78,296 s.f.) and warehouse (70,318 s.f.) uses and increases office (21,118 s.f.) and hotel (70 rooms) uses; and is revised to depict the NPBCID use in terms of acreage rather than square feet. Section 2. Certified copies of this Development Order shall be transmitted immediately by certified mail to Florida Department of Community Affairs, the Treasure Coast Regional Planning Council, Palm Beach County, and PGA National Venture, )std. Section 3. All Ordinances or Resolutions in conflict herewith are hereby repealed. Section 4. This Ordinance shall become effective upon adoption. PLACED ON FIRST READING THIS 16th y/1 DAY OF September, 1999. PLACED ON SECOND READING THIS DAY OF �i� , 1999. PASSED AND ADOPTED THIS Z DAY OF , 1999. Clerk of the City rf Palm Beach Gardens do hereby certify that tihis Is a true L,'py as taken from the official records of the City of Palm Beach Gardens. ,- Ordinance 42, 1999 Page 2 /r' y Clerk, Deputv Clerk PGA National Resort Community DRI Development Order Amendment ATTEST: LINDA V. KOSIER, CMC, CITY CLERK - L BY: i VOTE: r T COUN L Cl LIN 4 COUNCILMAN DAVID CLARK COUNCILMAN CAJkL, SABATELLO APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY AYE NAY ABSENT MAYOR RUSSO f VICE MAYOR FURTADO r COUNCILMEMBER JABLIN COUNCILMEMBER CLARK COUNCILMEMBER SABATELLO c`er% of the city of Pawn a t`ue COPY tYtat tihis Is certitY CiN at ? ylnt the. G:\Long Range \pgadri. ord42. wpd '� a �t Gardens QO ner t Icial recorbs of from the .f Ordinance 42, 1999 t0en geacn Gardens• ^ � 655t, ,. C1erK / City Clerk.. Page 3 PGA National Resort Community DRI NOTICE OF PROPOSED CHANGE Palm Beach Gardens, Florida Prepai-edfor -- National Investment Company, a Florida Corporation, as Managing Partner of PGA National Venture, Ltd., a Florida Limited Partnership, Developer Prepared by.- Urban Design Studio 2000 Palm Beach. Lakes, Blvd. Suite 600 The Concourse West Palm Beach, Florida 33409 -6582 (561) 689 -0066 FAX (561) 689 -0551 Ii FORM RMP- BSP- PROPCHANGE -1 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT BUREAU OF LOCAL PLANNING 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 850/487 -4545 NOTIFICATION OF PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (DRI) SUBSECTION 380.06(19), FLORIDA STATUTES Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed change to a previously approved DRI be made to the local government, the regional planning agency, and the state land planning agency according to this form. 1. I, E. LLWYD ECCLESTONE, the undersigned authorized representative of NATIONAL INVESTMENT COMPANY, a Florida Corporation, the Managing. General Partner of PGA NATIONAL VENTURE, LTD., a Florida limited Partnership ( "Developer ") hereby give notice of a proposed change to a previously approved Development of Regional Impact in accordance with Subsection 380.06(19), Florida Statutes. In support thereof, I submit the following information concerning the PGA NATIONAL RESORT COMMUNITY DEVELOPMENT OF REGIONAL IWACT, which information is true and correct to the best of my knowledge. I have submitted today, under separate cover, copies of this completed notification to the CITY OF PALM BEACH GARDENS, FLORIDA, to the TREASURE COAST REGIONAL PLANNING COUNCIL, and to the BUREAU OF STATE PLANNING, FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS. February 14, 2003 E. Llwyd Ecclestone President and Chairman National Investment Company, a Florida Corporation, as Managing Partner of PGA National Venture, Ltd., a Florida Limited Partnership, Developer (Corporate Seal) C: %WIND0WS1Desktop\My BdefcaseWOPC 12th Amend 01- 2M3.wpd LCC35 Page I of ' 15 2. Applicant (name, address, phone). APPLICANT: National Investment Company ATTN: Nannette Gammon, Esq., General Counsel Post Office Box 3267 West Palm Beach, Florida 33402 Telephone: (561) 686 -2000 Fax: (561) 686 -5553 E -Mail: Nannetteg@ecclestone.com 3. Authorized Agents: (name, address, phone) John W. Gary, I1I, Esq. Gary, Dytrich & Ryan, P.A. 701 U.S. Highway 1, Suite 402 North Palm Beach, Florida 33408 -4514 Telephone: (561) 844 -3700 Fax: (561) 844 -2388 E -Mail: jwp,@gdr- law.com Frank S. Palen, Esq. Palen & Hochberg, P.A. 215 North Olive Avenue, Suite 118 West Palm Beach, Florida 33401 Telephone: (561) 653 -0100 Fax: (561) 653 -0153 E -Mail: fsplawgbellsouth.net Dodi Buckmaster Glas, AICP Urban Design Studio 2000 Palm Beach Lakes Blvd., Suite 600 West Palm Beach, Florida 33409 Telephone: (561) 689 -0066 Fax: (561) 689 -0551 E -Mail: dialas@udsonline.com \\ UdAUDS _ SERVER _VOLI.UDS \COMMONVobs\PGA NationahResort Core esortH etE WAPC 12th Amend 01- 28 -03.wpd LCC35 age oi' 4. Location (City, Section/Township/Range) of approved DRI and proposed change. City: City of Palm Beach Gardens, Florida S/T/R: Land in Sections 8, 9, 10, 15 and 16, Township 42 South, Range 42 East Palm Beach County, Florida 5. Provide a complete description of the proposed change. Include any proposed changes to the plan of development, phasing, additional lands, commencement date, build -out date, development order conditions and requirements, or to the representations contained in either the development order or the Application for Development Approval. Indicate such changes on the project master site plan, supplementing with other detailed maps, as appropriate. Additional information may be requested by the Department or any reviewing agency to clarify the nature of the change or the resulting impacts. DEVELOPER'S PROPOSAL The Developer proposes to amend the DRI Development Order (attached as Exhibit 1) to extend the build -out date and termination date by two additional years to August 29, 2005. The total time extension of this DRI is less than 7 years. Please note that through the adoption of City of Palm Beach Gardens Resolution 106, 1994, the build -out date and termination date was extended from 1998 to August 29, 2003. 6. Complete the attached Substantial Deviation Determination Chart for all land use types approved in the development. If no change is proposed or has occurred, indicate no change. SEE ATTACHED EXHIBIT 3 Please note no change except for the build -out date is proposed in this NOPC. \ \Uds \UDS SERVER_VOLI.UDS \COMMONUobs\PGA NauonahResort Core esortH4(effix PC 12th Amend 01- 28- 03.wpd LCC35 — age 3 oI 1 7. List all dates and resolution numbers (or other appropriate identification numbers) of all modifications or amendments to the originally approved DRI development order that have been adopted by the local government, and provide a brief description of the previous changes (i.e., any information not already addressed in the Substantial Deviation Chart). Has there been a change in local government jurisdiction for any portion of the development since the last approval or development order was issued? If so, has the annexing local government adopted a new DRI development order for the project? There has been no change in the local government jurisdiction for any portion of the development. HISTORY OF AMENDMENTS OF THE DRI DEVELOPMENT ORDER Original DRI Development Order: City of Palm Beach Gardens Resolution 43, 1978 (August 31, 1978) 2. First Amendment to the Original Development Order: City of Palm Beach Gardens Resolution 69, 1980 (December 18, 1980) A. Substitutes a revised master plan with reconfiguration of sites without affecting approved density or land use intensities. B. Permits a credit against the DRI's required 20 acre recreation site for certain recreation areas in the Marlwood Subdivision. 3. Second Amendment to the Original Development Order: City of Palm Beach Gardens Resolution 38, 1984 (January 30, 1984): A. Revises maximum parcel densities in south half of DRI without affecting overall density or land use intensity. B. Changes phasing plan for south portion of DRl. C. Revises layout for 4th golf course. \\ UdsVUDS_ SERVER_VOL7.UDS \COMh40NUobs\PGA NationaMmort Core�$ esonHo IOE \ PC 12th Amend 01- 28- 03.wpd LCC35 Yage o'er 4. Third Amendment to the Original Development Order: A. City of Palm Beach Gardens Resolutions 36, 1985 (September 19, 1985): (1) Amends Condition 3 of DRI DO regarding contribution of land and cash to construct a police, fire and emergency rescue station on a 1 acre site at the northeast corner of the development. (2) Revises Condition 14 of the DRI DO. Provides for developer construction of a 36 acre community park in lieu of a contribution to the city of two undeveloped civic sites. In addition, the developer is to provide 32 acres of neighborhood active recreation, including a 4 acre credit within the 36 acre community park. 2.5 acres are to be given to Northern Palm Beach County Water Control District. (3) Provides for internal access from the Development to the office park. B. City of Palm Beach Gardens Resolution 37, 1985 (September 19, 1985): Adopts a Master Plan consistent with Resolution 36, 1985, above. Fourth Amendment to the Original Development Order: City of Palm Beach Gardens Resolution 14, 1986 (April 17, 1986): Adopts a new Master Plan, closing access points at Beeline Highway (SR 710) and Coventry Lane, Dunbar Road and PGA Boulevard, and Medalist Avenue at PGA Boulevard. Eliminates internal access to industrial parcel. 6. Fifth Amendment to the Original Development Order: City of Palm Beach Gardens Resolution 33, 1986 (July 17, 1986): Amends Master Plan to delete reference to PGA Hall of Fame. 7. Sixth Amendment to the Original Development Order: City of Palm Beach Gardens Resolution 109, 1987 (December 17, 1987): Amends Master Plan to redesignate Lot 1 of PGA National Commerce Park from "Light Industrial" to "Commercial." \\ UdsW DS _SERVER_VOL].UDS \COMMONUobs\PGA Nationai\Re ort CorePmort J ]Ex 1 pC 12th Amend 01.28- 03.wpd LCC35 Y Seventh Amendment to the oriyinal Development Order: City of Palm Beach Gardens Resolution 106, 1994 (August 18, 1994): Amends Conditions 8 & 9 dealing with build -out dates for DRI; extends overall build -out date from 1998 to August 29, 2003. 9. Eighth Amendment to the original Development Order: City of Palm Beach Gardens Resolution 107, 1994 (August 18, 1994): A. Revises conditions dealing with surrender of Ryder Cup Boulevard to County to be incorporated into Jog Road, a regional thoroughfare. B. Reduces overall project density from 6,900 units to 5,400 units. C. Provides for a revised master plan reallocating remaining units to identifiable parcels. 10. Ninth Amendment to original Development Order: City of Palm Beach Gardens Resolution 30, 1997 (March 20, 1997): A. Reduces project density from 5,400 units to 5,237 units. B. Adopts a new master plan with 5,237 units assigned to specific parcels. 11. Tenth Amendment to original Development Order (See Exhibit 1): City of Palm Beach Gardens Ordinance 22, 1998 (January 7, 1999): A. Adopts a revised master plan that makes two minor changes in land use designations (e.g., fire station site and I lot in PGA Commerce National Park redesignated for "commercial" uses; "nursing home" land use added) and conforms non - residential development intensities to projects actually built since 1978 or expected to be built in the future. B. Adopts a revised DRI Traffic Study that establishes the remaining "uncommitted" non - residential intensities in each approved land use category, establishing a "pool" of intensity that can be used in the future to reallocate land uses among existing, approved categories. C. Amends the DRI Development Order Conditions of Approval in several minor ways (e.g., subject fire station site to PUD Declaration if it is ever disposed of for commercial purposes; confirm satisfaction of off -site traffic WdsWDS SERVER_VOLI.UDS\COMMONVobs\PGA NationaMesort CorepesortHo IEn PC 12th Amend 01.28- 03.wpd LCC35 - age O oI 1 improvements; contribute pro rata to signalization of intersection of PGA Boulevard & Avenue of Champions; clarify need for signalization at intersection ofNorthlake Boulevard & Hiatt Drive; plat golf course parcel by 10/1/99). 12. Eleventh Amendment to original Development Order (see Exhibit 2) City of Palm Beach Gardens Ordinance 42, 1999 (October 7, 1999): A. Adopts a revised master plan (dated 6/17/99) that made certain simultaneous increases and decreases in non- residential land uses. These changes were within and below the previously reduced levels of land use intensity established by the 10th Amendment to the DRI DO, as follows: (1) Increased "Resort Hotel" intensity from 350 to 420 rooms ( +70 rooms); (2) Increased "Office" intensity from 581,710 square feet to 602,890 square feet ( +21,180 s.f.); (3) Decreases "Light Industrial" intensity from 229,796 square feet to 155,500 square feet (- 74,296 s.f.); (4) Decreases "Warehouse" intensity from 181,535 square feet to 111,217 square feet (- 70,035 s.f.); and (5) Change the land use intensity designation of the site dedicated to Northern Palm Beach County Improvement District ( NPBCID) from "12,250 square feet" to "2.5 acres." NPBCID is a public agency. The DRI was required to dedicate land for NPBCID's operations by Condition 14 of the Original DRI DO (Resolution 43, 1978, 8/31/78). This change did not affect the actual use of NPBCID's use of the land for public purposes. The change merely clarified the original intent not to limit NPBCID to a specific amount of buildable area on its site. 8. Describe any lands purchased or optioned within % mile of the original DRI site subsequent to the original approval or issuance of the DRI development order. Identify such land, its size, intended use, and adjacent non - project land uses within %Z mile on a project master site plan or other map. The Developer has not purchased or optioned land within %4 mile of the original DRI site subsequent to the original approval or issuance of the DRI development order. \ \Uds \UDS SERVER_VOLI.UDS\ COMMONVobs\PGA Nationa]\Resort Core t / OxpagW}OPC]2th Amend01- 28- 03.wpd Page g I 1 9. Indicate if the proposed change is less that 40% (cumulatively with other previous changes) of any of the criteria listed in Paragraph 380.06(19)(b), Florida Statutes. N/A Do you believe this notification of change proposes a change which meets the criteria of subparagraph 380.06(19)(e)2, F.S. ? Yes No x The proposed change extends the build -out (and termination) date of the DRI by two additional years to August 29, 2005. The total time extension of this DRI is less than 7 years. DISCUSSION OF SUBSTANTIAL DEVIATION CRITERIA ( §380.06[19], F.S.) The proposed changes in the DRI Development!Order and Master Plan trigger the provisions of §380.06(19)(c)5.c, F.S., the changes are not presumed to create a substantial deviation for the following reasons: PGA National is almost entirely built out and all of its regional impacts have been previously reviewed and addressed. The remaining development can not be completed by August 29, 2003. 2. A previous time extension filed in 1994 never anticipated the sale of all the MacArthur Foundation land holdings in the area, thus releasing hundreds of acres of developable land into the marketplace. This impact resulted in a moratorium in development being issued by the City of Palm Beach Gardens and a back log in the development process. All of this unexpected activity continues to impact the city's residents and the development community. 3. The DRI has and will continue to meet its obligations under its Development Order. 4. The regional impact of PGA National has been substantially reduced because of substantial decreases in DRI's residential density pursuant to Resolution 107, 1994 (eighth'amendment) which reduced density from 6,900 units to 5,400 units and Resolution 9,1997 (ninth amendment) which further reduced units to 5,237. W dALIDS _SERVER_VOLI.UDS \COMMONVobs\PGA NationaMesort Core)MI IW1EEyan,TPC 12th Amend 01- 28- 03.wpd LCC35 1' b 1 1 5. An updated traffic analysis for the DRI was reviewed in conjunction with the consolidated Development Order created with Ordinance 22, 1998. As a part of that analysis, the DRI actually released trips back into the system. 6. Additional time provides for an opportunity to bring more thoughtful and appropriate closure to the final development of the DRI . 10. Does the proposed change result in a change to the build -out date or any phasing date of the project? If so, indicate the proposed new build -out or phasing dates. The proposed change will extend the build -out and termination date by two additional years to August 29, 2005. 11. Will the proposed change require an amendment to the local government comprehensive plan? The proposed change is consistent with and will not require amendment of the Comprehensive Plan of the City of Palm Beach Gardens, Florida. Provide the following for incorporation into such an amended development order, pursuant to Subsections 380.06(15), F.S., and J- 2.025, Florida Administrative Code: 12. An updated master site plan or other map of the development portraying and distinguishing the proposed changes from the previously approved DRI or development order conditions. The DRI Master Plan is not being amended. There are no changes in the physical plan of development of the DRI. The current DRI Master Plan (dated 6/17/99) is attached as Exhibit 4. 13. Pursuant to Subsection 380.06(19)(f), F.S., include the precise language that is being proposed to be deleted or added.as an amendment to the development, order. This language should assess and quantify: \\ Uds\ UDS_ SERVER _VOLLUMCOMMONVobs\PGA NationahRmort Core�$ esortH IE PC 12th Amend 01- 28- 03.wpd LCC35 Yage oi'�`l° en a. All proposed specific changes to the nature phasing, and build -out date of the development; to the development order conditions and requirements; to commitments and representations in the Application for Development Approval; to the acreage attributable to each described proposed change of land use, open space, areas for preservation, green belts; to structures or to other improvements including locations, square footage, number of units; and other major characteristics or components of the proposed change; See below b. An updated legal description of the property, if any project acreage is/has been added or deleted to the previously approved plan of development. N/A C. A proposed amended development order deadline for commencing physical development of the proposed changes, if applicable. N/A d. A proposed amended development order termination date that reasonably reflects the time required to complete the development; See below e. A proposed amended development order date until which the local government agrees that changes to the DRI shall not be subject to down - zoning, unit density reduction, or intensity reduction, if applicable; and See below \\ UdAUDS _ SERVER _VOLI.UDS \COMMONVobs\PGA NationaNtmn CorelltamoretHptplEOxpan\IJQPC 12th Amend O1- 28- 03.wpd LCC35 i 8 1 V I 1 j J J f. Proposed amended development order specifications for the annual report, including the date of submission, contents, and parties to whom the report is submitted as specified in Subsection 9J- 2.025(7), F.A.C. M The following two changes in the DRI Development Order (Ord. 22, 1998, as amended by Ord. 42, 1999) are proposed. All other conditions of approval remain unchanged: A. Exhibit 1, Section 11 (Build -Out Date) and Section 19 (Termination Date) of DRI Development Order, is amended to extend the build -out and termination date of the DRI from August 29, 2003 to August 29, 2005, an increase of two (2) years, as follows "EXHIBIT 1. CONSOLIDATED, RESTATED AND AMENDED DEVELOPMENT ORDER FOR PGA NATIONAL RESORT COMMUNITY DEVELOPMENT OF REGIONAL IMPACT AND PLANNED COMMUNITY DISTRICT. 11. BUILD OUT DATE. The build -out date of the PGA National Resort Community is August 29, August 29, 2005. 19. EFFECTIVE PERIOD; COMMENCEMENT OF DEVELOPMENT. This Development Order shall remain in effect until August 29, August 29, 2005, provided that this effective period may be extended by this City Council upon a finding of excusable delay in any proposed development activity and that the conditions have not changed sufficiently to warrant further consideration of the development." * * * * * * * * * * ** LIST OF EXI HITS EXHIBIT 1 PGA NATIONAL RESORT COMMUNITY DRI DEVELOPMENT ORDER (Ord. 22, 1998, 1/7/99 - Tenth Amendment). EXHIBIT 2 PGA NATIONAL RESORT COMMUNITY DRI DEVELOPMENT ORDER (Ord. 42, 1999 - Eleventh Amendment) EXHIBIT 3 SUBSTANTIAL DEVIATION DETERMINATION CHART. EXHIBIT 4 APPROVED DRI MASTER PLAN (June 17, 1999). LCC35DS _ SERVER _VOLI.UDS \COMMONVobsWGA NationalViesort Core,.V2aeirt}I TEOpan\p]QPC 12th Amend 01- 28- 03.wpd EXHIBIT 1. PGA NATIONAL RESORT COMMUNITY DRI DEVELOPMENT ORDER (Ord. 22,1998,1/7/99) \\ &WDS SERVER VOLI.UDS \COMMON\lobs\PGA National\Re ort CorVtgsor0f lExgan�j1QPC 12th Amend 01- 28- 03.wpd LCC35 — — Yage 1 L oI 1 J EXHIBIT 2. PGA NATIONAL RESORT COMMUNITY DRI DEVELOPMENT ORDER (Ord. 42) \\ Uds\ UDS _SERVER_VOLI.UDS \COMMONUobs\PGA National\Re ort Cor eso lEx PC 12th Ammd 01- 2 "3.wpd LCC35 age P�3 o`�T3 EXHIBIT 3. SUBSTANTIAL DEVIATION DETERMINATION CHART \\ Uds\.UDSSERVER _VOLI.UDS\COMMONUobs\PGA NationaRResort Cor eso tlEz ` ` PC 12th Amend 01- 2"3.wpd LCC35 age P�4 0�'� EXHIBIT 4. APPROVED DRI MASTER PLAN (June 17,-1999) \\UdsWDS SERVER VOL] UDS \COMMON'Jobs\PGA National\Resort Cor ao�t�Qt Ex PC 12th Amend 01- 28- 03.wpd LCC35 age t g OI Zoning: PCD FLOP: RL Zoning: PCD FLOP: RL CD TWP 42 NORTH 'GA Nat'l NOPC h SEC ;a m Beach Gardens, FL - Scale: NTS -'" OF p8e 8 LIDS Job #: 80- 000.60 2003 Trial Map 'PLANNING C5 Date: 02.18.03 \P� ZONING - A/1S1On NOTICE OF PUBLIC HEARING CITY OF PALM BEACH GARDENS, FLORIDA PLEASE TAKE NOTICE AND BE ADVISED that the Planning and Zoning Commission of the City of Palm Beach Gardens, Florida, will hold a Public Hearing on Tuesday, May 13, 2003 at 6:30 p.m., or as soon thereafter as can be heard, in the Council Chambers at the Municipal Complex, 10500 North Military Trail, Palm Beach Gardens, Florida, to consider the following petition: Petition DRI /NOPC- 03 -02: PGA National Time Extension A request by Urban Design Studio, to amend the Development Order of the PGA National Development of Regional Impact (DRI) by extending the build -out date from August 29, 2003 to August 29, 2005. The petitioner is requesting a Notice of Proposed Change (NOPC) for a two -year time extension. The PGA National DRI is located on the south side of PGA Boulevard, east of the Turnpike, north of Northlake Boulevard and west of the C -18 Canal. 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 Office, no later than five 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 Planning and Zoning Commission, Local Planning Agency, Board of Zoning Appeals or Land Development Regulations Commission with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings; and for such, 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. PUBLISH: Saturday, May 3, 2003 NEWSPAPER: PALM BEACH POST Date Prepared: May 25, 2003 Ordinance 18, 2003 1 ORDINANCE 18, 2003 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH 4 GARDENS, FLORIDA APPROVING AN AMENDMENT TO ORDINANCE 22, 5 1998, THE CONSOLIDATED AND AMENDED DEVELOPMENT ORDER 6 FOR PGA NATIONAL DEVELOPMENT OF REGIONAL IMPACT (DRI) AND 7 PLANNED COMMUNITY DISTRICT (PCD) BY EXTENDING THE BUILD - 8 OUT DATE BY TWO YEARS FROM AUGUST 29, 2003 TO AUGUST 29, 9 2005; AUTHORIZING THE CITY CLERK TO TRANSMIT COPIES OF THIS 10 ORDINANCE TO THE FLORIDA DEPARTMENT OF COMMUNITY 11 AFFAIRS, THE TREASURE COAST REGIONAL PLANNING COUNCIL, 12 PALM BEACH COUNTY, AND NATIONAL INVESTMENT COMPANY, INC.; 13 AND PROVIDING AN EFFECTIVE DATE. 14 15 WHEREAS, on January 7, 1999, the City Council approved Ordinance 22, 1998 as 16 a consolidated and amended Development Order for PGA National DRI; and 17 18 WHEREAS, the City has received an application from National Investment Company 19 to amend Ordinance 22, 1998 by extending the build -out date of the PGA National DRI by 20 two years from August 29, 2003, to August 29, 2005; and 21 22 WHEREAS, the Growth Management Department has reviewed said application, 23 has determined that it is sufficient and is consistent with the City's Comprehensive Plan 24 and the Comprehensive Plan of the State of Florida, and has recommended approval; and 25 26 WHEREAS, the Planning and Zoning Commission, the duly constituted Local 27 Planning Agency, held a public hearing on May 13, 2003, and recommended approval of 28 the proposed amendment; and 29 30 WHEREAS, the City Council has deemed approval of this Ordinance to be in the 31 best interest of the citizens and residents of the City of Palm Beach Gardens. 32 33 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 34 PALM BEACH GARDENS, FLORIDA that: 35 36 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 37 38 SECTION 2. The City Council of the City of Palm Beach Gardens, Florida, hereby 39 approves the following amendment to Ordinance 22, 1998: 40 41 1. The build -out date of the PGA National DRI /PCD is hereby extended from 42 August 29, 2003, to August 29, 2005. 43 44 SECTION 3. The approval authorizes the transmittal to the Florida Department of 45 Community Affairs, the Treasure Coast Regional Planning Council, Palm Beach County, 46 and National Investment Company. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Date Prepared: May 25, 2003 Ordinance 18, 2003 SECTION 4. The approval expressly incorporates and is contingent upon all representations made by the applicant or applicant's agent(s) at any workshop of public hearing. SECTION 5. This Ordinance shall become effective immediately upon adoption. PASSED this day of , 2003, upon first reading. PASSED AND ADOPTED this day of 2003, upon second and final reading. CITY OF PALM BEACH GARDENS BY: Eric Jablin, Mayor Carl Sabatello, Vice Mayor David Clark, Councilmember Joseph Russo, Councilmember Annie Marie Delgado, Councilmember ATTEST: BY: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney FOR AGAINST ABSENT GAattomey_share1ORDINANCESIPGA national amended dev ord - Ord. 18 2003.doc 2' FILE No . 967 03/28 '03 12:31 I D : URBAN DESIGN STUDIO FAX : 561 689 0551 PAGE 2/ 2 rti - �""Gti'_'.�, _• .h;.,��ta:.: ,1616,,"_;. TI h.:.:`. 1, `` • — _ tea. -. „'1' •�Cdr^� C 1i • • • _ �'� i ;, , _ ;! , •� _ ; j tau March 18, 2003' Mr. Charles Wu, Director Growth Management Department City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Subject: PGA National Development of Regional Impact Dear Mr. Wu: In accordance with the requirements of Section 380.06(19), Florida Statutes (F.S.), we have reviewed the "Notification of a Proposed Change to a Previously Approved Development of Regional impact (DRI)" (NOPC) for the PGA National DRI dated February 14, 2003. The NOPC proposes to extend the buildout date of the project from August 28, 2003 to August 29, 2005. This would be a cumulative extension of seven (7) years: The change is presumed not to be a substantial deviation pursuant to Sections 380.06(19)(c), F,S, Council has reviewed the information provided by the applicant and has determined that the proposed change will not create any additional regional impacts. This determination is based on comments received by the Florida Department of Transportation in its letter of March 10, 2003. Therefore, Council does not object to the proposed change. Please. transmit a certified copy of any Development Order amendment adopted pursuant to this notification of proposed change. If you have any questions please call. Sincerely, ri7T. Snyder DR.I Coordinator cc: Ken Metcalf, FDCA Dodi Glas, Urban Design Studio 1J MAR 2 0 2003 "Bringing Communities Together" • Est. 1976 301 1.16 09 0 e9 160 It 0910 V 6 t d - 'Yi /C 310 - 9 9 V arI. VIarlda 31994 Pbono (772) 221.1000 - 9C 209.4000 - flax (7 72) 221.4007 - F•w16il - 1 n.in cerpc.UZC CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: May 28, 2003 Meeting Date: June 19, 2003 Ordinance 19, 2003 Subiect / Agenda Item Ordinance 19, 2003: Gardens Medical Park PUD Amendment First Reading: Urban Design Studio, agent for Gardens Land Company, is requesting an amendment to a Planned Unit Development (PUD) for the construction of a three -story office building totaling 11,600 square feet on a 1.33 -acre parcel within Gardens Medical Park PUD, which is approximately four acres in size. The site is located on the north side of Burns Road, approximately one mile east of Alt. AlA, opposite Gardens Medical Center. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: FINANCE: City Council Action: Growth Management: [ ] Approved Principal Planner Talal Benothman, AICP Costs: $ N/A [ ] App. w/ conditions Project � Total [ ]Denied City Attorney Manager [ ] Rec. approval Christine Tatu Natalie Wong $ N/A [ ] Rec. app. w/ conds. Development Senior Planner Current FY [ ] Rec. Denial Compliances [ ]Continued to: Attachments: Bahareh Keshavarz- Wolfs, Funding Source: AICP Advertised: Date: . Table 1 Growth Mana e Paper: [ ] Operating • Table 2 Administrato [X] Other NA • Site and landscape plans Charles K. Wu, AICP [ ] Required [X] Not Required Budget Acct. #: Approved By: NA Affected parties: Ronald erris _X ] Notified [ ] Not Required LCity Manag Date Prepared: May 28, 2003 Meeting Date: June 19, 2003 Ordinance 19, 2003 BACKGROUND Gardens Medical Park Planned Unit Development was approved through Ordinance 17, 1983, on November 15, 1983, for 75,000 square feet of medical - office use. The original approval rezoned the site to PUD with an underlying zoning of Commercial Professional Office (CPO). The PUD was not originally approved with phasing, and had an intended build -out date of two years from the effective date. The PUD received a time extension for an additional three years, approved through Ordinance 1, 1989. A second time extension for an additional three years was approved through Resolution 36, 1992. At this time, only two phases have been constructed, with each phase under separate ownership. The proposed request for Phase III is for the completion of one three -story office building. This is the last remaining developable area within the PUD. The remaining square footage to be built, based on the original Master Plan, is 25,000 square feet. The applicant will construct the one building, similar in design and architecture to the existing structures, with a combined square footage of 11,600, resulting in a decrease of 13,400 square feet from the original PUD approval. CONCURRENCY The proposed square footage is vested from the previously approved concurrency for the PUD. LAND USE & ZONING The proposed project has a zoning designation of PUD Overlay with an underlying zoning of Professional Office (PO), has a future land -use designation of Professional Office (PO), and is designated Professional Office (PO) on the City's Vision Plan. Please see attached Table 1 for details of the surrounding properties. PROJECT DETAILS New Building The applicant is proposing a three -story office building on the east side of the site. Each floor will contain 3,866 square feet for a total of 11,600 square feet. The building will be constructed in the approximate location of the building's footprint shown on the originally approved Master Plan for the PUD; however, the proposed new building will have a smaller footprint than the two original buildings approved on the Master Plan. Architecture The proposed structure is consistent with the color, design and materials of the original approval. 2' Date Prepared: May 28, 2003 Meeting Date: June 19, 2003 Ordinance 19, 2003 The new building will have open walkways and stairwells. The petitioner has modified the elevations to provide an upgraded design to compliment the existing construction materials and colors of existing buildings on site. The existing buildings consist of cream - colored concrete finish walls, light beige accent colors, and brown colored wood wall walkway treatments. The applicant has requested a waiver to, allow the building to be constructed with three stories, exceeding the 36' height limitation by 2'3 ". This request is consistent with the existing structures on the site. Landscaping /Buffering A comprehensive landscape plan has been developed by the applicant in order to upgrade the quality and quantity of landscaping for the entire PUD. The landscape plan incorporates the planting designs established with the originally approved landscape plan for the PUD for buffer planting, foundation planting, open space planting areas and landscape medians in the parking lot. A large amount of existing trees and perimeter landscaping exist on site; however, current site conditions do not reflect the approved landscape plan for the PUD. The applicant has provided a new master landscape plan, consistent with the Land Development Regulations (LDRs) for the most part, that illustrates the existing vegetation on site with the proposed new planting. However, the applicant is requesting a waiver for the reduced width of the north, west, and south landscape buffers due to existing conditions and right -of -way taking for Burns Road. Lighting The petitioner has provided a photometric plan for the entire PUD. Currently, the existing lighting on site does not meet the minimum Code requirements. Four inconsistent types of light fixtures exist on site, of which several conflicts with mature tree canopy. The applicant will provide new metal halide lights for Phase III and will additionally remove and replace the old lights with new lights on Phases I and II that are consistent with Phase III. Lighting will not conflict with long -term tree canopy growth to allow for the full growth of tree canopies, and will furthermore provide adequate lighting on the site that is consistent with current Code requirements. Drainage The applicant has provided a drainage system review statement that was conducted by Southern Design Group to assess the existing drainage system including the review of all drainage lines, structures and control structures, as requested by the City Engineer. The study determined that the drainage system is in good condition and that the completion of the project will rectify past drainage problems associated with the site. 3 Date Prepared: May 28, 2003 Meeting Date: June 19, 2003 Ordinance 19, 2003 Access Access into the site is from Burns Road via two driveways, one at the east and one at the west end of the project. The proposed access points are consistent with the City- initiated Burns Road improvements. Parking Currently, 193 parking spaces are provided on site. The required parking provided under the original approval was calculated based on the previous code, which required one space per 250 square feet. The required parking for Phases I & II, using the current parking code ratio of one space per 200 square feet, is 250 spaces. Based 'on the existing 193 parking spaces on site, a deficit of 57 parking spaces currently exists. The proposed new building for Phase III requires an additional 58 parking spaces, based on a one space per 200 square feet parking ratio. The applicant has revised the plan to provide a total of 308 parking spaces, which is the amount of required parking for the entire PUD based on the current Code requirements. The applicant has requested a waiver to allow for a reduction in the parking stall width for the parking spaces in Phase III, which is permitted by Code with City Council approval. Furthermore, in accordance with the code the applicant has provided open space at a ratio of 1.5 square feet for each additional square foot of paved area and vehicular circulation area to compensate for the reduced width. The width of the existing spaces on site is 9'. The applicant has requested a waiver to allow the required drive aisles widths of 26' to remain at a width of 24' as they were originally approved and constructed. The applicant is also requesting that the drive aisle in the new parking bay be allowed to be constructed at 24'. Art in Public Places The applicant would be responsible for complying with the Art in Public Places requirement for the new vertical construction of the proposed building for Phase III, if the proposed development were approved. Waiver Request Code Section Required Existing Proposed Waiver Recommendation Section 78 -319 (a) Minimum 8'North & 5' North, 5'North, 3' for North Approval (1) landscape buffer West, West & West & & West and planting 15' South South South 10' for requirements South 4 Date Prepared: May 28, 2003 Meeting Date: June 19, 2003 Ordinance 19, 2003 Code Section Required Existing Proposed Waiver Recommendation Section 78 -344 Approval (2) (1)(1)(a) Parking 10' width x 9' width x 9' width x 1' Stall Dimensions 18.5 length 18.5 length 18.5 length Section 78 -344 Approval (3) (Table 32) Aisle 26' 24' 24' 2' Width Section 78 -153 The lesser (Table 12) Building of 2 stories 3 stories 3 stories, 1 story, 2'3" Approval (4) Height or 36' 3853" Section 78 -441 (c) Platting N/A Building Building Approval (5) Plat prior to permits Permits building prior to prior to permits platting latting (1) The applicant is requesting a waiver for the north, west, and south perimeter landscape buffers that were approved and built according to the Master Plan, approved in 1983. At the time, the minimum perimeter landscape buffer width required was five feet. Since the current code requires an eight -foot wide perimeter landscape buffer, a waiver is required for the north and west buffers. The code also requires a 15' landscape buffer along the south side of the parcel; therefore, the applicant is requesting a waiver of 10' for the south landscape buffer. Staff supports the waiver because the widths of all the buffers are an existing condition of the original approval. Furthermore, the City- initiated road widening project for Burns Road has caused a hardship on the south property line of the subject parcel because a portion of the property on the south side was acquired by the City for the widening of Burns Road. (2) The applicant is requesting a waiver from 'Section 78- 344(L)(1)(a), which requires that a standard parking space be a minimum of 10 feet wide. The applicant is requesting that the parking space width be reduced to nine feet for the 58 proposed parking spaces. The Code allows the reduction of parking spaces to a nine foot width with City Council approval per Section 78 -344 (L)(1)(b). In addition, the applicant has demonstrated the necessary open space, at a ratio of 1.5 square feet for each square feet of reduced pavement, required per Section 788- 344 (L)(2)(a), to reduce the width of parking spaces. The reduced paved area for the required parking is 1,073 square feet (18.5' sq.ft. x 58 spaces). The additional open space required is 1,609 square feet (1,073 x 1.5 = 1,609 square feet). The proposed plan provides 15,863 square feet or 27.4% open space overall, which exceeds the 8,681 square feet or 15% minimum; therefore, the waiver is justified. All the existing parking spaces on the Phases I and II are nine feet wide. (3) The applicant is requesting a waiver from Section 78 -344 to allow the drive aisles to remain at a width of 24' as they were originally approved and constructed. The applicant is also requesting that the drive aisle in the new parking bay be allowed to be constructed at 24', when 5 Date Prepared: May 28, 2003 Meeting Date: June 19, 2003 Ordinance 19, 2003 the Code requires a minimum of a 26' width. Staff is in support of the waiver request because the current width is an existing condition. The reduced aisle width will allow , for additional parking and green space for the project, and is consistent with existing drive aisles on site. (4) The applicant is requesting a waiver from Section 78 -153, which limits the height of structures to two stories, or 36' within the Professional Office zoning district. The applicant is providing an additional floor so that more of the site can be utilized for parking, which is required because of the high volume of traffic associated with medical office use. Furthermore, all buildings currently on site are three stories in height, and the proposed building will be consistent with the existing conditions. As such, staff is in support of the waiver. (5) The applicant is requesting a waiver from Section 78- 441(c), to allow the issuance of building permits prior to the plat being recorded. Section 78- 441(c) requires that the boundary plat shall be approved by the City Council and placed in the official records of the County prior to the issuance of a building permit. It is the applicant's desire to start construction of the building immediately upon site plan approval. A similar waiver request was granted for the Benjamin School PUD on February 6, 2003 (Ordinance 4, 2003). Staff is in support of the waiver request. PLANNING AND ZONING COMMISSION RECOMMENDATION On April 8, 2003, the Planning and Zoning Commission approved the subject petition by a vote of 7 -0. STAFF RECOMMENDATION Staff recommends APPROVAL of Ordinance 19, 2003. n Date Prepared: May 28, 2003 Meeting Date: June 19, 2003 Ordinance 19, 2003 I� TABLE I EXISTING ZONING AND LAND USE DESIGNATIONS EXISTING USE ZONING LAND USE Subject Propertv Medical office Professional Office (PO) Professional Office (PO) Planned Unit Development (PUD) Overlay North Oaks Park Residential Medium (RM) Residential Low (RL) Oaks PUD Planned Unit Development (PUD) Residential Open Space (ROS) Overlay South Burns Road Residential Medium (RM) Residential Medium (RM) Sandal Wood Residential Development West Medical Offices — Gardens Medical Professional Office (PO) Professional Office (PO) Center Conditional Use (CU) East Oaks East PUD Residential Medium (RM) Residential Low (RL) Date Prepared: May 28, 2003 Meeting Date: June 19, 2003 Ordinance 19, 2003 TABLE 2 CONSISTENCY WITH THE CODE Code Requirement Proposed Plan Compliance? Minimum Site Area — 15,000 sq. ft Phase III - 1.33 acres Yes (57,848 s . ft.) Open Space - 15% minimum 27.3% entire PUD) Yes Maximum Building Lot Coverage — 35% 10% Yes Maximum Height Limit — 36 feet 38'3" No — waiver request Setbacks: Front— 25' Front— 177' Side— 27 ft. Side— 76'6" Yes Side Facing Street — 27 ft. Side Facing Street— N/A Rear— 27 ft. Rear— 225' Parking: Total Number Required — 308 (Phase 1 &2 — 250 Phase 3 - 58) 308' Yes Bicycle Parking: 5% of required parking (308) = 16 spaces 21 Yes Landscaping: Existing/Proposed Buffers: Buffers: North = 8' North = 5' No — waiver requested South (R/W) = 15' South = 5' East = 8' East = 8' West = 8' West — 5' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Date Prepared: May 28, 2003 ORDINANCE 19, 2003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO A PLANNED UNIT DEVELOPMENT (PUD) FOR THE CONSTRUCTION OF ONE THREE -STORY OFFICE BUILDING TOTALING 11,600 SQUARE FEET ON A 1.33 -ACRE PARCEL OF LAND WITHIN GARDENS MEDICAL PARK PUD LOCATED ON THE NORTH SIDE OF BURNS ROAD, APPROXIMATELY ONE MILE EAST OF ALTERNATIVE A1A, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Gardens Medical Park Planned Unit Development (PUD) was approved by the City Council on November 15, 1983, through Ordinance 17, 1983 for 75,000 square feet of medical -office use; and WHEREAS, Ordinance 1, 1989 was approved by the City Council on February 14, 1989, for a three -year time extension for the PUD; and WHEREAS, Resolution 39, 1992 was approved by the City Council on May 7, 1992, for a three -year time extension for the PUD; and WHEREAS, the City of Palm Beach Gardens received Petition PUD -02 -10 from Urban Design Studio, agent for Gardens Land Company, requesting an amendment to a Planned Unit Development (PUD) for the construction of one three -story office building totaling 11,600 square feet on a 1.33 -acre parcel within Gardens Medical Park PUD, which is approximately four acres in size and is located on the north side of Burns Road approximately one mile east of Alternative Al A, as more particularly described herein; and WHEREAS, the Growth Management Department has reviewed said application, and has determined that it is sufficient and consistent with the City's Comprehensive Plan and Land Development Regulations and has recommended approval; and WHEREAS, on April 8, 2003, the Planning and Zoning Commission held a public hearing and recommended approval of the subject petition; and WHEREAS, the City Council has determined the adoption of this Ordinance to be in the best interests of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: Date Prepared: May 28, 2003 Ordinance 19, 2003 1 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 2 3 SECTION 2. The City Council of the City of Palm Beach Gardens, Florida hereby 4 approves the amendment to the Gardens Medical Park PUD to allow forthe construction of 5 one three -story office building totaling 11,600 square feet on a 1.33 -acre parcel of land 6 within the Gardens Medical Park PUD located on the north side of Burns Road 7 approximately one mile east of Alternative Al A, as more particularly described as follows: 8 9 LEGAL DESCRIPTION 10 11 A PARCEL OF LAND LYING, SITUATE, AND BEING IN SECTION 7, TOWNSHIP 42 12 SOUTH, RANGE 43 EAST, MORE PARTICULARLY DESCRIBED AS FOLLOWS: 13 14 FROM THE POINT OF INTERSECTION OF THE CENTERLINE OF THE FLORIDA EAST 15 COAST RAILWAY RIGHT -OF -WAY AND THE EAST -WEST QUARTER SECTION LINE 16 OF SECTION 7, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, 17 FLORIDA, RUN SOUTH 880 38' 15" EAST ALONG SAID EAST -WEST QUARTER 18 SECTION LINE A DISTANCE OF 51.86 FEET (ACCORDING TO THE RIGHT -OF -WAY 19 AND TRACK MAP OF THE FLORIDA EAST COAST RAILWAY CO., SAID CENTERLINE 20 OF THE FLORIDA EAST COAST RAILWAY RIGHT -OF -WAY BEARS NORTH 140 01' 00" 21 WEST AT THIS POINT AND ALL OTHER BEARINGS STATED HEREIN ARE RELATIVE 22 THERETO); THENCE NORTH 75159'00" EAST, A DISTANCE OF 131.00 FEET TO THE 23 BEGINNING OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 283.37 24 FEET AND A CENTRAL ANGLE OF 150 22'45"; THENCE EASTERLY, ALONG THE ARC 25 OF SAID CURVE, A DISTANCE OF 76.06 FEET TO THE END OF SAID CURVE; 26 THENCE SOUTH 880 38' 15" EAST, ALONG THE TANGENT TO SAID CURVE A 27 DISTANCE OF 616.56 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE 28 NORTH, HAVING A RADIUS OF 1682.15 FEET AND A CENTRAL ANGLE OF 6148,15"; 29 THENCE EASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 199.76 FEET 30 TO THE END OF SAID CURVE; THENCE NORTH 840 33' 30" EAST ALONG THE 31 TANGENT TO SAID CURVE, A DISTANCE OF 726.71 FEET TO THE BEGINNING OF A 32 CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 973.91 FEET AND A 33 CENTRAL ANGLE OF 110 43'30"; THENCE EASTERLY ALONG THE ARC OF SAID 34 CURVE A DISTANCE OF 199.30 FEET TO THE END OF SAID CURVE; THENCE 35 SOUTH 830 43'00" EAST A DISTANCE OF 347.05 FEET TO A POINT; THENCE NORTH 36 140 01'00" WEST A DISTANCE OF 31.99 FEET TO THE POINT OF BEGINNING OF 37 THE HEREIN DESCRIBED PARCEL, SAID POINT LYING ON THE NORTHERLY RIGHT - 38 OF -WAY LINE OF BURNS ROAD (60 FOOT RIGHT -OF -WAY); THENCE CONTINUE 39 NORTH 140 01' 00" WEST A DISTANCE OF 493.12 FEET TO A POINT; THENCE 40 SOUTH 830 43'00" EAST A DISTANCE OF 376.74 FEET TO A POINT; THENCE SOUTH 41 140 01'00" EAST A DISTANCE OF 493.12 FEET TO A POINT, SAID POINT LYING ON 42 THE NORTHERLY RIGHT -OF -WAY OF SAID BURNS ROAD; THENCE NORTH 830 43' 43 00" WEST ALONG THE NORTHERLY RIGHT -OF -WAY OF SAID BURNS ROAD A 44 DISTANCE OF 376.74 FEET TO THE POINT OF BEGINNING. 45 46 CONTAINING IN ALL 4.0 ACRES, MORE OR LESS. SUBJECT TO RIGHTS -OF -WAY 47 AND EASEMENTS OF RECORD. 48 2 Date Prepared: May 28, 2003 Ordinance 19, 2003 1 SECTION 3. Said approval is subject to the following conditions, which shall be the 2 responsibility of the applicant, its successors,; or assigns: 3 4 1. Prior to issuance of the first Certificate of Occupancy, the applicant shall 5 comply with the Art-in- Public- Places requirement by providing art on site or 6 make a payment in lieu of art, in accordance with Section 78 -262 of the LDRs. 7 The Art-in- Public- Places Committee shall review and make a recommendation 8 to the City Council on any proposed art on site. (Planning and Zoning) 9 10 2. All mechanical equipment on rooftops for Phase III shall be completely 11 screened from view of the right -of -way. (Planning and Zoning) 12 13 3. Required digital files of the approved plat shall be submitted to the Planning 14 and Zoning Division prior to issuance of the first Certificate of Occupancy, and 15 approved civil design and architect drawings shall be submitted prior to the 16 issuance of the first Certificate of Occupancy. (GIS Manager and 17 Development Compliance Officer) 18 19 4. Prior to the issuance of the first Certificate of Occupancy, the applicant shall 20 plat all parcels within the PUD, including Phases I, II, and III in accordance with 21 LDR Section 78 -446, Plat review and approval process. (City Engineer) 22 23 5. Prior to the issuance of the first Certificate of Occupancy, the plat for Phase III 24 shall be recorded with a 20 -foot access easement for drainage purposes, in 25 favor of the City of Palm Beach Gardens, from Burns Road to the northern 26 boundary of the PUD for the purpose of canal maintenance north of the site. 27 Within ten days of City Council approval, the applicant shall submit a revised 28 site plan to show the 20 -foot access easement on the site plan. (City 29 Engineer, City Forester) 30 31 6. The property owners of the Gardens Medical Center PUD shall maintain the 32 road shoulder and median of Burns Road adjacent and contiguous to the PUD. 33 This condition may be amended any time by a separate agreement between 34 the applicant and the City of Palm Beach Gardens. (City Forester) 35 36 7. Prior to the issuance of the first building permit, the applicant shall submit an 37 agreement to be reviewed and approved by the City Attorney, agreeing that if 38 the Condominium Association Documents are amended, the City of Palm 39 Beach Gardens shall be notified prior to the amendment. (Planning and 40 Zoning) 41 8. Prior to the issuance of the first building permit, the applicant shall submit a 42 revised photometric plan to meet the requirements of the LDRs as specified in 43 the memo issued from LBFH dated June 2, 2003. (City Engineer) 44 45 9. Prior to the issuance of the first Certificate of Occupancy for Phase III, the 46 existing drainage system shall be cleaned of landscape debris to the 47 satisfaction of the City Engineer. (City Engineer) 48 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Date Prepared: May 28, 2003 Ordinance 19, 2003 10. Prior to the issuance of the first Certificate of Occupancy, all lighting for Phases I, II, and III shall be metal halide and consistent in type and height. (Police) 11. Landscaping shall not conflict with lighting, including long -term canopy tree growth for all Phases. (Police) 12. Building numbers for Phase III shall be a minimum of 12 inches in height. (Police) 13. The applicant shall provide a timel clock or photocell sensor - engaged lighting for above or near entryway sides for Phase III. (Police) SECTION 4. The City Council of the City of Palm Beach Gardens hereby approves the following four waivers with this approval: 1. A waiver from Section 78 -319, "Minimum landscape buffer and planting requirements" to allow for a 5 -foot perimeter landscape buffer on the north and west sides of the property, and to allow for a 5 -foot perimeter landscape buffer on the south side. 2. A waiver from Section 78 -344, "Parking Stall Dimensions" to allow for a reduction in the parking stall width of all parking spaces proposed for Phase III to 9 feet. 3. A waiver from Section 78 -344, "Aisle Width" to allow for a reduction of the parking driveway isle width to 24 feet. 4. A waiver from Section 78 -153, "Building Height" to allow for a three -story office building totaling 38 feet 3 inches. 5. A waiver from Section 78 -441 (c) of the City Code for the approval of building permits prior to platting. SECTION 5. Said approval shall be consistent with all presentations made by the applicant or applicant's agent 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. March 26, 2002, received by the City of Palm Beach Gardens July 25, 2002. Survey by Daily and Associates, Inc. 2. April 9, 2003, received by the City of Palm Beach Gardens April 11, 2003. Site Plan by Stephen Boruff Architects and Planners, Inc. Sheet Al. M Date Prepared: May 28, 2003 Ordinance 19, 2003 3. April 7, 2003, received by the City of Palm Beach Gardens April 11, 2003. Floor and Roof Plans by Stephen Boruff Architects and Planners, Inc. Sheets A2 through A5. 4. April 7, 2003, received by the City of Palm Beach Gardens April 11, 2003. Elevations by Stephen Boruff Architects and Planners, Inc. Sheets A6 & A7. 5. April 24, 2003, received by the City of Palm Beach Gardens April 29, 2003. Landscape Plan by Seminole Bay Land Company, Inc. Sheet LS -2. 6. April 7, 2003, received by the City of Palm Beach Gardens April 11, 2003. Landscape Plan by Seminole Bay Land Company, Inc. Sheet LS -3. SECTION 7. This approval expressly incorporates and is contingent upon all representations made by the application or applicant's agent(s) at any workshop or public hearing. SECTION 8. This Ordinance shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) M 1 2 3 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Date Prepared: May 28, 2003 Ordinance 19, 2003 PASSED this day of , 2003, upon first reading. PASSED AND ADOPTED this day of , 2003, upon second and final reading. CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT twz Eric Jablin, Mayor Carl Sabatello, Vice Mayor David Clark, Councilmember Joseph Russo, Councilmember Annie Marie Delgado, Councilmember ATTEST: WN Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney G: \attorney share \ORDINANCES \gardens medical park - Ord 19 2003.doc 6 City of Palm Beach Gardens °" Mayor Jablin Council Agenda June 19, 2003 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 e,- Council Member Clark --,- Council Member Russo Vice Mayor Sabatello ° " 1.- 1 Council Member Delgado CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING June 19, 2003 7:00 P.M. 4 I. PLEDGE OF ALLEGIANCE e H. ROLL CALL dIII. ADDITIONS, DELETIONS, MODIFICATIONS: IV. ANNOUNCEMENTS / PRESENTATIONS: a. Pa e 5 Honda Classic — 2003 Final Report ,IV. ITEMS OF RESIDENT INTEREST: "-VI. CITY MANAGER REPORT: xp %ru l � nQvm2-�-r SAT& 'T"91 ts VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) P�� VIII. CONSENT AGENDA: S-s® a. (Page 66) Consideration of approving Minutes from the June 5, 2003 Regular City Council Meeting. L/ b. I (Page 72) Resolution 95, 2003 — Approving an agreement for traffic control between the City of Palm Beach Gardens and the Gardens Hunt Club Association, r Inc. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an agreement for traffic control jurisdiction between the City of Palm Beach Gardens and the Gardens Hunt Club Association, Inc.; and providing an effective date. Zc. ✓ (Page 79) Resolution 101, 2003 — Harbour Oaks Plat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Harbour Oaks Subdivision Plat; and providing an effective date. t/d. .9 Pa g e 84 Resolution 104, 2003 — A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing a piggyback purchase for the Public Works Department's sign graphics system from Advanced Digital Cutting Systems, Inc. via City of Bartow Bid #PW -8; and providing an effective date. L,/e' --" (Page 103) Resolution 108, 2003 -- Appointments to Recreation Advisory Board. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the appointment of George Schmidt as a member of the Parks and Recreation B oard and E mest V olonte a s a n a lternate in ember o f t he P arks a nd Recreation Advisory Board; and providing an effective date. f (Page 1.08) Resolution 110, 2003 — Municipal Public Safety Communications Consortium -First Amendment to Interlocal Agreement. A Resolution of the City Council of the City of Palm Beach Gardens, Florida pledging its portion of the $12.50 in oving v iolation f unds a llocated b y P alm B each C ounty R esolution R- 2002 -0192, as amended, in accordance with Section 318.21 (10), Florida Statutes, to the Municipal Public Safety Communications Consortium communications project; authorizing the execution and delivery of a First Amendment to Interlocal Agreement; waiving the City's rights to withdraw its pledge during the term of the debt financing of the communications project; and providing an effective date. IX. PUBLIC HEARINGS: PART I — Quasi - Judicial X. RESOLUTIONS: �. (Page t51) Resolution 89, 2003 — Approve a contract award to Coral -Tech Associates, Inc. A Resolution of the City Council of the City of Palm Beach Gardens, Florida awarding a contract to Coral -Tech Associates, Inc. for the Burns Road Community Recreation Campus Improvements; and providing an effective date. ,/b. V (Page 198) Resolution 113, 2003 — A Resolution of the City Council of the City of Palm Beach Gardens, Florida, authorizing the Mayor and City Clerk to execute a Quit -Claim deed in favor of Palm Beach County for Tract "C" of the ,5o0 Frenchman's Reserve PCD -Golf Maintenance Plat; and providing for an effective date. XI. ORDINANCES: (For Consideration on First Reading) ,/a. Maize 211.) Ordinance 6, 2002 — Newsrack Ordinance. An Ordinance of the Cit Council of the City of Palm Beach Gardens, Florida relating to the regulation of pwa n we sracks in public rights -of -way; repealing Section 78 -701, Code of Ordinance 5-,0 entitled "Newsracks" in its entirety; creating a new division 14 of Chapter 78, Code of Ordinance to be entitled "Newsrack Regulations "; providing for codification; and providing an effective date. V b• (Pa 2e 3 Ordinance 17, 2003 — Vapvintg to Banyan Tree Planned Unit Develop nt (PUD) — Phase I and ance of the it Council oft e City of Pal Beach Gardens, Flori an amendment to the Banyan Tree Planned it Devel'opment (PUD) in er to allow modifications to the previously appro d master plan for the PUD, enerally located on both the Northeast and Nort est corners of Northlake d MacArthur Boulevards (Parcels 12.04 and 12. , as more particularly descri herein; providing for waivers; providing for con 'tions of approval; and providing effective date. 'c (Page 265) Ordinance 18, 2003 — PGA National DRI/PCD Time Extension. An Ordinance o t e City Council of the Citv of Palm Beach Gardens. Florida approving an amendment to Ordinance 22, 1998, the consolidated and amended development order for PGA National Development of REGIONAL Impact (DRI) ®� and Planned Community District (PCD) by extending the build -out date by two years from August 29, 2 003 to August 29, 2005; authorizing the City C lerk to transmit copies of this Ordinance to the Florida Department of Community Affairs, the Treasure Coast Regional Planning Council, Palm Beach County, and National Investment Company, Inc.; and providing an effective date. �d. (Page 309) Ordinance 19, 2003 — Gardens Medical Park PUD Amendment. An Ordinance of the City Council of the City of Palm Beach C.ar.lens, Florida approvin an amendment to a Planned Unit Development (PUD or t e ?&00 construction o f o ne t hree -story o ffice b uilding t otaling 11,600 s quare feet o n a 57,0 1.33 — acre parcel of land within Gardens Medical Park PUD located on the North side of Burns Road, approximately one mile East of Alternative AIA, as more particularly described herein; providing for conditions of approval; providing for waivers; and providing an effective date. XII. ITEMS FOR COUNCIL ACTION /DISCUSSION: XIII. CITY ATTORNEY REPORT: XIV. ADJOURNMENT In accordance with the Americans with Disabilities Act and Florida Statute 286.26, 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. NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. Would the following individuals please join me at the podium. ■ Debbie Andrea ■ C. R. Brown ■ Jack Doughney ■ Jack Hanson • Mike Kelly • Delores Key ■ Mike Morrow • Carrie Ann Myers • Charlotte Presensky • Dan Reidy • Felix Sanchez ■ Ann Schilling ■ Jack S chnur ■ Al Wesenick I would like to present each of ,you with a certificate of appreciation for all _your hard work on the Honda Classic. Let me take a minute to read the certificate: The City of Palm Beach Gardens Certificate of Appreciation In recognition of your commitment to the Honda Classic 2003. The City of Palm Beach Gardens is a better place because of your dedication. Awarded this 19th Day of June, 2003 The Palm Beach Gardens Education Advisory Board represents the citizens of Palm Beach Gardens, Florida in educational matters pertaining to our public schools. It is our mission to support and assist our local schools wherever we can. We agree with the Legislature that standardized testing is necessary to assess the accountability and academic standing of individual public schools; however, we are very concerned with the time frame of the FCAT testing. The FCAT testing of students in February and March does not reflect an entire year of instruction. To base the promotion of a student on two thirds of a school year, does not appear rational, especially when the schools receive the results of the testing so late in the year that instruction cannot be adjusted in time to benefit unsuccessful students_ Another problem for the schools is created with this early testing. Because so much emphasis is placed on the FCAT, when the testing is completed, the students believe that all their learning has been accomplished and their attitudes reflect this outlook. School records indicate an increase in behavioral referrals after the completion of the FCAT. We suggest that all FCAT testing be given in early May with individual schools receiving the results by July. The-schools would still be able to refer "at risk" students to summer programs because the teachers in our schools continually access their students and have been able to predict with great accuracy the students who did not pass the FCAT. With testing completed in May, a more accurate picture of the year's learning would occur. In addition, with FCAT testing in May, the students' interest in learning would more readily reflect the school calendar. We hope you will consider our suggestions which will more accurately measure a year of true learning for our Florida students. 4 mlmala cd CITY OF PALM BEACH GARDENS FROM THE DESK OF PATRICIA SNIDER CITY CLERK I'm �4 IN 1'{ �►ha v Z L INTERLOCAL AGREEMENT TO PROVIDE BUILDING INSPECTION AND PLAN REVIEW SERVICES THIS AGREEMENT is entered into this day of , 2003, by and between the Town of Juno Beach, a municipal corporation organized and existing under the laws of the State of Florida ( "Town ") and the City of Palm Beach Gardens, a municipal corporation organized and existing under the laws of the State of Florida ( "City "). WITNESSETH: WHEREAS, the Town lacks the personnel to provide building inspection services within its corporate limits; and WHEREAS, the City possesses the necessary personnel and resources to provide such inspection services on behalf of the Town; and WHEREAS, the Town has determined that it is in the best interests of the health, safety, and welfare of its residents to contract with the City to provide building inspection services; and WHEREAS, Section 163.01, Florida Statutes, allows local government to make the most efficient use of their powers by enabling them to cooperate with each other on the basis of mutual advantage and thereby provide services and facilities in a manner that will best serve the needs of each unit of government. NOW, THEREFORE, in consideration of the mutual obligations set forth below, and other good and valuable consideration, the Town and the City agree as follows: SECTION 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by this reference. SECTION 2. Purpose. The exclusive purpose of this Interlocal Agreement is to provide the Town with the expertise and assistance of the City's Building Division for plan review and the inspection of construction projects within the Town's corporate limits. t SECTION 3. Definitions. When used in this Agreement, the following terms shall have the meanings set forth below: Building Official means the City of Palm Beach Gardens Building Official or his /her designee. Code means the provisions of the Florida Building Code, as it may from time to time be amended, and any local amendments thereto. Division means the City of Palm Beach Gardens Building Division. Fees mean fees charged as a condition for issuance of a building, electrical, or plumbing permit and /or the inspection fee charged for inspection of work. Inspector means any licensed building inspector employed by the City. Permit means a permit issued by the Town for any construction work. Permttee means any individual, corporation, or other business entity applying for and /or holding a valid permit. SECTION 4. Procedure for Submittal of Plans and Issuance of Permits. 4.01 All construction plans shall initially be submitted to the Town by the Permittee, and the Town shall review the plans for compliance with all Town ordinances and the Town's Land Development Regulations. 4.02 The City shall provide the Permittee with the City- approved application forms and fee schedule. 4.03 The City shall review and process the plans for compliance with the Code, and shall determine all necessary subsidiary permits and the amount of any such fees. All permits and certificates of occupancy shall be prepared by the City and issued by the Town. 4.04 The Town and the City shall work together to formulate a procedure for the submittal and review of plans, the scheduling of inspections, and the issuance of permits and certificates of occupancy. This procedure may be amended, as necessary, by the mutual agreement of the Town and the City without the necessity of amending this Agreement. 2. SECTION 5. Transitional Provisions. The parties agree that any permits prepared by Palm Beach County and issued by the Town prior to the effective date of this Interlocal Agreement will continue to be the responsibility of the County with regard to inspections and issuance of certificates of occupancy. SECTION 6. Obligations of the Town. 6.01 The Town shall be solely responsible for the enforcement of violations of the Code by persons engaged in construction within the Town. 6.02 The Town shall retain primary responsibility for the administration and processing of all consumer inquiries. The Town shall forward to the Building Official only those inquiries concerning the plan review and inspection process, and all others shall remain the responsibility of the Town. SECTION 7. Permit Fees. As compensation for processing the construction plans and performing building inspections within the Town, the City shall retain one hundred percent (100 %) of all permit fees established by Resolution of the City, as they may from time to time be amended. The Town shall retain an administrative fee established by the Town, which shall be in addition to the permit fees. The Town shall collect all applicable fees and transmit such fees to the City on the first day of each month. SECTION 8. Term. This Agreement shall be for a term of one (1) year and shall automatically be renewed unless either party gives written notice of its intent not to renew thirty (30) days prior to the expiration of the applicable term. Notwithstanding the foregoing, either party may terminate this Agreement for any or no reason with sixty (60) days' written notice. Any fees paid to City for inspection services that are not completed shall be prorated in accordance with the percentage of inspection completed, and any excess shall be refunded to the Town. SECTION 9. Indemnification. The parties acknowledge that they are both governmental entities governed by the provisions of Section 768.28, Florida Statutes. Without waiving any provisions provided therein, the parties agree that each will, to the extent permitted by law, be responsible for any damage caused by or arising out of the negligence or willful misconduct of its employees or agents. 3 . V SECTION 10. Notices. All notices required or contemplated by this Agreement shall be in writing and shall be hand - delivered or mailed certified mail, return receipt requested to the following addresses: For the Town: Town of Juno Beach 340 Ocean Drive Juno Beach, Florida 33408 Attention: Town Manager Copy to: Juno Beach Town Attorney Boose Casey Ciklin et al. 515 N. Flagler Drive, 17th Floor West Palm Beach, Florida 33401 For the City: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attention: City Manager Copy to: Palm Beach Gardens City Attorney 10500 North Military Trail Palm Beach Gardens, Florida 33410 Palm Beach Gardens Building Official 10500 North Military Trail Palm Beach Gardens, Florida 33410 SECTION 11. Miscellaneous Provisions. 11.1 This Agreement shall not be assigned or transferred by either party without prior written consent. 9 I 11.2 All officers and other persons employed by the City and the performance of the services, functions, and responsibilities described and contemplated herein are deemed City employees or appointees during the duration of this Agreement and shall not, ' under any circumstances, be considered employees of the Town. 11.3 This Agreement constitutes the entire understanding of the parties. It may not be modified, or any of its provisions waived, unless such modification and /or waiver is in writing and is agreed to be signed by both parties. 11.4 Nothing contained in this Agreement shall be construed to constitute or transfer powers in any way whatsoever. 11.5 Should any provision of this Agreement be declared invalid by a Court of competent jurisdiction, same shall be deemed stricken herefrom and all other terms and conditions of this Agreement shall continue in full force and effect as if such invalid provision had never been a part hereof. 11.6 This Agreement shall be signed in triplicate and filed for record by the Town with the Clerk of the Circuit Court of Palm Beach County in accordance with Section 163.01, Florida Statutes. (The remainder of this page left intentionally blank) 5' IN WITNESS WHEREOF, the parties have executed this Agreement effective on the date first written above. ATTEST: TOWN OF JUNO BEACH a Florida By: Allison J. Jaramillo, Town Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Greg Kino, Town Attorney ATTEST: By: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Christine P. Tatum, City Attorney municipal corporation Bv: Robert C. 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N V 0 M � � ° N ° N 00 5 ' � o O � � U V N � � o O N � � � O O U N � � O � � N FM � •'--� O � V � U W � O U U CL I.L � M O W � ■ O '"C �-4 V 1 O � o � �ct o �, O,W• CL E 0 .y LM =1 0 cn N U C� G � ,� � IV) 4 f Z o O4--j _ o FM C: Q U) a ' Z � LU � C: 0 0 a) V U W a) OC `� 0 C: LL 0 LL Q U O FM Cl) Q W O U � U ca v U �— O v) m� C) a) o }' O M m +� p O � � O 00 Q C/) � O a) o QL o E ° L- o C6 O O MU �U �) O O -0--i 'cn > -0 O O O L- 0 �C 0 C6 X cu 0— �: UJ J Q Q ■ W L m � o � E o o ca 0 0 O -0.— O cu O C6 U O L- p O O0 C:) O C6 C) CO cD cn c M O O O E O U 0� m U C%AM U) z 0 FM N LU z a pa-psa0k Lib Cop i Par- P,e. CITY COUNCIL MEETING 06/19/03 ADDIrTff(DNS4 D1EILIETII3IYS AND fi/ G DMcCATII ®R15 ADDIITIIGNS: IIDIEILIETI ONS: M0 DIDFff CATII ®IYS Under City Report The Interlocal Agreement to provide building inspection and plan review services. A copy was provided to each Councilmember today either by hand delivery or e-mail. Under Ordinances: Item b. Ordinance 17,2003 — Amendment to Banyan Tree Planned Unit Development (PUD) — Phase I and II. The Attorney for the petitioner has asked that this item be postponed until July 17, 2003 since there are a number of items that need to be tied down in order for it to move forward to public hearing. A copy of the fax from Stephen Mathison has been provided for each Councilmember.